states ``it is vitally important that DOT maintain 11516 (and other
related SPs) as is.''
    Although PHMSA appreciates the comments pertaining to SP 11516,
until such a time that PHMSA participates in an open and transparent
debate on this issue (redefining the term ``aerosol''), SPs such as SP
11516 and the like will remain valid under current policy and
definitions.

D. Cargo Tanks/Rail Cars/Portable Tanks

    No comments were received regarding the SPs proposed for adoption
under this category. PHMSA did, however, receive comments requesting
reconsideration of certain SPs not proposed for adoption.
Comments Requesting Reconsideration
    In its comments, The Chlorine Institute (CI) recommends that
reconsideration be given to adopt SP 9694 and 10457. These SPs
authorize the transportation in commerce of chlorine contained in MC
331 cargo tanks equipped with angle valves, excess flow valves and
pressure relief valves not presently authorized in the HMR. Because
neither SP was proposed for adoption in the NPRM, neither SP is being
adopted in this final rule.
    In its comments, The CI recommends that reconsideration should be
given to

adopt SP 15647. This SP authorizes the retesting of certain DOT
specification and non-DOT specification multi-unit tank car tanks
without approval from the Association of American Railroads (AAR).
PHMSA notes that SP 15647 is under consideration for adoption into the
HMR in a separate advance notice of proposed rulemaking (ANPRM) under
docket PHMSA-2012-0082 (HM-251).
    Lastly, the CI recommends that reconsideration should be given to
adopt SP 9166 and SP 11903 under Petition for Rulemaking (P-1608) and
related SPs 10878, 12516, 14275, 14277, 14779, and 15552. These SPs
authorize the manufacture, marking, sale, and use of a non-DOT
specification glass fiber reinforced plastic (GFRP) cargo tank
conforming with all regulations applicable to a DOT specification 407/
412 for transportation in commerce of certain hazardous materials.
PHMSA notes it is working to develop a uniform standard for FRP cargo
tanks and will address this issue in a future rulemaking.

E. Operational Air/Vessel

    COSTHA supports future consideration of SP 11110 under Petition for
Rulemaking P-1610. As previously noted, COSTHA submitted a petition for
rulemaking under P-1610 to adopt the provisions of SP 11110 into the
HMR. This SP authorizes cargo aircraft operators to stow Division 1.4S
and Class 8, PG III materials in inaccessible cargo locations in excess
of the limitations specified in Sec.  175.75(c). This petition has been
accepted by PHMSA for consideration in a future rulemaking; however,
more time is needed to research the potential impact of changes to
Sec.  175.75 and to coordinate this review with the appropriate
parties, including our modal partners.
    Based on comments from PCSD, proposed Special provision ``W11'' in
Sec.  172.102 is being replaced by revising Sec.  176.800(a) to allow
Class 8 (corrosive) materials that are also foodstuffs or foodstuff
ingredients intended for human consumption to not be considered
incompatible for segregation purposes in conformance with SP 11691.
Comments Requesting Reconsideration
    Some commenters recommended that reconsideration be given to adopt
SP 11502 (use of International Civil Aviation Organization Technical
Instructions (ICAO TI) for highway shipments). In their comments,
COSTHA and UPS firmly support adoption and provide justification as to
why the SP should be adopted. However, PHMSA notes SP 11502 is under
consideration for adoption into the HMR in a separate, broader, and yet
unassigned air-specific rulemaking action.
    Arkema recommends that reconsideration should be given to adopt SP
12879 into the HMR. This SP authorizes the transport of IBCs containing
combustible liquids without placards or identification numbers in
sealed freight containers consigned for export. Because SP 12879 was
not proposed for adoption in the NPRM, the SP is not being adopted in
this final rule; however, we may reconsider its codification in a
future proceeding as appropriate.

F. Operational Highway/Rail/Shipper/Other

    PHMSA acknowledges COSTHA's support for the adoption of petitions
for rulemaking P-1607 (SP 11458) and P-1611 (SP 11470) into the HMR in
this proceeding.
    IME supports the adoption of SP 4850 as proposed. This SP
authorizes the transportation in commerce by motor vehicle, rail
freight, cargo vessel, and cargo aircraft of limited quantities of
certain approved explosive articles (UN0237, charges, shaped, flexible,
linear; and UN0104, cord, detonating, mild effect or fuse, detonating,
mild effect metal clad) re-classed as Division 1.4D in prescribed
packagings, subject to certain special provisions.
    Veolia supports the adoption of SP 11055. Further, Veolia supports
adoption of SP 11470 with one major modification--the HMR should not be
limited to ``expired'' products but rather should include all consumer
commodities shipped for disposal/recycling under manufacturer recalls,
off-spec/unwanted/unneeded product, etc. PHMSA agrees with Veolia and
is revising Sec.  173.306(k) accordingly.
    COSTHA and DGAC support the adoption of SPs 11352, 12207, 12306,
13165, and 14945. However, according to COSTHA, the proposed regulatory
text in Sec.  177.820 appears to be more restrictive than the
exceptions currently in Sec.  171.1(d)(4). After further consideration,
we agree with COSTHA and are not adopting the five SPs in this final
rule as proposed in the NPRM.
    Dow supports the adoption of SP 9874, SP 14822, and the eight
related SPs. In its comments, Dow supports codification of the SPs but
has specific concerns: (1) SP 9874 and 14822 authorize instrumentation
and signaling systems such as sensors, alarms, and electronic
surveillance equipment in addition to video monitoring; (2) SP 9874 and
14822 do not require a video camera with a ``motorized zoom lens
capable of panning and zooming from the remote control station''; (3)
SP 9874 and 14822 do not require that the view capability must include
the entire containment area; and (4) Dow wants assurance that the
attendance requirements in Sec.  177.834 (i) apply to motor carriers
only. We agree that Dow's comments have merit and, in this final rule,
except for number (4), the regulatory text in Sec.  177.834(i) is
revised accordingly. Regarding issue number (4), long-standing
interpretations preclude the need to revise the attendance
applicability provisions of the HMR. As a result of Dow's concerns,
Sec.  177.834 (i) is revised accordingly in this final rule.
    In its comments, Eli expresses it support for the adoption of SP
14150 in Sec.  177.834(i)(3)(ii) as proposed. SP 14150 authorizes use
of video cameras and monitors to observe the loading and unloading
operations of certain Class 3 and Class 8 hazardous materials from a
remote control station in place of personnel remaining within 7.62
meters (25 feet) of cargo tank motor vehicles. Lastly, PCTI supports
adoption of SP 11352 as proposed in Sec.  177.820.
    Veolia supports the adoption of SP 11043. However, it notes that
the regulatory text proposed in Sec.  177.840(a)(3)(i) should be
revised to require a 4-foot separation rather than a 5-foot separation
for consistency with the segregation spacing requirements found in
Sec.  173.12(e). We agree with Veolia's comment and are revising Sec.
177.840(a)(3)(i)(C) accordingly.
    Veolia supports adoption of SP 11984 with one major modification--
the HMR should require flame-proof outer packaging for chemical oxygen
generators shipped with only one positive means of preventing
unintentional activation as expressed in concern for equivalent level
of safety in proposed SP modification in August 2011. After additional
review, in this final rule, we are adopting the provisions of SP 11984
as proposed into Sec.  173.168.
    In the NPRM, PHMSA proposed to add Special Provision 383 to adopt
SP 11356. This SP authorizes certain materials meeting the conditions
for high viscosity flammable liquids specified in Sec.
173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), to be reassigned to
Packing Group (PG) III for transportation by motor vehicle. The SP
prescribes packaging, capacity limitations, and load securement
requirements. We proposed to adopt the provisions of the SP in its
entirety in this new special provision for the following entries:
Coating solution (UN1139, PG II) and paint (UN1263, PG II). In its
comments,

ACA requests that PHMSA expand the materials authorized for
reclassification to include: (1) UN1866, Resin solution, PG II; (2)
UN1210, Printing ink, PG II; and (3) UN1133, Adhesives, PG II. We agree
with ACA and are revising the HMT for the requested entries
accordingly.
    In the NPRM, we proposed to add a new paragraph (h) to Sec.  173.12
to adopt the provisions of SP 11470 in its entirety. In its comments,
ACA is concerned that ``stretch-wrapped'' pallets would not be able to
take advantage of the exceptions provided for ``shrink-wrapped''
pallets. Further, ACA suggests that the proposed regulatory text limits
the type of packages to ``boxes.'' We agree and are revising Sec.
173.12(h) to explicitly allow ``stretch-wrapped'' pallets and any
authorized type of packaging.
    Section 174.67 establishes specific operational requirements for
railroad tank car unloading. For combustible liquids or Class 3 liquid
petroleum distillate fuels, SP 12002 authorizes clearing frozen liquid
blockages from the outlet by attaching a fitting to the outlet line and
applying nitrogen at a pressure of 50 to 100 psi. In the NPRM, we
proposed to revise paragraph (g) to Sec.  174.67 to adopt the
provisions of SP 12002 in its entirety. In its comments, ACA recommends
that the use of nitrogen should be permitted ``at a pressure of up to
100 psi'' for clarity. We agree with ACA and are revising Sec.
174.67(g) accordingly.
    In its comments, DGAC supports adoption of SP 11666 as Sec.
172.102(c)(1), Special Provision 384. It does, however, comment on the
use of the word ``sifting'' which should actually be ``shifting'' and,
further, the SP permits stacking two or more levels high to achieve
maximum allowable utilization of the designated vehicle, rail car
weight, or intermodal freight container weight or vessel hold volume.
We agree with DGAC's comments and the special provision is revised
accordingly.
    DGAC supports the adoption of SP 14525 and correctly points-out
some discrepancies in preamble discussion of its adoption in new Sec.
172.102(c)(3), Special Provision B130. We agree with DGAC's comments
and revise the preamble discussion and regulatory text accordingly.
Comments Requesting Reconsideration
    IME and COSTHA firmly support that reconsideration should be given
to adopt SP 14282. This SP authorizes transportation in commerce of
certain detonators, detonator assemblies, detonators for ammunition,
detonating fuses and igniting fuses on the same motor vehicle with any
other Class 1 explosives. Because SP 14282 was not proposed for
adoption in the NPRM, the SP is not being adopted in this final rule.
    Veolia comments that reconsideration should be given to adopt SP
12998. This SP authorizes the transportation in commerce of lab packs
containing materials that are not waste materials by private or
contract carrier from one laboratory to another within the same
company. Because SP 12998 was not proposed for adoption in the NPRM,
the SP is not being adopted in this final rule.
    Veolia comments that reconsideration should be given to adopt SP
12102. This SP authorizes transportation in commerce of certain
unapproved desensitized explosives. Because SP 12102 was not proposed
for adoption in the NPRM, the SP is not being adopted in this final
rule.
    Veolia comments that reconsideration should be given to adopt SP
13179. This SP authorizes transportation in commerce of certain
approved lighters which have been removed from their inner packaging
and are being sent for disposal. Because the SP indicated Code 5
(already adopted or otherwise covered under current regulations as the
reason it was considered not suitable for adoption), Veolia asserts
PHMSA will terminate the SP and therefore, its provisions either need
to be adopted into the HMR in this rulemaking or the SP should not be
terminated. We sincerely apologize for any confusion this may have
caused as we mistakenly miscoded SP 13179 in the NPRM. In hindsight, SP
13179 should have been a Code 2 or 3 as not suitable for adoption.
Further, because SP 13179 was not proposed for adoption in the NPRM,
the SP is not being adopted in this final rule nor do we intend to
terminate it at this time.
    For highway transportation by private carrier, SP 11197 provides
relief from the requirement to display the limited quantity marking on
packages containing materials assigned to PG II and III and prepared in
accordance with the limited quantity requirements in Part 173. In its
comments, ACA claims the regulatory text is not clear regarding its
application but did not provide alternative language. Consequently, the
language is adopted as proposed.
    Gulf Coast, RIBCA-NA, and CI recommend that reconsideration should
be given to adopt SP 12412 into the HMR as there are 322 companies as
grantees. This SP authorizes discharge of liquid hazardous materials
from certain UN intermediate bulk containers (IBCs) and DOT
specification 57 portable tanks without removing them from the vehicle
on which they are transported. Because SP 12412 was not proposed for
adoption in the NPRM, the SP is not being adopted in this final rule.
    Estes-Cox firmly supports the adoption of SP 7887 and comments that
reconsideration should be given. This SP authorizes certain Class 1
articles in small amounts to be reclassed as Division 4.1 flammable
solid, organic, n.o.s. It applies to small ``single-use expendable'' or
``reloadable'' rocket motors first classed as Division 1.4C or 1.4S
(NA0323 or NA0276) shipped with or without their igniters classed as
Division 1.4G or 1.4S under Sec.  173.56. Because SP 7887 was not
proposed for adoption in the NPRM, the SP is not being adopted in this
final rule.

G. Non-Bulk Packaging Specifications/IBCs

    IME supports the adoption of SP 12335, which authorizes
transportation in commerce of certain Division 1.1D and 1.4D detonating
cords without the ends being sealed in alternative packaging.
    SP 8230 authorizes the transportation in commerce of PG I and II
nitric acids in certain combination packagings by motor vehicle, rail
freight, cargo vessel and cargo-only aircraft. Specifically, ``Nitric
acid, other than red fuming, with more than 70% nitric acid'' and
``Nitric acid, other than red fuming, with not more than 70% nitric
acid'' is authorized to be transported in inner plastic bottles in
rigid foam plastic receptacles or plastic bags lined with absorbent
material in outer packagings. In its comments, UPS supports adoption of
SP 8230 in Sec.  173.158(j) as proposed.
    Section 173.158 provides general requirements and exceptions for
shipments and packagings of nitric acid. In the NPRM, we proposed to
establish a new paragraph (i) to authorize ``Nitric acid of up to 40%
concentration'' in a UN1H1 non-removable head plastic drums with
certain conditions as prescribed in SP 14213. In its comments, Mauser
questioned why SP 9722 was not also proposed for adoption as it is
identical to Greif's SP 14213. After additional review, we agree and in
this final rule are also adopting the provisions of SP 9722 into Sec.
173.158 accordingly.
    DGAC supports the adoption of SP 9610 with edits. However, the SP
was revised in November 2014 after review of the SPs as part of this
proceeding. We agree with the revisions made to the SP. Therefore, in
this final rule, we are revising new paragraph Sec.  173.29(f) to
address the DGAC edits and the 2014

revisions to the SP, specifically, to include fiberboard boxes as
authorized packagings for empty packagings containing the residue of
smokeless powders.
Comments Requesting Reconsideration
    IME and COSTHA firmly support that reconsideration should be given
to adopt SP 8451. This SP authorizes transportation in commerce of not
more than 25 grams of solid explosive or pyrotechnic material,
including waste-containing explosives that have an energy density not
significantly greater than that of pentaerythritol tetranitrate (PETN),
classed as Division 1.4E, when packed in a special shipping container.
Because SP 8451 was not proposed for adoption in the NPRM, the SP is
not being adopted in this final rule.
    IME firmly supports that reconsideration should be given to adopt
SP 10880. This SP authorizes the transportation in commerce of ammonium
nitrate-fuel oil mixture (ANFO), Division 1.5, in reusable, flexible
intermediate bulk containers (IBCs) type UN 13H3 or UN 13H4 conforming
to Subpart N and O of Part 178. Because SP 10880 was not proposed for
adoption in the NPRM, the SP is not being adopted in this final rule.
    IME and COSTHA firmly support that reconsideration should be given
to adopt SP 11156. This SP authorizes transportation in commerce of
NA0331, UN1942 and UN0331 in non-DOT specification multi-wall plastic-
lined paper bags. Because SP 11156 was not proposed for adoption in the
NPRM, the SP is not being adopted in this final rule.
    SP 11624 was not proposed for adoption in the NPRM. The SP is in
its fifteenth revision and has 114 grantees. The SP authorizes
transportation in commerce of certain waste Class 3 paint and paint
related material (UN1263; PG II and PG III) contained in metal or
plastic pails further packed in non-specification bulk packagings such
as cubic yard boxes, plastic rigid-wall bulk containers, dump trailers,
and roll-off containers. In their comments, Veolia, ACA, and DGAC
provided substantial justification why reconsideration should be given
to adopt SP 11624 into the HMR. Therefore, after revaluation, SP 11624
and three related packaging SPs (i.e., SP 13052, SP 14712, and 15235)
are adopted as new Sec.  172.102(c)(3), Special Provision B131.

V. Section-by-Section Review by Topic Area

A. Cylinders--General

Part 172
Section 172.102--Special Provisions
    Section 172.102(c) lists special provisions applicable to specific
entries in the Hazardous Materials Table (HMT). Special provisions may
contain packaging requirements, conditions or limitations, and
exceptions applicable to particular quantities or forms of hazardous
materials.
    In general, non-bulk packagings must be marked with an
identification number and proper shipping name and bear labels
communicating the hazard of the material contained in the package. SP
13544 authorizes the transportation in commerce of DOT Specification
4BA240 cylinders containing liquefied petroleum gas (LPG) and propane
and/or residue of LPG or propane without hazard warnings (i.e., hazard
communication) provided the materials are transported in a closed and
placarded transport vehicle. This SP supports the propane cylinder
exchange programs that accept expended cylinders in exchange for full
cylinders. Cylinders collected during the course of these programs may
not always bear the appropriate hazard markings and labels as required
by the HMR. SP 13544 prescribes certain operational controls to ensure
appropriate hazard communication, driver training, and appropriate
securement of the cylinder on the transport vehicle.
    In this final rule, PHMSA is adopting SP 13544 as proposed by
adding new Special Provision, ``N95'' to Sec.  172.102(c)(5) that
excepts cylinders containing UN1075, Liquefied petroleum gas and
UN1978, Propane from marking the identification number and proper
shipping name or bear hazard labels provided certain conditions are
met. Because we did not receive public comment on this amendment,
supportive or otherwise, it is adopted as proposed in the NPRM.
Section 172.400a
    Section 172.400a provides exceptions or alternatives to the HMR
labeling requirements under specific circumstances. One such
alternative permits the use of a neckring marking, under certain
conditions, in accordance with the Compressed Gas Association (CGA)
Pamphlet C-7, Guide to Preparation of Precautionary Labeling and
Marking of Compressed Gas Containers, Appendix A, 8th Edition (2004).
Section 172.400a permits the use of a CGA Pamphlet C-7 marking in lieu
of the required 100 mm x 100 mm square-on-point labels on a Dewar flask
meeting the requirements in Sec.  173.320 and on cylinders containing
Division 2.1, 2.2, and 2.3 materials that are not overpacked.
    SP 14251 authorizes the transportation of overpacked cylinders,
containing Class 2 materials, with CGA C-7 neckring markings provided
the overpack is labeled in accordance with Sec.  172.400. Additionally,
the CGA petitioned PHMSA (under petition P-1521) to allow cylinders to
display the neckring marking even when overpacked. The petition, if
adopted, would still require the overpack to display the 100 mm x 100
mm square-on-point labels in accordance with 49 CFR Part 172, Subpart
E. The marking prescribed in Appendix A to CGA Pamphlet C-7 provides
useful information in a clear and consistent manner and its widespread
use on cylinders over the course of several years has enhanced its
recognition. The adoption of SP 14251 and CGA's petition would provide
greater flexibility for shipments of cylinders while ensuring adequate
hazard communication. Therefore, PHMSA is revising as proposed Sec.
172.400a by authorizing the transportation of overpacked cylinders
marked in accordance with CGA Pamphlet C-7 provided the overpacks are
properly labeled.
Part 173
Section 173.181
    Section 173.181 prescribes authorized packagings for the
transportation of pyrophoric materials (liquids).
    SP 14419 authorizes the use of DOT Specification 3AL cylinders
constructed from aluminum alloy 6061-T6 for the transportation of
pyrophoric liquids provided: (1) The cylinders are constructed of 6061-
T6 aluminum; (2) have a minimum marked service pressure of 1800 psig;
(3) have a maximum water capacity of 49 liters; and (4) any preheating
or heating of the cylinders is limited to a maximum temperature of
175[emsp14][deg]F. In this final rule, PHMSA is revising Sec.
173.181(a) as proposed to permit the use of DOT Specification 3AL
cylinders constructed from aluminum alloy 6061-T6, with the same
specified conditions for the transport of pyrophoric materials.
Section 173.193
    Section 173.193(b) requires that ``Bromoacetone, Methyl bromide,
Chloropicrin and Methyl bromide mixtures, Chloropicrin and Methyl
chloride mixtures, and Chloropicrin

mixtures charged with non-flammable, non-liquefied compressed gas be
packaged in DOT Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or
4C cylinders having not over 113 kg (250 pounds) water capacity
(nominal).''
    SP 12301 authorizes the transportation in commerce of Chloropicrin
and Methyl bromide mixtures in DOT 4BW cylinders with water capacity
(nominal) not over 454 kg (1,000 pounds). In this final rule, PHMSA is
adopting as proposed the revisions to Sec.  173.193(b) that allow for
Chloropicrin and Methyl bromide mixtures to be packaged in DOT
specification 4BW cylinders with a water capacity of not over 454 kg
(1,000 pounds).
Section 173.301
    Section 173.301 prescribes the general requirements for the use of
cylinders including a list of authorized cylinders, general filling
requirements, valve protection, and pressure relief device
requirements. In the NPRM, we proposed revisions that would amend
certain pressure relief device requirements and permit the use of valve
caps made from a material other than metal as authorized under the
terms of three SPs.
    SP 13318 authorizes the transportation in commerce of DOT
Specification 39 cylinders of 75 cubic inches or less volume, without
the PRD in direct communication with the vapor space. PHMSA proposed to
amend paragraph (f)(2) to state that this provision does not apply to
cylinders of 75 cubic inches or less in volume filled with a Liquefied
petroleum gas, Methyl acetylene and Propadiene mixtures, stabilized,
Propylene, Propane or Butane. Because we did not receive public comment
on this amendment, supportive or otherwise, it is adopted as proposed
in the NPRM.
    SP 8074 provides an exception from the PRD requirements for a DOT
Specification 3E cylinder up to 12 inches long and 2 inches in diameter
when filled with the following gases and associated quantity limits:
Carbon dioxide, liquefied 0.24L (8 oz.), Ethane 0.12L (4 oz.), Ethylene
(4 oz.), Hydrogen chloride, anhydrous 0.24L (8 oz.), Nitrous oxide
0.24L (8 oz.), Vinyl fluoride, stabilized 0.24L (8 oz.) and
Monochlorotrifluoromethane 0.35L (12 oz.). In the NPRM, PHMSA proposed
to create an additional exception to PRD requirements for DOT-3E
cylinders under limited circumstances in new paragraph Sec.
173.301(f)(7). Because we did not receive public comment on this
amendment, supportive or otherwise, it is adopted as proposed in the
NPRM.
    SP 12782 authorizes plastic valve protection caps for certain
Division 2.1, 2.2, and 2.3 materials when the valve protection is
sufficient to prevent leakage when the cylinder, with the valve
installed, is dropped from 2.0 m (7 ft) or more onto a non-yielding
floor, impacting the valve assembly or cap at the orientation most
likely to cause damage. The HMR require that each cylinder with a valve
must have a protective metal cap, other valve protection device, or an
overpack which is sufficient to protect the valve from damage during
transportation. In the NPRM, PHMSA proposed to amend Sec. Sec.
173.40(d) and 173.301(h) to allow for the new valve protection
standard, including the valve cap, to be made from plastic as
authorized in SP 12782. Because we did not receive public comment on
this amendment, supportive or otherwise, it is adopted as proposed in
the NPRM.
Section 173.302a
    Sections 173.302, 173.302a, 173.304 and 173.304a prescribe
additional requirements for the transport of non-liquefied (permanent)
and liquefied compressed gases in DOT specification cylinders. These
requirements include authorized cylinders and filling limits. Section
173.302a(b) states that a DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinder may
be filled with a compressed gas, other than a liquefied, dissolved,
Division 2.1, or Division 2.3 gas, to a pressure 10% in excess of its
marked service pressure, subject to certain criteria.
    SP 6530 authorizes the transport in commerce of hydrogen and
mixtures of hydrogen with helium, argon, or nitrogen, in certain
cylinders filled to 10% in excess of their marked service pressure. In
the NPRM, PHMSA proposed to add a new paragraph (c) to include this
exception and to redesignate the other paragraphs in this section to
reflect this addition. Because we did not receive public comment on
this amendment, supportive or otherwise, it is adopted as proposed in
the NPRM with the exception of an editorial correction. In the NPRM,
paragraph (c)(3)(ii) stated that cylinders manufactured with chrome
moly steel must have been normalized. The paragraph has been corrected
to state that the steel must have been quenched and tempered, not
normalized. In addition the paragraph (c)(4) the term safety relief
devices has been corrected to pressure relief devices for consistency
with current regulations.
Section 173.304a
    In Sec.  173.304a(a)(2), a table provides the maximum filling
densities and permissible cylinder types for certain named gases.
Currently, Sec.  173.304a(a)(2) permits a maximum filling density of
68% for carbon dioxide and nitrous oxide in DOT 3, DOT 3HT2000 and DOT
39 cylinders, and DOT 3A, 3AA, 3AX, 3AAX, 3E, 3T, and 3AL cylinders
with a marked service pressure of 1800 psi.
    SP 13599 authorizes additional maximum filling densities for carbon
dioxide and nitrous oxide to include 70.3%, 73.2%, and 74.5%
respectively in DOT 3A, 3AA, 3AX, 3AAX, 3AL, and 3T cylinders with
marked service pressures of 2000, 2265, and 2400 psig, subject to
operational controls. Air Products and Chemicals Inc. (Air Products)
submitted a petition for rulemaking (P-1560) requesting PHMSA revise
Sec.  173.304a(a)(2) to adopt the provisions of SP 13599. In the NPRM,
PHMSA proposed to modify the entries currently in the table in Sec.
173.304a(a)(2) to add additional filling densities for carbon dioxide
and nitrous oxide. Because we did not receive public comment on this
amendment, supportive or otherwise, it is adopted as proposed in the
NPRM.
Part 180, Subpart C
Qualification, Maintenance and Use of Cylinders
    The HMR prescribe requirements for the continuing qualification,
maintenance, and periodic requalification of DOT specification
cylinders, DOT SP cylinders, and UN pressure receptacles. These
requirements ensure that cylinders conform to the appropriate
specification and compromised cylinders are not filled with hazardous
materials. The discussion of the proposed amendments includes a
section-by-section review of the current requirements, and a brief
discussion of SPs considered for adoption and proposed amendments.
Section 180.209
    Paragraph (e) of Sec.  180.209 authorizes a proof pressure test in
lieu of the volumetric expansion test for 4B, 4BA, 4BW, or 4E cylinders
protected with a corrosion resistant coating and used exclusively for
the gases specified in that paragraph.
    SP 12084 expands the list of authorized gases in paragraph (e).
These gases include refrigerated and liquefied gases similar to those
already permitted by Sec.  180.209(e). In the NPRM, PHMSA proposed to
adopt the provisions in SP 12084 by removing the list of authorized

gases and authorizing the use of the proof pressure test for DOT-4B,
4BA, 4BW, or 4E cylinders protected externally by a suitable corrosion
resistant coating and used exclusively for non-corrosive gases. The
authorized specifications limit the total pressure in the cylinder to
500 psi or less. Because we did not receive public comment on this
amendment, supportive or otherwise, it is adopted as proposed in the
NPRM.
Section 180.213
    Cylinders requalified in accordance with the HMR must bear
requalification markings in accordance with Sec.  180.213. As provided
in Sec.  180.213(c), ``The depth of requalification markings may not be
greater than specified in the applicable specification. The markings
must be made by stamping, engraving, scribing or other method that
produces a legible, durable mark.''
    SP 14937 allows the use of a label embedded in epoxy in lieu of
other methods prescribed in Sec.  180.213. In the NPRM, PHMSA proposed
to amend paragraph (c) to allow the use of a label embedded in epoxy in
lieu of stamping provided the marking is legible and durable. Because
we did not receive public comment on this amendment, supportive or
otherwise, it is adopted as proposed in the NPRM.

B. Cylinders--Non-Destructive Testing/Aerosols

Part 173
Section 173.304
    Section 173.304 prescribes requirements for the filling of
cylinders with liquefied compressed gases. Paragraph (d) of this
section provides for authorized containers for the filling of cylinders
with refrigerant and dispersant gases. Current regulations authorize
these gases in DOT 2Q non-refillable metal containers.
    SP 12573 authorizes a refrigerant gas R 134a, (UN3159), in a non-
DOT specification container similar to a DOT 2Q container with a
maximum allowable pressure for the contents of 198 psig at 54.4 [deg]C
(130[emsp14][deg]F). In the NPRM, we differed marginally from the SP
and proposed to adopt a maximum pressure threshold of 200 psig at 55
[deg]C (131[emsp14][deg]F) for the container's contents. We indicated
there was no safety basis for the 200 psig ceiling other than we
believed it was a cleaner cutoff point than the 198 psig maximum found
in the SP. In addition, as part of the variation on the design of a DOT
2Q container, we proposed the modified container would be marked as a
``DOT 2Q1.''
    Current regulations require that the pressure of the contents of
the metal containers not exceed 87 psig at 21 [deg]C
(70[emsp14][deg]F). In the NPRM, we invited comment on whether the
requirement for a maximum pressure should be specified at 21 [deg]C
(70[emsp14][deg]F) for the 2Q1 container in addition to the limit at 55
[deg]C (131[emsp14][deg]F). If so, we invited comment on what the upper
limit should be for a typical refrigerant or dispersant gas such as
1,1,1,2 Tetrafluoroethane, R134a.
    In its comments, DSC suggests a single requirement of 210 psig at
55 [deg]C (131[emsp14][deg]F). It also suggests that such arbitrary
actions if adopted could increase the number of SP applications
submitted as a result. PHMSA recognizes the commenters concerns,
however, changing the reference temperature for the refrigerant gases
to 54.4 [deg]C (130[emsp14][deg]F) would make section 173.304(d)
inconsistent with the other sections for filling of gases. As noted in
the NPRM, PHMSA sought to have consistency where some sections referred
to 54.4 [deg]C (130[emsp14][deg]F) and some to 55 [deg]C
(131[emsp14][deg]F). In order to address the commenters concerns, PHMSA
is raising the proposed maximum pressure authorized in the new DOT 2Q1
container to 210 psig at 55[deg]C (131[emsp14][deg]F) as authorized in
Sec. Sec.  173.304 and 173.306. The burst pressure of the DOT 2Q1 will
have to be slightly raised accordingly to provide for the same safety
factor. This will be discussed in a later section. See the associated
discussion in the comments received from Dow earlier in this preamble.
Section 173.306
    Section 173.306 prescribes the general requirements and exceptions
for limited quantities of compressed gases. In the NPRM, we proposed
numerous changes to this section. The proposed changes and resolutions
are discussed in the following.
Conforming Revisions
    Throughout Sec.  173.306 of the HMR and within related SPs that
provide exemptions from these regulations for gases, pressure standards
are indicated at either 130[emsp14][deg]F or 131[emsp14][deg]F. In the
interest of consistency and conformity with the general requirements
for compressed gases in Sec.  173.301 and 173.301a, in the NPRM we
proposed to change all references of 54.4 [deg]C (130[emsp14][deg]F) to
55 [deg]C (131[emsp14][deg]F). We invited comment on whether there
would be any negative impacts in making this conforming change. We also
proposed making revisions to the construction and formatting of how
this section is presented (e.g., insertion of an ``if, then'' table) in
an effort to make the requirements more reader-friendly.
Authorized Metal Containers
DOT 2P Inner Nonrefillable Metal Containers
    Under Sec.  173.306, limited quantities of foodstuffs or soaps with
soluble or emulsified compressed gas are authorized in nonrefillable
metal or plastic containers. The paragraph (b)(1) introductory text
authorizes these containers subject to a pressure not to exceed 140
psig at 54.4 [deg]C (130[emsp14][deg]F). SP 13601 and SP 14503
authorize the transportation of ``UN1950, Aerosols, non-flammable (each
not exceeding 1 L capacity), 2.2,'' and SP 7951 authorizes the
transportation of ``UN1956, Compressed gas, n.o.s., 2.2,'' in
containers that otherwise conform to DOT 2P or DOT 2Q specifications
with some modifications. Under the terms of SP 13601, the containers
must have a maximum pressure for the contents not to exceed 160 psig at
54.4 [deg]C (130[emsp14][deg]F) and, for SP 7951 and SP 14503, the
containers must have a maximum pressure for the contents not to exceed
150 psig at 23.9 [deg]C (75[emsp14][deg]F) and must be transported in a
refrigerated state.
    In the NPRM, we requested comments on whether refrigeration should
be a condition of transport of these foodstuffs under pressure. In
their comments, DSC and CSPA both recommend that PHMSA continue to
require refrigeration as a condition of transport of these foodstuffs
under pressure. See the comment summary section for a more detailed
discussion of this issue. Because at least one of the special permits
to be incorporated (SP 13601) does not explicitly require
refrigeration, this requirement will not be adopted. Note that the
additional limit of 150 psig at 23.9 [deg]C (75[emsp14][deg]F) is
required. The shipper may use refrigeration if needed to achieve this
pressure. As part of the variation of the DOT 2P containers, the
modified containers are to be marked as ``DOT 2P1'' under the
provisions of new Sec.  178.33c discussed separately in this
rulemaking.
    We also proposed in the NPRM to include the specification DOT 2P1
as an authorized metal aerosol container under Sec.  173.306(a)(3)(ii).
We saw no reason to limit the container to foodstuffs or soaps under
paragraph (b)(1) because the pressure limit for the contents is the
same as the current requirement for a standard DOT 2P container.
Lastly, we proposed that the DOT 2P1 would be authorized for both
Division 2.1 (flammable) and 2.2 (non-flammable) aerosols under

Sec.  173.306(a)(3)(ii). PHMSA received negative comments on the use of
the DOT 2P1 container for flammable gases. Because there has been no
experience with this type of container equipped with a pressure relief
device in flammable gas service, we will not adopt the 2P1 for any
materials other than those authorized in the special permits
incorporated at this time.
DOT 2Q Inner Nonrefillable Metal Containers
    Under Sec.  173.306, limited quantities of compressed gas are
authorized in metal aerosol containers as defined in Sec.  171.8 of the
HMR. Paragraph (a)(3) introductory text of this section authorizes
metal aerosol containers under certain conditions to include packaging
types and pressure thresholds. Section 173.306(a)(3)(ii) currently
requires the use of a DOT 2Q container for pressures exceeding 160 psig
at 54.4 [deg]C (130[emsp14][deg]F) but not to exceed 180 psig. Except
for some modifications, SP 12573 authorizes the packaging of UN1950,
Aerosols, non-flammable, in non-DOT specification containers that
otherwise conform to the DOT 2Q specification with a maximum pressure
of 198 psig at 54.4 [deg]C (130[emsp14][deg]F).
    In the NPRM, we proposed to adopt the modified DOT 2Q as an
authorized metal aerosol container. We differed marginally from the SP
in that we proposed to adopt a maximum pressure threshold of 200 psig
at 55 [deg]C (131[emsp14][deg]F). We stated that there was no safety
basis for the 200 psig ceiling other than we believed it was a cleaner
cutoff point than the 198 psig maximum found in the SP. Additionally,
we sought to provide consistency by using a reference temperature of 55
[deg]C (131[emsp14][deg]F). PHMSA received comments about the negative
impact of raising the reference temperature from 54.4 [deg]C
(130[emsp14][deg]F) to 55 [deg]C (131[emsp14][deg]F) particularly for
shippers of R134a which has a pressure of 198 psig at 54.4 [deg]C
(130[emsp14][deg]F). The commenters further stated that the pressure of
R134a at 55 [deg]C (131[emsp14][deg]F) is 202 psig and that a pressure
of 210 psig should be adopted. Consequently, in this final rule, PHMSA
will adopt a pressure of 210 psig at 55 [deg]C (131[emsp14][deg]F) in
order to allow for small variations; however, the reference temperature
will remain at 54.4 [deg]C (130[emsp14][deg]F). As part of the
variation of the specification of a DOT 2Q container, we stated the
modified container will be marked as ``DOT 2Q1.''
    In the NPRM, the proposed design burst pressure of the DOT 2Q1 was
300 psig. Because the fill pressure of the DOT 2Q1 will be 210 psig at
55 [deg]C (131 [deg]F), PHMSA will raise the design burst pressure to
320 psig in this final rule. The pressure of 320 psig is consistent
with the minimum design burst pressure in SP 12573.
    The NPRM also proposed to expand authorized materials to include
Division 2.1 aerosols for the DOT 2Q1 specification. At that time, we
saw no reason to limit the use of this container to non-flammable
aerosols based on its record of use and that DOT 2Q containers
currently authorized in the HMR are authorized to be used for all
aerosol types. We also invited comment on the suitability of the
container for all aerosol types. See the associated comment summary
discussions for Sec. Sec.  173.304 and 178.33d. PHMSA received mixed
comments on the use of the DOT 2Q1 container for flammable gases.
Because there has been no experience with this type of container
equipped with a pressure relief device in flammable gas service, we
will not adopt the DOT 2Q1 for any materials other than those
authorized in the special permits incorporated at this time.
    SP 13581 is linked to the above proposed provision in that it
authorizes the use of metal aerosol containers manufactured, tested,
and marked according to SP 12573. We believe this SP will no longer be
needed with the adoption of the modified DOT 2Q container (i.e., a DOT
2Q1 container).
Alternatives to Testing of Metal Aerosol Containers by a Hot Water Bath
Test
    As a condition of the use of a metal aerosol container used for
certain commodities, each container, after being filled, must be
subjected to a hot water bath to raise the internal pressure to such a
degree that leakage or permanent deformation, if any, can be determined
[see Sec.  173.306(a)(3)(v)]. The provision also provides for a testing
protocol for a container where the contents may be sensitive to heat.
Currently, this is the only method authorized for determining leakage
or permanent deformation. Thus, fillers that have developed other
testing protocols or do not want to subject their products to a hot
water bath test, must obtain a SP to do so. A number of SPs that
authorize the use of alternative methods to determine leakage or
permanent deformation are discussed as follows:
    (1) Alternate hot water bath test. SP 12995 authorizes a
methodology that is a combination of a hot water bath test, a weight
test, and visual inspection. Rather than subjecting each filled
container to a hot water bath test, only one container out of each lot
is subjected to the hot water bath test, a second is subjected to a
weight test, the results of which must be compared to weight
specification for the container as outlined in quality control
procedures, and finally, the remainder of the lot must be visually
inspected by examining the valve, crimp, and seam areas for evidence of
leakage.
    In the NPRM, we proposed to adopt SP 12995. The permit authorizes
only DOT 2Q containers but we are applying it to all authorized metal
aerosol containers. While determining if SP 12995 was suitable for
inclusion in this rulemaking, PHMSA's technical evaluators confirmed
that the methodology that includes a combination of hot water bath
test, weight test, and visual inspection may be performed on a DOT 2P
as well as a DOT 2Q. Since these containers are similar designs except
in terms of strength, this alternative to the hot water bath test is
applicable to any metal container. Previously, most applicants of SP
12995 only requested 2Q because that is what they needed for their
particular hazmat, but that does not mean that alternative testing is
not acceptable for similar containers. Additionally, the permit applies
to specific filling conditions but we will apply this testing method to
containers complying with the current filling conditions in Sec.
173.306(a)(3). Finally, we vary from the permit with our proposed
language in that we require maintenance and access to operating
procedures especially with regard to the weight test and specification
in order to effect a broader application of this alternative. Rather
than specify standards, we will allow persons to develop their own
procedures that best fit their product on the condition that DOT has
access to these procedures. Commenters were very supportive of our
proposals to adopt such testing alternatives and, in this final rule,
we are codifying them as proposed.
    (2) Automated in-line pressure test. SPs 14429, 14623, 14625,
14627, 14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427,
and 15972 all authorize the use of an automated process to check the
pressure of filled containers (i.e., an ``automated in-line pressure
check'') instead of subjecting the containers to a hot water bath. In
this final rule, we are adopting the provisions of these SPs as
proposed that authorize the use of an automated process for pressure
checks that does not involve a hot water bath.
    (3) Weight test. SP 14440 authorizes the use of a process to check
the weight of filled containers (i.e., an ``automated in-line pressure
check'') instead of subjecting the containers to a hot water bath. In
this final rule, we are adopting the provisions of the SP as proposed
to

authorize the use of weight checks as a means to determine compliance
with pressure requirements.
    (4) Leakage test. SP 14544 authorizes the use of a high pressure
air test on empty containers combined with a leakage test for filled
containers instead of subjecting the containers to a hot water bath.
The testing protocol for filled containers found in this SP is
currently applied to plastic containers under paragraph (a)(5) of this
section in the HMR, however, the pressure and leakage test of the empty
containers differs in its application. Under SP 14544, each empty
container must be pressure tested at 120 psig instead of the HMR
requirement that each empty container must be subjected to a pressure
equal to or in excess of the maximum expected in the filled containers
at 55 [deg]C (131 [deg]F), and that is at least two-thirds of the
design pressure of the container. Under both tests, if there is
evidence of leakage, the container must be rejected. In this final
rule, we are adopting the provisions of the SP as proposed to authorize
the use of a leakage test as a means to determine compliance with
pressure requirements. Our implementation differs from the SP in that
we are adopting the leakage testing requirements under Sec.
173.306(a)(5)(v), but including the SP 14544 testing protocol for empty
containers as an alternative.
Accumulators
    The HMR provide special considerations for compressed gases in
accumulators. SP 8786 authorizes the transport of accumulators under an
alternative testing procedure than what is prescribed in paragraphs
(f)(2) and (f)(3) of this section. Rather than testing each accumulator
to three times (3x) the charge pressure, the SP provides for conditions
to test one accumulator out of each lot of 1,000 to the burst design
pressure, and two accumulators to two and a half times (2.5x) the
charge pressure. In the NPRM, we proposed to adopt most of SP 8786 into
Sec.  173.306. Because we did not receive public comment on this
amendment, supportive or otherwise, it is adopted as proposed in the
NPRM.
Aerosol Disposal
    The general packaging requirements of the HMR forbid the transport
of leaking or improperly-filled packages. This includes aerosol
containers that are found to be leaking or improperly filled as part of
a combination packaging. SP 11296 provides an option to transport these
containers to an offsite facility for disposal under certain conditions
(e.g., overpacking in DOT specification packagings, modal restrictions,
etc.). In the NPRM, we proposed to adopt the general scope of SP 11296
with some differences. We proposed to also permit non-flammable
aerosols. Further, the proposed regulatory language was modeled after
the salvage packaging requirements of Sec.  173.3(c) in that: (1) The
authorized outer packaging for overpacking the defective cylinders has
been expanded to include other metal drums (i.e., 1B2 and 1N2); (2) a
condition for cushioning and absorbent material, when necessary, has
been added; and (3) an ``aerosol salvage'' drum marking has been
adopted. Commenters were very supportive of our proposals to adopt such
provisions for aerosol disposal and, in this final rule, we are
codifying them as proposed.
Part 178
Section 178.33c
    Under the HMR, certain DOT specification containers with restricted
capacity and commonly referred to as ``aerosol containers'' are
authorized for the transportation of compressed and liquefied
compressed gases under certain scenarios. These containers include DOT
2P (inner non-refillable metal) containers. The specification standards
are prescribed in Sec.  178.33 of the HMR and do not provide for
variations of those standards. Thus, technological advances or design
modifications to satisfy customer needs are such that the resulting
metal containers would not conform to the standards for a DOT 2P
container, nor any other container authorized under Sec. Sec.  173.304
or 173.306 of the HMR. SPs 13601 and 14503 (also 7951) provide for a
variation of the DOT 2P container specifications by authorizing
construction of the container according to modifications of the
standards for manufacture and testing.
    The special permits authorized variations of a DOT 2P container
that are equipped with some manner of pressure relief system (e.g., a
rim-vent release device or a dome expansion device). The rim vent
release devices must function within a certain pressure range,
otherwise the container is rejected. The dome expansion devices are
designed to buckle to relieve pressure before bursting. For example,
for a container built to SP 13601, the pressure relief system must
function between 175 psig and 210 psig or be rejected.
    In the NPRM, we stated that we have no specific information in the
SP(s) on the relationship between the functional range and the tested
burst pressure. The current minimum burst pressure for a DOT 2P
container is 240 psig (Sec.  178.33-8). Using the SP 13601 construction
requirements, the minimum burst pressure is indicated as 270 psig
(assumed at 130 [deg]F) and pressure of the contents at 130 [deg]F may
not exceed 160 psig thus, equating to approximately 1.7x the contents
at 130 [deg]F without bursting (which is more stringent than for a DOT
2P under the HMR). Thus, the upper pressure range of the relief system
is 77.8% of the design burst pressure of 270 psig.
    This is further complicated under SP 14503 (and 7951) where the
standard for the pressure of the contents is set at 23.9 [deg]C (75
[deg]F) for which we do not have an equivalent requirement under the
HMR. Additionally, the ranges for functioning of the relief systems
have a higher upper bound, 175 psig to 250 psig and 175 psig to 235
psig, respectively. Lastly, there is no minimum burst pressure
specified in SP 14503 (and 7951); therefore, we must default to the DOT
2P minimum burst pressure of 240 psig. Again, the circumstances are
unclear in that the upper bounds for the functional ranges approach or
exceed the DOT 2P minimum burst pressure yet we do not have information
on the actual tested burst pressure which could be much larger.
Therefore, based on the requirements of SP 13601, we proposed to
implement a requirement that for containers with pressure relief
systems, the upper bound of the functional range for a pressure relief
system must be no greater than 85% of the minimum burst pressure. In
the NPRM, we proposed to incorporate the standards for the modified DOT
2P container described in SP 13601 (and likely 14503 (7951)) as a
variation of the DOT 2P container design. As adopted in this final
rule, the variation is required to be marked as a ``DOT 2P1.'' All
standards for a DOT 2P1 remain the same as those for a DOT 2P except
for the variations prescribed in new Sec.  178.33c-2.
    Commenters expressed concerns about imposing pressure limits on the
range of the pressure relief systems although there are various
pressure limits in each special permit that incorporates a rim vent
release type of device in the container design. The commenters state
that the actual activation range of the pressure relief system design
is not as important to safety as that the system must function before
the container bursts. We agree with the commenters. In the testing
requirement of DOT 2P1, the performance standard is that the containers
must fail at the location of the pressure relief system or the lot will
be rejected. PHMSA believes that incorporating the DOT 2P1 without a

specific functional range or limit for a rim vent release system will
make the container specification more suitable for incorporation into
the HMR because of broader applications rather than prescriptive
regulatory text based on specific special permits. In this final rule,
PHMSA will incorporate the requirements for the end expansion devices
as proposed. The containers with an end expansion device must buckle
prior to burst.
Section 178.33d
    Under the HMR, certain DOT specification containers with restricted
capacity and commonly referred to as ``aerosol containers'' are
authorized for the transportation of compressed and liquefied
compressed gases under certain scenarios. These containers include DOT
2Q (inner non-refillable metal) containers. Though the DOT 2Q
specification is prescribed in Sec.  178.33a of the HMR, it does not
provide for variations of those standards. Thus, technological advances
or design changes to satisfy customer needs are such that the resulting
metal containers would not conform to the standards of a DOT 2Q
container, nor any other container authorized under either Sec. Sec.
173.304 or 173.306 of the HMR. SP 12573 provides for a variation of the
DOT 2Q container specifications by authorizing construction of the
container according to modifications to the standards for type and
size, manufacture, wall thickness, and testing. SP 14503 also provides
for a variation of the DOT 2Q container specification by authorizing
construction of the container according to modifications to its
manufacture and testing criteria.
    Variations provided in the SPs for DOT 2Q containers require that
they are equipped with some type of pressure relief system (e.g., a
rim-vent release device or a dome expansion device), that must function
by a certain threshold level or within a certain pressure range,
otherwise the container is rejected. In effect, these containers are
designed to buckle to relieve pressure before bursting. For example,
for a container built to SP 12573, the minimum pressure before the
system buckles is 220 psig (and if not equipped with a pressure relief
system, the container may not burst below 320 psig). The maximum
pressure of the contents authorized under this SP is 198 psig at 54.4
[deg]C (130 [deg]F) (in the NPRM, we proposed a maximum pressure of 200
psig based on this SP in the Sec.  173.306 discussion for DOT 2Q
containers). After reviewing comments to the NPRM, we will adopt a
maximum pressure of 210 psig at 55 [deg]C (131 [deg]F) in this final
rule. The current requirements for a DOT 2Q container under Sec.
173.306(a)(3)(ii) is that the pressure of the contents cannot exceed
180 psig at 54.4 [deg]C (130 [deg]F) and the container must be capable
of withstanding a pressure of 1.5x the contents at 54.4 [deg]C (130
[deg]F) without bursting. Applying the same multiplier to 210 psig, the
container must withstand at least 305 psig without bursting. The SP
12573 minimum burst pressure of 320 psig is more than the current
required minimum burst pressure of 270 psig for a DOT 2Q container;
however, it provides approximately the same safety factor of 1.52. In
this final rule, we are adopting as proposed the standards for the
modified DOT 2Q container found in SP 12573 as a variation of the DOT
2Q container design. This variation is required to be marked ``DOT
2Q1.''
    The requirements under SP 14503 operate differently in that the
standard for the pressure of the contents is set at 23.9 [deg]C (75
[deg]F) to which we do not have an equivalent requirement under the
HMR. Additionally, the SP provides for a range of pressure for
functioning of the relief systems, specifically, 180 to 300 psig.
Lastly, there is no minimum burst pressure specified in SP 14503 so we
must default to the DOT 2Q minimum burst pressure of 270 psig. The
upper bound for the functional range exceeds the 2Q minimum burst
pressure yet we do not have information on the actual tested burst
pressure which could be much larger. Therefore, based on a similar
proposal to implement provisions of SP 13601 for 2P containers (see
Sec.  178.33c preamble discussion), the upper bound of the functional
range for a pressure relief system must be no greater than 80% of the
test pressure. In the NPRM, we invited comment on using this approach
and whether it would be preferable to implement a requirement for the
upper bound of the range based on the pressure of the contents.
    Commenters did not respond specifically to the question of
functional range for the DOT 2Q1 or 2Q2; however, they expressed
concerns about imposing pressure limits on the range of the pressure
relief systems of the DOT 2P1 which incorporates a similar pressure
relief system design. The commenters state that the actual activation
range of the pressure relief system design is not as important to
safety as that the system must function before the container bursts. We
agree with the commenter. We are imposing the same testing requirement
as that for the DOT 2P1 in that the containers must fail at the
location of the pressure relief system or the lot will be rejected. The
containers with an end expansion device must buckle prior to burst.
    In this final rule, we are adopting as proposed the standards for
the modified DOT 2Q container described in SP 14503 as a variation on
the DOT 2Q container design. This variation is required to be marked as
a ``DOT 2Q2.'' Further, the pressure relief device requirements for the
DOT 2Q2 will be the same as that for the DOT 2P1 and 2Q1.

C. Cargo Tanks/Rail Cars/Portable Tanks

Part 173
Section 173.315
    Section 173.315 prescribes bulk packaging provisions for liquefied
compressed gases in UN and DOT specification cargo tanks and portable
tanks.
    SP 12576 authorizes non-DOT specification cargo tanks for the
transportation of ``UN1080, Sulfur hexafluoride'' that otherwise
conform to the MC 331 specifications except for design pressure,
capacity, and marking. In the NPRM, we proposed to revise the Sec.
173.315(a)(2) table by referring to a new note 28 in the entry for
``Division 2.2, materials not specifically provided for in this table''
as Sulfur hexafluoride is not listed by name in the table. New note 28
codifies such tanks specified in SP 12576 for the transportation of
sulfur hexafluoride. Because we did not receive public comment on this
amendment, supportive or otherwise, it is adopted as proposed in the
NPRM.
Section 173.319
    Section 173.319 prescribes the loading and packaging provisions for
cryogenic liquids transported in rail tank cars.
    SP 12039 authorizes the transportation in commerce of DOT 113C120W
rail tank cars containing ``UN1038, Ethylene, refrigerated liquid,'' at
an internal pressure of 20 psig instead of the maximum 10 psig.
Currently, the HMR authorizes a maximum of 10 psig in a DOT 113C120W
rail tank car containing cryogenic ethylene when offered for
transportation by rail. Because we did not receive public comment on
this amendment, supportive or otherwise, it is adopted as proposed in
the NPRM.

D. Operational Air/Vessel

Part 176
Section 176.90
    Section 176.90 prescribes requirements for private automobiles

carrying Class 1 hazardous materials on board ferry vessels. There are
four SPs that provide relief for ferry transport of private automobiles
carrying engines, gasoline, and propane. SP 7465, 11150, 13213, and
14458 all contain slightly different provisions to facilitate this
process safely. Where differences exist between these permits, PHMSA
has attempted to choose the least restrictive provision for adoption.
    In the NPRM, PHMSA proposed to renumber the existing paragraph in
Sec.  176.90 as paragraph (a), and add a new paragraph (b) to adopt an
exception for ``UN3166, Engines, internal combustion, flammable gas
powered or flammable liquid powered, including when fitted in machinery
or vehicles (i.e. motor vehicles, recreational vehicles, campers,
trailers), vehicle flammable liquid or flammable gas powered, gasoline,
and petroleum gases, liquefied or liquefied petroleum gas'' when
included as part of a motor home, recreational vehicle, camper, or
trailer and carried aboard ferry vessels subject to certain operational
controls. Because we did not receive public comment on this amendment,
supportive or otherwise, it is adopted as proposed in the NPRM.
Section 176.800
    Section 176.800 of the HMR prescribes general vessel stowage
requirements for corrosive materials.
    SP 11691 authorizes transportation in commerce of certain flammable
and corrosive liquids, which are the ingredients of soft drinks
(beverages), not subject to the segregation requirements for vessel
stowage when shipped in the same transport unit. In the NPRM, we
proposed to add a new special provision, W11, to Sec.  172.102,
regarding vessel segregation of corrosive and combustible materials and
foodstuffs. Based on comments from PCSD, proposed Special provision W11
is being replaced by revising paragraph (a) of Sec.  176.800 to allow
Class 8 (corrosive) materials that are also foodstuffs or foodstuff
ingredients intended for human consumption to not be considered
incompatible for segregation purposes.

E. Operational Highway/Rail/Shipper/Other

Part 171
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability.
    In the NPRM, PHMSA proposed to add the following definition based
on the adoption of SP 11458:
    Display pack means a package intended to be placed at retail
locations which provide direct customer access to consumer commodities
contained within the package when all or part of the outer fiberboard
packaging is removed.
    SP 11458 authorizes the transportation in commerce of display packs
of consumer commodity packages or limited quantity packages that exceed
the 30 kg gross weight limit. The provisions of SP 11458 were proposed
for adoption into Sec.  173.156. However, the term ``display pack'' is
not currently defined in the HMR. In the NPRM we proposed to adopt the
definition of ``display pack'' in Sec.  171.8 based upon its definition
in SP 11458. Commenters were very supportive of our proposal to adopt a
definition of display packs in Sec.  171.8 and, in this final rule, we
are codifying it as proposed.
Part 172
Sections 172.101 (Hazardous Materials Table) and 172.102 Special
Provisions
    Section 172.101 provides instructions for using the Hazardous
Materials Table (HMT) and the HMT itself. Column 7 of the HMT provides
codes for special provisions applicable to specific hazardous materials
descriptions. Special provisions may contain unique packaging
requirements, prohibitions, and exceptions applicable to particular
quantities or forms of hazardous materials. When Column 7 of the HMT
refers to a special provision, the requirements of that special
provision are as set forth in Sec.  172.102. In the NPRM, PHMSA
proposed the following revisions to Sec.  172.102:
Special Provision 380
    SP 10705 provides relief from the segregation requirements of Sec.
177.848(d) for the transport of ``UN1092, Acrolein, stabilized,'' by
private carrier in a motor vehicle. In the NPRM, PHMSA proposed to add
Special Provision 380 to Sec.  172.102(c)(1) to codify SP 10705. The SP
prescribes the packaging that must be used and the materials in which
it may be loaded. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed.
Special Provision 381
    SP 7991 provides relief from the HMR for the transportation of
railroad flagging kits by highway. See Sec.  173.184 for a detailed
discussion of the adoption of SP 7991. In the NPRM, PHMSA proposed to
add Special Provision 381 to Sec.  172.102(c)(1) to codify SP 7991. As
adopted in this final rule, Special Provision 381 will be assigned to
the following HMT entries: Fusee (rail or highway) (NA1325, Division
4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG II);
Signal Devices, hand (UN0373, Division 1.4S, PG II); Signal Devices,
hand (UN0191, Division 1.4G, PG II); and Signals, railway track,
explosive (UN0193, Division 1.4S, PG II). Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
Special Provision 382
    SP 8006 provides relief from the labeling requirements of Sec.
172.400(a) for the transportation of toy plastic or paper caps for toy
pistols by motor vehicle, railcar, cargo vessel, and cargo aircraft.
See Sec.  172.400a(a)(8) for a detailed discussion of the adoption of
SP 8006. In the NPRM, PHMSA proposed to add Special Provision 382 to
Sec.  172.102(c)(1) to codify SP 8006. Special Provision 382 will be
assigned to the following HMT entries: Articles, explosive, n.o.s.
(UN0349) and Toy caps (NA0337). Because we did not receive public
comment on the proposal, adverse or otherwise, in this final rule, we
are adopting the amendment as proposed.
Special Provision 383
    SP 11356 authorizes material meeting the conditions for high
viscosity flammable liquids specified in Sec.  173.121(b)(1)(i),
(b)(1)(ii), and (b)(1)(iv), to be re-classed to Packing Group III for
transportation by motor vehicle. In the NPRM, PHMSA proposed to add
Special Provision 383 to Sec.  172.102(c)(1) to codify SP 11356. The SP
prescribes packaging, capacity limitations, and load securement
requirements. Special Provision 383 will be assigned to the following
HMT entries: Coating solution (UN1139, PG II) and Paint (and Paint
related material) (UN1263, PG II). Because we did not receive public
comment on the proposal, adverse or otherwise, in this final rule, we
are adopting the amendment as proposed.
Special Provision 384
    SP 11666 authorizes the transportation of green graphite electrodes
and shapes that are large single component solid objects not subject to
sifting, in open rail flat cars, open bed motor vehicles, and
intermodal containers. In the NPRM, PHMSA proposed to add Special
Provision 384 to Sec.  172.102(c)(1) to codify SP 11666. The SP
prescribes load securement requirements for the electrodes and shapes.
Further, the SP permits stacking two or more levels high

to achieve maximum allowable utilization of the designated vehicle,
rail car weight, or intermodal freight container weight or vessel hold
volume. Special Provision 384 will be assigned to the following HMT
entries: Other regulated substances, n.o.s. (NA3077, PG III) and
Environmentally hazardous substances, solid, n.o.s. (UN3077, PG III).
In this final rule, we are adopting the amendments as proposed with
minor editorial clarifications.
Special Provision 385
    SP 13343 authorizes the use of cargo heaters when weather
conditions are such that the freezing of certain wetted explosive
material is likely. In the NPRM, PHMSA proposed to add Special
Provision 385 to Sec.  172.102(c)(1) to codify SP 13343. Transportation
must be performed by private, leased or contract carrier vehicles in
exclusive use. Further, cargo heaters must be reverse refrigeration
(heat pump) units. Shipments made in accordance with the SP are
excepted from the anti-freeze requirements of Sec.  173.60(b)(4). The
provisions of SP 13343 are specific to ``UN0394, Trinitroresorcinol,
wetted or Styphnic acid, wetted with not less than 20% water, or
mixture of alcohol and water by mass''; therefore, Special Provision
385 will be assigned exclusively to those HMT entries. Because we did
not receive public comment on the proposal, adverse or otherwise, in
this final rule, we are adopting the amendment as proposed.
Special Provision 386
    In the NPRM, we proposed to codify SP 6614 by establishing a new
paragraph (b)(3) to authorize polyethylene bottles with rated
capacities of one gallon (3.785 liters), packed inside an open-top,
heavy wall, high density polyethylene box for shipping certain PG II
and III corrosive liquids by private motor carrier. In this final rule,
we are adopting SP 6614 as proposed; however, we are moving the
amendment from paragraph (b) to new Sec.  172.102(c)(1), Special
provision 386, as it is a more appropriate location in the HMR for it.
Special Provision B130
    SP 14525 provides relief from the HMR except for the shipping paper
requirements of Subpart C of Part 172, emergency response information
as required by Sec.  172.602, and the marking requirements of Sec.
172.302(a), (b), and (d) when transporting used diatomaceous earth
filter material by highway. In the NPRM, PHMSA proposed to add Special
Provision B130 to Sec.  172.102(c)(3) to codify SP 14525. The SP
prescribes packaging, quantity limitations, and the required method of
storing the packages within the motor vehicle. The provisions of SP
14525 are specific to ``UN3088, Self-heating solid, organic, n.o.s''
(PG III); therefore, Special Provision B130 will be assigned
exclusively to that HMT entry. Because we received minimal public
comment on the proposal, in this final rule, we are adopting the
amendment as proposed.
Special Provision B131
    As previously discussed, SP 11624 was not proposed for adoption in
the NPRM. The SP is in its fifteenth revision and has 114 grantees. The
SP authorizes transportation in commerce of certain waste Class 3 paint
and paint related material (UN1263; PG II and PG III) contained in
metal or plastic pails further packed in non-specification bulk
packagings such as cubic yard boxes, plastic rigid-wall bulk
containers, dump trailers, and roll-off containers. After careful
reevaluation, SP 11624 and three related packaging SPs (i.e., SP 13052,
SP 14712, and 15235) are adopted as new Sec.  172.102(c)(3), Special
Provision B131.
Special Provision B132
    SP 11602 authorizes the transportation in commerce of certain
Division 4.3 materials contained in sift-proof closed bulk packagings
that prevent water from reaching the hazmat and have sufficient venting
to preclude a dangerous accumulation of gaseous emissions. In the NPRM,
we proposed to adopt the provisions of SP 11602 in its entirety in
Sec.  173.151(g). Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed. However, in this final rule, we are moving the
amendment to new Sec.  172.102(c)(3), Special provision B132 as it is a
more appropriate section for these provisions.
Section 172.202
    Section 172.202 prescribes requirements for describing hazardous
materials on shipping papers. In many scenarios, a net or gross
quantity of the hazardous materials must be included.
    SP 11811 provides relief from this requirement for local
collections operations transporting hazardous materials and hazardous
substances by highway that are ``household wastes'' as defined in 40
CFR 261.4 and not subject to the Environmental Protection Agency's
hazardous waste regulations in 40 CFR, Parts 262 and 263. In the NPRM,
we proposed to revise paragraph (c) of Sec.  172.202 to adopt the
provisions of SP 11811 in its entirety. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
Section 172.315
    Section 172.315 prescribes marking requirements for packages of
limited quantities of hazardous materials.
    SP 11197 provides relief from the requirement to display the
limited quantity marking on packages containing certain low-risk
materials assigned to PG II and III prepared in accordance with the
limited quantity provisions in Subpart B of part 173 of the HMR for
highway transportation by private motor carrier. The SP prescribes
inner packaging and package quantity limitations; the maximum gross
weight of packages that may be transported in one vehicle; and special
package marking requirements. In the NPRM, we proposed to add a new
paragraph (a)(3) to Sec.  172.315 to adopt the provisions of SP 11197
in its entirety. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed.
Section 172.400a
    Section 172.400a provides exceptions from the Sec.  172.400 general
labeling requirements for packages or containment devices of hazardous
materials.
    SP 8006 provides relief from the Sec.  172.400 general labeling
requirements for toy plastic or paper caps for toy pistols described as
``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S'' or ``NA0337,
Toy caps, 1.4S'' when offered for transportation by motor vehicle, rail
freight, cargo vessel, and cargo aircraft. The toy plastic or paper
caps must have been examined in conformance with Sec.  173.56 and
approved by the Associate Administrator. In the NPRM, we proposed to
add a new paragraph (a)(8) to Sec.  172.400a to adopt the provisions of
SP 8006 in its entirety. Because we did not receive public comment on
the proposal, adverse or otherwise, in this final rule, we are adopting
the amendment as proposed.
Part 173
Section 173.12
    Section 173.12 provides certain exceptions and authorizations for
the transportation of waste hazardous materials.
    SP 11470 authorizes transportation by motor vehicle and cargo
vessel of shrink-wrapped pallets containing boxes of waste ORM-D or
limited quantity materials when marked with the word ``WASTE'' on the
outside of

the pallet instead of each individual box. The SP also prescribes
packaging requirements for the waste materials. COSTHA requested that
PHMSA adopt this SP into the HMR under petition for rulemaking P-1611.
In the NPRM, we proposed to add a new paragraph (h) to Sec.  173.12 to
adopt the provisions of SP 11470 in its entirety. Because of the
supportive public comments received as a result of our proposal, in
this final rule, we are adopting the amendments as revised. Based on
comments from Veolia, the revisions include authorizing ``stretch-
wrapped'' pallets in addition to shrink-wrapped pallets and
``packages'' rather than boxes only.
Section 173.29
    Section 173.29 prescribes certain requirements, exceptions, and
authorizations for the transportation of empty packagings.
    SP 9610 provides relief from shipping paper and placarding
requirements of Subparts C and F of part 172, respectively, for
smokeless powder residue when transported by motor vehicle or railcar
in ``Container-on-flat-car'' (COFC) or ``Trailer-on-flat-car'' (TOFC)
service. The smokeless powder must be approved in conformance with
Sec.  173.56 as a Class 1 explosive substance. The SP prescribes
packaging requirements, quantity limitations, operational controls, and
a specific shipping description for the material. In the NPRM, we
proposed to revise paragraph (f) of Sec.  173.29 to adopt the
provisions of SP 9610 in its entirety. Because of the supportive public
comments received as a result of our proposal, in this final rule, we
are adopting the amendments as proposed with minor revisions to allow
additional packaging types.
Section 173.63
    Section 173.63 provides packaging exceptions for certain Class 1
(explosive) materials.
    SP 4850 authorizes Cord, detonating, or Fuse detonating, metal clad
(UN0290, Div. 1.1D) to be renamed and reclassed as Cord, detonating,
mild effect, or Fuse, detonating, mild effect, metal clad (UN0104, Div.
1.4D); and Charges, shaped, flexible, linear (UN0288, Div. 1.1D) to be
renamed and reclassed Charges, shaped, flexible, linear (UN0237, Div.
1.4D) and transported by motor vehicle, railcar, cargo vessel, and
cargo aircraft. The SP prescribes packaging requirements and quantity
limitations. In the NPRM, we proposed to revise paragraph (a) of Sec.
173.63 to adopt the provisions of SP 4850 in its entirety. However,
during review of the final rule, concerns that there was insufficient
hazard communication to prevent the reclassed shipments from finding
their way into the air mode were raised. In addition, concerns
regarding the distinctions between shipping being offered domestically
versus internationally were discussed. Because additional conditions
for its adoption were not proposed in the January 30, 2015 NPRM, in
this final rule, we are not codifying SP 4850 into the HMR at this time
but intend to consider it for incorporation in the near future
considering the hazard communication concerns. We will include any
proposals in upcoming NPRMs for comment.
Section 173.156
    Section 173.156 provides exceptions for the transportation of
certain limited quantities and other regulated materials (ORM).
    SP 11458 authorizes display packs of consumer commodity packages
that exceed 30 kg gross weight for transportation by railcar in
trailer-on-flat-car (TOFC) or container-on-flat-car (COFC) service, or
roadrailer and/or railrunner trailers or by motor vehicle, or cargo
vessel. See Sec.  171.8 for a discussion of the addition of the
definition of display pack. In a petition for rulemaking (P-1607),
COSTHA requested PHMSA adopt this SP into the HMR. In the NPRM, we
proposed to add a new paragraph (c) to Sec.  173.156 to adopt the
provisions of SP 11458 in its entirety. Because of the supportive
public comments received as a result of our proposal, in this final
rule, we are adopting the amendment as proposed.
    SP 11470 authorizes transportation by motor vehicle and cargo
vessel of shrink-wrapped pallets containing boxes of waste ORM-D or
limited quantity materials when marked with the word ``WASTE'' on the
outside of the pallet instead of each individual box. The adoption of
SP 11470 relating to exceptions for waste limited quantity and ORM-D
materials is discussed in the preamble for Sec.  173.12. In the NPRM,
we proposed to add a new paragraph (d) to Sec.  173.156 that directs
the reader to the new paragraph (h) of Sec.  173.12 which codifies the
provisions of SP 11470. Because of the supportive public comments
received as a result of our proposal, in this final rule, we are
adopting the amendment as proposed with one modification. Veolia
supports adoption of SP 11470 with one substantial modification--the
HMR should not limit to ``expired'' consumer products but rather all
consumer commodities shipped for disposal/recycling under manufacturer
recalls, off-spec/unwanted/unneeded product, etc. We recognized the
merit of Veolia's comment and revised Sec.  173.12 accordingly.
Section 173.159
    Section 173.159 prescribes requirements for the transportation of
wet electric storage batteries.
    SP 11078 conditionally excepts the transportation of nickel cadmium
batteries containing potassium hydroxide, a Class 8 material, from
other requirements of the HMR when transported by motor vehicle,
railcar, cargo vessel and passenger and cargo aircraft. In the NPRM, we
proposed to add a new paragraph (j) to Sec.  173.159 to codify the
provisions of SP 11078 in its entirety. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
    SP 13548 authorizes transportation in commerce of lead acid
batteries and packages of battery acid (with two different
identification numbers) on the same vehicle. Commenters were supportive
of its adoption in the HMR. In this final rule, the introductory text
in paragraph (e) is revised accordingly.
Section 173.168
    Section 173.168 prescribes specific approval, testing, protection,
packaging, and equipment marking requirements for chemical oxygen
generators.
    SP 11984 authorizes certain unapproved chemical oxygen generators
with only one positive means of preventing unintentional actuation of
the generator, and without the required approval number marked on the
outside of the package, to be transported by motor vehicle, railcar,
and cargo vessel. In the NPRM, we proposed to add a new paragraph (g)
to Sec.  173.168 to adopt the provisions of SP 11984 in its entirety.
Veolia supports adoption of SP 11984 with one modification--the HMR
should require flame-proof outer packaging for chemical oxygen
generators shipped with only one positive means of preventing
unintentional activation as expressed in concern for equivalent level
of safety in proposed SP modification in August 2011. Veolia's comments
notwithstanding, because of the mainly supportive public comment
received and safety evaluation as a result of our proposal, in this
final rule, we are adopting the amendment as proposed.
Section 173.184
    Section 173.184 prescribes packaging requirements for the
transportation of highway or rail fusees.

    When in conformance with SP 7991, flagging kits transported on
railroad motor vehicles including privately-owned motor vehicles under
the direct control of on-duty railroad employees, are excepted from the
requirements of the HMR. Flagging kits may only contain fusees and
railroad torpedoes described as: Fusee (rail or highway) (NA1325,
Division 4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG
II); Signal devices, hand (UN0373, Division 1.4S, PG II); Signal
devices, hand (UN0191, Division 1.4G, PG II); and Signals, railway
track, explosive (UN0193, Division 1.4S, PG II). This SP prescribes
packaging requirements, quantity limitations, and operational controls.
In the NPRM, we proposed to add a new paragraph (c) to Sec.  173.184 to
adopt the provisions of SP 7991 in its entirety. Because we did not
receive public comment on the proposal, adverse or otherwise, in this
final rule, we are adopting the amendment as proposed.
Section 173.226
    Section 173.226 prescribes specific packaging requirements for the
transportation of materials poisonous by inhalation, Division 6.1, PG
I, Hazard Zone A.
    When transported as prescribed in SP 11055, liquid hazardous
materials in Division 6.1, PG I, Hazard Zone A, are excepted from the
segregation requirements of Sec. Sec.  174.81, 176.83, and 177.848(d).
The SP prescribes packaging and testing requirements, quantity
limitations, and cushioning and absorbent material requirements. In the
NPRM, we proposed to add a new paragraph (f) to Sec.  173.226 to adopt
the provisions of SP 11055 in its entirety. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
Section 173.306
    Section 173.306 provides exceptions for limited quantities of
compressed gas. Section 173.306(e) currently permits only new (unused)
refrigerating machines to be excepted from specification packaging,
placarding, and certain rail and highway modal requirements.
    SP 13199 permits reconditioned (used) refrigerating machines
(UN2857, Div. 2.2) to be transported under the requirements prescribed
in Sec.  173.306(e) and excepted from the marking requirements of Sec.
172.302(c) when transported by motor vehicle and meeting certain
structure and Class A refrigerant gas weight requirements. In the NPRM,
we proposed to add new paragraph (e)(2) to Sec.  173.306 to adopt the
provisions of SP 13199 in its entirety. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
Section 173.322
    Section 173.322 prescribes packaging requirements for ethyl
chloride. In the January 30, 2015 NPRM, we proposed to add a new
paragraph (f) to Sec.  173.322 to adopt the provisions of SP 14422 in
its entirety. Because SP 14422 is no longer an active special permit,
in this final rule, we are not adopting the amendment as proposed.
Part 174
Section 174.67
    Section 174.67 prescribes operational requirements for the railroad
tank car unloading of hazardous materials.
    SP 12002 authorizes the clearing of frozen liquid blockages from
tank car outlets by attaching a fitting to the outlet line and applying
nitrogen at a pressure of 50 to 100 psi for combustible liquid or Class
3 liquid petroleum distillate fuels. In the NPRM, we proposed to revise
paragraph (g) to Sec.  174.67 to adopt the provisions of SP 12002 in
its entirety. In its comments, ACA recommends that the use of nitrogen
should be permitted ``at a pressure of up to 100 psi'' for clarity. We
agree and revise Sec.  174.67(g) accordingly.
Part 177
Section 177.820
    Currently there is no Sec.  177.820 in the HMR. However, in the
NPRM, we proposed to add a new Sec.  177.820 that authorizes the
movement of certain hazardous materials across public roads with
limited exceptions.
    SPs 11352, 12207, 12306, 13165, and 14945 authorize the movement of
certain hazardous materials across public roads. Such movements are not
subject to Subparts C (Shipping Papers), D (Marking), E (Labeling), and
F (Placarding) of Part 172. The SPs prescribe specific operational
controls. In the NPRM, we proposed to add a new Sec.  177.820 to adopt
the provisions of these SPs in their entirety. COSTHA and DGAC support
the adoption of SPs 11352, 12207, 12306, 13165, and 14945; however,
according to COSTHA, the proposed regulatory text in Sec.  177.820
appears to be more restrictive than the HMR applicability exceptions
currently in Sec.  171.1(d)(4). We agree with COSTHA and are not
adopting the five SPs and new Section 177.820 as proposed in the NPRM.
Section 177.834
    Section 177.834 establishes general operational requirements for
hazardous materials transportation by highway.
    SPs 9874, 13190, 13424, 13959, 14141, 14150, 14680, 14822, 14827,
and 14840 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
NPRM, we proposed to revise paragraphs (i)(3) and (i)(4) of Sec.
177.834 to adopt the provisions of these SPs in their entirety.
    In its comments, Dow supports codification of the SPs but has
specific concerns: (1) SP 9874 and 14822 authorize instrumentation and
signaling systems such as sensors, alarms, and electronic surveillance
equipment in addition to video monitoring; (2) SPs 9874 and 14822 do
not require a video camera with a ``motorized zoom lens capable of
panning and zooming from the remote control station''; (3) SPs 9874 and
14822 do not require that the view capability must include the entire
containment area; and (4) the need for assurance that the attendance
requirements in Sec.  177.834 (i) apply to motor carriers only. We
agree that Dow's comments have merit and, in this final rule, except
for number (4), the regulatory text in Sec.  177.834(i) is revised
accordingly. Regarding issue number (4), long-standing interpretations
preclude the need to revise the attendance applicability provisions of
the HMR.
    SPs 13484 and 14447 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 NPRM, we proposed to revise paragraphs (i)(3) and
(i)(4) of Sec.  177.834 to adopt the provisions of SPs 13484 and 14447
in their entirety. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendments as proposed.
    SPs 10597, 10803, 10882, 14618, and 14726 authorize the use of
diesel or propane fueled combustion cargo

heaters in motor vehicles used to transport Class 3 (flammable liquid)
or Division 2.1 (flammable gas) materials. The SPs prescribe
operational controls for use of heaters. In the NPRM, we proposed to
revise paragraph (l)(2)(i) of Sec.  177.834 to adopt the provisions of
these SPs in their entirety. In this final rule, because the existing
paragraph (l)(2)(ii) of Sec.  177.834 relating to the Effective date
for combustion heater requirements is obsolete, we are removing it as
proposed. In addition, we are redesignating paragraph (l)(2)(iii) of
Sec.  177.834 as paragraph (l)(2)(ii) as proposed in the NPRM. Because
we did not receive public comment on the proposal, adverse or
otherwise, in this final rule, we are adopting the amendment as
proposed.
Section 177.838
    Section 177.838 prescribes operational requirements for the
transportation of Class 4 (flammable solid) materials, Class 5
(oxidizing) materials, and Division 4.2 (self-heating and pyrophoric
liquid) materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d),
SP 11373 authorizes the transport on the same transport vehicle of
``UN1384, Sodium hydrosulfite or sodium dithionite'' (PG II or III),
``UN3341, Thiourea dioxide'' (PG II or III); and ``UN3088, Self-
heating, solid, organic, n.o.s.'' (PG II or III) with Class 8
materials. The SP prescribes packaging and separation requirements. In
the NPRM, we proposed to revise the title of Sec.  177.838 and add a
new paragraph (i) to Sec.  177.838 to adopt the provisions of SP 11373
in its entirety. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed.
Section 177.840
    Section 177.840 establishes specific operational requirements for
the transportation of Class 2 (gases) materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d),
SP 11043 authorizes the transport on the same transport vehicle of
Division 2.3, Hazard Zone A materials with materials classed as
Division 2.1, Class 3, Class 4, Class 5, and Class 8. The SP prescribes
packaging, marking, separation requirements.
    Notwithstanding the segregation requirements of Sec.  177.848(d),
SP 14335 authorizes the transport on the same transport vehicle of
Division 2.3, Hazard Zone A materials with specification non-bulk
packagings and IBCs containing only the residue of Division 2.1, 4.3,
5.1, and Class 3 and 8 materials. The SP prescribes separation and
securement requirements, operational controls, quantity limitations,
and carrier safety rating requirements.
    In the NPRM, we proposed to add a new paragraph (a)(3) to Sec.
177.840 to adopt the provisions of SPs 11043 and 14335 in their
entirety. Veolia supports the adoption of SP 11043; however, they
recommend the regulatory text proposed in Sec.  177.840(a)(3)(i) should
be revised to require a 4-foot separation rather than a 5-foot
separation for consistency with the segregation spacing requirements in
Sec.  173.12(e). We agree and are revising Sec.  177.840(a)(3)(i)
accordingly.
Section 177.841
    Section 177.841 establishes specific operational requirements for
the transportation of Division 6.1 and Division 2.3 materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d),
SP 11151 authorizes transportation by private or contract motor carrier
of Division 6.1 PG I, Hazard Zone A materials meeting the definition of
a hazardous waste as defined in Sec.  171.8 on the same transport
vehicle with materials classed as Class 3, Class 4, Class 5, and Class
8. The Division 6.1 PG I, Hazard Zone A materials must be loaded on
pallets and separated from the Class 3, Class 4, Class 5, and Class 8
materials by a minimum horizontal distance of 2.74 m (9 feet). In the
NPRM, we proposed to add a new paragraph (f) to Sec.  177.841 to adopt
the provisions of SP 11151 in its entirety. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.

F. Non-Bulk Packaging Specifications/IBCs

Part 172
Section 172.101
    The Sec.  172.101 HMT designates the materials listed therein as
hazardous materials for the purpose of transportation of those
materials. For each listed material, the HMT identifies the hazard
class or specifies that the material is forbidden in transportation,
and provides the proper shipping name or directs the user to the
preferred proper shipping name. In addition, the HMT specifies or
references requirements in this subchapter pertaining to labeling,
packaging, quantity limits aboard aircraft, and stowage of hazardous
materials aboard vessels. In the NPRM, we proposed to revise several
entries in the HMT to adopt SPs relating to non-bulk packagings and
IBCs. Specifically, for ``UN1415, Lithium,'' ``UN2257, Potassium,''
``UN3190, Self-heating solid, inorganic, n.o.s.,'' ``UN1428, Sodium,''
``UN1381, Phosphorus, yellow, under water'' and ``UN2813, Water-
reactive solid, n.o.s.'' (Packing Group II and III), we proposed to add
a reference to Sec.  173.151 to provide packaging exceptions for
relevant Hazard Class 4 materials. In this final rule, the provisions
adopted for ``UN1381, Phosphorus, yellow, under water'' and ``UN2813,
Water-reactive solid, n.o.s.'' (Packing Group II and III) are moved to
the more appropriate Sec. Sec.  173.188 and the new Sec.
172.102(c)(3), Special provision B132 respectively. The revisions are
discussed in the following sections.
Part 173
Section 173.62
    Section 173.62 prescribes packaging instructions for explosives.
    SP 12335 authorizes the transportation by motor vehicle, cargo
vessel, and cargo aircraft when authorized in the HMT, and passenger-
carrying aircraft when authorized for carriage by the HMT and used
exclusively to transport personnel to remote work sites certain
Division 1.1D and 1.4D detonating cords without the ends being sealed
in alternative packaging, provided that the inner packaging containing
the detonating cord is made of a static-resistant plastic bag of at
least 3 mil thickness and the bag is securely closed for
transportation. In the NPRM, we proposed to adopt the provisions of SP
12335 in its entirety in Sec.  173.62. Because we did not receive
public comment on the proposal, adverse or otherwise, in this final
rule, we are adopting the amendment as proposed.
Section 173.150
    Section 173.150 provides exceptions from the HMR for certain Class
3 (flammable liquid) material.
    To codify SP 13217, in the NPRM, PHMSA proposed to add a paragraph
(h) to Sec.  173.150 that included an exception to permit Diesel fuel
(UN1202 or NA1993) and Gasoline (UN1203) to be transported one way, by
motor vehicle, directly from the loading location to an equipment
repair facility in non-specification non-bulk packaging, known as a
gasoline dispenser. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed.
Section 173.151
    Section 173.151 provides exceptions for certain Class 4 materials.

    In the NPRM, we proposed to add new paragraph (e) that would except
``UN1415, Lithium,'' ``UN2257, Potassium,'' and ``UN1428, Sodium,''
with a net quantity of material per inner packaging not exceeding 25
grams, from the labeling requirements of Part 172, Subpart E and the
placarding requirements of Part 172 Subpart F, if they are offered for
transportation or are transported in the packagings with conditions set
forth in that paragraph. We also proposed to codify SP 11736 by
establishing a new paragraph (f) to authorize shipments of ``UN3190,
Self-heating solid, inorganic, n.o.s,'' in unlined, non-DOT
specification multi-wall paper bags containing a maximum of 55 pounds
(net) weight. Because SP 11736 is no longer active, in this final rule,
we are not amending Sec.  173.151 to codify the SP. We further proposed
adding new paragraph (g) to authorize ``UN2813, Water reactive solid,
n.o.s. (contains magnesium, magnesium nitrides)'' in PG II or III to be
packaged in sift-proof bulk packagings. These revisions codify SPs
11602, 11736, 13796, and 15373. Because we did not receive public
comment on the proposals, adverse or otherwise, in this final rule, we
are adopting the amendments as proposed.
    SP 11602 authorizes the transportation in commerce of certain
Division 4.3 materials contained in sift-proof closed bulk packagings
that prevent water from reaching the hazmat and have sufficient venting
to preclude a dangerous accumulation of gaseous emissions. In the NPRM,
we proposed to adopt the provisions of SP 11602 in its entirety in
Sec.  173.151(g). Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed. However, in this final rule, we are moving the
amendment to new Sec.  172.102(c)(3), Special provision B132 as it is a
more appropriate section for these provisions.
    SP 13796 authorizes the transportation in commerce of ``UN1381,
Phosphorus, yellow, under water,'' in a 30 gallon UN 1A2 steel drum
certified at a minimum to the PG I performance level for solids and the
PG II performance level for liquids and, as a minimum, dual marked as
UN1A2/X400/S (for solids) and UN1A2 Y/1.4/150 (for liquids). In the
NPRM, we proposed to adopt the provisions of SP 13796 in its entirety
in Sec.  173.151. Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed. However, in this final rule, we are moving the
amendment to the most appropriate section for yellow phosphorus, Sec.
173.188; we are also removing the Sec.  173.151 column (8A) exception
reference to its HMT entry.
    SP 15373 authorizes the manufacture, mark, sale and use of the
specially designed combination packagings for ``UN1415, Lithium,''
``UN2257, Potassium,'' and ``UN1428, Sodium,'' without hazard labels or
placards, for quantity limits not exceeding 25 grams. In the NPRM, we
proposed to adopt the provisions of SP 15373 in its entirety in new
Sec.  173.151(e). Because we did not receive public comment on the
proposal, adverse or otherwise, in this final rule, we are adopting the
amendment as proposed.
Section 173.154
    Section 173.154 provides exceptions for Class 8, (corrosive)
materials.
    In the NPRM, we proposed to codify SP 6614 by establishing a new
paragraph (b)(3) to authorize polyethylene bottles with rated
capacities of one gallon (3.785 liters), packed inside an open-top,
heavy wall, high density polyethylene box for shipping certain Packing
Group II and III corrosive liquids by private motor carrier. In this
final rule, we are adopting SP 6614 as proposed; however, we are moving
the amendment from paragraph (b) to new Sec.  172.102(c)(1), Special
provision 386, as it is a more appropriate location in the HMR.
    In the NPRM, we also proposed to codify SP 14137 in new paragraph
(e) to authorize hydrochloric acid concentration not exceeding 38%, in
Packing Group II, to be packaged in UN31H1 or UN31HH1 intermediate bulk
containers when loaded in accordance with the requirements of Sec.
173.35(h). In this final rule, we are adopting SP 14137 as proposed;
however, we are moving the amendment from Sec.  173.154(e) to new Sec.
172.102(c)(3), Special provision B133, as it is a more appropriate
location in the HMR.
    These amendments to Sec.  173.154 codify SP 6614 and 14137. Because
we did not receive public comment on the proposals, adverse or
otherwise, in this final rule, we are adopting the amendments as
proposed. However, the proposed provisions of SP 12030 are now codified
in Sec.  173.159(h)(2), as it is a more appropriate location in the HMR
for battery fluid packaging provisions.
Section 173.158
    Section 173.158 prescribes the general requirements, authorized
packagings, and exceptions for nitric acid.
    To codify SPs 8230, 9722, and 14213, we proposed in the NPRM to
establish a new paragraph (i) to authorize ``Nitric acid of up to 40%
concentration'' in a UN1H1 non-removable head plastic drum with certain
conditions set forth in that paragraph and add new paragraph (j) for
the transportation of ``Nitric acid, other than red fuming, with more
than 70% nitric acid'' and ``Nitric acid, other than red fuming, with
not more than 70% nitric acid'' in a combination packaging when offered
for transportation by rail, highway, or cargo vessel. Because of the
supportive public comments received as a result of our proposal, in
this final rule, we are adopting the amendments as proposed.
Section 173.159
    Section 173.159 prescribes packaging, shipping specifications, and
exceptions for the transportation of wet electric storage batteries.
    To codify SP 13548, in the NPRM, we proposed to revise paragraph
(e) to include shipments of electric storage batteries containing
electrolyte or corrosive battery fluid, and electric storage batteries
and battery acid. SP 13548 authorizes the transportation in commerce of
lead acid batteries and packages of battery acid with two different UN
numbers on the same motor vehicle with the packages secured against
shifting. Because of the supportive public comments received as a
result of our proposal, in this final rule, we are adopting the
amendments as proposed.
    In the NPRM, we proposed to revise Sec.  173.154 by codifying SP
12030 in new paragraph (f). After comment review and our own analysis,
we believe this amendment is more appropriately codified in new Sec.
173.159(h)(2) along with the existing provision in new Sec.
173.159(h)(1). Special provision N6 of Sec.  172.102 specifies that
battery fluid, acid or alkali, when packaged with an electric storage
battery, wet or dry, is to be packaged as prescribed in Sec.
173.159(g) or (h). Thus, in this final rule, we are moving the
amendment from Sec.  173.154(f) to Sec.  173.159(h)(2) and codifying it
as proposed.
Section 173.181
    Section 173.181 sets forth packaging and other requirements for
pyrophoric materials (liquids).
    To codify SP 12920, in the NPRM, we proposed to add new paragraph
(d) to Sec.  173.181 that authorizes the transportation of certain
pyrophoric materials in a combination package consisting of UN1A2 outer
package and a UN1A1 inner package. Because we did not receive public
comment on the proposal, adverse or otherwise, in this final rule, we
are adopting the amendment as proposed.

Section 173.188
    Section 173.188 prescribes the packaging instructions for white and
yellow phosphorus.
    SP 13796 authorizes the transportation of ``UN1381, Phosphorus,
yellow, under water,'' in a 30 gallon UN 1A2 steel drum certified as a
minimum to the PG I performance level for solids and the PG II
performance level for liquids and, as a minimum, dual marked as UN1A2/
X400/S (for solids) and UN1A2 Y/1.4/150 (for liquids). In the NPRM, we
proposed to adopt the provisions of SP 13796 in its entirety in Sec.
173.151. Because we did not receive public comment on the proposal,
adverse or otherwise, in this final rule, we are adopting the amendment
as proposed. However, in this final rule, we are moving the amendment
to the most appropriate section for yellow phosphorus, Sec.  173.188;
we are also removing the Sec.  173.151 column (8A) exception reference
to its HMT entry.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is issued under the authority of the Federal
hazardous materials transportation law (49 U.S.C. 5101 et seq.).
Section 5103(b) authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.
This rulemaking codifies certain SPs into the HMR.

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

    This final rule is not considered a significant regulatory action
under Executive Order 12866 (``Regulatory Planning and Review''), as
supplemented and reaffirmed by Executive Order 13563 (``Improving
Regulation and Regulatory Review''), stressing that, to the extent
permitted by law, an agency rulemaking action must be based on benefits
that justify its costs, impose the least burden, consider cumulative
burdens, maximize benefits, use performance objectives, and assess
available alternatives, and the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Executive Orders 12866
and 13563 require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
    Executive Order 13610, issued May 10, 2012, urges agencies to
conduct retrospective analyses of existing rules to examine whether
they remain justified and whether they should be modified or
streamlined in light of changed circumstances, including the rise of
new technologies. By building off of each other, these three Executive
Orders require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
    In this final rule, PHMSA is amending the HMR to adopt provisions
contained in certain widely-used or long-standing SPs that have an
established safety record. The revisions are intended to provide wider
access to the regulatory flexibility offered in SPs and eliminate the
need for numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
Although difficult to quantify, PHMSA assumes that for most regulated
entities in these categories, the revisions in this final rule require
little or no change to existing practice or behavior and incremental
compliance costs will thus be close to zero. At the same time, the
potential for additional safety benefits is also very limited in these
cases, as existing practice and operations are already minimizing the
number of incidents.
    Estimated benefits associated with this rule result from the
regulated community no longer being required to apply for an SP and
amount to approximately $14,000 annually. Costs associated with the
rule are estimated to be negligible annually. Since existing SP holders
are already complying with the specifications of the current SPs, the
amendments adopted in this final rule would not impose new obligations
on current non-holders of SPs. The overall costs and benefits of the
rule are dependent on the level of pre-existing compliance and the
overall effectiveness of the new requirements specified in this
rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), 64 FR
43255 (Aug. 10. 1999) and the President's May 20, 2009 memorandum (74
FR 24693 [May 22, 2009]). The requirements in this final rule would
preempt state, local, and Indian tribe requirements but would not have
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 materials transportation law, 49 U.S.C. 5101
et seq., contains an express preemption provision (49 U.S.C. 5125(b))
preempting State, local, and Indian tribe requirements on the following
subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of
these subjects, DOT must determine and publish in the Federal Register
the effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than 2 years after the date of issuance.
    This rule would address subject areas (1), (2), (3), and (5) above
and would preempt any state, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' as the Federal requirements. The effective
date of Federal preemption is April 20, 2016.

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, the funding and consultation requirements of
Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
primary costs to small entities associated with this rule include
developing and updating a risk assessment, developing and updating
operating procedures, and additional training for hazmat employees who
perform loading and unloading operations.
    PHMSA expects the impacts of this rule will be limited for many
small entities due to their compliance with other existing Federal
regulations. In this rulemaking, PHMSA also explicitly acknowledges
that many regulated entities are holders of SPs or are part of industry
associations with voluntary codes of safe practice, and that these may
be sufficient for compliance with the final rule as long as all of the
relevant safety areas are addressed and documented. For regulated
entities in these categories, the rulemaking requires little or no
change to existing practices or behavior and incremental compliance
costs will thus be close to zero. Therefore, the benefit and cost
figures discussed below should be viewed as upper bounds, both of which
will be reduced by the extent of current practice.
    PHMSA estimates that there are 50 potentially affected small
entities. The annualized documentation cost for developing and updating
the risk assessment and the operating procedures is estimated to be
$375 per small entity. The annualized cost of additional training for
affected employees is estimated to be approximately $5.50 per employee.
Further, PHMSA estimates that approximately 50% of small businesses are
already implementing procedures that would be compliant with this
rulemaking. Based upon the above estimates and assumptions, PHMSA
certifies that this rulemaking does not have a significant economic
impact on a substantial number of small entities. Further information
on the estimates and assumptions used to evaluate the potential impacts
to small entities is available in the Regulatory Impact Assessment that
has been placed in the public docket for this rulemaking.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under OMB
Control No. 2137-0051, entitled ``Special Permits and Approvals,''
expiring on May 31, 2018. Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This rulemaking adds new
exceptions to the HMR while eliminating the need for persons to apply
for a SP, resulting in a decrease in burden. PHMSA estimates the
reduction in information collection burden as follows:

OMB Control No. 2137-0051: SPs and Approvals
Decrease in Annual Number of Respondents: 96
Decrease in Annual Responses: 96
Decrease in Annual Burden Hours: 194
Decrease in Annual Burden Cost: $14,027

    There are 832 grantees associated with the 96 SPs being adopted in
this rulemaking. Over 10 years, a SP would on average be renewed twice,
resulting in 1,664 renewals (832 x 2). The average number of
applications per year would be approximately 166 (1,664/10). The annual
estimated cost savings would total $14,027 (166 number of renewals per
year x $39.50/hr. preparation cost + 166 renewals per year x $45.00/hr
compliance cost).
    Please direct your requests for a copy of this final information
collection to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC,
20590-0001.

G. Regulatory Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

    This rulemaking does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. PHMSA has concluded that the rule
will not impose annual expenditures of $141.3 million on State, local,
or tribal governments or the private sector, and thus does not require
an Unfunded Mandates Act analysis.

I. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations under the Trade
Agreement Act, as amended.

J. Environmental Assessment and NEPA Analysis

    PHMSA is amending the HMR by adopting provisions contained in
certain widely-used or long-standing SPs that have an established
safety record. The revisions are intended to provide wider access to
the regulatory flexibility offered in SPs and eliminate the need for
numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
    The National Environmental Policy Act (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. The Council on
Environmental Quality (CEQ) regulations order federal agencies to
conduct an environmental review considering (1) the need for the
proposed action (2) alternatives to the proposed action (3) probable
environmental impacts of the proposed action and alternatives and (4)
the agencies and persons consulted during the consideration process. 40
CFR 1508.9(b). A detailed NEPA assessment has been placed in the docket
for this rulemaking for public review.

K. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) which
may be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g. specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This final
rule does not involve voluntary consensus standards.

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, Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Incorporation, Radioactive
materials, and Railroad safety.

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority: 49 U.S.C. 5101-5128, 44701; Public Law 101-410
section 4 (28 U.S.C. 2461 note); Public Law 104-121 sections 212-
213; Public Law 104-134 section 31001; Public Law 112-141 section
33006, 33010; 49 CFR 1.81 and 1.97.

0
2. In Sec.  107.1, revise the definitions for ``insufficient corrective
action'' and ``sufficient corrective action'' to read as follows:

Sec.  107.1  Definitions.

* * * * *
    Insufficient corrective action means that either a PHMSA Field
Operations (FOPS) Division officer or an authorized representative or
special agent of DOT upon request, such as an Operating Administration
(OA) representative, has determined that evidence of an applicant's
corrective action in response to prior enforcement cases is inadequate
or incomplete and the basic safety management controls proposed for the
type of hazardous material, packaging, procedures, and/or mode of
transportation remain inadequate to prevent recurrence of a violation.
* * * * *
    Sufficient corrective action means that either a PHMSA Field
Operations officer or an authorized representative or special agent of
DOT upon request, such as an Operating Administration (OA)
representative, has determined that evidence of an applicant's
corrective action in response to prior enforcement cases is sufficient
and the basic safety management controls proposed for the type of
hazardous material, packaging, procedures, and/or mode of
transportation are adequate.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5128, 44701; 101, section 4 (28 U.S.C.
2461 note); Public Law 104-121, sections 212-213; Public Law 104-
134, section 31001; 49 CFR 1.81 and 1.97.

0
4. In Sec.  171.8, the definition of ``Display pack'' is added in
alphabetical sequence to read as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Display pack means a package intended to be placed at retail
locations which provide direct customer access to consumer commodities
contained within the package when all or part of the outer fiberboard
packaging is removed.
* * * * *

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

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

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

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

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                (8) packaging (Sec.   173.***)               (9) Quantity limitations            (10) Vessel stowage
                    materials        Hazard                                                                        ---------------------------------------------------------------------------------------------------------------------
   Symbols      descriptions and    class or     Identification        PG        Label codes    Special provisions
                 proper shipping    division          No.                                        (Sec.   172.102)      Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft      Location          Other
                      names                                                                                aircraft/rail         only
(1)            (2)...............         (3)  (4)..............  (5)........  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A)..........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]..........

                                                                                * * * * * * *
               Acrolein,                  6.1  UN1092...........  I..........  6.1, 3.........  1, 380, B9, B14,    None...........  226............  244............  Forbidden......  Forbidden......  D..............  40
                stabilized.                                                                      B30, B42, B77,
                                                                                T22, TP2, TP7,
                                                                                TP13, TP38, TP44.

                                                                                * * * * * * *
               Adhesives,                   3  UN1133...........  I..........  3..............  T11, TP1, TP8,      150............  201............  243............  1 L............  30 L...........  B..............
                containing a                                                                     TP27.
                flammable liquid.
                                                                  II.........  3..............  149, 383, B52,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                IB2, T4, TP1, TP8.
                                                                  III........  3..............  B1, B52, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                TP1.

                                                                                * * * * * * *