[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3635-3686]
[FR Doc No: 2016-00780]

Vol. 81

Thursday,

No. 13

January 21, 2016

Part III

 Department of Transportation

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 Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 107, 171, 172, et al.,

 Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR); Final
Rule

Federal Register / Vol. 81 , No. 13 / Thursday, January 21, 2016 /
Rules and Regulations

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, and 180

[Docket No. PHMSA-2013-0042 (HM-233F)]
RIN 2137-AF00

Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR)

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

ACTION: Final rule.

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SUMMARY: As required by the Moving Ahead for Progress in the 21st
Century Act
    (MAP-21), the Pipeline and Hazardous Materials Safety
Administration is amending the Hazardous Materials Regulations to adopt
provisions contained in certain widely-used or long-standing special
permits that have an established safety record. The adopted amendments
are intended to provide wider access to the regulatory flexibility
offered in special permits and eliminate the need for numerous renewal
requests. The adopted amendments will also reduce paperwork burdens and
facilitate commerce while maintaining an appropriate level of safety.
PHMSA conducted an extensive analysis of all active special permits and
codified, as appropriate, those special permits deemed suitable in this
rulemaking.

DATES: Effective Date: The final rule will become effective on February
22, 2016.
    Voluntary compliance date: PHMSA is authorizing voluntary
compliance beginning February 22, 2016.
    Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
January 23, 2017.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Office of Hazardous
Materials Safety, Approvals and Permits Division,<PHONE_NUMBER>, or T.
Glenn Foster, Office of Hazardous Materials Safety, Standards and
Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Overview
    A. MAP-21 Legislation
    B. SP Conversion Project Methodology
    C. Petitions for Rulemaking
    D. SP Evaluation Results
    E. SPs Suitable for Adoption
IV. Public Comments
    A. General/Administrative
    B. Cylinders--General
    C. Cylinders--Non-Destructive Testing/Aerosols
    D. Cargo Tanks/Rail Cars/Portable Tanks
    E. Operational Air/Vessel
    F. Operational Highway/Rail/Shipper/Other
    G. Non-Bulk Packaging Specifications/IBCs
V. Section-by-Section Review by Topic Area
    A. Cylinders--General
    B. Cylinders--Non-Destructive Testing/Aerosols
    C. Cargo Tanks/Rail Cars/Portable Tanks
    D. Operational Air/Vessel
    E. Operational Highway/Rail/Shipper/Other
    F. Non-Bulk Packaging Specifications/IBCs
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 13563, Executive Order
13610, and DOT Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Executive Order 13609 and International Trade Analysis
    J. Environmental Assessment and NEPA Analysis
    K. Privacy Act
    L. National Technology Transfer and Advancement Act
    List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180) by adopting requirements contained in 96 existing special permits
(SP). These amendments are based on our review of all active SPs as of
January 1, 2013, in which we originally identified 98 SPs containing
requirements that appear suitable for adoption into the HMR as
regulations of general applicability. Other SPs (1,070) were not
proposed for adoption into the HMR because we concluded they contain
requirements which (1) would not have, or are being applied in a manner
which would not have, broad applicability; or (2) have already been
adopted into the HMR, are covered by authorizations in the HMR, are
being addressed in other rulemakings, or were removed from
consideration after receiving public comments submitted in response to
the January 30, 2015, notice of proposed rulemaking (NPRM) in this
proceeding.
    In the NPRM published in the Federal Register on January 30, 2015
[80 FR 5339], we encouraged all interested parties, particularly the
holders of currently active SPs, to submit comments regarding the SPs
we proposed to adopt into the HMR, the SPs we did not propose to adopt
into the HMR, and the impacts, including costs and benefits, of the
special permits proposed for incorporation.

II. Background

    PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) by adopting certain requirements based on existing SPs
issued by PHMSA under 49 CFR part 107, subpart B (Sec. Sec.  107.101 to
107.127). SPs set forth alternative requirements--or a variance--to the
requirements in the HMR in a way that achieves a safety level at least
equal to the safety level required under the regulations, or, when the
regulations do not establish a safety level, that is consistent with
the public interest. Congress expressly authorized the Secretary of
Transportation to issue these variances in the Hazardous Materials
Transportation Act of 1975 (49 U.S.C. 5109) as amended.
    On July 6, 2013, President Obama signed legislation entitled
``Moving Ahead for Progress in the 21st Century Act (MAP-21).'' Section
33012 of this legislation required PHMSA to review and analyze SPs that
have been in continuous effect for a 10-year period to determine which
ones may be codified into the HMR.\1\ The legislation also required
PHMSA to issue regulations to adopt any SPs identified as appropriate
for adoption in a final rule by October 1, 2015. The legislation
provided the following factors to consider during review and analysis
to determine suitability for adoption into the HMR:
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    \1\ Although MAP-21 only required PHMSA evaluate SPs that had
been in continuous effect for a 10-year period, PHMSA reviewed all
active SPs as of January 1, 2013.
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    (1) The safety record of the hazardous materials (hazmat)
transported under the SP;
    (2) The application of a SP;
    (3) The suitability of the provisions in the SP for incorporation
into the hazmat regulations; and
    (4) Rulemaking activity in related areas.
    Prior to the passing of the MAP-21 legislation, PHMSA completed
numerous rulemaking actions, through a comprehensive and refined
approach, to convert long-standing SPs with an established safety
record into the HMR.

Following the passage of the MAP-21 legislation, PHMSA modified its
approach to align with the requirements of this legislation.
Specifically, PHMSA established terms of reference and baseline
criteria for the review of long-standing SPs, created tracking tools to
monitor progress, and adopted a methodology and timeline to evaluate
SPs.
    The January 30, 2015 NPRM provided an overview of the SP Program to
date, a detailed review of the requirements of MAP-21 with regard to
this initiative, and a comprehensive explanation of the rationale used
to evaluate these SPs both prior to and after the implementation of
MAP-21. Furthermore, the NPRM described in detail the SPs that were
deemed not suitable for adoption into the HMR along with the
corresponding reasoning, and proposed the adoption into the HMR of SPs
that were deemed suitable through this review. The amendments adopted
from the SPs in this final rule have broad applicability, fit into the
scope of the HMR, increase flexibility in transportation, and provide
an equivalent level of safety to that of the current regulations.

III. Overview

    Historically, PHMSA has reviewed widely used or long-standing
special permits and adopted those that have an established safety
record into the HMR. Since 2008, PHMSA has adopted 94 special permits
under various rulemakings into the HMR, reducing the number of holders
by 13,947. Rulemakings that stemmed from a special permit are noted in
Table 1.
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    \2\ This table represents only published rulemakings since
January 1, 2008.

                                    Table 1--Previous Rulemaking Actions \2\
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                                                                                Number of
            Docket No.                    Title                  Purpose              permits         Holders
----------------------------------------------------------------------------------------------------------------
PHMSA-2006-25910 (HM-218E).......  Miscellaneous Cargo  Amended the HMR to                     2              15
                                    Tank Motor Vehicle   revise certain
                                    and Cylinder         requirements applicable
                                    Issues; Petitions    to the manufacture,
                                    for Rulemaking.      maintenance, and use of
                                                         DOT and MC
                                                         specification cargo
                                                         tank motor vehicles,
                                                         DOT specification
                                                         cylinders and UN
                                                         pressure receptacles.
PHMSA-2008-0005 (HM-215J)........  Revision to          Amended the HMR to                     3               6
                                    Requirements for     maintain alignment with
                                    the Transportation   international standards
                                    of Batteries and     by adopting various
                                    Battery-Powered      amendments, including
                                    Devices; and         changes to proper
                                    Harmonization with   shipping names, hazard
                                    the UN               classes, packing
                                    Recommendations,     groups, special
                                    IMDG Code, and       provisions, packaging
                                    ICAO Technical       authorizations, air
                                    Instructions.        transport quantity
                                                         limitations, and vessel
                                                         stowage requirements.
PHMSA-2009-0151 (HM-218F)........  Miscellaneous        Amended the HMR to make                1               1
                                    Amendments.          miscellaneous revisions
                                                         to update and clarify
                                                         certain regulatory
                                                         requirements.
PHMSA-2009-0289 (HM-233A)........  Incorporation of     Amended the HMR to adopt              44             510
                                    SPs into             provisions contained in
                                    Regulations.         certain widely-used or
                                                         long-standing SPs that
                                                         have an established
                                                         safety record.
PHMSA-2010-0017 (HM-245).........  Incorporation of     Amended the HMR to adopt               6     Over 10,000
                                    Cargo Tank SPs.      provisions contained in
                                                         certain widely-used or
                                                         long-standing cargo
                                                         tank SPs that are
                                                         granted to multiple
                                                         parties and have
                                                         established safety
                                                         records.
PHMSA-2010-0018 (HM-216B)........  Incorporating Rail   Amended the HMR to adopt               7             250
                                    SPs.                 SPs which authorized an
                                                         alternative tank car
                                                         qualification program,
                                                         acceptance of shipping
                                                         paper information by
                                                         voice or electronic
                                                         data interchange,
                                                         provide alternative
                                                         rail car segregation
                                                         requirements for
                                                         explosives, alternative
                                                         tank car design
                                                         requirements, and
                                                         alternative unloading
                                                         provisions for coupled
                                                         tank cars.
PHMSA-2010-0201 HM-254...........  Approval and         Amended the HMR                        2           2,131
                                    Communication        applicable to airbag
                                    Requirements for     inflators, airbag
                                    the Safe             modules and seat-belt
                                    Transportation of    pretensioners by
                                    Airbag Inflators,    authorizing an
                                    Airbag Modules,      alternative review and
                                    and Seat-belt        verification process
                                    Pretensioners.       for these devices, and
                                                         eliminating the current
                                                         requirements to have
                                                         hundreds of these
                                                         devices approved by
                                                         PHMSA prior to shipment.
PHMSA 2011-0138 (HM 218G)........  Miscellaneous        Amended the HMR by                     1               1
                                    Amendments (RRR).    adopting SPs to
                                                         authorize the
                                                         transportation by motor
                                                         vehicle of certain
                                                         regulated medical
                                                         wastes, designated as
                                                         sharps, in non-DOT
                                                         specification
                                                         containers fitted into
                                                         wheeled racks.

PHMSA-2011-0142 (HM-219).........  Miscellaneous        Amended the HMR to no                  1               1
                                    Petitions for        longer require re-
                                    Rulemaking (RRR).    application for a SP to
                                                         place the Dangerous
                                                         Cargo Manifest in
                                                         locations designated by
                                                         the master of the
                                                         vessel besides ``on or
                                                         near the bridge'' while
                                                         the vessel is docked in
                                                         a United States port
                                                         while cargo unloading,
                                                         loading, or handling
                                                         operations are underway
                                                         and the bridge is
                                                         unmanned.
PHMSA-2011-0158 (HM-233C)........  Incorporation of     Amended the HMR to adopt              18             466
                                    Certain SPs and      provisions contained in
                                    Competent            several SPs that
                                    Authorities into     provide greater
                                    Regulations.         regulatory flexibility.
                                                         The SPs in this action
                                                         addressed a variety of
                                                         alternative provisions,
                                                         including alternative
                                                         packaging
                                                         authorizations for
                                                         specific hazardous
                                                         materials (HM), and
                                                         would eliminate
                                                         approval requirements
                                                         for variances in the
                                                         manufacture of
                                                         fiberboard packagings.
PHMSA-2011-0345 (HM-233D) (NPRM).  Requirements for     Proposes to amend the                  9             566
                                    the Safe             HMR by establishing
                                    Transportation of    standards for the safe
                                    Bulk Explosives      transportation of bulk
                                    (RRR).               explosives. This
                                                         rulemaking would also
                                                         be responsive to two
                                                         petitions (P-1557, P-
                                                         1583).
                                                                                -------------------------------
    Total........................  ...................  ........................              94          13,947
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A. MAP-21 Legislation

    Section 33012 of the MAP-21 legislation revised section 5117 (f) of
the Federal Hazardous Materials Transportation Law. As a result of this
legislation, PHMSA was required to review and analyze SPs that have
been in effect for 10 years or more and determine which could be
converted into regulations. Additionally, PHMSA was required to set
parameters for the review and issue regulations to adopt any SPs
identified as appropriate for adoption in a final rule by October 1,
2015. Following publication of this final rule, this process would be
completed annually to ensure appropriate SPs are converted into the HMR
on a consistent basis.
    The legislation also required PHMSA to address other issues related
to the SP and approvals regulations and program processes.
Specifically, PHMSA is required to issue regulations on standard
operating procedures to support administration of the SP and approval
programs. This requirement is being addressed under Docket No. PHMSA
2012-0260 (HM-233E).
    Table 2 summarizes the MAP-21 requirements related to the SP
program, the corresponding rulemaking actions, and required completion
dates:

                                             Table 2--MAP-21 Summary
----------------------------------------------------------------------------------------------------------------
       MAP-21 citation               MAP-21 requirement              Docket No.         Required completion date
----------------------------------------------------------------------------------------------------------------
Sec. 33012
    (a)......................  Rulemaking mandate. PHMSA      PHMSA 2012-0260 (HM-      Final rule due by 10/01/
                                shall issue regulations that   233E).                    2014.
                                establish:
                               (1) Standard operating
                                procedures to support
                                administration of the SP and
                                approval programs; and
                                  (2) Objective criteria to
                                   support the evaluation of
                                   SP and approval
                                   applications.
    (b)......................  Initial review and analysis    PHMSA-2013-0042 (HM-      Review and analysis due
                                of SPs that have been in       233F).                    by 10/01/2013.
                                continuous effect for a 10-
                                year period to determine
                                which ones may be converted
                                into the hazmat regulations.
                                Factors to consider:
                               (1) The safety record of
                                hazmat transported under the
                                SP;
                               (2) The application of a SP;
                               (3) The suitability of
                                provisions in the SP for
                                incorporation into the
                                hazmat regulations; and
                               (4) Rulemaking activity in
                                related areas.
    (b)......................  Rulemaking mandate. Issue      PHMSA-2013-0042 (HM-      Final rule due by 10/01/
                                regulations to incorporate     233F).                    2015.
                                into the hazmat regulations
                                any SPs identified in the
                                initial review and analysis
                                that PHMSA determines are
                                appropriate for
                                incorporation based on the
                                review factors.
    (c)......................  Ongoing review and analysis    Continuous future         Review and analysis due
                                of SPs. Not later than 1       rulemaking actions on a   by 10/01/2015 and to be
                                year after the date on which   yearly basis.             completed on an annual
                                a SP has been in continuous                              basis.
                                effect for a 10-year period,
                                PHMSA shall conduct a review
                                and analysis of that SP to
                                determine whether it may be
                                converted into the hazmat
                                regulations. Factors to
                                consider:
                               (1) The safety record of
                                hazmat transported under the
                                SP;

                               (2) The application of a SP;
                               (3) The suitability of
                                provisions in the SP for
                                incorporation into the
                                hazmat regulations; and
                               (4) Rulemaking activity in
                                related areas.
    (d)......................  Rulemaking mandate. After      Continuous future         Final rule or notice of
                                completing the review and      rulemaking actions on a   no rulemaking decision
                                analysis of SPs that have      yearly basis.             due by 10/01/2016.
                                been in continuous effect
                                for a 10-year period, PHMSA
                                shall either institute a
                                rulemaking to incorporate
                                the SP into the hazmat
                                regulations or publish in
                                the Federal Register its
                                justification for why the SP
                                is not appropriate for
                                incorporation into the
                                regulations.
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B. SP Conversion Project Methodology

    As previously stated, PHMSA has routinely analyzed, evaluated, and
adopted SPs into the HMR through established procedures for decades.
However, the specific provisions contained in MAP-21 necessitated PHMSA
to modify and formalize its approach.
    The following table summarizes the different phases of the Special
Permits Conversion Project (SPCP). Specifically, this table briefly
discusses the efforts of each phase of the project and how the entire
project was divided into the two primary stages of analysis and
rulemaking. Each phase of the SPCP is described in Table 3.

                        Table 3--SPCP Methodology
------------------------------------------------------------------------
               Phase                        Description of action
------------------------------------------------------------------------
Analysis:
    Phase 1: Development of         The SPCP Management team developed a
     Methodology.                    methodology to consistently
                                     evaluate SPs, a system to track
                                     this analysis, sub-teams and sub-
                                     topic areas used to group similar
                                     SPs to be reviewed by the
                                     appropriate subject matter experts,
                                     and timelines and milestones.
    Phase 2: Preliminary Analysis.  An initial review of all SPs was
                                     conducted. SPs were divided by
                                     topics and sub-topics and each
                                     transportation regulations
                                     specialist was assigned a grouping.
                                     These specialists reviewed each
                                     permit and made a determination as
                                     to an SP's suitability for adoption
                                     into the HMR based on guidance
                                     provided by the SPCP Management
                                     team.
    Phase 3: Mentor Review........  The members of the SPCP Management
                                     were assigned topics and conducted
                                     a second review of the SPs deemed
                                     either not suitable or flagged for
                                     further review.
    Phase 4: Team Analysis........  PHMSA then established rulemaking
                                     teams for each topic composed of a
                                     team leader, mentor, and team
                                     members from each PHMSA Division
                                     and our modal partners. These teams
                                     then conducted a second review of
                                     those SPs deemed suitable and those
                                     flagged for follow-up.
Rulemaking:
    Phase 5: Drafting.............  For SPs deemed suitable, the team
                                     drafted regulatory text along with
                                     preamble language justifying
                                     inclusion into the HMR. The
                                     finalized draft of each topic was
                                     then submitted to the SPCP
                                     Management team for final review.
    Phase 6: Consolidate            Following review by the SPCP
     Rulemaking.                     Management team, the topic
                                     rulemakings were then combined into
                                     a master draft along with
                                     additional preamble language,
                                     regulatory analysis, and
                                     information collection activities.
    Phase 7: Rulemaking             The master draft created was then
     Coordination.                   vetted throughout the agency and
                                     with our modal partners. In
                                     addition, the rulemaking was
                                     coordinated with the Office of the
                                     Secretary of Transportation and the
                                     Office of Management and Budget.
    Phase 8: Rulemaking             Following concurrence from all
     Publication.                    entities, PHMSA submitted the NPRM
                                     to the Federal Register for
                                     publication.
    Phase 9: Final Analysis and     The draft Final Rule was then vetted
     Coordination.                   throughout the agency and with our
                                     modal partners. In addition, the
                                     rulemaking was coordinated with the
                                     Office of the Secretary of
                                     Transportation and the Office of
                                     Management and Budget.
    Phase 10: Final Rulemaking      Following concurrence from all
     Publication.                    entities, PHMSA submitted this
                                     Final Rule to the Federal Register
                                     for publication.
------------------------------------------------------------------------

    PHMSA grouped each special permit into one of six topic areas,
based on the utility of the special permit. These topic areas were
established to reflect the main utility and purpose of the SP. These
topic areas of the SPs, an overview of each topic area, and the
affected number of SP holders are detailed in Table 4.

                         Table 4--Topic Overview
------------------------------------------------------------------------
                                                              Holders
             Topic                       Overview          (total #  in
                                                             grouping)
------------------------------------------------------------------------
Cylinders--General.............  The SPs pertaining to               721
                                  cylinders that are
                                  adopted into the HMR
                                  in this final rule
                                  provide exceptions to
                                  existing general
                                  cylinder requirements.
Cylinders--NDT/Aerosols \3\....  The SPs pertaining to               396
                                  acoustic emission (AE)
                                  and ultrasonic
                                  examination (UE)
                                  testing of cylinders
                                  and to aerosols that
                                  are adopted into the
                                  HMR in this final rule
                                  provide exceptions to
                                  existing cylinder
                                  requirements specific
                                  to cylinder non-
                                  destructive testing
                                  (NDT) and aerosols.
Cargo Tanks/Rail Cars/Portable   The SPs pertaining to               321
 Tanks.                           cargo tanks, rail
                                  cars, and portable
                                  tanks that are adopted
                                  into the HMR in this
                                  final rule provide
                                  exceptions to existing
                                  cargo tanks, rail
                                  cars, and portable
                                  tanks requirements.
Operational Air/Vessel.........  The SPs pertaining to               207
                                  operational issues for
                                  aircraft or vessel
                                  transportation that
                                  are adopted into the
                                  HMR in this final rule
                                  provide exceptions to
                                  existing requirements
                                  for vessel and
                                  aircraft shipments.
Operational Highway/Rail/        The SPs pertaining to             1,226
 Shipper/Other.                   operational issues for
                                  highway or rail
                                  transport, shipper
                                  requirements, and
                                  other general areas
                                  that are adopted into
                                  the HMR in this final
                                  rule provide
                                  exceptions to existing
                                  highway and rail
                                  operations, shipper,
                                  and other general
                                  requirements.
Non-Bulk Packaging               The SPs pertaining to               820
 Specifications/IBCs.             non-bulk packagings,
                                  IBCs, and packaging
                                  specifications that
                                  are adopted into the
                                  HMR in this final rule
                                  provide certain
                                  exceptions to the
                                  packaging
                                  specification
                                  requirements.
                                                         ---------------
    Total......................  .......................           3,691
------------------------------------------------------------------------

C. Petitions for Rulemaking

    PHMSA considered several petitions for rulemaking submitted in
accordance with Sec.  106.105. The petitions are discussed as follows:
---------------------------------------------------------------------------

    \3\ For the purposes of this rulemaking Non-Destructive Testing
(NDT) includes Ultrasonic Examination (UE) and Acoustic Emission
(AE).
---------------------------------------------------------------------------

P-1607
    The Council on the Safe Transportation of Hazardous Articles
(COSTHA) submitted a petition for rulemaking under P-1607 which PHMSA
accepted and proposed in the January 30, 2015 NPRM. The purpose of this
petition for rulemaking was to adopt the provisions of SP 11458
authorizing display packs of consumer commodities that exceed the 30 kg
gross weight limitation prescribed for limited quantity packages. See
the discussions in Sec. Sec.  171.8 and 173.56 under the ``Operational
Highway/Rail/Shipper/Other'' heading of this rulemaking.
P-1608
    The Truck Trailer Manufacturers Association (TTMA) submitted a
petition for rulemaking under P-1608 to adopt the provisions of SP
11903 into the HMR. Under P-1608, TTMA petitioned that PHMSA adopt
standards for the construction and use of fiber reinforced plastic
(FRP) cargo tanks. Currently, these tanks are constructed under SP
11903 and used under party status to SP 9166. Other special permits
also address these standards but PHMSA did not propose to adopt them in
the NPRM because a uniform standard for FRP cargo tanks that is ready
for adoption does not exist. However, PHMSA is working to develop a
uniform standard for FRP cargo tanks, which we will address in a future
rulemaking.
P-1610
    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 as 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.
P-1611
    COSTHA submitted a petition for rulemaking under P-1611 to adopt
the provisions of SP 11470 into the HMR. This SP authorizes the
transportation in commerce of shrink-wrapped pallets containing
packages of waste ORM-D materials with the word ``WASTE'' marked on the
outside of the pallet instead of each individual box. This petition was
accepted by PHMSA and is being adopted as proposed in this final rule.
See the discussion in Sec.  173.12 under the ``Operational Highway/
Rail/Shipper/Other'' heading of this preamble.

D. SP Evaluation Results

    PHMSA is committed to the SP adoption process established by
Congress in MAP-21. To ensure that changes made under this action are
as efficient and effective as possible, PHMSA solicited input from its
stakeholders. We used several tables throughout the NPRM to identify
SPs suitable for adoption and those that were deemed not suitable. As
required by MAP-21, the initial review and analysis of SPs considered
the following factors:
     The safety record of hazardous materials transported under
the SP;
     The application of a SP;
     The suitability of provisions in the SP for adoption into
the HMR; and
     Rulemaking activity in related areas.
    Based on these factors, PHMSA developed and assigned codes
representing its reasoning for adopting or not adopting certain SPs
into the regulations. Table 5 explains each code.

                         Table 5--SPCP Code Key
------------------------------------------------------------------------
       Code                Title                    Explanation
------------------------------------------------------------------------
Code 1...........  Suitable for Adoption  SPs suitable for adoption.

Code 2...........  Not Suitable for       SPs not suitable because of
                    Adoption: The          the manner in which applied.
                    application of the     Because the purpose of the
                    SP.                    MAP-21 directive was to
                                           reduce need for SPs where
                                           widely-used, many of these
                                           SPs were not considered
                                           suitable for adoption because
                                           of their application; i.e.,
                                           they were not widely-used,
                                           were too technical in nature,
                                           or were too specific to a SP
                                           holder. This Code was applied
                                           to both single and multiple
                                           holders of SPs.
Code 3...........  Not Suitable for       SPs not suitable for adoption
                    Adoption: The          because of the lack of broad
                    suitability of the     applicability. Similar to
                    provision in the SP    Code 2, many of these SPs
                    for adoption into      were not considered suitable
                    the HMR.               for adoption because of the
                                           specificity of the SP. The
                                           terms of these SPs often
                                           included an inability to
                                           provide the same exception in
                                           a broad manner applicable to
                                           certain geographical
                                           locations or safety controls.
                                           This Code was also applied to
                                           both single and multiple
                                           holders of SPs.
Code 4...........  Not Suitable for       SPs being addressed in other
                    Adoption: Rulemaking   rulemakings.
                    activity in related
                    areas.
Code 5...........  Already adopted or     SPs already adopted or
                    otherwise covered      authorizations already
                    under current          specified in the current HMR.
                    regulations.           For example, these SPs will
                                           be terminated as they are no
                                           longer necessary since the
                                           provisions contained within
                                           have already been adopted or
                                           have been covered under
                                           current regulations.
------------------------------------------------------------------------

    The SPCP evaluated 1,168 permits that represented 3,691 holders of
SPs that were active on January 1, 2013. Once the evaluation segment of
the SPCP was completed, PHMSA identified 98 active SPs that were
suitable for adoption in this proceeding. Since that time, SP-14422 has
become no longer active and its provisions are not adopted in this
final rule. Additionally, SP 4850 is not adopted in this final rule
based on concerns that certain elements in its codification no longer
communicated the exceptions from the HMR provided by the SP. Thus, we
believe any additional burden not proposed in the January 30, 2015 NPRM
would require notice and comment
    Adoption of the 96 SPs in this final rule will impact 832 SP
holders as indicated in Table 6. The SPs adopted in this rulemaking
represent an approximate 8% reduction in the number of active SPs and
an approximate 23% reduction in the number of holders of those SPs as
indicated in Table 6.

                          Table 6--SPCP Impact
------------------------------------------------------------------------
                                                SPs           Holders
------------------------------------------------------------------------
SPs Adopted in this Rulemaking Action...              96             832
Total Number Evaluated..................           1,168           3,691
Percent Reduction.......................           8.22%          22.54%
------------------------------------------------------------------------

    When combined with previous regulatory efforts to adopt SPs into
the HMR, the impact is increased to 190 total SPs adopted since 2008,
affecting 14,779 holders of SPs as indicated in Table 7.

                Table 7--SPs Adopted and Affected Holders
------------------------------------------------------------------------
                                                SPs           Holders
------------------------------------------------------------------------
SPs Eliminated in Previous Rulemaking                 94          13,947
 actions since 2008.....................
SPs Adopted in this Rulemaking Action...              96             832
                                         -------------------------------
    Total...............................             190          14,779
------------------------------------------------------------------------

    It is PHMSA's intent to annually review all SPs that have been in
effect for more than 10 years. Further, PHMSA's ongoing review and
analysis of SPs will use the same methodology and tools as in this
proceeding. PHMSA anticipates that future analysis and review will be
more streamlined due to the reduction in the number of SPs to be
evaluated and the experience gained through this evaluation.

E. SPs Suitable for Adoption

    The original analysis phase of the SPCP NPRM identified 98 SPs (728
holders) that were deemed suitable for adoption. Further, the analysis
phase identified 1,070 SPs that were deemed not suitable for adoption.
Please see the January 30, 2015 NPRM for more information on the SPs
deemed not suitable, their assigned topic area, a summary of the
permit, the number of SP holders, and each corresponding denial code.
In this final rule, Table 8 summarizes the SPs deemed suitable, their
assigned topic area, a summary of the permit, and the number of holders
of SPs. The difference in the number of holders in the NPRM (728) and
this final rule (832) are due to seven SPs proposed for adoption in the
NPRM that are not being adopted in this final rule and four SPs that
were not proposed for adoption in the NPRM that are being adopted in
this final rule. All suitable SPs (96) ultimately adopted were deemed
to be Code 1 and are adopted in this final rule.

                                   Table 8--SPs Suitable for Proposed Adoption
----------------------------------------------------------------------------------------------------------------
           Permit No.                     Category                         Summary                    Holders
----------------------------------------------------------------------------------------------------------------
                                                Cylinders General
----------------------------------------------------------------------------------------------------------------
SP6530.........................  Cylinders General.........  Authorizes transportation in                     26
                                                              commerce of hydrogen and mixtures
                                                              of hydrogen with helium, argon or
                                                              nitrogen, in certain cylinders
                                                              filled to 110% of their marked
                                                              service pressures.
SP8074.........................  Cylinders General.........  Authorizes transportation in                      5
                                                              commerce of certain flammable and
                                                              non-flammable gases in DOT
                                                              specification 3E cylinders
                                                              measuring 2 inches in diameter by
                                                              12 inches long without a safety
                                                              relief device.
SP12084........................  Cylinders General.........  Authorizes use of certain DOT                     1
                                                              specification 4B, 4BA, or 4BW
                                                              cylinders, which are protected
                                                              externally by a suitable corrosion-
                                                              resistant coating (such as
                                                              galvanizing or painting), for
                                                              transportation in commerce of
                                                              certain gases when retested and
                                                              marked in accordance with the
                                                              requirements specified in Sec.
                                                              180.209(e). In lieu of a 5 year
                                                              periodic hydrostatic test, or
                                                              testing in accordance with Sec.
                                                              173.213(c)(2), the prescribed
                                                              cylinders may be retested and
                                                              marked in accordance with Sec.
                                                              180.209(e).
SP12301........................  Cylinders General.........  Authorizes transportation in                      8
                                                              commerce of chloropicrin and
                                                              methyl bromide mixtures in a DOT
                                                              specification 4BW cylinder having
                                                              a capacity greater than that
                                                              specified in Sec.   173.193(b).
SP12782........................  Cylinders General.........  Authorizes transportation in                      5
                                                              commerce of certain DOT
                                                              specification cylinders,
                                                              containing Divisions 2.1, 2.2 or
                                                              2.3 materials, equipped with
                                                              plastic valve protection caps.
SP13318........................  Cylinders General.........  Authorizes transportation in                      2
                                                              commerce of DOT specification 39
                                                              cylinders of 75 cubic inches or
                                                              less volume, except as specified,
                                                              for transportation in commerce of
                                                              certain hazardous materials.
SP13544........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of DOT specification
                                                              4BA240 cylinders containing
                                                              liquefied petroleum gas (LPG) and/
                                                              or residue of LPG without hazard
                                                              warning labels when transported in
                                                              a closed transport vehicle that is
                                                              placarded.
SP13599........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of certain Division 2.2
                                                              materials in certain DOT
                                                              specification seamless steel
                                                              cylinders.
SP14251........................  Cylinders General.........  Authorizes transportation in                      6
                                                              commerce of overpacked cylinders
                                                              containing Class 2 materials with
                                                              CGA C-7 neck ring labels in lieu
                                                              of the standard label.
SP14419........................  Cylinders General.........  Authorizes transportation in                      3
                                                              commerce of pyrophoric liquid
                                                              n.o.s. in DOT specification 3AL
                                                              cylinders that are not authorized
                                                              for that material.
SP14937........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of certain cylinders that
                                                              have requalification markings on a
                                                              label embedded in epoxy in lieu of
                                                              stamping for the transportation of
                                                              various refrigerant gases.
----------------------------------------------------------------------------------------------------------------
                                             Cylinders--NDT/Aerosols
----------------------------------------------------------------------------------------------------------------
SP7951.........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      5
                                                              commerce of certain aerosols
                                                              containing Division 2.2 materials,
                                                              with a charge pressure not
                                                              exceeding 150 psig at 75 [deg]F
                                                              when shipped in a refrigerated
                                                              state.
SP8786.........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      6
                                                              commerce of limited quantities of
                                                              compressed gases, Division 2.2, in
                                                              accumulators which deviate from
                                                              the required retest parameters.
SP11296........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                    128
                                                              commerce of certain waste aerosol
                                                              cans containing flammable gas
                                                              propellants, including isobutane
                                                              and propane, overpacked in a UN1A2
                                                              steel drum or a UN1H2 plastic drum
                                                              for disposal.
SP12573........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale and use of a non-refillable,
                                                              non-DOT specification inside metal
                                                              container conforming with
                                                              regulations applicable to DOT
                                                              specification 2Q, for
                                                              transportation in commerce of
                                                              certain hazardous materials.
SP12995........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of certain DOT 2Q
                                                              specification, non-refillable
                                                              containers containing polyurethane
                                                              foam or foam components that will
                                                              be tested by other means in lieu
                                                              of subjecting each container to a
                                                              hot water bath.
SP13581........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of insecticide aerosol
                                                              fogger in non-DOT specification
                                                              non-refillable inside containers.
SP13601........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale and use of non-DOT
                                                              specification containers for
                                                              transportation in commerce of
                                                              certain non-flammable aerosols
                                                              containing foodstuffs at pressures
                                                              exceeding those authorized.
SP14429........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      2
                                                              commerce of a DOT specification 2P
                                                              non-refillable aluminum in-side
                                                              container which has been leakage
                                                              tested by an automated in-line
                                                              pressure check in lieu of the hot
                                                              water bath specified in the HMR.
SP14440........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of Division 2.1 aerosols
                                                              in certain non-refillable
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test.
SP14503........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosol foodstuffs in
                                                              a non-refillable metal container
                                                              similar to DOT specification 2P
                                                              and 2Q.

SP14544........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of Division 2.1 and 2.2
                                                              hazardous materials in certain non-
                                                              DOT specification and DOT
                                                              specification non-refillable
                                                              aerosol containers which have been
                                                              tested by an alternative method in
                                                              lieu of the hot water bath test.
SP14623........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale, and use of a bag-on-valve,
                                                              non-refillable, aerosol container
                                                              which has been tested by an
                                                              alternative method in lieu of the
                                                              hot water bath test. In lieu of
                                                              the hot water bath, each container
                                                              must be subject to an automated
                                                              pressure test on the line.
SP14625........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container will be
                                                              subject to an automated pressure
                                                              test on the line.
SP14627........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container must be
                                                              subject to an automated pressure
                                                              test on the line.
SP14723........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols containing a
                                                              Division 2.2 compressed gas in
                                                              certain non-refillable aerosol
                                                              containers which are not subject
                                                              to the hot water bath test.
SP14724........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of an aerosol in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container will be
                                                              subject to an automated in-line
                                                              pressure test.
SP14786........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2P
                                                              and 2Q aluminum non-refillable
                                                              inside containers which are leak
                                                              tested by an automated in-line
                                                              pressure check in lieu of the hot
                                                              water bath specified in the HMR.
SP14842........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of consumer commodity
                                                              (pressurized by nitrogen,
                                                              compressed) and aerosols, non-
                                                              flammable, (each not exceeding 1 L
                                                              capacity) in DOT specification 2P
                                                              non-refillable aluminum inside
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test. In
                                                              lieu of the hot water bath, each
                                                              container will be subject to an
                                                              automated pressure test on the
                                                              line.
SP14887........................  Cylinders--NDT/Aerosols...  Authorizes transportation of                      2
                                                              aerosols and consumer commodities
                                                              in commerce of DOT specification
                                                              2P and 2Q metal non-refillable
                                                              inside containers and non-DOT
                                                              specification metal inside
                                                              containers which are leak tested
                                                              by an automated in-line pressure
                                                              check in lieu of the hot water
                                                              bath specified in the HMR.
SP14953........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2Q
                                                              non-refillable aluminum inside
                                                              containers which have been leakage
                                                              tested by an 100% automated in-
                                                              line pressure check in lieu of the
                                                              hot water bath test.
SP15135........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of certain DOT 2P non-
                                                              refillable metal containers
                                                              (containing a laminate bag on
                                                              valve system) which are leak
                                                              tested by an automated in-line
                                                              pressure check in lieu of the
                                                              required hot water bath test.
SP15265........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, mark, sale                1
                                                              and use of non-DOT specification
                                                              bag-on-valve spray packaging
                                                              similar to an aerosol container
                                                              without requiring the hot water
                                                              bath test conforming with all
                                                              regulations applicable to a DOT
                                                              specification 2P or 2Q, except as
                                                              specified herein, for the
                                                              transportation in commerce of
                                                              certain hazardous materials.
SP15427........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, mark, sale                2
                                                              and use of non-refillable inside
                                                              containers which are leak tested
                                                              by an automated in-line pressure
                                                              check in lieu of the hot water
                                                              bath specified in the HMR.
SP15792........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2P
                                                              non-refillable aluminum inside
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test. In
                                                              lieu of the hot water bath, each
                                                              container will be subject to an
                                                              automated pressure test on the
                                                              line.
----------------------------------------------------------------------------------------------------------------
                                      Cargo Tanks/Rail Cars/Portable Tanks
----------------------------------------------------------------------------------------------------------------
SP12039........................  Cargo Tanks/Rail Cars/      Authorizes transportation in                      3
                                  Portable Tanks.             commerce of DOT 113C120W tank cars
                                                              containing ethylene, refrigerated
                                                              liquid, at an internal pressure of
                                                              20 psig instead of the maximum 10
                                                              psig.
SP12576........................  Cargo Tanks/Rail Cars/      Authorizes manufacture, marking,                  1
                                  Portable Tanks.             sale and use of non-DOT
                                                              specification tanks conforming
                                                              with all regulations applicable to
                                                              a DOT specification MC 331 cargo
                                                              tank, except as specified, for
                                                              transportation in commerce of
                                                              certain hazardous materials.
----------------------------------------------------------------------------------------------------------------

                                             Operational Air/Vessel
----------------------------------------------------------------------------------------------------------------
SP11150........................  Operational Air/Vessel....  Authorizes transportation in                      1
                                                              commerce of liquefied petroleum
                                                              gas in DOT specification
                                                              cylinders, secured to transport
                                                              vehicles on passenger ferry
                                                              vessels.
SP11691........................  Operational Air/Vessel....  Authorizes transportation in                     10
                                                              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.
SP13213........................  Operational Air/Vessel....  Authorizes stowage aboard passenger               1
                                                              ferry vessels of private motor
                                                              vehicles such as recreational
                                                              vehicles, with attached cylinders
                                                              of liquefied petroleum gas in
                                                              addition to extra containers of
                                                              gasoline (including camp stove or
                                                              lantern fuel) and portable
                                                              cylinders of liquefied petroleum
                                                              gas.
SP14458........................  Operational Air/Vessel....  Authorizes private motor vehicles                 1
                                                              such as recreational vehicles,
                                                              with attached cylinders of
                                                              liquefied petroleum gas in
                                                              addition to extra containers of
                                                              gasoline (including camp stove or
                                                              lantern fuel) and portable
                                                              cylinders of liquefied petroleum
                                                              gas to be stowed aboard passenger
                                                              ferry vessels.
----------------------------------------------------------------------------------------------------------------
                                     Operational Highway/Rail/Shipper/Other
----------------------------------------------------------------------------------------------------------------
SP7991.........................  Operational Highway/Rail/   Authorizes transportation in                     37
                                  Shipper/Other.              commerce of railroad flagging kits
                                                              of specified construction,
                                                              containing certain Class 1.4 and
                                                              4.1 materials, not subject to the
                                                              HMR.
SP8006.........................  Operational Highway/Rail/   Authorizes certain articles,                      3
                                  Shipper/Other.              explosive, n.o.s., Division 1.4S
                                                              (toy caps) to be offered for
                                                              transportation in commerce without
                                                              labels.
SP9610.........................  Operational Highway/Rail/   Authorizes transportation in                     11
                                  Shipper/Other.              commerce of certain empty
                                                              packagings containing residues of
                                                              Class 1 smokeless powders without
                                                              complete shipping papers and
                                                              placarding.
SP9874.........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors or instrumentation and
                                                              signaling systems such as sensors,
                                                              alarms, and electronic
                                                              surveillance equipment, to observe
                                                              the loading and/or unloading
                                                              operations of hazardous materials
                                                              from production control centers in
                                                              lieu of personnel remaining within
                                                              25 feet of the cargo tanks.
SP10597........................  Operational Highway/Rail/   Authorizes manufacture, marking and               1
                                  Shipper/Other.              sale of temperature controlled
                                                              equipment for use in motor
                                                              vehicles engaged in transportation
                                                              in commerce of Class 3 liquids or
                                                              Division 2.1 gases.
SP10705........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of packages containing
                                                              acrolein, stabilized, Division
                                                              6.1, to be exempted from the
                                                              segregation requirements, when
                                                              shipped by highway.
SP10803........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in
                                                              transportation of Class 3 and
                                                              Class 2.1 materials.
SP10882........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in
                                                              transportation of Class 3 and
                                                              Class 2.1 materials.
SP11043........................  Operational Highway/Rail/   Authorizes transportation in                     79
                                  Shipper/Other.              commerce of Division 2.3 materials
                                                              on the same transport vehicle with
                                                              materials classed as Division 2.1,
                                                              Class 3, Class 4, Class 5, and
                                                              Class 8.
SP11055........................  Operational Highway/Rail/   Authorizes transportation in                      8
                                  Shipper/Other.              commerce of certain hazardous
                                                              materials that meet the criteria
                                                              for Division 6.1, PG I, Hazard
                                                              Zone A in combination packages and
                                                              provides relief from the
                                                              segregation requirements.
SP11078........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of certain nickel-cadmium
                                                              batteries each containing no more
                                                              than 10 ml of liquid potassium
                                                              hydroxide, a Class 8 material, as
                                                              not subject to the HMR.
SP11151........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of combination packages
                                                              containing hazardous wastes that
                                                              are poisonous by inhalation,
                                                              Division 6.1, PG I, Hazard Zone A,
                                                              in the same transport vehicle with
                                                              packages containing hazardous
                                                              materials assigned to Class 3,
                                                              Class 8 or Divisions 4.1, 4.2,
                                                              4.3, 5.1, 5.2.
SP11197........................  Operational Highway/Rail/   Authorizes transportation in                      3
                                  Shipper/Other.              commerce by private carrier of
                                                              restricted quantities of hazardous
                                                              materials that are authorized for
                                                              exception in column 8A of the HMT,
                                                              excluding Class 1, Class 7 and
                                                              Divisions 6.1 and 6.2.
SP11202........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of certain hazardous
                                                              materials across a public road,
                                                              from one part of a plant to
                                                              another, as essentially not
                                                              subject to parts 172 and 173.
SP11356........................  Operational Highway/Rail/   Authorizes reassignment of certain                3
                                  Shipper/Other.              high viscosity flammable liquids
                                                              from Packing Group II to III for
                                                              packagings with a capacity greater
                                                              than 30L.
SP11373........................  Operational Highway/Rail/   Authorizes transportation in                     29
                                  Shipper/Other.              commerce of Division 4.2 (self-
                                                              heating) materials in Packing
                                                              Group II or III on the same
                                                              transport vehicle with Class 8
                                                              liquids when the materials are
                                                              appropriately separated.

SP11458........................  Operational Highway/Rail/   Authorizes transportation in                     16
                                  Shipper/Other.              commerce of display packs of
                                                              consumer commodity packages or
                                                              limited quantities packages that
                                                              exceed the 30 kg gross weight
                                                              limit.
SP11470........................  Operational Highway/Rail/   Authorizes transportation in                     34
                                  Shipper/Other.              commerce of shrink wrapped pallets
                                                              containing boxes of waste ORM-D
                                                              materials with the word ``WASTE''
                                                              marked on the outside of the
                                                              pallet instead of on each
                                                              individual box.
SP11666........................  Operational Highway/Rail/   Authorizes transportation in                     13
                                  Shipper/Other.              commerce of green graphite
                                                              products on open flat-bed truck
                                                              trailers, rail flat cars,
                                                              intermodal freight containers, and
                                                              when unitized by banding to wooden
                                                              runners or pallets.
SP11811........................  Operational Highway/Rail/   Authorizes transportation in                      4
                                  Shipper/Other.              commerce of various household
                                                              wastes without having the quantity
                                                              and unit measurement shown on the
                                                              shipping paper during local pick-
                                                              up operations.
SP11984........................  Operational Highway/Rail/   Authorizes transportation in                     17
                                  Shipper/Other.              commerce of 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.
SP12002........................  Operational Highway/Rail/   Authorizes unloading of tank cars                 1
                                  Shipper/Other.              containing Class 3 materials
                                                              utilizing an alternate procedure
                                                              to remove frozen liquid from
                                                              bottom outlet valves.
SP13190........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              operations of anhydrous ammonia
                                                              from a remote control station in
                                                              place of personnel remaining
                                                              within 7.62 meters (25 feet) of
                                                              cargo tank motor vehicles.
SP13199........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of reconditioned
                                                              (``used'') refrigeration units
                                                              under the provisions of Sec.
                                                              173.306(e).
SP13343........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of certain wetted
                                                              Division 1.1D explosive substances
                                                              in heated cargo vehicles when they
                                                              would likely freeze during
                                                              transport.
SP13424........................  Operational Highway/Rail/   Authorizes use of video cameras and               2
                                  Shipper/Other.              monitors to observe the loading
                                                              and unloading operations of
                                                              various hazardous materials from a
                                                              remote control station in place of
                                                              personnel remaining within 7.62
                                                              meters (25 feet) of cargo tank
                                                              motor vehicles.
SP13484........................  Operational Highway/Rail/   Authorizes DOT specification MC                   2
                                  Shipper/Other.              330, MC 331 and MC 338 cargo tank
                                                              motor vehicles to be loaded with
                                                              certain Division 2.2 liquefied
                                                              gases using specially designed
                                                              hoses in lieu of full time
                                                              attendance by a qualified person
                                                              during loading operations.
SP13959........................  Operational Highway/Rail/   Authorizes use of a video camera                  1
                                  Shipper/Other.              and monitor to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of anhydrous ammonia from a remote
                                                              control room in place of personnel
                                                              remaining within 25 feet of the
                                                              cargo tank motor vehicle.
SP14141........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain Class 3, 8, and 9
                                                              materials in place of personnel
                                                              remaining within 25 feet of a
                                                              cargo tank motor vehicle.
SP14150........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              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.
SP14335........................  Operational Highway/Rail/   Authorizes transportation in                      3
                                  Shipper/Other.              commerce of Division 2.3 Zone A
                                                              materials on the same motor
                                                              vehicle with DOT specification
                                                              packagings containing the residues
                                                              of Divisions 2.1, 2.3, 4.3, 5.1,
                                                              and Classes 3 and 8 materials.
SP14447........................  Operational Highway/Rail/   Authorizes DOT specification cargo                1
                                  Shipper/Other.              tank motor vehicles containing
                                                              certain Division 2.2; 5.1; and
                                                              6.1; Class 3 and 8 hazardous
                                                              materials to be loaded/unloaded
                                                              using specially designed hoses in
                                                              lieu of being attended by a
                                                              qualified person during loading
                                                              and unloading operations.
SP14525........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of certain used
                                                              diatomaceus earth filter material
                                                              not subject to the HMR, except for
                                                              shipping papers and certain
                                                              marking requirements.
SP14618........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale, and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in the
                                                              transportation in commerce of
                                                              Class 3 liquids or Division 2.1
                                                              gases.
SP14680........................  Operational Highway/Rail/   Authorizes use of video cameras and               2
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of spent sulfuric acid in place of
                                                              personnel remaining within 25 feet
                                                              of a cargo tank motor vehicle.
SP14726........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale, and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicle transportation of
                                                              Class 3 and Division 2.1 materials.

SP14822........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors or instrumentation and
                                                              signaling systems such as sensors,
                                                              alarms, and electronic
                                                              surveillance equipment, to observe
                                                              the loading and unloading
                                                              operations of hazardous materials
                                                              from production control centers in
                                                              lieu of personnel remaining within
                                                              25 feet of the cargo tanks.
SP14827........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain corrosive materials in
                                                              place of personnel remaining
                                                              within 25 feet of a cargo tank
                                                              motor vehicle.
SP14840........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain Class 8 materials in
                                                              place of personnel remaining
                                                              within 25 feet of a cargo tank
                                                              motor vehicle.
----------------------------------------------------------------------------------------------------------------
                                     Non-Bulk Packaging Specifications/IBCs
----------------------------------------------------------------------------------------------------------------
SP6614.........................  Non-Bulk Packaging          Authorizes use of polyethylene                   11
                                  Specifications/IBCs.        bottles placed in a polyethylene
                                                              crate for transportation in
                                                              commerce of certain Class 8
                                                              corrosive materials (NA1760,
                                                              UN3266, UN3264, UN3265, UN1791,
                                                              UN1789, and UN2796).
SP8230.........................  Non-Bulk Packaging          Authorizes transportation in                      4
                                  Specifications/IBCs.        commerce of Packing Group I and II
                                                              nitric acids in certain
                                                              combination packagings.
SP9722.........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  2
                                  Specifications/IBCs.        sale and use of UN1H1 plastic
                                                              drums to be used for
                                                              transportation in commerce of
                                                              nitric acid with not more than 40%
                                                              nitric acid.
SP11602........................  Non-Bulk Packaging          Authorizes transportation in                     11
                                  Specifications/IBCs.        commerce of certain Division 4.3
                                                              materials contained in sift-proof
                                                              closed bulk packagings. Water
                                                              reactive solid, n.o.s. (contains
                                                              magnesium, magnesium nitrides)
                                                              4.3, UN2813, PG II or III.
SP11624........................  Non-Bulk Packaging          Authorizes transportation in                    114
                                  Specifications/IBCs.        commerce by motor vehicle, rail
                                                              freight and cargo vessel of
                                                              certain waste paints and paint
                                                              related materials, Class 3, in
                                                              metal or plastic pails, packed in
                                                              cubic yard boxes, dump trailers,
                                                              and roll-off containers.
SP12030........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of battery fluid, acid,
                                                              packaged with a dry storage
                                                              battery in a UN4G fiberboard box
                                                              with a maximum gross weight not
                                                              over 37.0 kg which exceeds the
                                                              weight limitation.
SP12335........................  Non-Bulk Packaging          Authorizes transportation in                      8
                                  Specifications/IBCs.        commerce of certain Division 1.1D
                                                              and 1.4D detonating cords without
                                                              the ends being sealed in
                                                              alternative packaging.
SP12920........................  Non-Bulk Packaging          Authorizes transportation in                     19
                                  Specifications/IBCs.        commerce of certain pyrophoric
                                                              materials in a combination package
                                                              consisting of UN1A2 outer package
                                                              and a UN1A1 inner package.
SP13052........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of UN11G intermediate bulk
                                                              containers (IBCs) for
                                                              transportation in commerce of
                                                              waste paint and related materials.
SP13217........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of gasoline in non-DOT
                                                              specification packages known as
                                                              gasoline dispensers.
SP13548........................  Non-Bulk Packaging          Authorizes transportation in                    125
                                  Specifications/IBCs.        commerce of lead acid batteries
                                                              and packages of battery acid (with
                                                              two different UN numbers) on the
                                                              same vehicle.
SP13796........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of phosphorus, yellow,
                                                              under water in alternate packaging.
SP14137........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of certain hydrochloric
                                                              acid solutions in UN31H1 or
                                                              UN31HH1 intermediate bulk
                                                              containers (IBCs).
SP14213........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  1
                                  Specifications/IBCs.        sale and use of UN1H1 plastic
                                                              drums to be used for
                                                              transportation in commerce of
                                                              nitric acid with not more than 40%
                                                              nitric acid.
SP14712........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  1
                                  Specifications/IBCs.        sale, and use UN11G fiberboard and
                                                              UN13H4 woven plastic, coated and
                                                              with liner flexible intermediate
                                                              bulk containers (IBCs) for use as
                                                              the outer packaging for certain
                                                              Class 3 waste paints.
SP15235........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of UN 11G fiberboard
                                                              intermediate bulk containers
                                                              (IBCs) for use as the outer
                                                              packaging for certain Class 3
                                                              waste paints and waste paint
                                                              related material.
SP15373........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of the specially designed
                                                              combination packagings for
                                                              transportation in commerce of
                                                              certain Class 4.3 materials
                                                              without hazard labels or placards,
                                                              with quantity limits not exceeding
                                                              25 grams.
----------------------------------------------------------------------------------------------------------------

IV. Public Comments

    In the NPRM, PHMSA welcomed comments concerning its proposed
amendments. Specifically, PHMSA was interested in comments from SP
holders (both those deemed suitable and those deemed not suitable for
adoption) that are reviewed for this rulemaking.

    For holders of SPs deemed suitable for adoption, PHMSA requested
comment on our determination. We stated that we were particularly
interested in comments that confirm or refute the suitability, safety,
and general applicability of the SPs. PHMSA also solicited comments on
the regulatory text proposed in this proceeding. Specifically, PHMSA
was interested in comments that address whether the proposed regulatory
text accurately encompasses the requirements of the SP.
    For holders of SPs deemed not suitable for adoption, PHMSA also
requested comment on our determination. We stated that we were
particularly interested in comments that confirm or refute the
suitability, safety, and general applicability of the SPs. We asked
that if you are a holder of a SP that was not proposed to be adopted
but believe it should be, you should submit material to support such an
argument. Specifically, PHMSA requested:
     Information and arguments that support the proposed
adoption including technical and scientific data;
     The impact of the proposed adoption including cost and
benefits;
     The frequency of shipments made under the SP;
     The frequency of hazardous materials incidents (such as
those described in
    Sec. Sec.  171.15 and 171.16) occurring during shipments made under
the SP; and
     Proposed regulatory text.
    Lastly, PHMSA requested comment as it considers a future proposed
requirement for a SP applicant to provide potential regulatory text as
part of each SP application.
    In response to the January 30, 2015 NPRM, PHMSA received 22 sets of
public comments. All were supportive of PHMSA's actions to reduce the
number of active SPs. Specifically, commenters to the NPRM were as
follows in Table 9:

                        Table 9--NPRM Commenters
------------------------------------------------------------------------
                                             Docket reference (http://
                Commenter                       www.regulations.gov)
------------------------------------------------------------------------
PCTI Puerto Rico Inc. (PCTI).............            PHMSA-2013-0042-003
Pepsi Cola Sales and Distribution, Inc.              PHMSA-2013-0042-004
 (PCSD)..................................
United Parcel Service (UPS)..............            PHMSA-2013-0042-006
DS Container (DSC).......................            PHMSA-2013-0042-007
Mauser USA (Mauser)......................            PHMSA-2013-0042-009
Gulf Coast Chemical LLC (Gulf Coast).....            PHMSA-2013-0042-010
Estes-Cox Corporation (Estes-Cox)........            PHMSA-2013-0042-011
Arkema Inc. (Arkema).....................            PHMSA-2013-0042-013
Veolia ES Technical Solutions, LLC                   PHMSA-2013-0042-015
 (Veolia)................................
Council on Safe Transportation of                    PHMSA-2013-0042-016
 Hazardous Articles (COSTHA).............
Rigid Intermediate Bulk Container                    PHMSA-2013-0042-017
 Association of North America (RIBCA-NA).
Air Products and Chemicals, Inc. (Air                PHMSA-2013-0042-018
 Products)...............................
Battery Council International (BCI)......            PHMSA-2013-0042-019
Institute of Makers of Explosives (IME)..            PHMSA-2013-0042-020
The Chlorine Institute (CI)..............            PHMSA-2013-0042-021
Dangerous Goods Advisory Council (DGAC)..            PHMSA-2013-0042-022
Eli Lilly and Company (Eli)..............            PHMSA-2013-0042-023
Consumer Specialty Products Association              PHMSA-2013-0042-024
 (CSPA)..................................
Council on Safe Transportation of                    PHMSA-2013-0042-025
 Hazardous Articles (COSTHA).............
Dow Chemical Company (Dow)...............            PHMSA-2013-0042-026
American Coatings Association (ACA)......            PHMSA-2013-0042-027
Barlen and Associates, Inc. (Barlen).....            PHMSA-2013-0042-028
------------------------------------------------------------------------

A. General/Administrative

    DSC expresses its concern about the disposition of SPs adopted into
the HMR. It asks what happens to SPs once they are adopted into the
HMR, and if there will be a phase-in period. DSC also asks, if the
adoption of a SP is unacceptable to a grantee or grantees, will the SP
still be an available option? It also asks will this rulemaking affect
the application of future SPs.
    PHMSA notes that as the intention of this rulemaking is to adopt
the provisions of certain SPs into the HMR, those affected SPs will be
allowed to expire. However, PHMSA is providing a one-year effective
date to allow current grantees sufficient time to transition from the
provisions of their SPs to the new requirements being adopted into the
HMR. In addition, if the adoption of a SP proves to be unacceptable to
a grantee, a renewal or modification in accordance with 49 CFR 107.121
will still be allowed. This rulemaking will not affect the application
for future SPs as the requirements to apply for a SP are not being
revised, and the SP program will continue as permitted by law. Air
Products asks if PHMSA will provide a timeline/updates for ``other''
rulemaking proceedings that may have SPs under consideration for
adoption in the HMR. PHMSA will continue to provide updates pertaining
to other rulemaking proceedings that may have SPs under consideration
for adoption into the HMR through its existing channels which include
the semi-annual agenda, rulemaking activities, and Federal Register
notices.
    In the NPRM, PHMSA solicited input regarding applicants being
required to submit proposed regulatory text with SP applications. PHMSA
acknowledges mixed support from affected entities on this issue. For
example, Veolia and Dow support adoption of such policy while COSTHA
and ACA do not. IME supports such policy as an option for an applicant.
    IME is concerned that PHMSA will conduct SP reviews for potential
adoption on a biennial basis rather than an annual basis as implied
through MAP-21 legislation. As noted elsewhere in this preamble, PHMSA
intends to perform SP evaluations on an annual basis; however,
rulemaking actions as a result may take more time as necessary.
    Lastly, PHMSA's final regulations issued in its final rule entitled
``Hazardous Materials: Special Permit and Approvals Standard Operating
Procedures and Evaluation Process,'' under Docket No. PHMSA-2012-0260
(HM-233E; 9/10/15, 80 FR 54418, FR Doc. 2015-22617), contain minor

editorial errors in two definitions in adopted in Sec.  107.1
concerning special permits and approvals. PHMSA is correcting those
definitions in this final rule.

B. Cylinders--General

    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
    COSTHA requests that reconsideration be given to adopt portions of
SPs 12726 and 15277 (aircraft fire extinguishers) to allow them to be
described in transportation as UN1044, Fire extinguishers. PHMSA notes
this issue is under consideration in another rulemaking action under
docket PHMSA-2011-0140 (RIN 2137-AE80 (HM-234)). COSTHA also requests
that reconsideration be given to adopt SP 10898 in Sec.  173.306(f)
related to accumulators. Because neither SP was proposed for adoption
in the NPRM, neither SP is being adopted in this final rule.

C. Cylinders--NDT/Aerosols

    CSPA is supportive of the adoption of SP 11296 and its expansion
beyond flammable aerosols only (as proposed in the NPRM).
    CSPA and DSC generally support adoption of SP 12573 (and the
consolidation with SP 13581) as proposed. They are, however, concerned
with the supposed arbitrary increase in reference temperature and
pressure with the new DOT 2Q1 standard currently authorized for
refrigerant gases in Sec.  173.304. DSC suggests a single requirement
of 210 psig at 55 [deg]C (131 [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 [deg]F) would make section
173.304(d) inconsistent with the other sections for the filling of
gases. As noted in the NPRM, PHMSA sought to have consistency where
some sections referred to 54.4 [deg]C (130 [deg]F) and some to 55
[deg]C (131 [deg]F). PHMSA is therefore keeping the reference
temperature used for maximum pressure in a container at 55 [deg]C (131
[deg]F) as proposed in the NPRM. 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 [deg]F) as
authorized in Sec. Sec.  173.304 and 173.306. The burst pressure of the
DOT 2Q1 will have to be raised slightly accordingly to provide for the
same safety factor. This will be discussed in a later section.
    CSPA and DSC generally support adoption of the consolidated SPs
7951, 13601, and 14503 as proposed. They are again, however, concerned
with the increase in reference temperature and pressure. CSPA is also
concerned that the new relationship proposed between a pressure relief
device (PRD) and an end expansion device, and the arbitrary upper
boundaries adopted should instead be simply required to operate prior
to burst. CSPA and DSC suggest as an alternative that ``the requirement
could be defined differently for an end expansion device specifically
versus the PRD using the language in SP 13601 that requires that the
end buckle before burst and that the container not burst below 270
psig.''
    CSPA and DSC correctly point out that the methodology used in the
``if/then'' table for the use of a DOT 2P or DOT 2Q aerosol on page
5439 [of the NPRM] is actually reversed and would lead to not allowing
(by choice) a higher integrity container as a result. PHMSA agrees with
the commenters and is revising the tables in Sec.  173.306 accordingly.
    CSPA generally supports adoption of the new DOT 2Q1 container as
proposed.
    DSC suggests that the new DOT 2P1 specification should be limited
to refrigerated foodstuffs only as prescribed in SPs 13601, 14503, and
7951. Further, DSC recommends that the new DOT 2P1 specification not be
expanded to authorize Division 2.1 flammable gases. However, in its
comments, DSC does not provide support as to why the new DOT 2P1
specification should be limited to refrigerated foodstuffs and Division
2.2 (nonflammable) gases only.
    DSC recommends that foodstuffs in refrigerated DOT 2P1 cans be
excepted, as they currently are under the SPs, from the hot water bath
test. PHMSA notes that refrigerated foodstuffs in aerosol cans under
Sec.  173.306(b) will continue to be excepted from hot water bath
testing when the three SPs are adopted in the HMR.
    CSPA supports consolidation of SPs 14429, 14623, 14625, 14627,
14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427, and
15972 (hot water bath test alternative), SP 14440 (weight test), and SP
14544 (weight and leakage test) as proposed.
    DSC is concerned as to what will happen to SPs once adopted into
the HMR and whether there will be a phase-in period. It asks because of
substantial costs and other impacts due to relabeling of product, etc.
Dow and CSPA support adoption of SP 12995, with Dow asking that
sufficient time be allotted to deplete existing inventory.
    In response, PHMSA notes there is a one-year transition period
provided to affected entities in this final rule. Further, as
prescribed in Sec.  173.23(h), a packaging that is permanently marked
with a SP number, ``DOT-SP'' or ``DOT-E,'' for which the provisions of
the SP have been incorporated into the HMR may continue to be used for
the life of the packaging without obliterating or otherwise removing
the SP number.
Comments Requesting Reconsideration
    CSPA strongly asserts that reconsideration should be given to
adopting SP 11516, which authorizes transportation in commerce of
aerosols that do not meet the HMR definition of an aerosol (e.g.,
expels propellant only). CSPA suggests that PHMSA should adopt the
international United Nations (UN) and the Globally Harmonized System
(GHS) definition of an aerosol. In its comments, CSPA claims that DOT
committed to adopting the international aerosol definition while it was
involved with developing the GHS flammability standard. CSPA also