[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Proposed Rules]
[Page 60017-60036]
[DOCID:fr29se10-29]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2009-0151 (HM-218F)]
RIN 2137-AE46

Hazardous Materials; Miscellaneous Amendments

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to make miscellaneous amendments to the
Hazardous Materials Regulations to update and clarify certain
regulatory requirements. Among other provisions, PHMSA is proposing to
add a labeling exception for ``consolidation bins'' to facilitate use
of bins as a method of consolidating packages for ease of handling when
transported by motor vehicle and to clarify that the definition of
``person,'' as that term is used in the regulations, also includes
persons who manufacture, test, repair, and recondition packaging. PHMSA
also proposes to provide an exception from regulation for permeation
devices containing small amounts of hazardous materials.

DATES: Comments must be received by November 29, 2010.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2009-
0151 (HM-218F) or RIN 2137-AE46 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act

Statement in the Federal Register published on April 11, 2000 (65 FR
19477), or you may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Office of Hazardous
Materials Standards,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    This NPRM is designed to update and clarify existing requirements
by incorporating changes into the Hazardous Materials Regulations (HMR;
49 CFR parts 171-180) based on PHMSA's own initiatives and petitions
for rulemaking submitted in accordance with 49 CFR 106.95. To this end,
PHMSA is proposing to eliminate, revise, clarify and relax certain
regulatory requirements.
    In this NPRM, PHMSA is proposing to:
     Update incorporations by reference of industry consensus
standards issued by the Aluminum Association; the American Society for
Testing and Materials; and the Institute of Makers of Explosives (see
Sec. Sec.  173.63 and 177.835).
     Add a requirement for each applicant to a special permit
under Sec. Sec.  107.105, 107.107, and 107.109 to identify their role
as a shipper (offeror), carrier, or both.
     Revise the definition of ``person'' to include those who
manufacture, test, repair, and recondition packages (see Sec.  171.8).
     Revise the Hazardous Materials Table (HMT) to harmonize
certain entries with international standards (see Sec.  172.101) by
adding and revising certain proper shipping names. Most significantly,
we are adding a new entry ``Formaldehyde solutions (with not less than
10% and less than 25% formaldehyde)'' to clarify requirements
applicable to formaldehyde and formalin with less than 10%
formaldehyde; revising the entry for ``Environmentally hazardous
substances, liquid, n.o.s.'' to provide packaging exceptions for
certain materials that are assigned to UN3082; and adding a new special
provision 176 to Sec.  172.102 to clarify the differences between Class
3 and Class 9 formaldehyde solutions.
     Add a new italicized entry to the HMT for ``Permeation
devices'' referencing a new Sec.  173.175 applicable to permeation
devices to provide an exception for permeation devices containing
hazardous materials. Permeation devices are used for calibrating air
quality monitoring devices for consistency. This change harmonizes the
HMR with the current exception in the international regulations for
these devices.
     Update and clarify hazard communication requirements
applicable to Class 9 label specifications; placard size; IBCs; and
Division 6.2 labels.
     Authorize the use of an alternative bend test for DOT 3AA
and 3AAX steel cylinders.
     Revise Sec.  178.71 to authorize the use of either a proof
pressure or volumetric expansion test as described in the ISO 7866 and
9809 standards.
     Revise Sec.  171.14 transitional provisions to remove
expired transitional provisions and incorporate certain transitional
provisions into the specific sections of the HMR.
     Revise provisions in Sec.  173.56(j) to further clarify
the use of the American Pyrotechnics Association (APA) standard for
classifying and approving fireworks.
     Revise Sec.  172.404 to provide a labeling exception for
consolidation bins used to transport hazardous materials by motor
carrier.
     Revise Sec.  178.345.1 to allow vapors to escape through a
vent or drain.
     Revise Sec.  178.320 cargo tank wall definition.
     Revise Sec.  178.347-1 to clarify that a cargo tank motor
vehicle with a Maximum Allowable Working Pressure (MAWP) greater than
35 psig or designed to be loaded by vacuum must be constructed and
certified in accordance with the ASME Code.
     Revise Sec.  178.347-4 to make a clear distinction between
``designed to be loaded by vacuum'' and ``built to withstand full
vacuum.''

II. Proposals in This NPRM

A. Updated Incorporations by Reference
B. Definition of ``Person''
C. Consolidation Bins
D. Transitional Provisions
E. Reporting Infectious Substances Incidents
F. Hazard Communication for IBCs
G. HMT Revisions
H. Hazard Communication
I. Exclusive Use Vehicles for Regulated Medical Waste (RMW)
J. Fireworks
K. Explosives
L. Rail Transportation of Hazardous Materials
M. Rail Transloading Operations
N. Cylinders
O. Cargo Tanks
P. Permeation Devices
Q. Alcoholic Beverage Exception
R. Special Permits
S. Batteries Containing Sodium or Cells Containing Sodium

A. Updated Incorporations by Reference

    Section 171.7 lists the materials incorporated by reference into
the HMR. In response to a petition for rulemaking (P-1495), PHMSA
reviewed the updated American Society for Testing and Materials
Standard pertaining to the use of an alternate bend test for DOT 3AA
and 3AAX cylinders in accordance with (ASTM E290-97a (2004), ``Standard
Test Methods for Bend Testing for Material for Ductility''). PHMSA also
reviewed the updated Association of American Railroads' (AAR) pamphlet
pertaining to the Intermodal Loading of Products in Closed Trailers and
Containers (AAR Pamphlet 6C); and the updated Institute of Makers of
Explosives' Standard pertaining to the Safe Transportation of
Detonators (IME SLP-22, Recommendations for the Safe Transportation of
Detonators in a Vehicle with Certain Other Explosive Materials, dated
February 2007). PHMSA found no provisions that would impose additional
requirements or would have an adverse impact on safety. Therefore, in
this NPRM, PHMSA is proposing to update the materials incorporated by
reference to include the most recent editions of these standards.

B. Definition of ``Person''

    Section 171.8 lists definitions for commonly used terms in the HMR.
The current definition of ``person'' is inconsistent with the
definition in the Federal hazardous materials transportation law
(Federal hazmat law; 49 U.S.C. 5101 et seq.) in that it does not
include persons who manufacture, repair, or test packaging authorized
for the transportation of hazardous materials. For consistency with the
statutory definition, we are proposing to revise the definition of
``person'' in Sec.  171.8 to include packaging manufacturers as well as
repairers and testers of packaging used for the transportation of
hazardous materials.

C. Consolidation Bins

    Consolidation bins are commonly used by motor carriers to
consolidate and transport hazardous materials packages. Consolidation
bins are not offered by a shipper, rather, they are used by a motor
carrier to consolidate, secure against movement, and provide additional
protection for small packages. Currently, under the provisions of Sec.
172.404(b), a consolidation bin is an outside container and must be
labeled as required for each of the hazardous

materials it contains. The American Trucking Associations (ATA)
petitioned PHMSA (petition number P-1545; Docket Number PHMSA-2009-
0236) to allow motor carriers to use consolidation bins to transport
packages of hazardous materials without having to affix labels to the
consolidation bin for each class of hazardous material contained within
the bin.
    In its petition, ATA suggests that using consolidation bins
promotes safety by reducing damage to packages of hazardous materials,
improves regulatory compliance by ensuring that packages are
effectively blocked and braced on a vehicle, improves transportation
efficiency by minimizing handling of numerous small packages, and
allows packages moving to a specific terminal to be grouped together
and to be transferred more efficiently from one motor vehicle to
another. However, according to ATA, motor carriers are foregoing the
use of consolidation bins because the dynamic nature of motor carrier
operations makes the labeling and un-labeling of the bins
impracticable. ATA gives the following reasons:
     Drivers would have to be trained on when to affix and
remove labels as freight is picked up and dropped off.
     Each motor vehicle would have to be equipped with multiple
sets of all labels, as drivers do not know the hazard classes of
freight they will pick up prior to arriving at the consignor's
facility.
     It is physically difficult to properly affix labels on a
reusable consolidation bin in a manner that ensures they do not come
off while in transportation and then remove those labels as packages
within the bins are delivered.
    ATA states: ``The use of unlabeled consolidation bins will not
compromise the safe transportation of hazardous materials. Hazardous
materials packaging loaded into the consolidation bin will be marked,
labeled, and manifested on a hazardous material shipping paper. While
some of these package labels may not be visible within the
consolidation bin, this situation is identical to the current
transportation of packagings where labels may be obscured by the
position of the package or its placement in the vehicle * * *.'' In its
petition, ATA proposes a new paragraph (c) to Sec.  172.404 to allow a
motor carrier to use an unlabeled consolidation bin for its own
convenience, to include trailer-on-flatcar service, and proposes a
specific definition in Sec.  171.8 for the term ``consolidation bin''.
    In addition to the petition for rulemaking by ATA, PHMSA issued
special permit, DOT-SP 14881, authorizing the use of consolidation bins
without hazard warning labels on the outside of the bins. This special
permit was issued on December 3, 2009 and has been routinely used with
no reported incidents. The special permit requires that the
consolidation bin be marked with an indication of each hazard class or
division within it; that the packages be secured within the bin by
other packages or other suitable means to prevent shifting or
significant relative motion between the packages; that the
consolidation bins be otherwise properly blocked and braced within the
transport vehicle; and that the packages be loaded only by employees of
the motor carrier.
    PHMSA agrees there are safety benefits to using consolidation bins
and that it may be impractical for a motor carrier to label and remove
labels for packages transported in consolidation bins. Therefore, we
are proposing to allow an exception from labeling for consolidation
bins used for the convenience of a motor carrier. However, PHMSA is
concerned that, in the absence of any marking or label on the
consolidation bin, a person other than the person who had placed
packages in the bin may have no indication the bin contains a hazardous
material. To address this concern, and consistent with the terms of the
special permit, we propose to require the bin to be marked in a manner
that indicates it contains a hazardous material. We also propose to
incorporate several provisions of the special permit, including
limiting the size of a consolidation bin to less than 64 cubic feet
capacity, so as not to conflict with hazard communication requirements
for freight containers. We also propose that the consolidation bin must
be reusable, made of materials such as plastic, wood, or metal. PHMSA
is concerned that consolidation bins made of cardboard are not of
sufficient strength to meet the requirements in this proposal.
Accordingly, PHMSA is requesting comments on the use of cardboard and
what standards should be established if cardboard would be authorized
for use, i.e., thickness, wall type, burst strength, etc.
    We also propose that packages may only be placed within the
consolidation bin and the bin be loaded on a motor vehicle by an
employee of a single motor carrier. Additionally, we propose that
consolidation bins may only be transported by a single motor carrier,
or on railcars transporting such vehicles. We believe the proposed
language in Sec.  172.404(c) obviates the need for a separate
definition for ``consolidation bin'' in Sec.  171.8.
    In addition to the proposal to address the ATA petition, we propose
to revise paragraph (b) of Sec.  172.404, to clarify that an outside
container or overpack need not be labeled, if labels on the packages
contained therein are visible, for consistency with the overpack
provisions of Sec.  173.25(a)(2).

D. Transitional Provisions

    Section 171.14 provides transitional provisions for recently
adopted regulatory changes. Most of the provisions in this section are
outdated. Therefore, for better understanding of the transitional
provisions, we are proposing to remove this section and outdated
provisions from the HMR and add the remaining provisions to the
appropriate sections in the HMR to which they apply, as follows:
     Shipping description sequence. Section 171.14(e) permits
the shipping description sequences in effect on December 31, 2006, to
be used until January 1, 2013. In this NPRM, PHMSA proposes to relocate
this transitional provision to Sec.  172.202(b).
     Division 5.2 labels and placards. Section 171.14(f)
authorizes the use of a Division 5.2 label and a Division 5.2 placard
that conform to the label and placard specifications in effect on
December 31, 2006, until January 1, 2011, except for transportation by
highway. For transportation by highway, a Division 5.2 placard
conforming to the specifications in Sec.  172.552 of this subchapter in
effect on December 31, 2006 may be used until January 1, 2014. In this
NPRM, PHMSA is proposing to relocate these transitional provisions to
Sec. Sec.  172.427 and 172.552, respectively.
     Class 3 and Division 6.1 definitions. Section 171.14(g)
authorizes the use of the Class 3 and Division 6.1 classification
criteria and packing group assignments in effect on December 31, 2006,
until January 1, 2012. In this NPRM, PHMSA proposes to relocate these
transitional provisions to Sec. Sec.  173.120 and 173.121 for Class 3
materials and to Sec. Sec.  173.132 and 173.133 for Division 6.1
materials.
     Gasohol. The transitional provision for gasohol in Sec.
171.14(h) would be relocated to a new Special Provision 178 to specify
that effective October 1, 2010, the proper shipping name ``Ethanol and
gasoline mixture or ethanol and motor spirit mixture or ethanol and
petrol mixture,'' and the revised proper shipping name ``Gasohol
gasoline mixed with ethyl alcohol, with not more than 10% alcohol''
must be used, as

appropriate when describing gasoline and ethanol mixtures.

E. Reporting Infectious Substances Incidents

    Section 171.15 establishes requirements for immediate notice of
incidents involving certain hazardous materials incidents. The Centers
for Disease Control and Prevention is no longer accepting calls
providing notice of incidents involving an infectious substance
(etiologic agent). Therefore, we are proposing to remove the
alternative to provide notice to the Centers for Disease Control and
Prevention of incidents involving an infectious substance (etiologic
agent). Specifically, we are proposing to remove the following text
from paragraph (a) referencing the Centers for Disease Control and
Prevention which states: ``Notice involving an infectious substance
(etiologic agent) may be given to the Director, Centers for Disease
Control and Prevention, U.S. Public Health Service, Atlanta, GA, 800-
232-0124 (toll free), in place of notice to the NRC.''

F. Hazard Communication for IBCs

    Section 172.336 requires identification numbers to be displayed on
either orange panels or a plain white square-on-point display
configuration having the same outside dimensions as a placard. Section
172.514 provides an exception to placarding for IBCs which authorizes
IBCs to be labeled rather than placarded. However, there is no
provision in the HMR that allows the proper shipping name and UN number
to be displayed in lieu of displaying the UN number on a placard,
orange panel, or white square-on-point configuration [49 CFR
172.332(a)]. For international transport in accordance with the IMDG
Code, IBCs are not required to display a UN number on a placard or
orange panel. They are, however, required to be marked and labeled as a
package. To comply with both the HMR requirements and IMDG Code
provisions, some shippers are having difficulty fitting all of the
various markings, labels, placards in a steel cage IBC. These IBCs are
constructed with a metal plate and all of the required markings,
labels, placards do not fit in the allowed space on the metal plate;
some must be affixed to the metal boards with clips or other holding
devices which, although secured, run the risk of becoming dislodged
during transportation. To meet all of the necessary requirements, a
shipper may place all of the following items on the IBC: A placard with
the UN number; a hazard label; the proper shipping name and UN number;
and the GHS product labeling requirements. Shippers generally do not
use the UN number on the orange panel because this configuration is too
large for the metal plate.
    For international harmonization, we are proposing to revise Sec.
172.336 by adding a new paragraph (d) to indicate that when a bulk
packaging is labeled instead of placarded in accordance with Sec.
172.514(c), identification numbers may be displayed in accordance with
Sec.  172.301(a)(1). Additionally, we are proposing to revise Sec.
172.514(c)(4) to indicate that IBCs that are labeled on two opposite
sides rather than placarded, are authorized to display the proper
shipping name and UN number in lieu of displaying the UN number on a
placard, orange panel, or white square-on-point configuration.

G. HMT Revisions

    In this NPRM, PHMSA is proposing a number of revisions to the
Hazardous Materials Table (HMT; Sec.  172.101). Proposed changes to the
HMT will appear under two sections of the Table, ``add,'' and
``revise.'' Proposed amendments to the HMT for the purpose of
harmonizing with international standards include, but are not limited
to, the following:
     Section 172.101(c) provides instruction on the use of the
Column (2) list of hazardous materials descriptions and proper shipping
names in the HMT. Included in paragraph (c)(2) is instruction on use of
the word ``or.'' The word ``or'' in italics indicates that there is a
choice of terms in the sequence that may be used as the proper shipping
name or as part of the proper shipping name. We are clarifying this
provision by proposing further instruction on the use of the word
``or.'' For clarification, we are proposing to include examples to
indicate that the term ``or'' authorizes the use of either the first or
the second term in the description of the hazardous materials in the
proper shipping name. For example, the entry ``Carbon dioxide, solid or
Dry ice'' means that either ``Carbon dioxide, solid'' or ``Dry ice''
may be used as the proper shipping name; and, the entry ``Articles,
pressurized pneumatic or hydraulic'' means that either ``Articles,
pressurized pneumatic'' or ``Articles, pressurized hydraulic'' may be
used as the proper shipping name.
     The entries for ``Formaldehyde, solutions'' and
``Formalin'' are sometimes used incorrectly. Formalin is specifically
defined as a 37% aqueous solution of formaldehyde. A 10% formalin
solution and 10% formaldehyde solution are not the same materials for
transport purposes. Many diagnostic and biological samples are
transported by commercial aircraft in formaldehyde solutions of various
concentrations. Some samples transported in 10% or greater formaldehyde
solutions are incorrectly shipped as unregulated materials. Other
samples transported in 3.7% formaldehyde (10% formalin) solutions are
incorrectly shipped as fully regulated hazardous materials. A
formaldehyde solution, with less than 25% but not less than 10%
formaldehyde is a Class 9 material. In this NPRM, PHMSA is proposing to
include a new italicized entry in Column (2) of the HMT for 10%-25%
formaldehyde solutions to enhance understanding of the entries in the
HMT. This new entry will reference the proper shipping names ``Aviation
regulated liquid, n.o.s'' and ``Other regulated substances, liquid,
n.o.s.''
    Formalin is an aqueous solution of formaldehyde and methanol and is
a Class 3 flammable liquid material. The entry ``Formaldehyde
solutions, flammable, UN1198'' is intended for use as a hazardous
materials description for formalin. Note that the less common
``methanol-free'' formalin is not a Class 3 material. Therefore, for
further clarification, we are also proposing to revise the
``Formaldehyde, solutions, flammable entry by adding a new special
provision 176 to specify that the entry is intended for use as proper
shipping name for formaldehyde solutions containing methanol.
     In a final rule, under Docket HM-215I, PHMSA revised the
proper shipping name for ``Regulated medical waste, n.o.s, UN3291'' to
include ``Clinical waste unspecified, n.o.s.'' and ``(BIO) Medical
waste, n.o.s.'' under a combined proper shipping name entry. It has
come to our attention that combining all the proper shipping names
under the one entry makes it difficult to know the other proper
shipping names exist. We are proposing to give each proper shipping
name its own entry in the HMT with a cross reference to the others.
     For the entry ``Battery-powered vehicle or Battery-powered
equipment, UN3171,'' the stowage category ``A'' entry in Column (10A)
was inadvertently omitted. We are proposing to reinstate in Column
(10A) of the HMT stowage category ``A''.
     A new italicized entry ``Permeation devices, containing
dangerous goods, for calibrating air quality monitoring equipment''
will be added referencing Sec.  173.175 to indicate that permeation
devices that contain dangerous goods and are used for calibrating air
quality monitoring devices are not subject to

these requirements provided the conditions are met. This proposed
revision was submitted to PHMSA as a petition for rulemaking (P-1493)
from the URS Corp. requesting harmonization with the international
regulations on the exception for permeation devices in Special
Provision A41 of the ICAO Technical Instructions.
    Section 172.102 lists a number of special provisions applicable to
the transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. For
consistency with international regulations, we propose to amend Sec.
172.102, special provisions, as follows:
     PHMSA is proposing to add a new Special Provision 173 to
provide a specification package exception for certain adhesives,
printing inks, printing ink-related materials, paints, paint- related
materials, and resin solution which are assigned to ``Environmentally
hazardous substances, liquid, n.o.s., UN3082.'' This is consistent with
an exception recently adopted within the UN Model Regulations on the
Transport of Dangerous Goods. The exception adopted by the UN was an
expansion of the current packing provision PP1 of Packing Instruction
P001 of the UN Model Regulations and provides that metal or plastic
packaging for substances of Packing Groups II and III in quantities of
5 liters or less per packaging are not required to be packed in
specification packaging when transported under specific conditions. In
the HM-215J final rule published January 4, 2010 (75 FR 63), PHMSA
indicated that it was evaluating the adoption of these provisions.
PHMSA has completed this review and is proposing to adopt the provision
on the basis that environmentally hazardous paints, adhesives, printing
inks, etc. pose a lesser degree of risk than flammable and corrosive
paints which are already provided this exception in the HMR.

H. Hazard Communication

    Section 172.203(c) provides additional shipping paper description
requirements. PHMSA received a petition for rulemaking (P-1456) from
the AAR to suggest that a shipping paper be required to include a
notation for shipments of non-odorized liquefied petroleum gas (LPG).
Most LPG shipments contain an odorant. Thus, in the event of an
accident involving LPG, emergency responders may assume that no LPG is
leaking if they cannot detect an odor. To ensure that emergency
responders are made aware that a shipment of LPG is not odorized, PHMSA
proposes to revise Sec.  172.203(c) to require a notation that the LPG
shipment does not contain an odorant.
    Section 172.324 provides additional marking requirements for
hazardous materials in non-bulk packaging. For clarification purposes,
in this NPRM, PHMSA proposes to amend this section to require a package
containing a limited quantity that also meets the definition for a
hazardous substance to be marked with the name of the hazardous
substance on the package, in parentheses, in association with the
proper shipping name or the identification number, as applicable.
    Section 172.336 requires identification numbers to be displayed on
either orange panels or a plain white square-on-point display
configuration on transport vehicles and freight containers carrying
hazardous materials. In a petition for rulemaking (P-1392), Vinings
Industries, Inc., has noted that given the size of bulk packaging
covered by the placard-to-label exception and the fact that these
packagings are generally transported in closed vehicles, the same logic
used to justify a small display of the hazard identity (e.g., labels
instead of placards) would support a small, more flexible, display of
the identification number. PHMSA agrees that the petition has merit.
Therefore, in this NPRM, PHMSA proposes to revise Sec.  172.336 by
adding new paragraph (d) to allow the use of smaller identification
markings when a bulk packaging is labeled instead of placarded.
    Section 172.432 describes the Infectious Substance label size and
color and provides an illustration of how it must appear. References to
the Centers for Disease Control (CDC) are no longer required on this
label. Therefore, we are proposing to remove the text that refers to
the CDC on the label. (In U.S.A. Notify Director--CDC, Atlanta, GA 1-
800-232-0124.) We are allowing three years from the effective date of
the final rule to use up existing stocks.
    Section 172.446 describes the Class 9 label specifications,
including size, color, and an illustration of how it must appear. The
Class 9 label specifications illustrated in the HMR is different from
that in the United Nations (UN) and all of the modal regulations in
that it features a thin, horizontal line running across the label at
its midpoint (just at the bottom of the vertical black bars). There is
no similar line in the UN or other international standards. Some
shipments are being delayed and required to be relabeled by European
carriers due to this difference in the Class 9 label specifications. In
an effort to avoid continued frustrated or delayed shipments, in this
NPRM, PHMSA proposes to revise the Class 9 label specifications by
removing the horizontal line running across the label at its midpoint.
We are allowing three years from the effective date of the final rule
to use up existing stocks.
    Section 172.519 establishes general specifications for placards.
Paragraph (c)(1) states that each placard must measure at least 273 mm
(10.8 inches) on each side and must have a solid line inner border
approximately 12.7 mm (0.5 inches) from each edge. For international
harmonization, we are proposing to authorize the use of placards
measuring from 250 mm (9.84 inches) on each side and having a solid
line inner border approximately 12.7 mm (0.5 inches) from each edge.

I. Exclusive Use Vehicles for Regulated Medical Waste (RMW)

    Section 173.134 establishes definitions and exceptions for
infectious substances. Paragraph (c)(2) requires RMW that contains
Category B cultures and stocks to be transported on a vehicle ``used
exclusively'' to transport RMW. In a letter of interpretation issued on
March 19, 2007 (Ref. No. 07-0057), PHMSA clarified that the exception
in Sec.  173.134(c)(2) applies to their shipping scenario when
transporting the various types of medical waste as described below.
PHMSA is proposing to revise Sec.  173.134(c)(2) to incorporate the
clarifications from the March 19, 2007 letter of interpretation.
Specifically, PHMSA is clarifying that the following materials may be
transported on a vehicle used exclusively to transport RMW: (1) Plant
and animal waste regulated by the Animal and Plant Health Inspection
Service (APHIS); (2) waste pharmaceutical materials; (3) laboratory and
recyclable wastes; (4) infectious substances that have been treated to
eliminate or neutralize pathogens; (5) forensic materials being
transported for final destruction; (6) rejected or recalled health care
products; and (7) documents intended for destruction in accordance with
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
requirements.

J. Fireworks

    Section 173.56 specifies the requirements for classification and
approval of new explosives, including fireworks in Sec.  173.56(j). The
section incorporates by reference the APA Standard 87-1 for classifying
and approving fireworks. The text of

Sec.  173.56(j) permits the use of APA Standard 87-1 for determining
fireworks classification as Division 1.3 or 1.4 explosive materials.
The APA standard is also used to classify a pyrotechnic device as 1.1G.
Therefore, we are proposing to delete the words ``Division 1.3 and
1.4'' in the introductory paragraph so that the sentence reads,
``Fireworks may be classed and approved by the Associate Administrator
without prior examination and offered for transportation if the
following conditions are met:''

K. Explosives

    Section 173.60 provides general packaging requirements for shipping
Class 1 (explosive) materials. In a petition for rulemaking (P-1527),
Mr. Alexander Fucito, the petitioner, asks PHMSA to revise the HMR to
allow flexibility in testing and preparation of unpackaged shipments
consisting of large and robust explosive articles. The petitioner
contends that the current thermal stability and drop test requirements
provided by Test Series 4 of the UN Manual of Tests and Criteria are
unsafe and pose an unrealistic burden for persons who transport these
articles. The petitioner asks PHMSA to revise Sec.  173.60(b) to allow
large and robust foreign munitions to be transported in the original,
manufacturer provided, shipping configuration.
    Section 173.60(b)(14) contains the same language as the footnote in
Packaging Instruction 130 for named UN numbers in the UN
Recommendations, Paragraph <IP_ADDRESS>. However, there is a second
paragraph to Paragraph <IP_ADDRESS> that has not yet been incorporated into
the HMR. That paragraph reads: ``Where such large explosive articles
are as part of their operational safety and suitability tests are
subjected to test regimes that meet the intentions of these Regulations
and such tests have been successfully undertaken, the competent
authority may approve such articles to be transported under these
Regulations.'' PHMSA is proposing to add modified text of this
paragraph from the 15th Edition of the UN Recommendations to Sec. Sec.
173.60(b)(14) and 173.62(c) Packing Instruction 130 in the Table of
Packing Methods to provide greater harmonization and account for the
concerns expressed by Mr. Fucito in Petition P-1527.

L. Rail Transportation of Hazardous Materials

    Sections 174.55(a); 174.101(o)(2)(3); 174.112(c)(3), and
174.115(b)(3) establish general handling and loading requirements for
the transportation of hazardous materials by rail. The Bureau of
Explosives (BOE), part of the AAR, was founded in 1907 by the railroad
industry to serve as a self-policing agency to promote the safe
transportation of explosives and other hazardous materials. The BOE
wrote some of the first hazardous materials regulations which were
subsequently adopted and expanded upon by the Interstate Commerce
Commission (ICC) and later the U.S. Department of Transportation. A
number of BOE publications are referenced in the HMR for bulk and non-
bulk shipments of hazardous materials.
    Several of the BOE publications focus on the safe transportation of
non-bulk packages of hazardous materials in trailer-on-flatcar service,
including BOE Pamphlet No. 6, Approved Methods for Loading and Bracing
Carload and Less Than Carload Shipments of Explosives and Other
Hazardous Materials; Pamphlet No. 6A, Approved Methods for Loading and
Bracing Carload Shipments of Military Ammunition and Explosives; and
BOE Pamphlet 6C, Approved Methods for Loading and Bracing Trailers and
Less-Than-Trailer Shipments of Explosives and Other Dangerous Articles
Via Trailer-on-Flat-car and Container-on-Flat-car. Pamphlets 6 and 6A
were last updated in 1976.
    With the increasing use of intermodal methods as the preferred
means of shipping non-bulk packages of hazardous materials, the AAR
subsequently issued the Intermodal Loading Guide for Products in Closed
Trailers and Containers (Guide), replacing BOE Pamphlet 6C, Pamphlet
No. 45, and Circular No. 43-C. This Guide was issued in 1995. Despite
the industry change, BOE Pamphlets 6 and 6A remain in effect and are
referenced in the HMR.
    The Intermodal Loading Guide for Products in Closed Trailers and
Containers is intended to be a comprehensive manual for loading
commodities in trailers and containers for shipment by rail.
Incorporated into this Guide are AAR Circular 43-D, Rules for Governing
the Loading, Blocking and Bracing of Freight in Closed Trailers and
Containers for TOFC/COFC Service, the approved loading and bracing
information contained in AAR Bureau of Explosives Pamphlet 6C, and AAR
Pamphlet No. 45 on general loading in closed trailers and containers.
    The ``General Rules'' as contained in Circular 43-D are issued by
the Association of American Railroads, and have been formulated for the
purpose of providing safe methods of loading in closed trailers or
containers. During normal transportation, trailers and containers may
move in a backwards or reverse direction for all or part of their
journey. Dynamic forces may shift an unsecured load or cause lading to
exert excessive pressure against the front, rear doors, or sides of the
trailer or container. Lading that is improperly blocked and braced can
shift and cause the vehicle to lean on the flatcar. A leaning vehicle
can cause a sideswipe or contribute to a derailment. The loading
methods, as described in the Guide, are approved by the Damage
Prevention and Freight Claim Committee and are minimum industry
acceptance standards that have been evaluated and approved by the
member railroad carriers serving on the committee.
    PHMSA is proposing to revise Part 174 to properly reflect the
current Guide by replacing references to Pamphlet 6C in Sec. Sec.
174.55(a); 174.101(o)(2)(3); 174.112(c)(3); and 174.115(b)(3). At each
of these section references, places where Pamphlets 6 and 6C are
referenced, Pamphlet 6 will remain and Pamphlet 6C will be replaced by
the Intermodal Loading Guide for Products in Closed Trailers and
Containers.

M. Rail Transloading Operations

    Section 174.67 provides general requirements for rail tank car
transloading operations for hazardous materials. In a petition for
rulemaking (P-1481), Musket Corporation requests several revisions to
this section. Specifically, the petitioner asks for clarification of
manhole opening requirements, suggesting that the requirement for
manhole covers to be opened during transloading operations conflicts
with procedures to contain or control vapors during transloading or
unloading operations where venting is accomplished through vapor valves
rather than manhole openings. Additionally, certain companies
pneumatically unload tank cars, and this process cannot be accomplished
with the manhole cover open. In addition, the petitioner notes that the
language requiring manhole covers to be opened during this process
conflicts with regulations from other regulatory bodies, such as the
EPA National Emission Standards for Hazardous Air Pollutants for Source
Categories, Subpart PP. Finally, the petitioner suggests that this
requirement conflicts with a number of air quality control permits that
restrict the amount of emissions companies can vent into the
atmosphere.
    PHMSA agrees that the petition has merit. Therefore, in this NPRM,
PHMSA

proposes to revise Sec.  174.67 to clarify and further address closed
systems in transloading operations. PHMSA proposes that for closed
systems, before a manhole cover or outlet valve cap is removed from a
tank car, the car must be relieved of all interior pressure by cooling
the tank with water or by venting the tank by raising the safety valve
or opening the dome vent at short intervals. However, if venting to
relieve pressure will cause a dangerous amount of vapor to collect
outside the car, venting and unloading must be deferred until the
pressure is reduced by allowing the car to stand overnight, otherwise
cooling the contents, or allow venting to a closed collection system.
These precautions are not necessary when the car is equipped with a
manhole cover that hinges inward or with an inner manhole cover that
does not have to be removed to unload the car, and when pressure is
relieved by piping vapor into a condenser or storage tank.

N. Cylinders

    Section 173.302 provides the requirements for filling cylinders
with non-liquefied (permanent) compressed gases. Section 173.304
provides the requirements for filling cylinders with liquefied
compressed gases. In a final rule under Docket HM-224B, PHMSA added DOT
39 cylinders to the types of cylinders authorized for the
transportation of compressed oxygen and other oxidizing gases aboard
aircraft in Sec. Sec.  173.302 and 173.304. It has come to our
attention that when we included DOT 39 cylinders with the other types
of cylinders, we did not recognize that DOT 39 cylinders have a
different pressure relief device (PRD) setting tolerance than the other
authorized cylinders. Therefore, in this NPRM, we are proposing to
revise paragraph (f)(2) of Sec.  173.302 and paragraph (f)(2) of Sec.
173.304 to prescribe the PRD setting tolerance for DOT 39 cylinders.
    Section 178.35 contains general requirements for specification
cylinders. Paragraphs (c)(4) and (g) require the inspector to complete
certain reports containing the applicable information listed in the
Compressed Gas Association publication, CGA C-11 ``Recommended
Practices for Inspection of Compressed Gas Cylinders at Time of
Manufacture'' and any additional information or markings required by
the applicable specification. These documents must be provided to the
cylinder manufacturer and, upon request, to the purchaser. PHMSA
compliance inspections reveal sometimes these reports are completed
several months after the cylinders are sold. PHMSA is proposing to
consolidate the inspector's reports requirements into paragraph (c)(4).
A new paragraph (g) would be added to clarify the cylinder manufacturer
must have all completed test and certification reports available at or
before the time of delivering the cylinders to the purchaser. In
addition, the manufacturer's report retention requirement in paragraph
(h) would be relocated to paragraph (g) and paragraph (h) would be
removed.
    Section 178.37 sets forth manufacturing specifications for DOT 3AA
and 3AAX seamless steel cylinders, in addition to requirements set
forth in Sec.  173.35. Paragraphs (j) and (l) specify the flatting test
procedures and rejection criteria respectively. PHMSA received a
petition (P-1513) from Worthington Cylinders Corp. requesting a
revision to Sec.  178.37 to authorize the use of an alternate bend test
conducted in accordance with the procedures in ASTM E 290-97a (2004)
for DOT 3AA and 3AAX cylinders. The petitioner states that the proposed
bend test demonstrates ductility of the cylinder with the same accuracy
as the flattening test at a lower cost to cylinder manufacturers. We
agree with the petitioner that the use of the bend test is acceptable
for cylinders. Therefore, we are proposing to revise paragraphs (j) and
(l) in Sec.  178.37 to authorize the use of the bend test.
    Section 178.71 contains design and manufacturing specifications for
UN pressure receptacles, including the specification marking
requirements. PHMSA is proposing to relax the requirements in paragraph
(o)(6) of the HMR to allow the use of a proof pressure test. The ISO
7866 and 9809 standards permit either the proof pressure test or
volumetric expansion test to be used. The volumetric expansion test
measures the cylinder's elastic expansion and assures the cylinder
received a proper heat treatment. However, the ISO standards also
require each cylinder be subjected to a hardness test and a
comprehensive shear wave ultrasonic examination (UE). PHMSA believes
the combination of the proof pressure test, hardness test, and UE
should provide adequate assurance that each cylinder received a proper
heat treatment. In addition, PHMSA is revising paragraph (c)(1) to
include the proof pressure test.

O. Cargo Tanks

    Section 178.345-1(i)(2) establishes general design and construction
requirements for DOT 406 (Sec.  178.346), DOT 407 (Sec.  178.347), and
DOT 412 (Sec.  178.348) cargo tank motor vehicles. Previous
interpretations of this section indicate that a vent must be located as
close to the top centerline of the tank as practicable and the drain as
close to the bottom centerline of the tank as practicable. Through
discussions with industry and enforcement personnel, we have determined
that requiring an opening on top of a cargo tank to vent vapors that
accumulate in the void space may not be the best practice. In many
instances, such as with gasoline, the vapors are heavier than air and
it is not necessary to require cargo tanks to be vented to the
atmosphere through a vent located near the top centerline. Vapors
heavier than air escape through the drain opening. In addition, venting
voids through the top of a cargo tank may cause premature corrosion of
the void space as a result of water penetration. Allowing the vent to
be plugged will also make it easier to identify when there is actually
a leak in the bulkhead. Hazardous materials leaking from the drain will
cause an obvious stain/dirt buildup that, with the top vent plugged,
cannot be a result of water draining from the top vent and must be a
leaking bulkhead.
    To address this problem, in this NPRM, PHMSA proposes to revise
Sec.  178.345-1 to clearly indicate that any void area within the
connecting structure of a cargo tank between double bulk heads must be
vented to the atmosphere through the required drain or through a
separate vent. The proposed revision will ensure that void spaces in
the connecting structure of DOT 406, 407, and 412 cargo tank motor
vehicles are properly vented to allow for the escape of product vapors.
This change also promotes the longevity of the tanks by clarifying that
it is not necessary to place a vent in the top of a void space where
rain water can easily infiltrate the void space and cause corrosion if
the product vapors are heavier than air and will vent through the
drain. This clarification ensures that the vent is located in the most
appropriate location for the material being transported. However, we
urge manufacturers to continue allowing for access to the void space
through the top of the tank. In addition, we suggest the continued
placement of inspection openings of sufficient size and number to
permit proper visual internal inspection of the connecting structure.
    Section 178.320 includes a definition for ``cargo tank wall''--the
cargo tank wall includes those parts of the cargo tank that make up the
primary lading retention structure, including shell, bulkheads, and
fittings and, when closed, yield the minimum volume of the cargo tank
assembly. Confusion has

resulted from the use of ``cargo tank assembly'' in the definition. The
term ``cargo tank assembly'' as used in that definition, is simply
referring to the completed cargo tank motor vehicle. Since ``cargo tank
assembly'' is synonymous with ``cargo tank motor vehicle,'' a term that
is defined in Sec.  178.320, we are proposing to replace the term
``cargo tank assembly'' with ``completed cargo tank motor vehicle.''
    Section 178.347-1(c) requires a cargo tank with a MAWP greater than
35 psig and each tank designed to be loaded by vacuum to be constructed
and certified in accordance with the ASME Code. The wording used for
this requirement has resulted in some confusion. Generally, the ``and''
would mean that a tank would need to be both designed to be loaded by
vacuum and have a MAWP greater than 35 psig to be subject to the
construction and certification requirements of the ASME Code. This is
not the intent of the current requirement. Therefore, we are proposing
to clarify the requirement to clearly state that a cargo tank motor
vehicle with a MAWP greater than 35 psig or designed to be loaded by
vacuum must be constructed and certified in accordance with the ASME
Code, in line with our original intent.
    The introductory text to Sec.  178.347-1(d) requires tanks with a
MAWP of 35 psig or less to be constructed in accordance with the ASME
Code. We are clarifying this requirement to indicate, in line with
Sec.  178.347-1(b), cargo tanks that are designed to withstand full
vacuum but have a MAWP of 35 psig or less and are not designed to be
loaded by vacuum are only required to be constructed in accordance with
the ASME Code. They do not require certification under the ASME Code.
    Section 178.347-4(b) states that vacuum relief devices are not
required for cargo tanks designed to be loaded by vacuum or built to
withstand full vacuum. We are revising this section to make a clear
distinction between the phrase ``designed to be loaded by vacuum'' and
``built to withstand full vacuum.'' If a cargo tank manufacturer
designs a cargo tank ``to withstand full vacuum'' it is only required
to be constructed in accordance with the ASME Code, not certified.
However, a cargo tank that is loaded by vacuum is required to be
constructed and certified in accordance with the ASME Code. The intent
of the final user of the equipment will determine whether a tank will
be vacuum loaded and required to be a certified (``U'' stamped) vessel.
A manufacturer may design a tank to withstand full vacuum to ensure
that it is sufficiently robust to endure the stresses associated with
transportation of hazardous materials, including changes in product
temperatures and the vacuum created during unloading. Designing a tank
to withstand full vacuum does not mean that the tank is actually
equipped to or used in vacuum service.
    Section 180.417(b)(1)(v) requires the minimum thickness of the
cargo tank shell and heads to be noted on inspection and test reports
when the cargo tank is thickness tested in accordance with Sec.
180.407(d)(4), Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.
180.407(i). It has come to our attention that the reference to Sec.
180.407(d)(4), which addresses thickness testing of ring stiffeners or
other appurtenances, is incorrect. After reviewing the final rule to
Docket HM-213 (68 FR 19257; April 18, 2003) and the response to appeals
(68 FR 52363; September 3, 2003), the rules that established current
paragraph (b)(1), it is apparent that the correct reference for this
section should be Sec.  180.407(d)(5), which refers to thickness
testing of corroded or abraded areas of the cargo tank wall. Therefore,
we are proposing to remove the reference to Sec.  180.407(d)(4) in
Sec.  180.417(b)(1)(v) and replace it with the reference to Sec.
180.407(d)(5).

P. Permeation Devices

    Permeation devices are used to calibrate air quality monitoring
equipment. These devices may contain extremely small quantities of
hazardous materials and are subject to Special Provision A41 when
transported by air under the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO TI). Special Provision A41 authorizes the
transportation of permeation devices on aircraft provided stringent
safety requirements are met. International shippers of these devices
are able to take advantage of this special provision. However, no
similar provision exists in the HMR. Therefore, in response to a
petition (P-1493) from the URS Corporation, and to facilitate domestic
and international transportation, we are proposing to add a new Sec.
173.175 on Permeation devices in Part 173 that will authorize the
transportation of permeation devices by aircraft in the same manner as
is provided in Special Provision A41 of the ICAO TI.

Q. Alcoholic Beverage Exception

    Section 173.150 provides for exceptions from regulation for Class 3
flammable liquid material. Specifically, Sec.  173.150(d) provides
exceptions for alcoholic beverages. An alcoholic beverage (as defined
in 27 CFR 4.10 and 5.11) meeting one of three conditions outlined in
Sec.  173.150(d) is not subject to the requirements of the HMR for a
Class 3 flammable liquid material. One of the conditions provides that
the alcoholic beverage must be in an inner packaging of 5 L (1.3
gallons) or less, and for transportation on passenger aircraft, must
conform to Sec.  175.10(a)(4) of the HMR as checked or carry-on baggage
(see Sec.  173.150(d)(2)). This provision for transportation by
passenger aircraft was added in a final rule published on June 21, 2001
(HM-215D; 66 FR 33316) to clarify that alcoholic beverages carried by
passengers or crewmembers must conform to the air passenger and
crewmember exception provided in Sec.  175.10(a)(4). In the final rule,
we stated:

We are revising [Sec.  173.150(d)] by clarifying that alcoholic
beverages containing over 24% alcohol by volume are not excepted
from regulation when transported by a passenger or crewmember on
passenger-carrying aircraft except as provided in [Sec.
175.10(a)(4)].

    This provision for transportation by passenger aircraft was not
intended to restrict cargo transport of an alcoholic beverage in the
same manner as when carried by passengers or crewmembers. Therefore, in
this NPRM, PHMSA is proposing to clarify Sec.  173.150(d)(2) by
specifying that the condition for transportation on passenger aircraft
applies to an alcoholic beverage carried by passengers or crewmembers
and that an alcoholic beverage (of any concentration of alcohol by
volume) in an inner packaging of 5 L (1.3 gallons) or less transported
as cargo on a cargo aircraft or a passenger aircraft is not subject to
the requirements of the HMR.

R. Special Permits

Special Permit Application
    Procedures for applying for special permits are established in 49
CFR part 107.
    In a notice of proposed rulemaking under HM-233B (75 FR 43230; July
23, 2010), PHMSA proposed to incorporate new requirements for
application of a new special permit, party status to a special permit
and renewal of a special permit issued by PHMSA under 49 CFR part 107,
subpart B (Sec. Sec.  107.101 to 107.127). A special permit sets forth
alternative requirements--or a variance--to the requirements in the HMR
in a way that achieves a level of safety at least equal to the level of
safety required under the regulations or that is consistent with the
public interest. Congress expressly authorized DOT to issue these
variances in the Hazardous

Materials Transportation Act of 1975. In this notice, we are proposing
to incorporate an additional requirement for each applicant to identify
whether they are acting as a shipper or a carrier under Sec. Sec.
107.105, 107.107 and 107.109.
    PHMSA conducts a fitness review of each company requesting action
on a special permit including applications for a new special permit.
Current criteria from the Federal Motor Carrier Safety Administration
(FMCSA) require a Satisfactory rating based on a Compliance Review
(with a few exceptions). FMCSA conducts a review of any motor carrier
that does not meet their criteria. Their criteria does not, however,
apply to a company that ships (offers) hazardous materials under the
terms of a special permit and does not perform any carrier function.
The ability of PHMSA to identify a company as a shipper (offeror), a
carrier, or both will facilitate the fitness review process. Therefore,
we are proposing to add a requirement for each applicant to identify
their transport function under Sec. Sec.  107.105, 107.107, and
107.109.
Lab Packs
    In a final rule under docket HM-233A (75 FR 20275; May 14, 2010),
PHMSA adopted amendments to eliminate the need for DOT-SP 13192. This
special permit authorized certain hazardous materials packaged in lab
packs conforming to Sec.  173.12(b) to be excepted from segregation
requirements in parts 174, 176, and 177 of the HMR provided the
materials conform to the segregation requirements in Sec.  173.12(e).
We first issued DOT-SP 13192 in 2001 to consolidate earlier special
permits that allowed different combinations of incompatible materials,
including waste materials, to be transported together on the same
transport vehicle and it has proven to be a safe method of
transportation. In the final rule, we inadvertently left out a proposal
to except lab packs from the requirement in Sec.  172.203(i)(2) of the
HMR which requires the minimum flashpoint if it is 60 [deg]C (140
[deg]F) or below (in [deg]C closed cup (c.c.)) in association with the
basic description when transported by water. This requirement may be
overly restrictive for a lab pack which may contain a number of
hazardous materials with different flashpoints. Instead, for those
materials with a flashpoint of 61 [deg]C or less, DOT-SP 13192
authorized the identification of the lowest flashpoint for all
hazardous materials in the lab pack as a range of less than 23 [deg]C
or 23 [deg]C to 61 [deg]C. In this NPRM, we propose to incorporate this
exception for lab packs transported by cargo vessel thus eliminating
the need for DOT-SP 13192.
    In this same final rule, PHMSA adopted exceptions from segregation
for certain waste hazardous materials in lab packs and non-bulk
packagings consistent with the provisions of DOT-SP 13192. These
exceptions are referenced in the segregation requirements for public
highway transport in Sec.  177.848(c). In making the conforming
amendment to Sec.  177.848(c), we inadvertently prohibited all
cyanides, cyanide mixtures and solutions from being stored, loaded and
transported with acids. The prohibition applies only to those cyanides,
cyanide mixtures and solutions that would generate hydrogen cyanide
when mixed with acids. Therefore, we are proposing to correct this
section by clarifying the segregation conditions.

S. Batteries Containing Sodium or Cells Containing Sodium

    The HMR currently authorize the transport of sodium cells and
batteries under the descriptions ``Batteries containing sodium'' or
``Cells containing sodium'' (UN3292). Section 173.189 limits the types
of hazardous materials which may be contained in such batteries to
sodium, sulfur and polysulfides. Over time, other sodium battery
chemistries have emerged and become more widely used and commonly
transported. For example, some batteries with sodium metal chloride
chemistries use sodium tetrachloroaluminate as a secondary electrolyte.
In this NPRM, PHMSA is proposing to expand the list of authorized
chemistries to include all sodium compounds provided they meet the
criteria specified in Sec.  173.189. This amendment, if adopted, will
align the HMR with the 17th Edition of the UN Model Regulations
effective January 1, 2013.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory
action under section 3(f) Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget (OMB). The proposed
rule is not considered a significant rule under the Regulatory Policies
and Procedures order issued by the U.S. Department of Transportation
(44 FR 11034).
    In this notice, we propose to amend miscellaneous provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. We are also responding to requests from industry
associations to update and add references to standards that are
incorporated in the HMR. PHMSA anticipates the proposals contained in
this rule will have economic benefits to the regulated community. This
NPRM is designed to increase the clarity of the HMR, thereby increasing
voluntary compliance while reducing compliance costs. This NPRM also
proposes to update a number of incorporations by reference to permit
the industry to utilize the most recent versions of industry consensus
standards. Incorporation of material by reference reduces the
regulatory burden on persons who offer hazardous material for
transportation and persons who transport hazardous materials in
commerce. Industry standards developed and adopted by consensus are
accepted and followed by the industry; thus, their inclusion in the HMR
assures that the industry is not forced to comply with a different set
of standards to accomplish the same safety goal.
    Further, the addition of an exception for permeation devices
containing hazardous materials used for calibrating air quality
monitoring devices for consistency with the current exception in the
international regulations for these devices, as well as adding a new
italicized entry to the HMT for ``Permeation devices'' referencing
Sec.  173.175, will result in reduced compliance costs by reducing
regulatory compliance. This exception will also promote international
harmonization. The proposal to provide an exception to labeling for
consolidation bins used to transport hazardous materials by motor
carrier will reduce compliance costs.
    Additionally, this NPRM proposes to add a new Special Provision 173
to provide a specification package exception for certain adhesives,
printing inks, printing ink-related materials, paints, paint-related
materials and resin solution assigned to ``Environmentally hazardous
substances, liquid, n.o.s., UN 3082.'' Overall, the proposals in this
NPRM should reduce regulatory burdens on the regulated community

while increasing flexibility and transportation options.

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt state, local and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The federal hazardous material transportation law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting state, local, and Indian tribe requirements on
certain covered subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous
materials;
    (ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
    (v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
    This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. If adopted, this rule would preempt any state, local, or
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR
107.202(d) as the Federal requirements.)
    Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of
the covered subjects, PHMSA must determine and publish in the Federal
Register the effective date of Federal preemption. That effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
PHMSA proposes the effective date of Federal preemption be 90 days from
publication of a final rule in this matter in the Federal Register.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule would amend miscellaneous provisions in the HMR to
clarify provisions based on our own initiatives and also on petitions
for rulemaking. While maintaining safety, it would relax certain
requirements that are overly burdensome and would update references to
consensus standards that are incorporated in the HMR. The proposed
changes are generally intended to provide relief to shippers, carriers,
and packaging manufacturers, including small entities.
    Consideration of alternative proposals for small businesses. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where it is
possible to do so and still meet the objectives of applicable
regulatory statutes. In the case of hazardous materials transportation,
it is not possible to establish exceptions or differing standards and
still accomplish our safety objectives.
    The impact of this proposed rule is not expected to be significant.
The proposed changes are generally intended to provide relief to
shippers, carriers, and packaging manufactures and testers, including
small entities. Therefore, this proposed rule will not have a
significant economic impact on a substantial number of small entities.
    This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    By proposing to require additional information be included on
certain shipping papers, this proposed rule will result in a minimal
increase in annual paperwork burden and costs under OMB Control No.
2137-0034. PHMSA currently has an approved information collection under
OMB Control No. 2137-0034, ``Hazardous Materials Shipping Papers &
Emergency Response Information'' expiring on May 31, 2011 with
260,000,000 responses and 6,500,834 burden hours. This rule is
proposing to impose new requirements pertaining to Sec.  172.203(c),
additional shipping paper information requirements. We are proposing to
require non-odorized LPG shipments to indicate ``non-odorized'' on the
shipping papers to aid emergency responders in the event of an accident
involving non-odorized shipments of LPG. Since only 5% of LPG shipments
are non-odorized, we anticipate only a minimal increase in burden to
include this additional notation on the shipping paper.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This notice identifies an information collection request that PHMSA
is submitting to OMB for approval based on the proposal in this rule.
PHMSA has developed burden estimates based on the proposed amendment in
this rule. PHMSA estimates that the net information collection and
recordkeeping burden for this proposed requirement would be as follows:
OMB Control No. 2137-0034
    Annual Respondents: 29,850.
    Annual Responses: 29,850.
    Annual Burden Hours: 12.5.
    Annual Costs: $312.50.
    Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., East Building, 2nd Floor,
PHH-10, Washington, DC 20590-0001, Telephone<PHONE_NUMBER>.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires Federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
order Federal agencies to conduct an environmental review considering:
(1) The need for the proposed action; (2) alternatives to the proposed
action; (3) probable environmental impacts of the proposed action and
alternatives; and (4) the agencies and persons consulted during the
consideration process. PHMSA proposes to make miscellaneous amendments
to the HMR based on petitions for rulemaking and PHMSA's own
initiatives. The proposed amendments are intended to update, clarify,
or provide relief from certain existing regulatory requirements to
promote safer transportation practices; eliminate unnecessary
regulatory requirements; finalize outstanding petitions for rulemaking;
facilitate international commerce; and make these requirements easier
to understand.

    Description of Action:
Docket No. PHMSA-2009-0151 (HM-218F), NPRM
    Transportation of hazardous materials in commerce is subject to
requirements in the HMR, issued under authority of Federal hazardous
materials transportation law, codified at 49 U.S.C. 5001 et seq. To
facilitate the safe and efficient transportation of hazardous materials
in international commerce, the HMR provide that both domestic and
international shipments of hazardous materials may be offered for
transportation and transported under provisions of the international
regulations.
    Proposed Amendments to the HMR:
    In this NPRM, PHMSA is proposing to:
    Update Sec.  171.7 incorporations by reference of industry
consensus standards issued by the Aluminum association; the American
Society for Testing ad Materials; and the Institute of Makers of
Explosives.
    Add a requirement for each applicant to a special permit under
Sec. Sec.  107.105, 107.107, and 107.109 to identify their role as a
shipper (offeror), carrier, or both.
    Revise the definition of ``person'' in Sec.  171.8 to include those
who manufacture, test, repair and recondition packages.
    Revise the HMT to harmonize certain entries with international
standards by adding and revising certain proper shipping names. Most
significantly, we are adding a new entry ``Formaldehyde solutions (with
not less than 10% and less than 25% formaldehyde'' to clarify
requirements applicable to formaldehyde and formalin with less than 10%
formaldehyde; revising the entry for ``Environmentally hazardous
substances, liquid, n.o.s.'' to provide packaging exceptions for
certain materials that are assigned to UN 3082; and adding a new
special provision to clarify the differences between Class 3 and Class
9 formaldehyde solutions.
    Add a new Sec.  173.175 applicable to permeation devices to provide
an exception for permeations devices containing hazardous materials
that are used for calibrating air quality monitoring devices for
consistency with the current exception in the international regulations
for these devices; and add a new italicized entry to the HMT for
``Permeation devices'' referencing Sec.  173.175.
    Update and clarify hazard communication requirements applicable to
Class 9 label specifications; placard size; IBCs; and Division 6.2
labels.
    In Sec.  178.37, authorize the use of an alternative bend test for
DOT 3AA and 3AAX steel cylinders.
    In Sec.  178-347-1, clarify that cargo tank motor vehicles that
have a MAWP greater than 35 psig or are designed to be loaded by vacuum
must be constructed and certified in accordance with the ASME Code.
    Revise Sec.  171.14 transitional provisions to remove expired dates
and incorporate certain dates in to the specific sections of the HMR.
    Revise provisions in Sec.  173.56(j) to further clarify the use of
the American Pyrotechnics Association (APA) standard for classifying
and approving fireworks.
    Revise Sec.  172.404 to provide a labeling exception for
consolidation bins used to transport hazardous materials by motor
carrier, and clarify labeling requirements for consolidated packages.
    Alternatives Considered:
    Alternative (1): Do nothing.
    Our goal is to update, clarify and provide relief from certain
existing regulatory requirements to promote safer transportation
practices, eliminate unnecessary regulatory requirements, finalize
outstanding petitions for rulemaking, and facilitate international
commerce. We rejected the do-nothing alternative.
    Alternative (2): Go forward with the proposed amendments to the HMR
in this NPRM.
    This is the selected alternative.
Environmental Consequences
    Hazardous materials are substances that may pose a threat to public
safety or the environment during transportation because of their
physical, chemical, or nuclear properties. The hazardous material
regulatory system is a risk management system that is prevention-
oriented and focused on identifying a safety hazard and reducing the
probability and quantity of a hazardous material release. Hazardous
materials are categorized by hazard analysis and experience into hazard
classes and packing groups. The regulations require each shipper to
classify a material in accordance with these hazard classes and packing
groups; the process of classifying a hazardous material is itself a
form of hazard analysis. Further, the regulations require the shipper
to communicate the material's hazards through use of the hazard class,
packing group, and proper shipping name on the shipping paper and the
use of labels on packages and placards on transport vehicles. Thus, the
shipping paper, labels, and placards communicate the most significant
findings of the shipper's hazard analysis. A hazardous material is
assigned to one of three packing groups based upon its degree of
hazard, from a high hazard, Packing Group I to a low hazard, Packing
Group III material. The quality, damage resistance, and performance
standards of the packaging in each packing group are appropriate for
the hazards of the material transported.
    Under the HMR, hazardous materials are transported by aircraft,
vessel, rail, and highway. The potential for environmental damage or
contamination exists when packages of hazardous materials are involved
in accidents or en

route incidents resulting from cargo shifts, valve failures, package
failures, loading, unloading, collisions, handling problems, or
deliberate sabotage. The release of hazardous materials can cause the
loss of ecological resources (e.g., wildlife habitats) and the
contamination of air, aquatic environments, and soil. Contamination of
soil can lead to the contamination of ground water. For the most part,
the adverse environmental impacts associated with releases of most
hazardous materials are short term impacts that can be reduced or
eliminated through prompt clean up/decontamination of the accident
scene.
Conclusion
    PHMSA proposes to make miscellaneous amendments to the HMR based on
petitions for rulemaking and PHMSA's own initiatives. The proposed
amendments are intended to update, clarify, or provide relief from
certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and make these requirements easier to
understand. The net environmental impact of this proposal will be
positive.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.regulations.gov/search/footer/privacyanduse.jsp.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards are not considered unnecessary obstacles to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. PHMSA
notes the purpose is to ensure the safety of the American public, and
has assessed the effects of this rule to ensure that it does not
exclude imports that meet this objective. As a result, this proposed
rule is not considered as creating an unnecessary obstacle to foreign
commerce.

List of Subjects

49 CFR Part 107

    Hazardous materials transportation, Packaging and containers,
Radioactive.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Rail carriers, Reporting and
recordkeeping.

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 180

    Hazardous materials transportation, Continuing qualification and
maintenance of packaging.
    In consideration of the foregoing, we propose to be amend 49 CFR
Chapter I as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

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

    2. In Sec.  107.105, add new paragraph (c)(11) to read as follows:

Sec.  107.105  Application for special permit

* * * * *
    (c) * * *
    (11) A statement indicating whether the applicant will be acting as
a shipper (offeror), carrier or both under the terms of the special
permit.
* * * * *
    3. In Sec.  107.107, add new paragraph (b)(6) to read as follows:

Sec.  107.107  Application for party status.

* * * * *
    (b) * * *
    (6) A statement indicating whether the applicant will be acting as
a shipper (offeror), carrier or both under the terms of the special
permit.
* * * * *
    4. In Sec.  107.109, add new paragraph (a)(7) to read as follows:

Sec.  107.109   Application for renewal.

    (a) * * *
    (7) A statement indicating whether the applicant will be acting as
a shipper (offeror), carrier or both under the terms of the special
permit.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    6. In Sec.  171.7, in the paragraph (a)(3) table, is amended as
follows:
    a. Under the entry ``The Aluminum Association,'' the organization's
mailing address is revised;
    b. Under the entry ``The American Society for Testing and
Materials,'' the entry ASTM E 290-97a, ``Standard Test Methods for Bend
Testing of Material for Ductility'' is added in appropriate numerical
order;
    c. Under the entry ``Association of American Railroads,'' the entry
``Intermodal Loading Guide for Products in Closed Trailers and
Containers'' is added in appropriate alphabetical order; and
    d. Under the entry ``Institute of Makers of Explosives,'' the entry
``IME Safety Library Publication No. 22,'' IME Standard 22,
``Recommendation for the Safe Transportation of Detonators in a

Vehicle with Certain Other Explosive Materials'' is revised.
    The revisions and additions read as follows:

Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
      Source and name of material               49 CFR reference
------------------------------------------------------------------------
                              * * * * * * *
The Aluminum Association, 1525 Wilson   ................................
 Blvd., Suite 6000, Arlington, VA
 22209, telephone<PHONE_NUMBER>, http://
 www.aluminum.org:
                              * * * * * * *
American Society for Testing and        ................................
 Materials, 100 Barr Harbor Drive,
 West Conshohoken, PA 19428, telephone
 610-832- 9585,http://www.astm.org:
                              * * * * * * *
ASTM E 290-97a Standard Test Methods    178.37.
 for Bend Testing of Material for
 Ductility.
                              * * * * * * *
Association of American Railroads, 425  ................................
 Third Street, SW., Suite 1000,
 Washington, DC 20001, telephone 202-
 639-2100, http://www.aar.org:
                              * * * * * * *
    Intermodal Loading Guide for        174.55; 174.101; 174.112;
     Products in Closed Trailers and     174.115.
     Containers.
                              * * * * * * *
Institute of Makers of Explosives,      ................................
 1120 19th Street, NW., Suite 310,
 Washington, DC 20036-3605, telephone
<PHONE_NUMBER>, http://www.ime.org:
    IME Safety Library Publication No.  173.63; 177.835
     22 (IME Standard 22),
     Recommendation for the Safe
     Transportation of Detonators in a
     Vehicle with Certain Other
     Explosive Materials, February
     2007.
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    7. In Sec.  171.8, the definition of ``Person'' is revised to read
as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Person means an individual, corporation, company, association,
firm, partnership, society, joint stock company; or a government,
Indian tribe, or authority of a government or tribe; that offers a
hazardous material for transportation in commerce, transports a
hazardous material to support a commercial enterprise, or designs,
manufacturers, fabricates, inspects, marks, maintains, reconditions,
repairs, or tests a package, container, or packaging component that is
represented, marked, certified, or sold as qualified for use in
transporting hazardous material in commerce. This term does not include
the United States Postal Service or, for purposes of 49 U.S.C. 5123 and
5124, a Department, agency, or instrumentality of the government.
* * * * *

Sec.  171.14  [Removed and Reserved]

    8. Section 171.14 is removed and reserved.
    9. In Sec.  171.15, paragraph (a) introductory text is revised to
read as follows:

Sec.  171.15  Immediate notice of certain hazardous materials
incidents.

    (a) General. As soon as practical but no later than 12 hours after
the occurrence of any incident described in paragraph (b) of this
section, each person in physical possession of the hazardous material
must provide notice by telephone to the National Response Center (NRC)
on<PHONE_NUMBER> (toll free) or<PHONE_NUMBER> (toll call) or online at
http://www.nrc.uscg.mil. Each notice must include the following
information:
* * * * *

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

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

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

    11. In Sec.  172.101, paragraph (c)(2) is revised and the Hazardous
Materials Table is amended by adding the entries under ``[ADD]'' and
revising entries under ``[REVISE]'' in the appropriate alphabetical
sequence to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (2) Punctuation marks and words in italics are not part of the
proper shipping name, but may be used in addition to the proper
shipping name. The word ``or'' in italics indicates that there is a
choice of terms in the sequence that may alternately be used as the
proper shipping name or as part of the proper shipping name, as
appropriate. For example, for the hazardous materials description
``Carbon dioxide, solid or Dry ice'' either ``Carbon dioxide, solid''
or ``Dry ice'' may be used as the proper shipping name; and for the
hazardous materials description ``Articles, pressurized pneumatic or
hydraulic'' either ``Articles, pressurized pneumatic'' or ``Articles,
pressurized hydraulic'' may be used as the proper shipping name.
* * * * *

                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                (8) Packaging (Sec.   173.***)              (9) Quantity limitations           (10) Vessel stowage
                    materials        Hazard                                                                            -----------------------------------------------------------------------------------------------------------------
 Symbols (1)    descriptions and    class or     Identification          PG          Label codes    Special provisions
                 proper shipping    division        numbers                                          (Sec.   172.102)      Exceptions        Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                      names                                                                                aircraft/rail       only
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
               [ADD].............  ..........  .................  ...............  ...............  ..................  ...............  ...............  ..............  ..............  ..............  ..............  ..............

                                                                                * * * * * * *
               Formaldehyde        ..........  .................  ...............  ...............  ..................  ...............  ...............  ..............  ..............  ..............  ..............  ..............
                solutions (with
                not less than 10%
                and less than 25%
                formaldehyde),
                see Aviation
                regulated liquid,
                n.o.s. or Other
                regulated
                substances,
                liquid, n.o.s..

                                                                                * * * * * * *
               Permeation devices  ..........  .................  ...............  ...............  ..................  ...............  ...............  ..............  ..............  ..............  ..............  ..............
                for calibrating
                air quality
                monitoring
                equipment See
                Sec.   173.175.

                                                                                * * * * * * *
               [REVISE]..........  ..........  .................  ...............  ...............  ..................  ...............  ...............  ..............  ..............  ..............  ..............  ..............

                                                                                * * * * * * *
               Battery-powered              9  UN3171...........  ...............  9..............  134...............  220............  220............  None..........  No limit......  No limit......  A.............  ..............
                vehicle or
                Battery-powered
                equipment.
G............  Environmentally              9  UN3082...........  III............  9..............  8, 146, 173, 335,   155............  203............  241...........  No limit......  No limit......  A.............  ..............
                hazardous                                                                            IB3, T4, TP1,
                substance,                                                                           TP29.
                liquid, n.o.s..

                                                                                * * * * * * *
               Ethanol and                  3  UN3475...........  II.............  3..............  144, 177, 178,      150............  202............  242...........  5 L...........  60 L..........  E.............  ..............
                gasoline mixture                                                                     IB2, T4, TP1.
                or Ethanol and
                motor spirit
                mixture or
                Ethanol and
                petrol mixture,
                with more than
                10% ethanol.

                                                                                * * * * * * *
               Formaldehyde,                3  UN1198...........  III............  3, 8...........  176, B1, IB3, T4,   150............  203............  242...........  5 L...........  60 L..........  A.............  40
                solutions,                                                                           TP1.
                flammable.

                                                                                * * * * * * *
D............  Gasohol gasoline             3  NA1203...........  II.............  3..............  144, 177, 178.....  150............  202............  242...........  5 L...........  60 L..........  E.............  ..............
                mixed with ethyl
                alcohol, with not
                more than 10%
                alcohol.
               Gasoline includes            3  UN1203...........  II.............  3..............  144, 177, 178, B1,  150............  202............  242...........  5 L...........  60 L..........  E.............  ..............
                gasoline mixed                                                                       B33, IB2, T8.
                with ethyl
                alcohol, with not
                more than 10%
                alcohol.

                                                                                * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    12. In Sec.  172.102(c)(1), new Special Provisions 173, 176, 178
are added in appropriate numerical order to read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    Code/Special Provisions
* * * * *
    173 For adhesives, printing inks, printing ink-related materials,
paints, paint-related materials, and resin solutions which are assigned
to UN3082, and do not meet the definition of another hazard class,
metal or plastic packaging for substances of packing groups II and III
in quantities of 5 L (1.3 gallons) or less per packaging are not
required to meet the UN performance package testing when transported:
    a. Except for transportation by aircraft, in palletized loads, a
pallet box or unit load device, (e.g. individual packaging placed or
stacked and secured by strapping, shrink or stretch-wrapping or other
suitable means to a pallet). For vessel transport, the palletized
loads, pallet boxes or unit load devices must be firmly packed and
secured in closed cargo transport units; or
    b. Except for transportation by aircraft, as an inner packaging of
a combination packaging with a maximum net mass of 40 kg (88 pounds).
For transportation by aircraft, as an inner packaging of a combination
packaging with a maximum gross mass of 30 kg when packaged as a limited
quantity in accordance with Sec.  173.27(f) and (j).
* * * * *
    176 This entry must be used for formaldehyde solutions containing
methanol as a stabilizer. Formaldehyde solutions not containing
methanol and not meeting the Class 3 flammable liquid criteria must be
described using a different proper shipping name.
* * * * *
    178 The proper shipping name ``Gasohol gasoline mixed with ethyl
alcohol, with not more than 20 percent alcohol'' in effect on January
28, 2008, may continue to be used until October 1, 2010. Effective
October 1, 2010, the new proper shipping name ``Ethanol and gasoline
mixture or ethanol and motor spirit mixture or ethanol and petrol
mixture,'' and the revised proper shipping name ``Gasohol gasoline
mixed with ethyl alcohol, with not more than 10% alcohol'' must be
used, as appropriate.
* * * * *
    13. In Sec.  172.202, paragraph (b) is revised to read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (b) Except as provided in this subpart, the basic description
specified in paragraphs (a)(1), (2), (3) and (4) of this section must
be shown in sequence with no additional information interspersed. For
example, ``UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II.'' The
shipping description sequences in effect on December 31, 2006, may be
used until January 1, 2013.
* * * * *
    14-15. In Sec.  172.203, paragraph (i)(2) is revised and paragraph
(p) is added to read as follows:

Sec.  172.203  Additional description requirements.

* * * * *
    (i) * * *
    (2) Minimum flashpoint if 60 [deg]C (140 [deg]F) or below (in
[deg]C closed cup (c.c.)) in association with the basic description.
For lab packs packaged in conformance with Sec.  173.12(b) of this
subchapter, an indication that the lowest flashpoint of all hazardous
materials contained in the lab pack is below 23 [deg]C or is less than
23 [deg]C but not more than 60 [deg]C must be identified on the
shipping paper in lieu of the minimum flashpoint.
* * * * *
    (p) Liquefied petroleum gas (LPG). The word ``non-odorized'' must
immediately precede the proper shipping name on a shipping paper when
non-odorized liquefied petroleum gas is offered for transportation.
    16. In Sec.  172.324, paragraph (a) is revised to read as follows:

Sec.  172.324  Hazardous substances in non-bulk packaging.

* * * * *
    (a) If the proper shipping name of a material that is a hazardous
substance does not identify the hazardous substance by name, or if the
package contains a limited quantity marked in accordance with Sec.
172.315, the name of the hazardous substance must be marked on the
package, in parentheses, in association with the proper shipping name
or the identification number as applicable. If the material contains
two or more hazardous substances, at least two hazardous substances,
including the two with the lowest reportable quantities (RQ's), must be
identified. For a hazardous waste, the waste code (e.g., D001), if
appropriate may be used to identify the hazardous substance.
* * * * *
    17. In Sec.  172.336, a new paragraph (d) is added to read as
follows:

Sec.  172.336  Identification numbers; special provisions.

* * * * *
    (d) When a bulk packaging is labeled instead of placarded in
accordance with Sec.  172.514(c) of this subchapter, identification
numbers may be marked on the package in accordance with the marking
requirements of Sec.  172.301(a)(1) of this subchapter.
    18. Section 172.404 is revised to read as follows:

Sec.  172.404  Labels for mixed and consolidated packaging.

    (a) Mixed packaging. When hazardous materials having different
hazard classes are packed within the same packaging, or within the same
outside container or overpack as described in Sec.  173.25 and
authorized by Sec.  173.21 of this subchapter, the packaging, outside
container or overpack must be labeled as required for each class of
hazardous material contained therein.
    (b) Consolidated packaging. When two or more packages containing
compatible hazardous material (see Sec.  173.21 of this subchapter) are
placed within the same outside container or overpack, the outside
container or overpack must be labeled as required for each class of
hazardous material contained therein, unless labels representative of
each hazardous material in the outside container or overpack are
visible.
    (c) Consolidation bins used by a single motor carrier.
Notwithstanding the provisions of paragraph (b) of this section,
labeling of a consolidation bin is not required under the following
conditions:
    (1) The consolidation bin must be reusable, made of materials such
as plastic, wood, or metal and must have a capacity of 64 cubic feet or
less.
    (2) Hazardous material packages placed in the consolidation bin
must be properly labeled in accordance with this subpart;
    (3) Packages must be compatible as specified in Sec.  177.848 of
this subchapter;
    (4) Packages may only be placed within the consolidation bin and
the bin be loaded on a motor vehicle by an employee of a single motor
carrier;
    (5) Packages must be secured within the consolidation bin by other
packages or by other suitable means in such a manner as to prevent
shifting of, or significant relative motion between, the packages that
would likely compromise the integrity of any package;
    (6) The consolidation bin must be clearly and legibly marked on a
tag or

fixed display device with an indication of each hazard class or
division contained within the bin;
    (7) The consolidation bin must be properly blocked and braced
within the transport vehicle; and
    (8) Consolidation bins may only be transported by a single motor
carrier, or on railcars transporting such vehicles.
    18. In Sec.  172.427, paragraph (c) is added to read as follows:

Sec.  172.427  ORGANIC PEROXIDE label.

* * * * *
    (c) A Division 5.2 label conforming to the specifications of this
section in effect on December 31, 2006 may continue to be used until
January 1, 2011.
    19. In Sec.  172.432, paragraph (a) is revised and paragraph (c) is
added to read as follows:

Sec.  172.432  INFECTIOUS SUBSTANCE label.

    (a) Except for size and color, the INFECTIOUS SUBSTANCE label must
be as follows:
[GRAPHIC] [TIFF OMITTED] TP29SE10.003

* * * * *
    (c) Labels conforming to requirements in place on September 30,
2011 may continue to be used until October 1, 2014.
    20. In Sec.  172.446, paragraph (a) is revised and new paragraph
(c) is added to read as follows:

Sec.  172.446  CLASS 9 label.

    (a) Except for size and color, the ``CLASS 9'' (miscellaneous
hazardous materials) label must be as follows:
[GRAPHIC] [TIFF OMITTED] TP29SE10.004

* * * * *
    (c) Labels conforming to requirements in place on September 30,
2011 may continue to be used until October 1, 2014.
    21. In Sec.  172.514, paragraph (c)(4), as amended February 2,
2010, at 75 FR 5392, and effective October 1, 2010, is revised to read
as follows:

Sec.  172.514  Bulk packagings.

* * * * *
    (c) * * *
    (4) An IBC. For an IBC labeled in accordance with subpart E of this
part instead of placarded, the IBC may display the proper shipping name
and UN identification number in accordance with the size requirements
of Sec.  172.302(b)(2) in place of the UN number on an orange panel or
placard.
    22. In Sec.  172.519, paragraph (c)(1) is revised to read as
follows:

Sec.  172.519  General specifications for placards.

* * * * *
    (c) * * *
    (1) Each placard prescribed in this subpart must measure at least
250 mm (9.84 inches) on each side and must have a solid line inner
border approximately 12.7 mm (0.5 inches) from each edge.
* * * * *
    23. In Sec.  172.552, paragraph (c) is added to read as follows:

Sec.  172.552  ORGANIC PEROXIDE placard.

* * * * *
    (c) Except for transportation by highway, a Division 5.2 placard
conforming to the specifications in this section in effect on December
31, 2006 may continue to be used until January 1, 2011. For
transportation by highway, a Division 5.2 placard conforming to the
specifications in this section in effect on December 31, 2006 may
continue to be used until January 1, 2014.

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

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

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

    25. In Sec.  173.56, paragraph (j) introductory text is revised to
read as follows:

Sec.  173.56  New explosives--definition and procedures for
classification and approval.

* * * * *
    (j) Fireworks. Notwithstanding the requirements of paragraph (b) of
this section, fireworks may be classed and approved by the Associate
Administrator without prior examination and offered for transportation
if the following conditions are met:
* * * * *
    26. In Sec.  173.60, paragraph (b)(14) is revised to read as
follows:

Sec.  173.60  General packaging requirements for explosives.

* * * * *
    (b) * * *
    (14) Large and robust explosives articles, normally intended for
military use, without their means of initiation or with their means of
initiation containing at least two effective protective features, may
be carried unpackaged provided that a negative result was obtained in
Test Series 4 of the UN Manual of Tests and Criteria on an unpackaged
article. When such articles have propelling charges or are self-
propelled, their ignition systems must be protected against conditions
encountered during normal transportation. Such unpackaged articles may
be fixed to cradles or contained in crates or other suitable handling,
storage or launching devices in such a way that they will not become
loose during normal conditions of transport and are in accordance with
DOD-approved procedures. When such large explosive articles, as part of
their operational safety and suitability tests, are subjected to
testing that meets the intentions of Test Series 4 of the UN Manual of
Tests and Criteria with successful test results, they may be offered
for transportation in accordance with the requirements prescribed in
(b)(14) above subject to approval by the Associate Administrator.
    27. In Sec.  173.62, in paragraph (c), in the Table of Packing
Methods, Packing Instruction 130, as amended February 2, 2010, at 75 FR
5394, and effective October 1, 2010, is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
      Packing instruction              Inner packaging         Intermediate  packaging       Outer packaging
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
130............................  Not necessary.............  Not necessary.............  Boxes.
PARTICULAR PACKING REQUIREMENTS
 OR EXCEPTIONS:
    1. The following applies to  ..........................  ..........................  Steel (4A). Wood
     UN 0006, 0009, 0010, 0015,                                                           natural, ordinary
     0016, 0018, 0019, 0034,                                                              (4C1). Plywood (4D).
     0035, 0038, 0039, 0048,                                                              Reconstituted wood
     0056, 0137, 0138, 0168,                                                              (4F). Fiberboard (4G).
     0169, 0171, 0181, 0182,                                                              Plastics, expanded
     0183, 0186, 0221, 0238,                                                              (4H1). Plastics, solid
     0243, 0244, 0245, 0246,                                                              (4H2). Drums. Steel,
     0254, 0280, 0281, 0286,                                                              removable head (1A2).
     0287, 0297, 0299, 0300,                                                              Aluminum, removable
     0301, 0303, 0321, 0328,                                                              head (1B2). Plywood
     0329, 0344, 0345, 0346,                                                              (1D). Fiber (1G).
     0347, 0362, 0363, 0370,                                                              Plastics, removable
     0412, 0424, 0425, 0434,                                                              head (1H2). Large
     0435, 0436, 0437, 0438,                                                              Packagings. Steel
     0451, 0459 and 0488. Large                                                           (50A). Aluminum (50B).
     and robust explosives                                                                Metal other than steel
     articles, normally                                                                   or aluminum (50N).
     intended for military use,                                                           Rigid plastics (50H).
     without their means of                                                               Natural wood (50C)
     initiation or with their                                                             Plywood (50D).
     means of initiation                                                                  Reconstituted wood
     containing at least two                                                              (50F). Rigid
     effective protective                                                                 fiberboard (50G).
     features, may be carried
     unpackaged. When such
     articles have propelling
     charges or are self-
     propelled, their ignition
     systems must be protected
     against stimuli
     encountered during normal
     conditions of transport. A
     negative result in Test
     Series 4 on an unpackaged
     article indicates that the
     article can be considered
     for transport unpackaged.
     Such unpackaged articles
     may be fixed to cradles or
     contained in crates or
     other suitable handling
     devices.
    2. Subject to approval by
     the Associate
     Administrator, large
     explosive articles, as
     part of their operational
     safety and suitability
     tests, subjected to
     testing that meets the
     intentions of Test Series
     4 of the UN Manual of
     Tests and Criteria with
     successful test results,
     may be offered for
     transportation in
     accordance with the
     requirements of this
     subchapter.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    28. In Sec.  173.120, paragraph (e) is added to read as follows:

Sec.  173.120  Class 3--Definitions.

* * * * *
    (e) Transitional provisions. The Class 3 classification criteria in
effect on December 31, 2006, may continue to be used until January 1,
2012.
    29. In Sec.  173.121, paragraph (c) is added to read as follows:

Sec.  173.121  Class 3--Assignment of packing group.

* * * * *
    (c) Transitional provisions. The criteria for packing group
assignments in effect on December 31, 2006, may continue to be used
until January 1, 2012.
    30. In Sec.  173.132, paragraph (e) is added to read as follows:

Sec.  173.132  Class 6, Division 6.1--Definitions.

* * * * *
    (e) Transitional provisions. The Division 6.1 classification
criteria in effect on December 31, 2006, may continue to be used until
January 1, 2012.
    31. In Sec.  173.133, paragraph (c) is added to read as follows:

Sec.  173.133  Assignment of packing group and hazard zones for
Division 6.1 materials.

* * * * *
    (c) Transitional provisions. The Division 6.1 criteria for packing
group assignments in effect on December 31, 2006, may continue to be
used until January 1, 2012.
    32. In Sec.  173.134, paragraph (c)(2) is revised to read as
follows:

Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (c) * * *
    (2) The following materials may be offered for transportation and
transported as a regulated medical waste when packaged in a rigid non-
bulk packaging conforming to the general packaging requirements of
Sec. Sec.  173.24 and 173.24a and packaging requirements specified in
29 CFR

1910.1030 and transported by a private or contract carrier in a vehicle
used exclusively to transport regulated medical waste:
    (i) Waste stock or culture of a Category B infectious substance;
    (ii) Plant and animal waste regulated by the Animal and Plant
Health Inspection Service (APHIS);
    (iii) Waste pharmaceutical materials;
    (iv) Laboratory and recyclable wastes;
    (v) Infectious substances that have been treated to eliminate or
neutralize pathogens;
    (vi) Forensic materials being transported for final destruction;
    (vii) Rejected or recalled health care products;
    (viii) Documents intended for destruction in accordance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
requirements; and
    (ix) Medical or clinical equipment and laboratory products provided
they are properly packaged and secured against exposure or
contamination. Sharps containers must be securely closed to prevent
leaks or punctures.
* * * * *
    33. In Sec.  173.150, revise paragraph (d)(2) to read as follows:

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

* * * * *
    (d) * * *
    (2) Is in an inner packaging of 5 L (1.3 gallons) or less, unless
carried by a passenger or crewmember aboard a passenger aircraft, then
it must conform to Sec.  175.10(a)(4) of this subchapter as checked or
carry-on baggage; or
* * * * *
    34. Add Sec.  173.175 to read as follows:

Sec.  173.175  Permeation devices.

    Permeation devices that contain hazardous materials and that are
used for calibrating air quality monitoring devices are not subject to
the requirements of this subchapter provided the following requirements
are met:
    (a) Each device must be constructed of a material compatible with
the hazardous materials it contains;
    (b) The total contents of hazardous materials in each device is
limited to 2 ml (0.07 ounces) and the device must not be liquid full at
55 [deg]C (131 [deg]F);
    (c) Each permeation device must be placed in a sealed, high impact
resistant, tubular inner packaging of plastic or equivalent material.
Sufficient absorbent material must be contained in the inner packaging
to completely absorb the contents of the device. The closure of the
inner packaging must be securely held in place with wire, tape or other
positive means;
    (d) Each inner packaging must be contained in a secondary packaging
constructed of metal, or plastic having a minimum thickness of 1.5 mm
(0.06 inches). The secondary packaging must be hermetically sealed;
    (e) The secondary packaging must be securely packed in strong outer
packaging. The completed package must be capable of withstanding,
without breakage or leakage of any inner packaging and without
significant reduction in effectiveness:
    (i) The following free drops onto a rigid, non resilient, flat and
horizontal surface from a height of 1.8 m (5.9 feet):
    (A) One drop flat on the bottom;
    (B) One drop flat on the top;
    (C) One drop flat on the long side;
    (D) One drop flat on the short side;
    (E) One drop on a corner at the junction of three intersecting
edges; and
    (ii) A force applied to the top surface for a duration of 24 hours,
equivalent to the total weight of identical packages if stacked to a
height of 3 m (10 feet) (including the test sample).
    (iii) Each of the above tests may be performed on different but
identical packages.
    (f) The gross mass of the completed package must not exceed 30 kg.
    35. In Sec.  173.189, the first sentence of paragraph (a) is
revised to read as follows:

Sec.  173.189  Batteries containing sodium or cells containing sodium.

    (a) Batteries and cells may not contain any hazardous material
other than sodium, sulfur or sodium compounds (e.g., sodium
polysulfides, sodium tetrachloroaluminate, etc.). * * *
* * * * *
    36. In Sec.  173.302, revise paragraph (f)(2)(i) and (ii) and add
paragraph (f)(2)(iii) to read as follows:

Sec.  173.302  Filling of cylinders with nonliquefied (permanent)
compressed gases.

* * * * *
    (f) * * *
    (2) * * *
    (i) The rated burst pressure of a rupture disc for DOT 3A, 3AA,
3AL, and 3E cylinders, and UN pressure receptacles conforming to ISO
9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of
the cylinder minimum test pressure with a tolerance of plus zero to
minus 10%;
    (ii) The rated burst pressure of a rupture disc for a DOT 3HT
cylinder must be 90% of the cylinder minimum test pressure with a
tolerance of plus zero to minus 10%; and
    (iii) The rated burst pressure of a rupture disc for a DOT 39
cylinder must be 100% of the cylinder minimum test pressure with a
tolerance of plus 5 to minus 10%.
* * * * *
    37. In Sec.  173.304, revise paragraph (f)(2)(i) and (ii) and add
paragraph (f)(2)(iii) to read as follows:

Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (f) * * *
    (2) * * *
    (i) The rated burst pressure of a rupture disc for DOT 3A, 3AA,
3AL, and 3E cylinders, and UN pressure receptacles conforming to ISO
9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of
the cylinder minimum test pressure with a tolerance of plus zero to
minus 10%;
    (ii) The rated burst pressure of a rupture disc for a DOT 3HT
cylinder must be 90% of the cylinder minimum test pressure with a
tolerance of plus zero to minus 10%; and
    (iii) The rated burst pressure of a rupture disc for a DOT 39
cylinder must be 100% of the cylinder minimum test pressure with a
tolerance of plus 5 to minus 10%.
* * * * *

PART 174--CARRIAGE BY RAIL

    38. The authority citation for part 174 continues to read as
follows:

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

    39. In Sec.  174.55, paragraph (a) is revised to read as follows:

Sec.  174.55  General requirements.

    (a) Each package containing a hazardous material being transported
by rail in a freight container or transport vehicle must be loaded so
that it cannot fall or slide and must be safeguarded in such a manner
that other freight cannot fall onto or slide into it under conditions
normally incident to transportation. When this protection cannot be
provided by using other freight, it must be provided by blocking and
bracing. For examples of blocking and bracing in freight containers and
transport vehicles, see Bureau of Explosives Pamphlet No. 6 and the
Intermodal Loading Guide for Products in Closed Trailers and Containers
(IBR, see Sec.  171.7 of this subchapter).
* * * * *
    40. In Sec.  174.67, paragraphs (a)(6), (b) introductory text,
(b)(1), and (c) introductory text are revised to read as follows:

Sec.  174.67  Tank car unloading.

* * * * *
    (a) * * *
    (6) Before a manhole cover or outlet valve cap is removed from a
tank car, the car must be relieved of all interior pressure by cooling
the tank with water or by venting the tank by raising the safety valve
or opening the dome vent at short intervals. However, if venting to
relieve pressure will cause a dangerous amount of vapor to collect
outside the car, venting and unloading must be deferred until the
pressure is reduced by allowing the car to stand overnight, otherwise
cooling the contents, or venting to a closed collection system. These
precautions are not necessary when the car is equipped with a manhole
cover which hinges inward or with an inner manhole cover which does not
have to be removed to unload the car, and when pressure is relieved by
piping vapor into a condenser or storage tank.
    (b) After the pressure is released, for unloading processes that
require the removal of the manhole cover, the seal must be broken and
the manhole cover removed as follows:
    (1) Screw type. The cover must be loosened by placing a bar between
the manhole cover lug and knob. After two complete turns, so that the
vent openings are exposed, the operation must be stopped, and if there
is any sound of escaping vapor, the cover must be screwed down tightly
and the interior pressure relieved as prescribed in paragraph (a)(6) of
this section, before again attempting to remove the cover.
* * * * *
    (c) When the car is unloaded through a bottom outlet valve, for
unloading processes that require the removal of the manhole cover, the
manhole cover must be adjusted as follows:
* * * * *
    41. In Sec.  174.101, paragraphs (o)(2) and (o)(3) are revised to
read as follows:

Sec.  174.101   Loading Class 1 (explosive) materials.

* * * * *
    (o) * * *
    (2) Each truck body or trailer must be secured on the rail car so
that it will not permanently change position or show evidence of
failure or impending failure of the method of securing the truck body
or trailer under impact from each end of at least 13 km (8.1 miles) per
hour. Its efficiency must be determined by actual test, using dummy
loads equal in weight and general character to the material to be
shipped. For recommended methods of blocking and bracing, see the
Intermodal Loading Guide for Products in Closed Trailers and Containers
(IBR, see Sec.  171.7 of this subchapter).
    (3) Lading must be loaded, blocked, and braced within or on the
truck body or trailer so that the lading will not change position under
impact from each end of at least 13 km (8.1 miles) per hour. For
recommended methods of blocking and bracing, see the Intermodal Loading
Guide for Products in Closed Trailers and Containers (IBR, see Sec.
171.7 of this subchapter).
* * * * *
    42. In Sec.  174.112, paragraph (c)(3) is revised to read as
follows:

Sec.  174.112  Loading Division 1.3 materials and Division 1.2
(explosive) materials (Also see Sec.  174.101).

* * * * *
    (c) * * *
    (3) Packages of Division 1.2 materials and Division 1.3 (explosive)
materials are blocked and braced within the truck body, trailer, or
container to prevent their shifting and possible damage due to shifting
of other freight during transportation (ends, sidewalls, or doors of
the truck body, trailer, or container may not be relied on to prevent
the shifting of heavy loads). For recommended methods of blocking and
bracing see the Intermodal Loading Guide for Products in Closed
Trailers and Containers (IBR, see Sec.  171.7 of this subchapter).
    43. In Sec.  174.115, paragraph (b)(3) is revised to read as
follows:

Sec.  174.115   Loading Division 1.4 (explosive) materials.

* * * * *
    (b) * * *
    (3) Packages of Division 1.4 (explosive) materials are blocked and
braced within the truck body, trailer, or container to prevent their
shifting and possible damage due to shifting of other freight during
transportation. Ends, side walls, or doors of the truck body, trailer,
or container may not be relied on to prevent shifting of heavy loads.
For recommended methods of blocking and bracing see the Intermodal
Loading Guide for Products in Closed Trailers and Containers.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

    Authority:  49 U.S.C. 5101-5127; 49 CFR 1.53

    45. In Sec.  177.848, paragraph (c), as amended May 14, 2010, at 75
FR 27216, and effective October 1, 2010, is revised to read as follows:

Sec.  177.848  Segregation of hazardous materials.

* * * * *
    (c) In addition to the provisions of paragraph (d) of this section
and except as provided in Sec.  173.12(e) of this subchapter, cyanides,
cyanide mixtures or solutions may not be stored, loaded and transported
with acids if a mixture of the materials would generate hydrogen
cyanide; Division 4.2 materials may not be stored, loaded and
transported with Class 8 liquids; and Division 6.1 Packing Group I,
Hazard Zone A material may not be stored, loaded and transported with
Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or
5.2 material.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    47. In Sec.  178.35, paragraphs (c)(4) and (g) are revised and
paragraph (h) is removed.
    The revsions read as follows:

Sec.  178.35  General requirements for specification cylinders.

* * * * *
    (c) * * *
    (4) Inspector's report. Prepare a report containing, at a minimum,
the applicable information listed in CGA C-11 (IBR, see Sec.  171.7 of
this subchapter). Any additional information or markings that are
required by the applicable specification must be shown on the test
report. The signature of the inspector on the reports certifies that
the processes of manufacture and heat treatment of cylinders were
observed and found satisfactory. The inspector must furnish the
completed test reports required by this subpart to the maker of the
cylinder and, upon request, to the purchaser. The test report must be
retained by the inspector for fifteen years from the original test date
of the cylinder.
* * * * *
    (g) Manufacturer's reports. At or before the time of delivery to
the purchaser, the cylinder manufacturer must have all completed
certification documents listed in CGA C-11. The manufacturer of the
cylinders must retain the reports required by this subpart for 15 years
from the original test date of the cylinder.
    48. In Sec.  178.37, paragraphs (j) and (l) are revised to read as
follows:

Sec.  178.37  Specification 3AA and 3AAX seamless steel cylinders.

* * * * *
    (j) Flattening test. A flattening test must be performed on one
cylinder taken at random out of each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 [deg] included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to the
same heat treatment as the finished cylinder. Cylinders may be
subjected to a bend test in lieu of the flattening test. Two bend test