[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Proposed Rules]
[Pages 3787-3838]
[FR Doc No: 2015-00265]

Vol. 80

Friday,

No. 15

January 23, 2015

Part III

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 107, 171, 172 et al.

 Hazardous Materials: Miscellaneous Amendments (RRR); Proposed Rule

Federal Register / Vol. 80 , No. 15 / Friday, January 23, 2015 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179 and 180

[Docket No. PHMSA-2013-0225 (HM-218H)]
RIN 2137-AF04

Hazardous Materials: Miscellaneous Amendments (RRR)

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. These proposed amendments are designed to
promote safer transportation practices, address petitions for
rulemaking, respond to National Transportation Safety Board (NTSB)
Safety Recommendations, facilitate international commerce, make
editorial corrections, and simplify the regulations. The proposed
provisions in this rulemaking include, but are not limited to, removing
the packing group (PG) II designation for certain organic peroxides,
self-reactive substances and explosives, incorporating requirements for
trailers of manifolded acetylene cylinders, and providing requirements
to allow for shipments of damaged wet electric batteries. In addition,
this rulemaking proposes to revise the requirements for the packaging
of nitric acid, testing of pressure relief devices on cargo tanks, and
shipments of black or smokeless powder for small arms.

DATES: Comments must be received by March 24, 2015.

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 20590-0001, between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2013-
0225 (HM-218H) or rule identification number (RIN 2137-AF04) 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 at
http://www.dot.gov/privacy.
    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: Neal Suchak or Aaron Wiener, Standards
and Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Contents

I. Background
II. Incorporation by Reference Discussion Under 1 CFR part 51
III. Petitions for Rulemaking and National Transportation Safety
Board Recommendations
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866, Executive Order 13563 and DOT
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    The purpose of this NPRM is to update and clarify the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180) based on PHMSA's own
initiatives. The proposed changes were identified through an extensive
review of the HMR and letters of interpretation issued to the public.
In addition, this NPRM proposes regulatory requirements that respond to
seven petitions for rulemaking and addresses two NTSB Safety
Recommendations. To this end, PHMSA is proposing to revise, clarify,
and ease certain regulatory requirements.

A. Petitions for Rulemaking

    The following table provides a brief summary of the petitions
addressed in this NPRM and affected sections. These petitions are
included in the docket for this proceeding:

------------------------------------------------------------------------
    Petition           Petitioner                   Summary
------------------------------------------------------------------------
P-1590..........  Dangerous Goods      Remove the PG II designation for
                   Advisory Council     certain organic peroxides, self-
                   (DGAC).              reactive substances and
                                        explosives in the Sec.   172.101
                                        Hazardous Materials Table (HMT).
P-1591..........  Air Products and     Amend the marking requirements
                   Chemicals, Inc.      for poisonous by inhalation
                                        shipments transported in
                                        accordance with the
                                        International Maritime Dangerous
                                        Goods (IMDG) Code or Transport
                                        Canada's Transport of Dangerous
                                        Goods (TDG) Regulations (Sec.
                                        171.23).
P-1597..........  DGAC...............  Require that emergency response
                                        telephone numbers be displayed
                                        on shipping papers numerically
                                        (Sec.   172.604).
P-1601..........  United Parcel        Amend the packaging instructions
                   Service (UPS).       for certain shipments of nitric
                                        acid by requiring intermediate
                                        packaging for glass inner
                                        packagings (Sec.   173.158).
P-1604..........  National Propane     Extend the pressure test and
                   Gas Association      internal visual inspection test
                   (NPGA).              period to ten years for certain
                                        MC 331 cargo tanks in dedicated
                                        propane delivery service (Sec.
                                        180.407).
P-1605..........  Compressed Gas       Incorporate by reference in Sec.
                   Association (CGA).    171.7 CGA Pamphlet G-1.6,
                                        Standard for Mobile Acetylene
                                        Trailer Systems, Seventh Edition
                                        (Sec.  Sec.   171.7 and
                                        173.301).

P-1609..........  Truck Trailer        Clarify the requirements
                   Manufacturers        applicable to the testing of
                   Association (TTMA).  pressure relief devices for
                                        cargo tank motor vehicles (Sec.
                                         180.407).
------------------------------------------------------------------------

B. NTSB Safety Recommendations

    The following table provides a brief summary of the NTSB
recommendations addressed in this NPRM and affected sections. These
recommendations are included in the docket for this proceeding:

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

C. Amendments Based on PHMSA Review

    In addition to addressing the petitions for rulemaking and the NTSB
recommendations listed above, this rulemaking proposes the following
amendments that were identified through our retrospective review of the
49 CFR. We summarize the changes as follows:
     Revise Sec.  107.402(d)(2) to replace the term ``citizen''
with the term ``resident.''
     Revise Sec.  107.402(e) to require that a lighter
certification agency submits a statement that the agency is independent
of and not owned by a lighter manufacturer, distributor, import or
export company, or proprietorship.
     Revise Sec.  107.402(f) to require portable tank and
multi-element gas container (MEGC) certification agencies to submit a
statement indicating that the agency is independent of and not owned by
a portable tank or MEGC manufacturer, owner, or distributor.
     Revise Sec.  107.807 to require a cylinder inspection
agency to be independent of and not owned by a cylinder manufacturer,
owner, or distributor.
     Remove the entry for CGA Pamphlet C-1.1 in Table 1 to
Sec.  171.7.
     Incorporate by reference updated versions of the American
Association of Railroads (AAR) Manual of Standards and Recommended
Practices, Section C-III, Specifications for Tank Cars, Specification
M-1002 in Sec.  171.7.
     Revise the Sec.  172.101 table to add Special Provision
B120 to Column (7) for the entry ``Calcium nitrate, UN1454.''
     Revise the entry for ``Propellant, solid, UN0501'' to
remove vessel stowage provision 24E from Column (10B) of the HMT.
     Revise the PG II HMT entry for ``UN2920, Corrosive
liquids, flammable, n.o.s.,'' to for consistency with the UN Model
Regulations, IMDG Code, and the ICAO TI such that this entry is
eligible for the limited quantity exceptions.
     Revise the PG II HMT entry for ``UN3085, Oxidizing solid,
corrosive, n.o.s.'' for consistency with the UN Model Regulations, IMDG
Code and the ICAO TI such that this entry is eligible for the limited
quantity exceptions.
     Revise the HMT entries for ``Trinitrophenol (picric acid),
wetted, with not less than 10 percent water by mass, UN3364'' and
``Trinitrophenol, wetted with not less than 30 percent water, by mass,
UN1344'' to harmonize the HMR with the UN Model Regulations, IMDG Code,
and the ICAO TI to clarify that the 500 gram limit per package does not
apply to UN1344 but does apply to UN3364.
     Revise Special Provision 136, assigned to the proper
shipping name ``UN3363, Dangerous goods in machinery or apparatus,'' in
Sec.  172.102 to include reference to Subpart G of Part 173.
     Remove reference to obsolete Special Provision 18 for the
HMT entry ``UN1044, Fire extinguishers'' and in Sec.  180.209(j) and
provide correct cross reference to Sec.  173.309.
     Correct a reference in Sec.  172.201 to exceptions for the
requirement to provide an emergency response telephone number on a
shipping paper.
     Revise Sec. Sec.  172.301(f), 172.326(d) and 172.328(e) to
include the clarification that the NOT-ODORIZED or NON-ODORIZED marking
may appear on packagings used for both unodorized and odorized
liquefied petroleum gas (LPG), and remove the effective date of October
1, 2006 or ``after September 30, 2006,'' if it appears in these
paragraphs, as the effective date has passed.
     Amend Sec.  172.406(d) by clearly authorizing the use of
labels described in Subpart E with a dotted or solid line outer border
on a surface background of contrasting color.
     Update a mailing address in Sec.  172.407(d)(4)(ii).
     Clarify the marking size requirements for an intermediate
bulk container (IBC) that is labeled instead of placarded by replacing
the bulk package marking reference in Sec.  172.514(c) with the non-
bulk marking reference, specifically, Sec.  172.301(a)(1).
     Revise Sec.  173.4a(a) to clarify that articles (including
aerosols) are not eligible for excepted quantity reclassification under
Sec.  173.4a, although some are eligible to be shipped as small
quantities by highway and rail in Sec.  173.4.
     Revise Sec.  173.21(e) to prohibit transportation or
offering for transportation materials in the same transport vehicle
(e.g., a trailer, a rail car) with another material, that could cause a
dangerous evolution of heat, flammable or poisonous gases or vapors, or
produce corrosive materials if mixed.
     Clarify that the requirements provided in paragraph Sec.
173.24a(c)(1)(iv) do not apply to limited quantities packaged in
accordance with Sec.  173.27(f)(2).
     Clarify the quantity limits for mixed contents packages
prepared in accordance with Sec.  173.27(f)(2).
     Clarify the requirements applicable to bulk transportation
of combustible liquids by adding new subparagraph Sec.
173.150(f)(3)(xi) stating that the registration requirements in Subpart
G of Part 107 are applicable and revising Sec. Sec.  173.150(f)(3)(ix)
and 173.150(f)(3)(x) for punctuation applicable to a listing of
requirements.
     Add a new paragraph (j) in Sec.  173.159 to allow shippers
to prepare for transport and offer into transportation damaged wet
electric storage batteries.

     Revise Sec.  173.166(e)(6) to add the words ``or cargo
vessel.''
     Revise Sec. Sec.  173.170 and 173.171 by changing the term
motor vehicle to transport vehicle to allow for motor vehicles
comprised of more than one cargo-carrying body to carry 100 pounds of
black or smokeless powder reclassed as Division 4.1 in each cargo-
carrying body instead of 100 pounds total in the motor vehicle.
     Revise Sec.  173.199(a)(4) by removing the reference to
the steel rod impact test in Sec.  178.609(h).
     Clarify the Packing Method table for organic peroxide
materials in Sec.  173.225.
     Amend the bulk packaging section reference in Column (8C)
of the HMT from Sec.  173.240 to Sec.  173.216 for the entries
``Asbestos, NA2212,'' ``Blue asbestos (Crocidolite) or Brown asbestos
(amosite, mysorite) UN2212,'' and ``White asbestos (chrysotile,
actinolite, anthophyllite, tremolite), UN2590.'' In addition, we are
proposing to revise paragraph (c)(1) in Sec.  173.216 by authorizing
the use of bulk packages prescribed in Sec.  173.240.
     Add a new paragraph (d)(5) to Sec.  173.304a, a new
paragraph (h) to Sec.  173.314 and revise Sec.  173.315(b)(1) to
require odorization of liquefied petroleum gas when contained in
cylinders and rail cars.
     Amend Sec.  173.306(k) to clarify that aerosols shipped
for recycling or disposal by motor vehicle containing a limited
quantity are afforded the applicable exceptions provided for ORM-D
materials granted under Sec. Sec.  173.306(i) and 173.156(b).
     Create a new paragraph (d) in Sec.  175.1 stating that the
HMR do not apply to dedicated air ambulance, firefighting, or search
and rescue operations.
     Correct Sec.  175.8 by adding the appropriate 14 CFR, Part
125 citations.
     Clarify exceptions for passengers, crewmembers, and air
operators in paragraphs (a)(18), (a)(22), and (a)(24) of Sec.  175.10
for the carriage of hazardous materials aboard a passenger aircraft.
     Clarify Sec.  175.75(e)(2) by replacing the word
``located'' with ``certificated.''
     Clarify Sec.  176.30(a)(4) by replacing the word
``packaging'' with ``package.''
     Clarify that the loading restrictions in Sec.
177.835(c)(1) through (4) are applicable to Sec.  177.848(e).
     Revise Sec.  178.65(i)(1) to correctly reference the
manufacturer's report requirements in Sec.  178.35(g).
     Clarify Sec.  178.337-17(a) to eliminate confusion of the
name plate and specification plate requirements.
     Correct an editorial error in the formula in Sec.
178.345-3(c)(1).
     Include provisions consistent with the non-bulk packaging
and IBC approval provisions for Large Packagings in Sec.  178.955.
     Clarify the requirements for Federal Railroad
Administration (FRA) approval of tank car designs in Sec.  179.13.
     Revise Sec.  180.401 to replace the term ``person'' with
``hazmat employee or hazmat employer'' to clarify that Subpart E of
Part 180 does not only apply to persons offering or transporting
hazardous materials.

II. Incorporation by Reference Discussion Under 1 CFR Part 51

    The American Association of Railroads (AAR) Manual of Standards and
Recommended Practices, Section C-III, Specifications for Tank Cars,
Specification M-1002 and the Compressed Gas Association (CGA) pamphlet
G-1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition
(G-1.6, 2011) are available for interested parties to purchase in
either print or electronic versions through the parent organization Web
sites. The price charged for these standards to interested parties
helps to cover the cost of developing, maintaining, hosting, and
accessing these standards. The specific standards are discussed in
greater detail in the following analysis.

III. Petitions for Rulemaking and National Transportation Safety Board
Recommendations

A. Amendments to the HMR for Organic Peroxides, Self-Reactive
Substances and Explosives (P-1590)

    In P-1590, DGAC requests that PHMSA amend the HMR by removing the
PG II designation in Column (5) of the Sec.  172.101 HMT for all
organic peroxides (Division 5.2), self-reactive substances (Division
4.1), and explosives (Class 1). DGAC states that under both the HMR and
international regulations, organic peroxides, self-reactive substances
and explosives are not assigned a packing group. Despite the absence of
regulatory language for determining a packing group assignment for
these materials, proper shipping names for these materials listed in
the HMT are assigned a default PG II. DGAC asserts that the presence of
a PG assignment for these entries is a constant source of confusion
which leads to frustration of shipments. DGAC further indicates that
frustration typically occurs when shipping papers are inspected by
carrier staff and enforcement personnel along the transport chain with
respect to the Sec.  172.202(a)(4) requirement to include the ``packing
group in Roman numerals, as designated for the hazardous material in
Column (5) of the Sec.  172.101 table.''
    DGAC notes that while Sec.  172.202(a)(4) also excepts organic
peroxides, self-reactive substances and explosives from the requirement
to provide a PG as part of the required description, a great deal of
confusion is created given that, irrespective of this exception, PGs
are provided for these materials in the Sec.  172.101 HMT. DGAC also
states that the HMR are inconsistent with international regulations as
a PG is not indicated for these materials in the hazardous materials
tables in the ICAO TI, IMDG Code, and the UN Model Regulations. In
addition, those regulations restrict the provision of a PG in the
transport document basic description to materials where a PG has been
assigned in accordance with classification requirements. With no PG
indicated for these substances in the respective lists, it is
inappropriate to provide a PG in the hazardous materials description on
a shipping paper under international regulations. Consequently,
provision of a PG for domestic transportation would constitute a
violation of international regulations for international
transportation.
    DGAC states that removing the PG for these materials from the HMT
would impose no additional costs and would result in a net savings
since many unnecessary delays in hazardous material shipments would be
avoided. DGAC did not provide a specific figure for the anticipated net
savings.
    DGAC also states that the packaging provisions in Part 173 for
these materials indicate the level of performance required. Therefore,
although certain packagings must meet PG II performance levels, they do
not indicate a degree of danger or the variation to PG I or PG III
packagings.
    In response to DGAC's petition, PHMSA agreed that it merited a
rulemaking change. We recognize that when the PG does not relate to the
degree of hazard of the material based on classification criteria but
rather is broadly assigned to an entire group of materials for purposes
of applying regulatory requirements, there is limited value in
requiring an indication of the PG on a shipping paper. Therefore PHMSA
is proposing to remove the PG II designation from Column (5) of the HMT
for organic peroxides (Division 5.2), self-reactive substances
(Division 4.1), and explosives (Class 1). PHMSA seeks comment on the
safety implications of such a change as well as the net benefit such a
change (i.e., decrease in the number of frustrated shipments) would
provide.

B. Marking Requirements for Poison by Inhalation Materials (P-1591)

    In P-1591, Air Products and Chemicals, Inc., requests that PHMSA
amend the marking requirements for poison inhalation hazard (PIH)
materials that are shipped in accordance with the IMDG Code or TDG
Regulations. Specifically, the petitioner requests that PHMSA modify
Sec. Sec.  171.23(b)(10)(iv)(A) and 171.23(b)(10)(iv)(B) to remove the
phrase ``regardless of the total quantity contained in the transport
vehicle or freight container'' in both paragraphs to align Part 171,
Subpart C requirements for use of international regulations with the
poisonous hazardous material marking requirements in Sec.  172.313(c),
which offers exceptions based on Hazard Zone, quantity, and number of
distinct materials.
    Specifically, subpart C of Part 171 specifies requirements for
shipments offered for transportation or transported in the United
States under international regulations. For PIH material, subparagraphs
(A) and (B) of Sec.  171.23(b)(10)(iv) require that ``the transport
vehicle or freight container must be marked with the identification
numbers for the hazardous material, regardless of the total quantity
contained in the transport vehicle or freight container, in the manner
specified in Sec.  172.313(c) of this subchapter and placarded as
required by subpart F of part 172 of this subchapter.'' The petitioner
states that the phrase ``regardless of the total quantity contained in
the transport vehicle or freight container'' gives the appearance that
the identification number marking requirement is applicable to any
quantity. However, the remainder of the sentence states that the
marking must be ``in the manner specified in in Sec.  172.313(c) of
this subchapter,'' which indicates an entirely different requirement.
    Section 172.313(c) specifies marking requirements for non-bulk
packages of PIH material contained in transport vehicles or freight
containers subject to certain provisions and limitations. Section Sec.
172.313(c)(2) states, ``the transport vehicle or freight container is
loaded at one facility with 1,000 kg (2,205 pounds) or more aggregate
gross weight of the material in non-bulk packages marked with the same
proper shipping name and identification number'' meaning that unless
this criteria is met, marking the identification number on the
transport vehicle or freight container is not required. The petitioner
indicates the inconsistency of Sec. Sec.  171.23(b)(10)(iv)(A),
171.23(b)(10)(iv)(B) and 172.313(c) is a source of confusion.
    The petitioner also identifies a potential discrepancy when
transporting internationally to or from the United States in accordance
with Sec.  171.23. The requirement to mark all quantities of PIH
material is more restrictive and costly than the current marking
requirements for the same materials when transported domestically under
the HMR in accordance with Sec.  172.313(c). The petitioner points out
that under both the IMDG and TDG there are no additional marking
requirements for transport units carrying PIH materials in non-bulk
packages similar to the provisions found in Sec.  172.313(c).
Therefore, for quantities of PIH materials in non-bulk packages (less
than 1,000 kg per UN number) all three regulations are not aligned.
    The petitioner states they have had numerous shipments of PIH
materials frustrated because of this confusing requirement, and that
the additional marking causes economic hardship and transit delays due
to additional labor necessary to apply the extra UN identification
numbers at the port. The petitioner did not provide a specific cost
figure for these frustrated shipments or anticipated net savings of a
regulatory change.
    In response to Air Products' petition, PHMSA agreed that it merited
a rulemaking change. The intent of the requirements in Sec.
171.23(b)(10)(iv) is to provide hazard communication for international
shipments of PIH materials transiting the United States under either
the IMDG Code or TDG equivalent to those established in the HMR, not to
impose more restrictive requirements. The removal of the phrase
referring to a ``total quantity'' will reduce potential confusion due
to differences in inspection interpretations and will reduce handling
costs and transit time while maintaining an acceptable level of hazard
communication for PIH materials. Therefore, PHMSA is proposing to amend
Sec. Sec.  171.23(b)(10)(iv)(A) and 171.23(b)(10)(iv)(B) by removing
the phrase ``regardless of the total quantity contained in the
transport vehicle or freight container'' from each subparagraph. PHMSA
seeks comment on the safety implications of such a change as well as
the net benefit such a change (i.e., decrease in the number of
frustrated shipments) would provide.

C. Emergency Response Telephone Number (P-1597)

    In P-1597, DGAC requests that PHMSA amend the emergency response
telephone number requirements to prohibit the use of alphanumeric
telephone numbers and only permit numeric telephone numbers. Currently,
the HMR do not limit the telephone numbers to be numeric under Sec.
172.604(a). DGAC states that historically telephone faces associated
integers with letters (e.g., 2\ABC\), but this is no longer the case in
all instances of phones. As a result, emergency response telephone
numbers presented alphanumerically could cause delays in acquiring
emergency response information as the first responder would have to
first convert letters to numbers. These delays are undesirable in time
sensitive emergency response situations.
    DGAC further points out that PHMSA issued a letter of
interpretation (Ref. No. 04-0032) confirming that alphanumeric
presentation of an emergency response telephone number was acceptable
but expressed concern in the delays it may cause.
    In response to DGAC's petition, PHMSA agreed that it merited a
rulemaking change. We agree that the continued use of alphanumeric
telephone numbers could cause unnecessary delays in emergency response
situations, therefore, PHMSA is proposing to revise Sec.  172.604(a) to
require a numeric format for the presentation of emergency response
telephone numbers in association with a shipping paper. Additionally,
we request specific comment on the cost implications of this proposed
revision.

D. Packaging Requirements for Nitric Acid (P-1601)

    In P-1601, the United Parcel Service (UPS) requests that PHMSA
revise the packaging requirements for ground shipments of nitric acid.
Its petition was based on four loading and sorting operation incidents
which occurred over a six-month period. The incidents did not result in
any casualties, but varying degrees of property damage were assessed in
each situation. UPS notes that each incident involved the same
packaging configuration--glass inner packagings within fiberboard outer
packagings. In each case, a breach of one or more inner packagings
caused leakage, resulting in fumes, followed by the initiation of a
fire involving the fiberboard outer packaging material. UPS believes
that the packaging requirements of the HMR applicable to ground
shipments of nitric acid do not adequately address the hazards present.
    As provided in Sec.  173.158, packaging for ground shipments of
nitric acid prescribe either outer packaging that is not reactive to
contents, or a combination packaging that includes non-reactive
intermediate packaging

and absorbent material. However, for concentrations of less than 90%
nitric acid, the HMR permit the use of glass inner packagings of less
than 2.5 L placed inside UN Specification 4G, 4C1, 4C2, 4D or 4F outer
packagings. This latter configuration is associated with the four
incidents referenced by UPS in its petition for rulemaking.
    UPS proposes that PHMSA change Sec.  173.158(e) to enhance the
packaging requirements applicable to nitric acid in concentrations less
than 90%. Under the proposal in P-1601, when in wooden or fiberboard
outer packaging, glass inner packagings used in the configuration
prescribed in Sec.  173.158(e) would be required to be packed in
tightly-closed, non-reactive intermediate packagings and cushioned with
a non-reactive absorbent material. UPS feels that the addition of this
intermediate packaging would properly address the hazards present in
this concentration of nitric acid and would have prevented the above
incidents from occurring.
    The UPS petition identified an increase in the number of fires
caused by spilled nitric acid reacting with fiberboard packaging. In
this NPRM, PHMSA is considering a performance standard for packaging
and handling the product that would prevent breakages and spills
involving nitric acid. Based on the number of incidents noted in the
petition for rulemaking and the cost incurred, in response to UPS's
petition, PHMSA agreed that it merited consideration of a rulemaking
change. Therefore, PHMSA is proposing to require in Sec.  173.158(e)
that when nitric acid, in concentrations less than 90%, is placed in
glass inner packagings to be packaged in wooden or fiberboard outer
packaging, the glass inner packagings must be packed in tightly-closed,
non-reactive intermediate packagings and cushioned with a non-reactive
absorbent material. PHMSA is seeking comment on whether or not this
proposed packaging should be applied to other similar materials as well
as cost burdens from the increase in packaging requirements.

E. Pressure Test and Internal Visual Inspection Requirements for MC 331
Cargo Tanks (P-1604)

    In P-1604, the National Propane Gas Association (NPGA) requests
PHMSA modify the pressure test and visual inspection test requirements
applicable to certain MC 331 specification cargo tanks in dedicated
propane delivery service, commonly known as bobtails, found in Sec.
180.407(c) . Currently, the HMR require periodic pressure testing and
visual inspection every five years to remain in service. NPGA petitions
PHMSA to extend the requalification period for certain MC 331 cargo
tanks from five years to ten years and provides a technical case for
this change.
    NPGA states in its petition that the five-year requalification
period for bobtails is a burden to the propane industry. It states that
these cargo tanks must be taken out of service for a period of up to a
week and that water is introduced into the tank during the
requalification process, which can be detrimental to the tank and
product contained in the tank. Before a tank can be returned to
service, it must be completely free of any water. NPGA states that this
removal from service hinders a propane company's operations.
    In 2001, NPGA conducted a survey to determine whether companies
that performed the five-year hydrostatic test requirement had
experienced any failures. None of the 203 survey respondents reported a
hydrotest failure for tanks of less than 3,500 gallons water capacity.
Based on the results of this survey, the NPGA sponsored a study by a
non-profit research and development organization (the Battelle Memorial
Institute) to determine whether a change to the requalification period
would be technically feasible. Battelle developed crack growth models
to estimate the time to failure of a tank that has undergone several
pressure cycles. They also analyzed effects on the MC 331 cargo tank
under the delivery service load conditions to determine the estimated
life of the tank.
    Based on the results of this study, the NPGA and Battelle recommend
that PHMSA modify the requalification period from five years to ten
years for MC 331 cargo tanks that: (1) Are used in dedicated propane
service; (2) have a water capacity less than 3,500 gallons; and (3) are
constructed of: non-quenched and tempered (NQT) SA-612 steel and NQT
SA-202 or SA-455 steels, provided the materials have full-size
equivalent (FSE) Charpy-V notch energy test data that demonstrates 75%
shear-area ductility at 32[emsp14][deg]F with an average of three or
more samples greater than 15 ft-lb FSE, and with none less than 10 ft-
lb FSE. A copy of this study is in the docket for this rulemaking.
    After considering the NPGA survey results, which cite no reported
incidents, and the study commissioned by the NPGA, PHMSA determined
that the petition merited consideration of a rulemaking change. NPGA
notes there is a strong safety record amongst its members regarding
this issue and the cost savings to the industry would be significant (a
specific benefit was not provided by the NPGA). Therefore, PHMSA is
proposing to revise the pressure test and internal visual inspection
requirements found in Sec.  180.407(c) for certain MC 331 Specification
cargo tanks from a five-year requalification period to a ten-year
period. PHMSA seeks comment on the safety implications of such a change
as well as the net benefit such a change (i.e., decrease in time out of
service) would provide.

F. Mobile Acetylene Trailer Systems (P-1605) and NTSB Safety
Recommendations H-09-01 and H-09-02

    In P-1605, the CGA requests that PHMSA amend the HMR to incorporate
a reference to CGA pamphlet G-1.6, Standard for Mobile Acetylene
Trailer Systems, Seventh Edition (G-1.6, 2011). This standard provides
minimum requirements necessary for the design, construction, and
operation of mobile acetylene trailer systems, which consist of
acetylene cylinders mounted and manifolded for the purposes of
charging, transporting, and discharging acetylene. It also covers
ground-mounted auxiliary equipment used with mobile acetylene trailers
such as piping, meters, regulators, flash arrestors, and fire
protection equipment.
    This petition coincides with two NTSB recommendations (H-09-01 and
H-09-02) issued to PHMSA based on incidents involving mobile acetylene
trailers.\1\ In response to CGA's petition and its appropriateness to
addressing the NTSB recommendations, PHMSA determined that it warranted
consideration of a rulemaking change. Further detailed discussion of
this issue can be found in the Section-by-Section review for Sec.
173.301.
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    \1\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf.
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G. Pressure Relief Devices for Cargo Tanks (P-1609)

    In P-1609, the Truck Trailer Manufacturers Association (TTMA)
requests that PHMSA amend the Sec.  180.407 requirements applicable to
pressure relief devices (PRDs). Specifically, TTMA requests that PHMSA
revise the HMR to more clearly establish the set pressure of a PRD for
each of the DOT specification cargo tank motor vehicles. TTMA states
that the wording of Sec. Sec.  180.407(d)(3) and 180.407(g)(1)(ii),
applicable to the testing requirements for PRDs, creates issues for
persons performing the testing of a PRD.
    TTMA points out two specific issues with these paragraphs. The
first is the

term ``set-to-discharge.'' On April 9, 2009 PHMSA published a final
rule (Docket No. PHMSA-2006-25910 (HM-218E); 74 FR 16135; effective May
11, 2009), where in an attempt to harmonize with international
standards, PHMSA removed the phrase ``set-to-discharge,'' and ``start-
to-discharge'' was substituted in its place. TTMA explains that this is
an issue because the discharge pressure referenced is used to figure
the minimum pressure at which the PRD should reseat. By changing the
wording from ``set'' to ``start,'' the reseating pressure changed from
a design requirement, to one based on what a given vent actually does
under test. Therefore, instead of testing a PRD knowing its reseating
requirements, testers must perform the test of a given PRD and
calculate the reseating pressure of that particular PRD and retest from
that pressure. Essentially, testers of PRDs could test identical
products at different pressures because the reseat pressure is no
longer a fixed design requirement. This creates inconsistencies between
the reseating pressures of comparable PRDs authorized for identical
hazardous materials service. TTMA states that this compromises safety,
instead of promoting it.
    The second issue TTMA points out in its petition is in regards to
the term ``the required set pressure.'' This term is problematic in
relation to the continuing operation of existing cargo tanks made to
older specifications in Sec.  180.405(c). As the codes for the older
specifications of cargo tanks are no longer published, determining
``the required set pressure'' is problematic. This is an issue for
current specifications of cargo tanks as well. There are pressure
allowances during the retesting of pressure relief devices of no more
than 110% of the required set pressure (Sec.  180.407(d)(3)) and the
same 10% allowance for DOT 400 series cargo tanks (Sec.  178.345-10(d))
creates confusion for current specification cargo tanks. TTMA believes
this will create an unsafe condition for tanks, as a PRD is no longer
functioning as designed by the manufacturer. The PRD may actually open
at higher pressures (near a cargo tank's test pressure) as opposed to
the appropriate lower design pressure.
    TTMA petitions that PHMSA revise the HMR for testing of PRDs by
replacing the current requirements found in Sec. Sec.  180.407(d)(3)
and 180.407(g)(1)(ii) with a reference to a new paragraph, Sec.
180.407(j) which would detail the PRD test requirements. TTMA believes
this change will eliminate confusion for testers by clarifying the
requirements for opening and reseating pressures when beginning the
tests. This will also enhance the enforcement of these requirements by
creating consistency in the testing requirements for cargo tank PRDs of
the same design.
    PHMSA determined that TTMA's petition merited consideration of a
rulemaking change based on the need for consistent and clear testing
requirements for PRDs on DOT specification cargo tanks. Therefore,
PHMSA is revising Sec. Sec.  180.407(d)(3) and 180.407(g)(1) to
reference a new section Sec.  180.407(j), which will outline the
testing requirements applicable to PRDs.

IV. Section-by-Section Review

Part 107

Section 107.402
    This section sets forth the application requirements for
designation as a certification agency to issue certificates and
certifications for packagings designed, manufactured, tested, or
maintained in conformance with the HMR and standards set forth in the
UN Model Regulations. This section also sets forth the application
requirements for designation as a certification agency to issue
certificates and certifications for lighters, portable tanks, multi-
element gas containers, and Division 1.4G consumer fireworks.
    PHMSA is proposing to revise Sec.  107.402(d)(1)(i) to indicate
that a fireworks certification agency applicant must be a U.S.
resident, or for a non-U.S. resident, must have a designated U.S. agent
representative as specified in Sec.  105.40. The criteria for fireworks
certification agencies were added to the HMR in Docket No. PHMSA-2010-
0320 (78 FR 42457) (HM-257). PHMSA intended for Sec.  107.402(d)(1)(i)
to correspond with the requirements of Sec.  105.40, which specifies
designated agents for non-residents; however, the term ``citizen'' was
inadvertently substituted for ``resident.'' PHMSA is proposing to
revise Sec.  107.402(d)(1)(i) by replacing the term ``citizen'' with
the term ``resident.''
    PHMSA is also proposing to revise Sec.  107.402(e) to require that
a lighter certification agency submit a statement to the Associate
Administrator that the agency is independent of and not owned by a
lighter manufacturer, distributor, import or export company, or
proprietorship. Further, we propose to revise Sec.  107.402(f) to
require that a portable tank and MEGC certification agency submit a
statement to the Associate Administrator indicating that the agency is
independent of and not owned by a portable tank or MEGC manufacturer,
owner, or distributor. This language was included in Sec.  107.402 and
pertained to all certification agencies, but was removed inadvertently
as a result of changes made to the HMR in Docket No. PHMSA-2010-0320
(78 FR 42457) (HM-257).
Section 107.807
    This section sets forth the requirements for authorizing chemical
analyses and tests for non-domestic manufacturers of DOT specification
or special permit cylinders. To maintain consistency with requirements
of other independent inspection agencies, PHMSA is proposing to revise
Sec.  107.807 to require that the agency submit a statement indicating
that the inspection agency is independent of and not owned by a
cylinder manufacturer, owner, or distributor.

Part 171

Section 171.7
    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
lieu of government-unique standards except where inconsistent with law
or otherwise impractical. Section 171.7 lists all standards
incorporated by reference into the HMR and informational materials not
requiring incorporation by reference. The informational materials not
requiring incorporation by reference are noted throughout the HMR and
provide best practices and additional safety measures that while not
mandatory, may enhance safety and compliance. Table 1 to Sec.  171.7
lists informational materials that are not incorporated by reference.
In a final rule published on January 28, 2008 (Docket No. 05-21812 (HM-
218D); 73 FR 4699, effective October 1, 2008), PHMSA added in Table 1
(formerly paragraph (b) of the section) an entry for the Compressed Gas
Association (CGA) publication, CGA C-1.1, Personnel Training and
Certification Guidelines for Cylinder Requalification by the Volumetric
Expansion Method. Following the publication of the final rule (HM-
218D), PHMSA received an appeal from Hydro-Test Products, Inc. (PHMSA-
2005 21812-0025) asking us to either remove the reference to CGA C-1.1
or add examples of other training materials that may be used. Hydro-
Test noted that referencing only the CGA publication in the HMR could
suggest that other training materials are not acceptable. PHMSA added
CGA C-1.1 as an example of guidance material that may be used to assist
requalifiers in creating their cylinder training

procedures and recordkeeping requirements. The publication is not a
standalone tool for training persons on how to perform requalification
of cylinders using the volumetric expansion test method. To alleviate
confusion for cylinder requalifiers, PHMSA intended to remove the
reference to CGA C-1.1 in Sec. Sec.  171.7 and 180.205 in a previous
editorial final rule published on October 1, 2008 (Docket No. PHMSA-
2008-0227 (HM-244A); 73 FR 57001, effective October 1, 2008). However,
PHMSA removed reference to the document only in Sec.  180.205(g)(6) and
inadvertently failed to remove the reference in Sec.  171.7. PHMSA is
proposing to amend Table 1 to Sec.  171.7 to remove the entry for CGA
C-1.1 to align the regulatory text with previous rulemaking actions.
    Additionally, Sec.  171.7 incorporates by reference the American
Association of Railroad's (AAR's) Manual of Standards and Recommended
Practices, Section C-III, Specifications for Tank Cars, Specification
M-1002 (AAR Specifications for Tank Cars), October 2000 edition for
various tank car design, manufacture, inspection and testing, and
qualification regulations set forth in Parts 173, 179, and 180 of the
HMR. As currently incorporated by reference, all sections refer to the
October 2000 edition of this document.
    AAR frequently updates the AAR Specifications for Tank Cars. While
the AAR updates this document, PHMSA has not received a petition for
rulemaking to revise the HMR to reflect more current versions of the
AAR Specifications for Tank Cars.
    In this proposed rule, we are proposing to update the incorporation
by reference for this document to include revisions published by the
AAR in the 2007 edition of the AAR Specifications for Tank Cars and
certain subsequent amendments. PHMSA is also proposing to revise Sec.
179.24(a)(2) to remove the reference to the December 2000 edition of
this document and instead replace it with a generic reference to the
AAR Specifications for Tank Cars. Additionally, we are proposing to
revise Sec.  180.503 to replace the reference to the ``AAR Tank Car
Manual'' with ``AAR Specifications for Tank Cars'' for consistency with
references to this document elsewhere in the HMR. The FRA reviewed the
2007 standard and the subsequent amendments and determined not to
incorporate the 2007 standard in its totality. Under this proposed
rule, each chapter and appendix of the AAR Specifications for Tank Cars
will be listed in Sec.  171.7 with an effective date to account for the
most recent AAR amendments supported by FRA. In cases where FRA does
not support amendments made to the AAR Specifications for Tank Cars due
to safety concerns a prior effective date for that specific chapter or
appendix will be referenced, and in some cases, specific sections of
the chapter or appendix will be specifically not included. Upon
adoption into the HMR, entities subject to compliance with the HMR must
comply with the version of the chapters and appendices referred to in
Sec.  171.7 and effective on the date specified therein. AAR
publications such as this are available through the AAR as a benefit of
membership. We anticipate that affected entities already have access to
the AAR Specifications for Tank Cars we are proposing to incorporate.
Other interested parties may purchase these standards from the AAR for
$390.00. Moving forward, FRA will continue to evaluate amendments made
to the AAR Specifications for Tank Cars and will update the effective
dates for referenced chapters or appendices of the tank car manual, as
appropriate, when such amendments are supported by FRA.
    Lastly, as described in Section IIF for petition for rulemaking P-
1605 and further discussed in the Section-by-Section review for Sec.
173.30, PHMSA proposes to amend the HMR to incorporate a reference to
CGA pamphlet G-1.6, Standard for Mobile Acetylene Trailer Systems,
Seventh Edition (G-1.6, 2011). Interested parties may purchase a copy
of this standard from the CGA starting at $37.00.
Section 171.22
    In a May 3, 2007 final rule (Docket No. PHMSA-2005-23141 (HM-215F);
72 FR 25162), the importer responsibility requirements were
transitioned from Sec.  171.12(a) to Sec.  171.22. When transitioning
the requirement that a person importing a hazardous material into the
United States must provide the shipper and forwarding agent with
information required under the HMR, the shipper notification was
inadvertently omitted. As a result, only the forwarding agent is
presently required to be provided with information as to the
requirements of the HMR applicable to the particular shipment. In this
NPRM, PHMSA is proposing to reinstate text in Sec.  171.22(f) that was
inadvertently removed during the transition by requiring both the
foreign shipper and forwarding agent at the place of entry to be
provided with the requirements of the HMR applicable to the particular
shipment.

Part 172

Section 172.101
    This section contains the HMT and explanatory text for each of the
columns in the table. In this NPRM, PHMSA is proposing a number of
revisions to the Sec.  172.101 HMT, including the special provisions
listed in Column (7) of the table and specified in Sec.  172.102, to
clarify the regulations and correct inadvertent errors. Proposed
changes to the Sec.  172.101 HMT will appear as an ``add,'' ``remove,''
or ``revise,'' and include changes to the following table entries:
``Calcium nitrate, UN1454,'' ``Corrosive liquids, flammable, n.o.s.,
UN2920,'' ``Fire extinguishers, UN1044,'' ``Oxidizing solid, corrosive,
n.o.s., UN3085,'' ``Propellant solid, UN0501,'' ``Trinitrophenol
(picric acid), wetted, with not less than 10 percent water by mass,
UN3364,'' and ``Trinitrophenol, wetted with not less than 30 percent
water, by mass, UN1344.''
    The entry for ``Calcium nitrate, UN1454'' is being revised to
reflect a change that was intended to be made when PHMSA published a
final rule on January 7, 2013 (Docket No. PHMSA-2012-0027 (HM-215L); 78
FR 987). Special Provision B120 was inadvertently not assigned to the
entry for ``Calcium nitrate, UN1454'' when several HMT other entries
were revised to include Special Provision B120. Special Provision B120
indicates that the material, when offered in conformance with the
applicable requirements of Part 178 and general packaging requirements
in Part 173, may be offered for transportation in a flexible bulk
container. PHMSA is proposing to revise the HMT to add Special
Provision B120 to Column (7) for the entry ``Calcium nitrate, UN1454.''
    The entry for ``Corrosive liquids, flammable, n.o.s., UN2920'' is
being revised to harmonize the HMR with the UN Model Regulations, IMDG
Code, and the ICAO TI. The UN Model Regulations, IMDG Code, and ICAO TI
provide limited quantity exceptions for the PG II entry. Therefore,
PHMSA is proposing to revise the entry for ``Corrosive liquids,
flammable, n.o.s., UN2920, PG II'' to remove the word ``None'' from
Column (8A) of the HMT and add ``154.'' This change will be consistent
with similar PG II materials that are also provided the limited
quantity exception.
    The entry for ``Fire extinguishers, UN1044'' is being revised to
eliminate reference to a Special Provision 18 which is no longer in the
HMR. Special Provision 18 was removed from

Sec.  172.102(c)(1) in a January 7, 2013 final rule (Docket No. PHMSA-
2009-0126 (HM-215K); 78 FR 1101) and combined into revised Sec.
173.309(a). We did not make a conforming amendment to remove Special
Provision 18 from this entry in the HMT, thus, in this NPRM, we are
proposing to revise the entry for ``Fire extinguishers, UN1044'' by
deleting the special provision.
    The entry for ``Oxidizing solid, corrosive, n.o.s., UN3085'' is
being revised to harmonize with the UN Model Regulations, IMDG Code,
and the ICAO TI. The UN Model Regulations, IMDG Code, and ICAO TI
provide limited quantity exceptions for the PG II entry. Therefore,
PHMSA is proposing to revise the entry for ``Oxidizing solid,
corrosive, n.o.s., UN3085, PG II'' to remove the word ``None'' from
Column (8A) of the HMT and add ``152.''
    The entry for ``Propellant, solid, UN0501' is being revised to
eliminate a reference to a requirement that is no longer is in the HMR.
Column (10B) of this entry lists vessel stowage provision 24E. Vessel
stowage provision 24E was removed from Sec.  176.84(c)(2) when the
Research and Special Programs Administration (RSPA), PHMSA's
predecessor, published a final rule on June 21, 2001 (Docket No. RSPA-
2000-7702 (HM-215D); 66 FR 33316, effective October 1, 2001) that
revised the table of provisions applicable to vessel transportation of
Class 1 (explosive) materials. As this provision is no longer in the
HMR, PHMSA is proposing to revise the entry for ``Propellant, solid,
UN0501'' to remove vessel stowage provision 24E from Column (10B) of
the HMT.
    The HMT entries for ``Trinitrophenol (picric acid), wetted, with
not less than 10 percent water by mass, UN3364'' and ``Trinitrophenol,
wetted with not less than 30 percent water, by mass, UN1344,'' are
being revised to harmonize the HMR with the UN Model Regulations, IMDG
Code, and the ICAO TI. Presently, Special Provision 162 is applied to
UN3364 (not less than 10 percent water) and Special Provision 23 is
applied to UN1344 (not less than 30 percent water). Special Provision
162 outlines a provision for transport of the material as a Division
4.1. The material must be packed such that at no time during transport
will the percentage of diluent fall below the percentage that is stated
in the shipping description. Special Provision 23 is similar in that it
also outlines this provision but includes an additional condition that
quantities of not more than 500 grams per package with not less than 10
percent water by mass may also be classed in Division 4.1, provided a
negative test result is obtained when tested in accordance with test
series 6(c) of the UN Manual of Tests and Criteria.
    The special provisions are assigned in the reverse manner to the
trinitrophenol entries in the UN Model Regulations, IMDG Code, and the
ICAO TI. Special Provision 23 is applied to UN3364 with the lower
minimum diluent percent of water while the 500 gram limit per package
for 10% diluent does not apply to UN1344 with the larger minimum
diluent percentage of water (i.e., 30%). Thus the special provision was
inadvertently incorrectly assigned in the HMR. For the entry
``Trinitrophenol (picric acid), wetted, with not less than 10 percent
water by mass, UN3364,'' we propose to replace Special Provision 162 in
Column (7) of the HMT with Special Provision 23. Conversely, for the
entry ``Trinitrophenol, wetted, with not less than 30 percent water, by
mass, UN1344,'' we propose to replace Special Provision 23 from Column
(7) of the HMT with Special Provision 162.
Section 172.102
    This section outlines special provisions that are listed in Column
(7) of the Sec.  172.101 HMT. Special Provision 136 is listed for the
entry ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus,
UN3363.'' PHMSA received a request for a letter of interpretation (Ref.
No. 12-0037) which sought confirmation that a material classified as a
Class 2 gas that has packaging exceptions listed in Column (8A) of the
HMT may be described as ``Dangerous Goods in Apparatus, UN3363.'' The
requestor pointed out that the provisions in Special Provision 136 are
inconsistent. Special Provision 136 states that except when approved by
the Associate Administrator, machinery or apparatus may only contain
hazardous materials for which exceptions are referenced in Column (8)
of the HMT and are provided in Part 173, Subpart D of Subchapter C.
Subpart D of Part 173 contains the definitions, classification, packing
group assignments and exceptions for hazardous materials other than
Class 1 and Class 7. However, preparation, packaging and exceptions for
Class 2 gases are located in Subpart G of Part 173. This should be
indicated in Special Provision 136 to eliminate confusion that gases
prepared in accordance with Subpart G of Part 173 would not be eligible
to be described as ``Dangerous Goods in Apparatus, UN3363.'' It was not
PHMSA's intention to exclude Class 2 gases from using this proper
shipping name, therefore, PHMSA is proposing to revise Special
Provision 136 in Sec.  172.102 to include reference to subpart G of
part 173.
Section 172.201
    This section prescribes the requirements for the preparation and
retention of shipping papers. Paragraph (d) of this section states the
requirements for shipping papers to contain an emergency response
telephone number. This paragraph states that except as provided in
Sec.  172.604(c), a shipping paper must contain an emergency response
telephone number. The reference in this paragraph to Sec.  172.604(c)
is inaccurate. The requirements in Sec.  172.604 applicable to
emergency response telephone numbers were changed when PHMSA published
a final rule on October 19, 2009 (Docket No. PHMSA-2006-26322 (HM-
206F); 74 FR 53413, effective November 18, 2009). This rulemaking
action moved the exceptions to the requirement to provide an emergency
response telephone number to a new paragraph (d). PHMSA is proposing a
conforming revision to Sec.  172.201(d) to accurately reference the
exception from the emergency response telephone number requirement
found in Sec.  172.604(d).
Sections 172.301, 172.326, 172.328, and 172.330
    These sections prescribe marking requirements for non-bulk
packagings, portable tanks, cargo tanks, tank cars and multi-unit tank
car tanks. Each of these sections contains a paragraph (Sec. Sec.
172.301(f), 172.326(d), 172.328(e), and 172.330(c)) prescribing
requirements for legible marking of packages containing unodorized LPG
with NON-ODORIZED or NOT-ODORIZED. PHMSA received a request for a
letter of interpretation (Ref. No. 06-0235) requesting clarification
that the NON-ODORIZED or NOT-ODORIZED mark may also appear on a package
containing odorized LPG. In the letter, we noted that PHMSA addressed
this issue in part in a final rule published by its predecessor agency,
RSPA, on November 4, 2004 (RSPA-03-15327 (HM-206B); 69 FR 64462,
effective October 1, 2006). Final rule HM-206B changed the hazard
communication requirements applicable to certain packages containing
unodorized LPG, including the requirement to mark with NON-ODORIZED or
NOT-ODORIZED. Specifically, it also clarified that the NON-ODORIZED or
NOT-ODORIZED marking may appear on a tank car or multi-unit tank car
tanks used for both unodorized and odorized LPG. This was implemented
to address the concerns

expressed by a commenter to the rule about the logistics of tracking,
inspecting, and stenciling tank cars to ensure proper marking. However,
this clarification was not extended to cylinders, cargo tanks and
portable tanks containing LPG in that final rule. We further noted in
the response letter that we intended to revisit this issue in a future
rulemaking to extend this clarification to other packaging types that
are filled with unodorized or odorized LPG.
    We see no compelling argument not to extend this allowance further
to other packaging types, thus, PHMSA is proposing to revise Sec. Sec.
172.301(f), 172.326(d) and 172.328(e) to include the clarification that
the marking may appear on these packagings used for both unodorized and
odorized LPG, and remove the effective date of October 1, 2006 that
appears in these paragraphs, as the effective date has long passed.
PHMSA is also removing the effective date referenced in paragraph Sec.
172.330(c).
Section 172.406
    This section specifies the placement of labels on a package.
Paragraph (d) of this section prescribes requirements that labels be
printed or affixed to a background of contrasting color, or must have a
dotted or solid line outer border. Further, Sec.  172.407(b)(2)
provides that the dotted line border on each label shown in Sec. Sec.
172.411 through 172.448 is not part of the label specification, except
when used as an alternative for the solid line outer border to meet the
requirements of Sec.  172.406(d). Based on this language, it appears
that labels with a dotted or solid line outer border are permitted only
if the surface of the package is not a contrasting color.
    In this rulemaking, we are proposing to amend Sec.  172.406(d) by
expressly authorizing the use of labels described in Part 172, Subpart
E with a dotted or solid line outer border on a surface background of
contrasting color. There is no reduction in hazard communication and
this revision will provide cost savings to shippers by eliminating the
need to acquire and store two types of labels (one with a border and
the other without) depending on the surface color of the package.
Section 172.407
    This section contains label specifications. Paragraph (d) of this
section contains color specifications for labels including a
requirement for color tolerances according to color charts referenced
in Appendix A to Part 172 of the HMR. Paragraph (d)(4)(ii) states that
the color charts are on display at the Office of Hazardous Materials
Safety, Office of Hazardous Materials Standards, Room 8422, Nassif
Building, 400 Seventh Street SW., Washington, DC 20590-0001. This
address does not reflect the current address of the Office. PHMSA is
amending the address in Sec.  172.407(d)(4)(ii) to read Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, East Building, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Section 172.514
    This section prescribes the placarding requirements and exceptions
for a bulk packaging containing a hazardous material. In paragraph
(c)(4), an exception is provided for an IBC that is labeled in
accordance with Part 172, Subpart E instead of placarded. IBCs that are
labeled instead of placarded are authorized to display the proper
shipping name and UN identification number in accordance with the bulk
package marking size requirements of Sec.  172.302(b)(2) in place of
the UN number on an orange panel, placard or white square-on-point.
Section 172.302(b)(2) requires that for IBCs, markings have a width of
at least 4.0 mm (0.16 inch) and a height of at least 25 mm (one inch).
This is inconsistent with the UN Model Regulations, IMDG Code, and ICAO
TI that all require a height of 12 mm (0.47 inch). The international
size requirement is equivalent to the non-bulk marking size requirement
provided in Sec.  172.301(a)(1). In addition, the reference to the bulk
packaging marking requirements of Sec.  172.302(b)(2) in Sec.
172.514(c)(4) conflicts with Sec.  172.336(d) identification number
marking requirements which states ``[w]hen a bulk packaging is labeled
instead of placarded in accordance with Sec.  172.514(c) of this
subchapter, identification number markings may be displayed on the
package in accordance with the marking requirements of Sec.
172.301(a)(1) of this subchapter.''
    In this rulemaking, we are proposing to clarify that the marking
size requirement, for both the proper shipping name and identification
number, is at least 12 mm (0.47 inch) for an IBC that is labeled
instead of placarded. PHMSA proposes replacing the bulk package marking
reference in Sec.  172.514(c) with the non-bulk marking reference,
specifically, Sec.  172.301(a)(1). The reduced minimum marking size
will alleviate the existing discrepancy between Sec.  172.514(c)(4) and
Sec.  172.336(d) and decrease frustration of shipments by harmonizing
with international regulations thus ensuring IBC's marked in accordance
with these regulations are consistent with the HMR.

Part 173

Section 173.4a
    This section prescribes the requirements for excepted quantities of
hazardous materials. The excepted quantities provisions were added to
the HMR when PHMSA published a final rule on January 14, 2009 (Docket
Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J); 74 FR
2254, effective February 13, 2009) in an effort to harmonize with
international standards. Excepted quantities provisions in Sec.  173.4a
are intended to be consistent with the existing exception in the ICAO
TI. Paragraph (a) reads ``[e]xcepted quantities of materials other than
articles transported in accordance with this section are not subject to
any additional requirements of this subchapter except for . . .'' This
language is unclear as to whether articles (including aerosols) may use
the excepted quantities provisions. PHMSA is revising this paragraph to
clarify that articles (including aerosols) are not eligible for
excepted quantity reclassification under Sec.  173.4a, although some
aerosols are eligible to be shipped as small quantities by highway and
rail in Sec.  173.4. This will eliminate confusion as to the status of
articles (including aerosols) in the context of this exception, while
providing consistent language structure with part 3, chapter 5, section
5.1 of the ICAO TI.
Section 173.21
    This section outlines forbidden materials and packages. Paragraph
(e) of this section forbids transport of a material in the same
packaging, freight container, or overpack with another material, that
if mixed would likely cause a dangerous evolution of heat, flammable or
poisonous gases or vapors, or produce corrosive materials. While this
prohibition prevents incidents from occurring within a freight
container, overpack or the same container, there is no prohibition on
this type within a transport vehicle (e.g., a truck with single
trailer). A transport vehicle is defined in Sec.  171.8 as a cargo-
carrying vehicle such as an automobile, van, tractor, truck,
semitrailer, tank car or rail car used for the transportation of cargo
by any mode. Each cargo-carrying body is a separate transport vehicle.
Allowing materials within a single cargo-carrying body (e.g., a
trailer, a rail car, etc.) that, if mixed, could cause a

dangerous evolution of heat, flammable or poisonous gases or vapors, or
create corrosive materials poses a significant safety risk. This method
of transportation is forbidden within a freight container, packaging,
or overpack, and while a transport vehicle is slightly different than a
packaging or overpack, it is similar to a freight container.
    PHMSA received a request for a letter of interpretation (Ref. No.
13-0111) describing a potentially dangerous situation. In the letter,
the requestor described a scenario whereby a company offers for
transportation ``UN1908, Chlorite Solution, Class 8, Packing Group (PG)
II;'' ``UN1791, Hypochlorite Solutions, Class 8, PG III;'' and
``UN1789, Hydrochloric Acid Solution, Class 8, PG II'' in separate
intermediate bulk containers (IBCs) in the same transport vehicle.
While there are no formal segregation requirements per Sec.  177.848 of
the HMR, data accompanying the letter indicated that in the event of
commingling, these materials would create chlorine dioxide gas.
``Chlorine dioxide (not hydrate)'' is forbidden for transportation per
the Sec.  172.101 HMT. Thus, the transportation of these materials in
the same transport vehicle would create a situation where the mixing of
the materials would produce a poisonous gas and highly corrosive
material, which happens to also be forbidden from transport; yet, under
the current construct of Sec.  173.21, there is no prohibition against
this transport scenario.
    The concern is that a single cargo-carrying body, such as a trailer
or rail car, does not provide a level of safety equivalent to if these
materials were intended to be in the same freight container, yet it is
permitted in the HMR. Additionally, the loading and unloading
requirements for Class 8 materials in Sec.  177.839 or part 174 do not
address the loading of chlorite solutions and hypochloric acid in the
same transport vehicle.
    Prohibiting the transportation or offering for transportation of
materials in the same transport vehicle (e.g., a trailer, a rail car)
with another material which is likely to cause a dangerous evolution of
heat, flammable or poisonous gases or vapors, or produce corrosive
materials upon mixing would address the safety risk referenced in the
letter of interpretation Ref. No. 13-0111, for both rail and highway
transport. This change would afford these modes of transportation the
same level of safety seen in intermodal transportation and the
forbidden materials restrictions for freight containers. Therefore,
PHMSA is proposing to revise Sec.  173.21(e) to include the term
transport vehicle.
Section 173.24a
    Section 173.24a prescribes additional general requirements for non-
bulk packages. Paragraph (c)(1)(iv) provides the quantity limits for
mixed contents packages (when multiple hazardous materials are packed
within the same package) transported by aircraft. In this rulemaking,
we are proposing to clarify that the requirements provided in paragraph
(c)(1)(iv) do not apply to limited quantity materials packaged in
accordance with Sec.  173.27(f)(2). This change is proposed for
clarification purposes only. Misapplication of Sec.  173.24a(c)(1)(iv)
would be duplicative and, in certain cases, would place unintended
restrictions on the net quantity of hazardous materials per package.
Section 173.27
    This section prescribes general requirements for the transportation
of hazardous material by aircraft. Paragraph (f)(2) contains the
provisions for limited quantities but does not expressly address
limited quantity packages of mixed contents. PHMSA received a request
for a letter of interpretation (Ref. No. 13-0094) to clarify, for
transportation by aircraft, the applicable section to reference.
Specifically, the requester asked whether Table 3 in Sec.
173.27(f)(3), or the general provisions in Sec.  173.24a(c)(1)(iv)
should be used when determining the maximum net quantity of each inner
and outer packaging for limited quantity packages of mixed contents. In
response, we stated that as provided in Sec.  173.27(f)(2), when a
limited quantity of a hazardous material is packaged in a combination
packaging and is intended for transportation aboard an aircraft, the
inner and outer packagings must conform to the quantity limitations set
forth in Table 3. Table 3 provides the maximum net quantity of each
inner and outer packaging for materials authorized for transportation
as a limited quantity by aircraft. For mixed contents of limited
quantities by air, the shipper must comply with the maximum authorized
net quantity of each outer package (column 4 of 5 in Table 3) and
ensure that the total net quantity does not exceed the lowest permitted
maximum net quantity per package as shown by hazard class or division
for the hazardous materials in the mixed contents package.
    In this rulemaking, we are proposing to revise Sec.
173.27(f)(2)(i) to clarify that the maximum net quantity for limited
quantity packages of mixed contents must conform to the quantity
limitations provided in Sec.  173.27(f)(3), Table 3.
Section 173.150
    This section provides exceptions for Class 3 (flammable and
combustible liquid) hazardous materials. The requirements for
combustible liquids in bulk packagings are found in Sec. Sec.
173.150(f)(3). Although placarding under Subpart F of Part 172 is
specified as a requirement in Sec.  173.150(f)(3)(iv), registration
requirements of Sec.  107.601 are not included among the subject
requirements. Given that Sec.  173.150(f)(3) provides a list of subject
requirements for combustible liquids in bulk packaging, PHMSA is
revising this section by adding a new subparagraph Sec.
173.150(f)(3)(xi) stating that the registration requirements in Subpart
G of Part 107 are also applicable, for bulk packagings only. PHMSA is
also revising Sec. Sec.  173.150(f)(3)(ix) and 173.150(f)(3)(x) for
punctuation applicable to the listing of requirements.
Section 173.159
    This section prescribes requirements applicable to the
transportation of electric storage batteries containing electrolyte
acid or alkaline corrosive battery fluid (i.e., wet batteries). This
section outlines packaging requirements, exceptions for highway or rail
transport, and tests which batteries must be capable of withstanding to
be considered as non-spillable. However, there are no requirements or
instructions for shippers of damaged or leaking wet batteries to
prepare these items for transport. PHMSA received a request for a
letter of interpretation (Ref. No. 06-0031) to clarify whether a
shipper of a damaged wet battery may utilize the exception from full
regulation provided in Sec.  173.159(e). In response, we stated that a
damaged battery may be shipped in accordance with Sec.  173.159(e)
provided: (1) It has been drained of battery fluid to eliminate the
potential for leakage during transportation; (2) it is repaired and/or
packaged in such a manner that leakage of battery fluid is not likely
to occur under conditions normally incident to transportation; or (3)
the damaged or leaking battery is transported under the provisions of
Sec.  173.3(c).
    PHMSA is proposing to create a new paragraph (j) in Sec.  173.159
to address the need for provisions that allow shippers to prepare for
transport and offer into transportation damaged wet electric storage
batteries. This paragraph will permit the transportation, by highway or
rail, of damaged wet electric storage batteries under the conditions
outlined

in the letter of interpretation. In addition to the conditions listed
in paragraph (j), damaged wet electric storage batteries must also meet
all other applicable requirements of Sec.  173.159.
Section 173.166
    This section prescribes requirements applicable to the
transportation of air bag inflators, air bag modules, and seat-belt
pretensioners. In a final rule (Docket No. PHMSA-2010-0201 (HM-254))
published on July 30, 2013 (78 FR 45880), PHMSA revised the
requirements applicable to these materials. Among the changes made was
the adoption of Special Permit DOT SP-12332 into the HMR, This special
permit excepted Class 9 air bag inflators, air bag modules, or seat-
belt pretensioners assigned to UN3268 from the requirement to provide
the EX number (i.e., the approval number) on the shipping paper.
    Under Sec.  173.166, paragraph (e)(6) authorizes packaging
alternatives for air bag inflators, air bag modules, and seat-belt
pretensioners that have been removed from, or were intended to be used
in, a motor vehicle; and those devices meet the requirements for use in
the United States and are being transported to recycling or waste
disposal facilities. When adopted in HM-254, a provision in Sec.
173.166 (e)(6) stated ``for domestic transportation by highway''
thereby limiting the use of this exception to ground transport, yet DOT
SP-12332 specifically permitted transport by ``cargo vessel'' as an
authorized mode of transportation. For greater consistency with the
special permit language adopted in HM-254, PHMSA is revising paragraph
(e)(6) to add the words ``or cargo vessel.''
Sections 173.170 and 173.171
    These sections prescribe exceptions for the transportation of black
powder for small arms classed as a Division 1.1 explosive and smokeless
powder for small arms classed as a Division 1.3 explosive. These
exceptions permit these materials to be reclassed as Division 4.1
flammable solid material for domestic transportation. In both sections,
the total quantity of black or smokeless powder for small arms is
limited to 45.4 kg (100 pounds) net mass in a motor vehicle (other
modes are authorized as well). PHMSA believes the exception should be
updated to account for modern highway transportation. Currently, the
HMR defines motor vehicle in Sec.  171.8 to include a vehicle, machine,
tractor, trailer, or semitrailer, or any combination thereof. The use
of the term motor vehicle in this exception limits a carrier with
multiple trailers to 100 pounds total of black or smokeless powder,
reclassed as Division 4.1. Carriers who commonly transport double or
triple trailer loads by highway may find it difficult to ensure that
each trailer contains an amount of black or smokeless powder, reclassed
as Division 4.1 that would keep the total quantity in all trailers
under 100 pounds.
    PHMSA believes the term motor vehicle should be replaced with
transport vehicle in the context of this exception and we believe doing
so will not decrease the level of safety for the transport of these
materials. The term transport vehicle is defined in Sec.  171.8 as a
cargo-carrying vehicle such as an automobile, van, tractor, truck,
semitrailer, tank car or rail car used for the transportation of cargo
by any mode. Each cargo-carrying body (a trailer, a rail car, etc.) is
a separate transport vehicle. Changing the term motor vehicle to
transport vehicle would reflect a consistency in the ability to use
exceptions for black or smokeless powder with the other modes, such as
rail and vessel, whereby each rail car or freight container is
permitted to have 100 pounds total. Thus, PHMSA proposes to revise
Sec. Sec.  173.170 and 173.171 to replace the term ``motor vehicle''
with ``transport vehicle.'' Additionally, PHMSA is requesting specific
comment from stakeholders on this issue and any data they have relating
to noted incidents involving transporting black or smokeless powder for
small arms reclassed as Division 4.1 by motor vehicle.
Section 173.199
    This section prescribes the packaging requirements for Category B
infectious substances. Paragraph (a)(4) of this section requires that
the packaging be capable of successfully passing the drop test in Sec.
178.609(d) and the steel rod impact test in Sec.  178.609(h) at a drop
height of at least 1.2 meters (3.9 feet).
    PHMSA received a request for a letter of interpretation regarding
the test requirements in Sec.  173.199(a)(4) (Ref. No. 07-0018). The
request pointed out that in the preamble to the final rule published on
June 2, 2006 under Docket Number PHMSA-2004-16895 (HM-226A) [71 FR
32244], we state that Category B packagings must be capable of passing
a drop test, but need not be capable of passing a puncture or other
performance test. The requester asked if the regulatory text requiring
the steel rod impact test for this packaging was an error.
    As we clarified in our response, PHMSA did not intend to require
the steel rod impact test in Sec.  178.609(h) for a packaging used to
transport a Category B infectious substance. Therefore, in this
rulemaking, we are proposing to revise the provisions in Sec.
173.199(a)(4) by removing the reference to the steel rod impact test in
Sec.  178.609(h).
Section 173.216
    This section establishes the transportation requirements for blue,
brown, or white asbestos. Paragraph (c) of this section provides
packaging requirements for asbestos including both ``non-bulk'' and
``bulk'' packaging options.
    PHMSA received a request for a letter of interpretation regarding
the applicability of bulk and non-bulk packaging instructions for
asbestos (Ref. No. 11-0169). The letter expressed confusion regarding
whether Sec.  173.216 should apply to both ``bulk'' and ``non-bulk''
packages of asbestos, because as the requester noted in the letter, in
the Sec.  172.101 HMT, the entry for ``Asbestos,'' NA2212 refers to
packaging instructions specified in Sec.  173.216 for non-bulk
packaging requirements, and Sec.  173.240 for bulk packaging
requirements. It was also noted in the letter that some of the
packaging options specified in Sec.  173.216 are considered bulk
packagings.
    PHMSA acknowledged that some of the packaging options provided in
Sec.  173.216(c) meet the bulk packaging definition specified in Sec.
171.8 and, therefore, would be considered a bulk packaging for
transportation purposes. In this rulemaking, we are proposing to amend
the bulk packaging section reference in Column (8C) of the HMT from
``240'' to ``216'' for the table entries associated with the following
identification numbers: NA2212, UN2212, and UN2590. In addition, we are
proposing to revise paragraph (c)(1) in Sec.  173.216 by authorizing
the use of bulk packages prescribed in Sec.  173.240. These proposed
amendments will: (1) Eliminate the confusion pertaining to bulk
packaging specifications contained in a section referenced in the
authorized non-bulk Column (8B) of HMT; and (2) allow for the continued
use of bulk packages in Sec.  173.240, while also providing examples of
specific bulk packagings authorized for asbestos such as hopper-type
rail cars and hopper-type motor vehicles currently found in Sec.
173.216(c)(1).
Section 173.225
    This section contains the packaging requirements and other
provisions applicable to the transportation of organic peroxides.
Paragraph (d) of this section contains the Packing Method table, which
provides packagings

authorized for organic peroxides and the maximum quantity permitted in
each package or packaging. The table is missing information and PHMSA
is proposing to revise the table to add a reference to note 1 for OP2,
which states that if two values are given, the first applies to the
maximum net mass per inner packaging and the second to the maximum net
mass of the complete package. Additionally, PHMSA is proposing to
revise the maximum quantity for solids and combination packagings
(liquid and solid) for OP4. This quantity should read as ``5/25'' kg
instead of only ``5.''
Section 173.301
    This section applies to general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles and spherical pressure vessels. Paragraph (g) of
this section describes the requirements to manifold cylinders in
transportation. A manifold system is a single pipe or chamber connected
to a group of cylinders, which allows for a single point of loading and
unloading.
    Incidents investigated by the NTSB have highlighted potential risks
when transporting manifolded acetylene trailers.\2\ These incidents
included overturned vehicles and two unloading releases. As a result of
the impact caused by ejection of the cylinders from the vehicle during
overturn incidents, cylinders have shown signs of broken valves, burst
heads, burst walls, as well as bulging and denting of the walls. The
impact resulting from the ejection of the cylinders from the vehicle
also can cause the valves to break, which may ignite the acetylene. The
NTSB's investigation also concluded that the unloading sequence is
occasionally done out of order from what is specified in the standard
operating procedures and this can be a contributing factor to
incidents.
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    \2\ https://www.ntsb.gov/doclib/safetystudies/SIR0901.pdf.
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    These recent incidents involving manifolded acetylene trailers have
caused the National Transportation Safety Board (NTSB) to issue two
Safety Recommendations (H-09-01 and H-09-02) to PHMSA.\3\ The NTSB
investigations resulted in the issuance of the following Safety
Recommendations:

    \3\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf.
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    H-09-01: Modify 49 CFR 173.301 to clearly require (1) that
cylinders be securely mounted on mobile acetylene trailers and other
trailers with manifolded cylinders to reduce the likelihood of
cylinders being ejected during an accident and (2) that the cylinder
valves, piping, and fittings be protected from multidirectional
impact forces that are likely to occur during highway accidents,
including rollovers.
    H-09-02: Require fail-safe equipment that ensures that operators
of mobile acetylene trailers can perform unloading procedures only
correctly and in sequence.

    Given the results of the NTSB investigations and the associated
safety risks of mobile acetylene trailer overturns and unloading
operations, PHMSA proposes to incorporate by reference in Sec.  171.7
of the HMR the CGA pamphlet G-1.6-2001, Standard for Mobile Acetylene
Trailer Systems (7th ed.). CGA G-1.6 would serve to address the NTSB
Safety Recommendations specific to mobile acetylene trailers. This
pamphlet was updated with input from PHMSA and the industry to address
cylinder securement under accident conditions, valve protection from
multidirectional impact forces and unloading fail-safe procedures
specific to mobile acetylene trailers.
    Specifically, PHMSA proposes to incorporate the CGA pamphlet into
Sec.  171.7, and revise Sec.  173.301(g)(1)(iii) to indicate that
mobile acetylene trailers must be maintained, operated and transported
in accordance with CGA Pamphlet G-1.6. In addition, PHMSA seeks
specific comment on the inclusion of CGA Technical Bulletin (TB) TB-25
to address structural integrity requirements. PHMSA is also proposing
to revise Sec.  177.840, by adding paragraph (a)(3) to state that
cylinders containing acetylene and manifolded as part of a mobile
acetylene trailer system must be transported in accordance with Sec.
173.301(g) to ensure that this requirement is addressed in the carriage
by highway portion of the HMR. PHMSA seeks comment on the number of
entities affected by this proposal, if any. Finally, PHMSA seeks
comment on safety implications of such a change as well as the net
benefit such a change (i.e., decrease in the number of frustrated
shipments) would provide.
Sections 173.304a(d)(5), 173.314(h) and 173.315(b)(1)
    Section 173.304a establishes additional requirements for the
shipment of LPG in specification cylinders. Section 173.314 establishes
requirements for compressed gases in tank cars and multi-unit tank cars
and Sec.  173.315 establishes requirements for compressed gases in
cargo tanks and portable tanks. PHMSA is aware of several incidents
possibly attributed to either the under-odorization or odorant fade of
LPG. Most notable of these incidents is one that happened in Norfolk,
MA on July 30, 2010 where an explosion occurred at a residential
condominium complex that was under construction. Emergency responders
from 21 cities/towns deployed personnel to the accident site. The
accident resulted in seven injuries and one fatality.
    The subsequent investigation raised questions as to whether there
was a sufficient level of odorant in the LPG contained in the on-site
storage tanks. In accordance with Federal and State laws and
regulations, LPG intended for use by non-industrial entities is
generally required to be odorized, or stenched, to enable the detection
of any unintended release or leak of the gas. LPG is highly flammable
and dangerous to inhale in large quantities. The added odorant is a
safety precaution that helps warn those in the area that a release of
gas has occurred. In the Norfolk incident, there appeared to be no
warning, i.e. there was no noticeable evidence of odorant that would
indicate the on-site LPG storage tank was leaking prior to the
explosion. PHMSA has consulted with stakeholders from industry, fire
fighter associations, and other regulatory agencies in order to better
understand the root cause of incidents like the one in Norfolk.
Although additional research may be necessary in order to come to more
definitive conclusions, PHMSA has identified the following situations
in which the risks of under-odorization or odorant fade are more likely
to occur:
    Injection Process: On December 13, 2012, PHMSA met with
representatives from the National Propane Gas Association (NPGA) to
gain a better understanding of the LPG odorization process. During this
meeting, representatives from the NPGA stated that the most common
method for the odorization of LPG is through an automated system.
However, the NPGA also noted there are situations where the odorization
process is manually performed. Preliminary investigations into the
Norfolk, MA incident suggest that the lack of sufficient odorization
rendered the LPG undetectable when the on-site storage tank began to
leak. In situations where the injection process is not fully automated,
the potential for human error may increase the possibility of under-
odorization. We believe that the insufficient level of odorant in the
LPG contained in the on-site storage tank involved in the Norfolk, MA
incident was likely a major contributing factor in limiting the ability
of on-site personnel to readily detect the leak.

    New Tanks or Freshly Cleaned Tanks: During our meetings with
various stakeholders, several indicated that a phenomenon known as
``odor fade'' may be a problem when new or recently cleaned tanks are
used. New or recently cleaned tanks may absorb the odorant into the
metal shell of these tanks leading to an ``odorant fade,'' and thus
limiting the effectiveness of the remaining odorant in the LPG.
    Odorization Standards: The odorization of LPG is addressed by
Federal and state laws and regulations, as well as generally accepted
industry standards and practices. When offered and transported in
commerce, the HMR specifies that all LPG in cargo and portable tanks be
effectively odorized using either 1.0 pound of ethyl mercaptan, 1.0
pound of thiopane, or 1.4 pounds of amyl mercaptan per 10,000 gallons
of LPG, in the event of an unintended release or leak to indicate the
presence of gas. The HMR do not, however, require LPG to be odorized if
odorization would be harmful in the use or further processing of the
LPG, or if odorization will serve no useful purpose as a warning agent
in such use or further processing. Essentially, this exception applies
to LPG being transported to industrial end-users.
    Although the HMR requires odorization of LPG in cargo tanks and
portable tanks, there are no such parallel requirements in the HMR for
rail tank car tanks and cylinders. Therefore, in this NPRM, we are
proposing to add new Sec. Sec.  173.304a(d)(5) and 173.314(h)
consistent with the revised text in Sec.  173.315(b)(1) to address the
odorization of LPG in cylinders and rail tank car tanks, respectively.
We are also proposing to revise Sec.  173.315(b)(1) to add a
performance standard to address the issues of ``under odorization'' and
``odor fade.''
Section 173.306
    This section provides exceptions from the HMR for compressed gases,
including aerosols, when transported in limited quantities. In a final
rule published May 14, 2010, under PHMSA-2009-0289 (HM-233A) [75 FR
27205], PHMSA added a new paragraph (k) to Sec.  173.306 adopting
provisions from DOT-SP 12842. These provisions authorized an increase
in gross weight per package for the purpose of packaging discarded
empty, partially used, and full aerosol containers to be transported to
a recycling or disposal facility.
    PHMSA received a request for a letter of interpretation (Ref. No.
12-0004) seeking confirmation that aerosols shipped for disposal or
recycling in compliance with Sec.  173.306(k) are permitted the same
exceptions (i.e., the marking and labeling requirements of Part 172
Subparts D and E respectively, and shipping paper requirements, unless
it is a hazardous waste or hazardous substance, of 172 Subpart C)
granted under Sec. Sec.  173.306(i) and 173.156(b) without being
reclassified as an ORM-D material. The requester also pointed out that
under DOT-SP 12842, aerosols shipped for disposal or recycling were
excepted from the marking, labeling and shipping paper requirements,
unless they were considered a hazardous waste or hazardous substance,
without being reclassified as an ORM-D material.
    PHMSA stated that the intention of HM-233A was to adopt DOT-SP
12842 into the HMR as was designed. Therefore, in this rulemaking, we
propose to amend Sec.  173.306(k) by clarifying that aerosols shipped
for recycling or disposal by motor vehicle, containing a limited
quantity under the specific conditions provided in Sec.  173.306(k),
are afforded the applicable exceptions provided for ORM-D materials
granted under Sec. Sec.  173.306(i) and 173.156(b). The letter provides
that, consistent with Sec.  173.306(i), packages containing aerosols
meeting the limited quantity requirements of Sec.  173.306(k) must be
marked in accordance with Sec.  172.315(b). In addition, the letter
also clarifies that the language ``INSIDE CONTAINERS COMPLY WITH
PRESCRIBED REGULATIONS'' is required for shipments of aerosols shipped
for disposal or recycling in compliance with paragraphs (a)(3), (a)(5),
or (b)(1) of Sec.  173.306.

Part 175

Section 175.1
    This section describes the purpose, scope and applicability of Part
175 to air operations, specifically, the transportation of hazardous
materials in commerce by air. Exceptions for certain aircraft
operations are listed in Sec.  175.9(b). Paragraph (b)(4) of Sec.
175.9 excepts hazardous materials carried and used during dedicated air
ambulance, firefighting, or search and rescue operations. To clarify
that these operations are not subject to the HMR when in compliance
with applicable Federal Aviation Regulations (FAR; 14 CFR) and any
additional FAA requirements, PHMSA proposes to create a new paragraph
(d) in Sec.  175.1 stating that the HMR does not apply to dedicated air
ambulance, firefighting, or search and rescue operations. This will
eliminate any confusion that these air operations would otherwise be
subject to requirements in the HMR (e.g., passenger notification
requirements). PHMSA also proposes to remove Sec.  175.9(b)(4) for
consistency.
    As with other conditional exceptions to the HMR, non-compliance
with the FAR could subject operators to enforcement under the HMR.
PHMSA does not anticipate any adverse safety consequences with this
proposed revision due to the existing training requirements in the FAR
on the proper handling and stowage of hazardous materials carried
onboard aircraft.
    The FAA and PHMSA recognize that certain operators do not solely
utilize their aircraft for purposes under Sec.  175.9(b)(4). Normal
transport operations (i.e., the transport of either passengers or cargo
not required for performance of, or associated with, the specialized
emergency function) would continue to be subject to the HMR. However,
staging operations and other operations related to dedicated air
ambulance, firefighting, or search and rescue operations are intended
to be excepted from the HMR when in compliance with the FAR. We note
the following definitions in FAA Order 8900.1 (Vol. 3, Chapter 14,
Section 1, 3-529(C)):

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

    Air ambulance operators are required by the FAR to utilize either
Operational Specification (OpSpec) A021 ((Helicopter Emergency Medical
Services (HEMS) Operations) or A024 (Air Ambulance Operations-Airplane)
and must obtain and adhere to the appropriate OpSpec to be excepted
from the HMR.
Section 175.8
    This section provides exceptions from certain regulations for air
carrier operator equipment and items of replacement. Paragraph (b)(1)
provides that oxygen, or any hazardous material used for the generation
of oxygen, for

medical use by a passenger, which is furnished by the aircraft operator
in accordance with certain 14 CFR requirements is not subject to the
requirements of the HMR. The provisions of 14 CFR, Sec.  125.219,
Oxygen for medical use by passengers, was inadvertently left out of
paragraph (b)(1). In this rulemaking, we are proposing to correct the
paragraph by adding the appropriate 14 CFR, Part 125 citation.
Section 175.10
    This section provides exceptions for passengers, crewmembers, and
air operators. Paragraph (a) of this section lists a number of
hazardous materials that are permitted for carriage by passengers or
crewmembers provided the requirements of Sec. Sec.  171.15 and 171.16
and the conditions of this section are met. PHMSA is proposing
revisions to some of these provisions to promote clarity.
    In paragraph (a)(6), hair curlers (curling irons) containing a
hydrocarbon gas such as butane and carried in carry-on or checked
baggage, are excepted from the requirements of the HMR. Gas refills for
such curlers are not permitted in carry-on or checked baggage. In this
NPRM, PHMSA proposes to prohibit such hair curlers in checked baggage.
We believe the risk posed by flammable gases in an inaccessible
compartment on a passenger-carrying aircraft is obvious. Flammable
gases will burn if mixed with an appropriate amount of air and confined
burning of a flammable gas can lead to detonation. As a result, we
remain concerned with the flammability hazard posed by butane and other
flammable gases and the ability of such gases to propagate or
contribute to a fire in the cargo compartment of an aircraft. This
concern is particularly relevant to carriage in checked baggage where
damage to the curling iron and the subsequent release of a flammable
gas may occur if the baggage is mishandled or the article itself is
compromised.
    Because of the risks posed by flammable gas, a number of safety
requirements apply to cargo shipments of flammable gas on passenger-
carrying aircraft. Most Division 2.1 flammable gas substances and
articles are generally forbidden from transportation as cargo aboard
passenger-carrying aircraft and prohibiting the carriage of butane-
powered curling irons in checked baggage is consistent with this
provision. In the area of aviation safety, where the high volume of
travel and the catastrophic consequences of failure lead to a very low
tolerance for risk, we firmly believe the known risks of flammable gas
are sufficient basis for our decision. We solicit public comment on any
impact our proposed action may impose upon passengers, crew members,
and air operators.
    In paragraph (a)(22) of this section, non-infectious specimens
transported in accordance with Sec.  173.4b(b) (de minimus quantities)
are permitted for carriage by passengers or crewmembers. PHMSA is
clarifying this exception to include the phrase ``in preservative
solutions'' to clarify the intended use of this exception. Non-
infectious substances would not otherwise be subject to the HMR if they
did not otherwise meet the definition of any other hazard classes. This
clarification will signal that the exception refers to specimens in
solutions that may contain preservatives that are hazardous materials
such as formaldehyde and alcohol solutions.
    Additionally PHMSA is revising paragraph (a)(24) of this section,
which refers to small cartridges of carbon dioxide or other suitable
gas of Division 2.2. The exception states that small cartridges fitted
into devices with no more than four small cylinders are permitted. This
is inconsistent with the ICAO TI, which permits cartridges for other
devices indicating that spares are permitted. As Sec.  175.10(a)(24)
currently reads, there is no mention of spare cartridges. The HMR
currently permits up to four small cartridges and therefore, PHMSA is
proposing to revise this paragraph to state that small cartridges
fitted into or securely packed with devices with no more than four
small cylinders of carbon dioxide or other suitable gas in Division 2.2
are permitted for carriage by passengers or crewmembers. This change
will harmonize with international standards to clarify that spares are
permitted in addition to the cartridges already fitted into the device,
provided they are securely packed with the devices for intended use.
Section 175.75
    This section describes the quantity limitations and cargo locations
for carriage by aircraft. Paragraph (e)(2) excepts packages of
hazardous materials transported aboard a cargo aircraft, when other
means of transportation are impracticable or not available, in
accordance with procedures approved in writing by the FAA Regional or
Field Security Office in the region where the operator is located from
the requirements of paragraphs (c) and (d) of Sec.  175.75. PHMSA is
revising this paragraph by removing the word ``located'' and adding the
word ``certificated'' in its place. The words ``or Field Security'' are
also removed. This amendment will ensure operators interact with the
Hazardous Materials Division Manager (HMDM) who has already reviewed
and recommended for approval the certificate's HazMat-related manual(s)
required under 14 CFR 14 CFR 121.135. The HMDM (or designee) will
already have an understanding of the certificate's operations and, as
needed, will interact with the local resources and/or the operator's
certificate management team to assess the impracticability or lack of
availability of other cargo operations--as well as what alternative
procedures should be prescribed.

Part 176

Section 176.30
    This section prescribes the information required on dangerous cargo
manifests for vessel transport. Paragraph (a)(4) requires ``the number
and description of packages (barrels, drums, cylinders, boxes, etc.)
and gross weight for each type of packaging.'' In this rulemaking, we
are proposing to replace the word ``packaging'' with ``package'' as the
term ``packaging'' refers to the means of containment and not the
completed package.

Part 177

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

UN1942 in Sec.  177.848(e)(5). In this rulemaking, we are proposing to
clarify that the loading restrictions in Sec.  177.835(c)(1) through
(4) are applicable to Sec.  177.848(e).

Part 178

Section 178.65
    This section applies to the manufacture of DOT Specification 39
non-reusable (non-refillable) cylinders. Paragraph (i) of this section
describes the required markings for DOT 39 cylinders. The reference to
Sec.  178.35(h) in Sec.  178.65(i)(1) is incorrect, as Sec.  178.35(h)
was removed under a final rule published July 20, 2011 (Docket No.
PHMSA-2009-0151 (HM-218F). The final rule consolidated the inspector's
report requirements found in Sec.  178.35(g) into paragraph (c)(4) of
that section, moved the manufacturer's report retention requirements
into paragraph (g) and removed paragraph (h). PHMSA is proposing to
revise Sec.  178.65(i)(1) to correctly reference the manufacturer's
report requirements in Sec.  178.35(g).
Section 178.337-17
    This section prescribes the marking requirements applicable to MC
331 cargo tank motor vehicles. Paragraph (a) of this section outlines
general requirements for marking of MC 331 cargo tank motor vehicles.
PHMSA received a request for a letter of interpretation to clarify the
applicability of these markings in Sec.  178.337-17(a) (Ref. No. 04-
0206). The request pointed out an incorrect use of the term cargo tank
as it applies to the requirement for specification plates found in
paragraph (a), which states that:

    ``Each cargo tank certified after October 1, 2004 must have a
corrosion-resistant metal name plate (ASME Plate) and specification
plate permanently attached to the cargo tank by brazing, welding or
other suitable means on the left side near the front, in a place
accessible for inspection.''

    In response, we stated that an MC 331 cargo tank must have a metal
name plate (also referred to as an ASME plate) permanently attached to
the cargo tank. In addition, an MC 331 cargo tank motor vehicle
certified after October 1, 2004, must have a specification plate that
includes the information specified in Sec.  178.337-17(c). PHMSA is
proposing to clarify Sec.  178.337-17(a) to eliminate confusion of the
name plate and specification plate requirements.
Section 178.345-3
    This section prescribes general requirements for the structural
integrity of specification cargo tanks. Paragraph (c)(1) of this
section addresses stress in the cargo tank shell resulting from normal
operating loadings. PHMSA published a final rule on October 2, 2013
(Docket No. PHMSA-2013-0158 (HM-244F); 78 FR 60745; effective October
1, 2013) intending to correct the formula presented in paragraph (c)(1)
for the figure ``SS2'' to read ``SS\2\.'' This correction
correctly adjusted the standard ``2'' in the term to be a superscript
``\2\,'' but inadvertently adjusted the second ``S'' from a subscript
``S'' to a standard ``S.'' This is incorrect and PHMSA is
proposing to revise this portion of the formula in Sec.  178.345-
3(c)(1) to read ``SS\2\.''
Section 178.955
    This section prescribes the design and testing criteria for Large
Packagings. Presently, if a manufacturer of a Large Packaging wishes to
construct a Large Packaging that differs from a listed specification
there is no Associate Administrator approval provision outlined in the
HMR. However, the HMR allude to the need for an approval in the Large
Packaging marking requirements in Sec.  178.910(a)(1)(ii). The HMR has
approval provisions in Part 178 for manufacturers of both non-bulk
packagings and IBCs when constructing packagings that differ from
listed specifications. In this rulemaking, we are proposing to include
provisions consistent with the non-bulk packaging and IBC approval
provisions for Large Packagings in Sec.  178.955. Such Large Packagings
must be shown to be equally effective, and testing methods used must be
equivalent. This change will resolve the issue with Sec.
178.910(a)(1)(ii) and would be consistent with the UN Model Regulations
and the IMDG Code, which provide approval provisions for non-bulk
packagings, IBCs, and Large Packagings.

Part 179

Section 179.13
    This section includes limitations on rail tank car capacity and
gross weight. With certain exceptions, this section generally limits
the gross weight on rail of tank cars to 263,000 pounds. This section
has been revised numerous times over the last several years. In 2009,
PHMSA added paragraph (b) to this section authorizing tank cars
designed to transport poisonous-by-inhalation (PIH) materials and built
with certain mandated safety improvements (tank cars meeting the
specifications of Sec.  173.244(a)(2) or (3) or Sec.  173.314(c) or
(d)) to have a gross weight on rail of up to 286,000 pounds provided
any weight increase was not used to increase product capacity. 74 FR
1770 (Jan. 13, 2009). Subsequently, in an effort to incorporate several
widely used special permits providing relief from the gross weight
limitations of Sec.  179.13, PHMSA revised the section to provide FRA
the authority to approve the operation of tank cars containing
materials other than PIH materials at gross weights of up to 286,000
pounds. 75 FR 27205 (May 14, 2010). FRA published notice of its
approvals under this section on January 25, 2011. 76 FR 4250.
    In 2011, noting that the agency's stated intent in the 2010 rule
was to incorporate into the HMR existing special permits related to
tank car gross weight for tank cars carrying both non-PIH materials and
PIH materials by giving FRA authority to approve tank car weights up to
286,000 pounds for both types of tank cars, PHMSA proposed to revise
Sec.  179.13 to correct the omission of PIH material tank cars from
FRA's approval authority. See 76 FR 51324, 51331. However, when adopted
as a final rule, the regulatory language did not correct this
inadvertent omission. See 77 FR 37962, 37985 (HM-218B) (June 25, 2012).
Instead, in the final HM-218B rule, Sec.  179.13 was revised to provide
that tank cars designed to transport PIH materials and built with the
mandated safety improvements set forth in Sec.  173.244(a)(2) or (3) or
Sec.  173.314(c) or (d)) ``may have a gross weight on rail of up to
286,000 pounds upon approval by the Associate Administrator for
Railroad Safety, FRA.'' As clearly demonstrated by the 2009 and 2010
rules, it was not the intent of either PHMSA or FRA to require FRA
approval of tank cars built to the enhanced standards of Sec.
173.244(a)(2) or (3) or Sec.  173.314(c) or (d) for those cars to
operate at a gross rail load of 286,000 pounds. Accordingly, in this
rule PHMSA is proposing to revise Sec.  179.13 to correct this error
and (1) make it clear that tank cars built to the enhanced standards of
Sec.  173.244(a)(2) or (3) or Sec.  173.314(c) or (d) do not need FRA
approval to operate at gross rail loads of up to 286,000 pounds; and
(2) to provide for FRA approval of tank cars containing PIH materials
that do not meet the enhanced standards to operate at gross rail loads
of up to 286,000 pounds.

Part 180

Section 180.209
    This section prescribes requalification requirements for DOT
specification cylinders. Paragraph (j) contains a reference to an
obsolete special provision. In a January 7, 2013 final rule (78 FR
1101), we removed and relocated

regulatory text from Sec.  172.102(c)(1) Special Provision 18 to Sec.
173.309(a), which prescribes the conditions when specification
cylinders may be described, offered, and transported in commerce as
fire extinguishers. In relocating the text, we did not update this
section to reflect the change. In this rulemaking, we are proposing to
correct this inconsistency by replacing the reference to Sec.
172.102(c)(1) Special Provision 18 with Sec.  173.309(a).
Section 180.401
    This section provides the applicability of the requirements of
Subpart E of Part 180. It states that Subpart E prescribes
requirements, in addition to those contained in Parts 107, 171, 172,
173 and 178 of this subchapter, applicable to any person responsible
for the continuing qualification, maintenance or periodic testing of a
cargo tank.
    The term ``person,'' as defined in Sec.  171.8, means an
individual, corporation, company, association, firm, partnership,
society, joint stock company; or a government, Indian tribe, or
authority of a government or tribe offering a hazardous material for
transportation in commerce or transporting a hazardous material to
support a commercial enterprise. 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.
    The intent of Sec.  180.401 is to require a person involved with
continuing qualification, maintenance or periodic testing of a cargo
tank to comply with the requirements of Subpart E, even if they are not
offering a hazardous material for transportation in commerce or
transporting a hazardous material to support a commercial enterprise.
In this rulemaking, we are proposing to revise the term ``person'' to
``hazardous materials employee or hazardous materials employer.'' This
will clarify that Subpart E of Part 180 not only applies to persons
offering hazardous materials for transportation or transporting a
hazardous material, but also those involved with qualification,
maintenance or periodic testing.

V. 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 hazardous materials law authorizes
the Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. If adopted as proposed,
this NPRM would make miscellaneous amendments to the HMR, correct
errors in the Sec.  172.101 HMT and corresponding special provisions,
and respond to NTSB Safety Recommendations related to the safe
transportation of manifolded acetylene cylinders.
    Additionally, this NPRM will respond to petitions for rulemaking
related to the allowable format for emergency telephone numbers on
shipping papers, relax the pressure test interval for certain cargo
tanks in dedicated propane service, enhance the safe packaging for
nitric acid, clarify the testing requirements for specification cargo
tank pressure relief devices, harmonize the hazard communication
requirements for poisonous by inhalation materials transported by
vessel and eliminate a potentially confusing packing group designation
for certain organic peroxides, self-reactive materials and explosives.
These amendments clarify regulatory requirements and, where
appropriate, decrease the regulatory burden without compromising the
safe transportation of hazardous materials in commerce.

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

    This proposed rule is not considered a significant regulatory
action under section 3(f) and 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 Department of Transportation [44 FR 11034].
    In this notice of proposed rulemaking, we propose to amend
miscellaneous provisions in the HMR to clarify the provisions and to
relax overly burdensome requirements. 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.
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. In addition, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; and (5) consider how to best promote
retrospective analysis to modify, streamline, expand, or repeal
existing rules that are outmoded, ineffective, insufficient, or
excessively burdensome.
    In this NPRM, PHMSA has involved the public in the regulatory
process in a variety of ways. Specifically, PHMSA is addressing issues
and errors that were identified for future rulemaking in letters of
interpretation and through other correspondence with PHMSA stakeholders
who bring editorial errors in the HMR to our attention. In addition,
PHMSA has responded to seven petitions for rulemaking and two NTSB
Safety Recommendations. PHMSA is asking for public comments based on
the proposals in this NPRM. Upon receipt of public comment, PHMSA will
address all substantive comments in the next rulemaking action under
this docket number.
    The proposed amendments in the NPRM promote simplification and
harmonization through interagency coordination. In this NPRM, PHMSA is
proposing to revise 49 CFR part 175, in a collaborative effort with the
Federal Aviation Administration (FAA), to clarify the applicability of
the HMR to certain aircraft operators, clarify exceptions for
passengers and crewmembers, correct inaccurate references to the 14
CFR, as well as make minor editorial corrections applicable to air
operations to improve overall clarity. There are minimal additional
costs associated with these proposals, however increased clarity will
result in net benefits. Additionally, by updating references to the AAR
Tank Car Manual in Sec.  171.7, PHMSA worked collaboratively with FRA,
promoting interagency coordination.
    This NPRM also promotes harmonization with international standards,
such as the IMDG Code, Canada's TDG requirements and the ICAO TI. These
efforts include:
     Harmonizing hazard communication for poisonous-by-
inhalation materials with the IMDG Code and TDG regulations;
     Removing the packing group II designation for certain
organic peroxides, self-reactive substances and explosives to be
consistent with the UN Recommendations, IMDG Code and

ICAO TI and thus, facilitate international transport;
     Harmonizing entries in the HMT with the above listed
international standards;
     Revising the passenger exceptions applicable to small
cartridges containing Division 2.2 gas with the ICAO TI; and
     Harmonizing the excepted quantities requirements to mirror
language employed in the ICAO TI as they apply to articles.
    These revisions to the Sec.  172.101 HMT will eliminate errors in
the Sec.  172.101 HMT, reduce ambiguity, harmonize the HMR with
international regulations, and improve clarity. Although these
revisions are minor, they are expected to produce a safety benefit
derived from the increased clarity and accuracy of the text in the
Sec.  172.101 HMT.
    This NPRM permits flexibility in achieving compliance when
transporting damaged wet electric storage batteries. This NPRM also
extends the requalification interval for certain MC 331 cargo tanks in
dedicated propane service from five years to ten years for a pressure
test and internal visual inspection, therefore, fostering greater
regulatory flexibility without compromising transportation safety.
PHMSA is also clarifying the regulations to provide flexibility in the
ability to use the NOT-ODORIZED or NON-ODORIZED marking on cargo tanks,
cylinders and portable tanks containing odorized or unodorized LPG.
Additionally, by allowing 100 pounds of black or smokeless powder for
small arms reclassed as Division 4.1 in each transport vehicle, instead
of each motor vehicle, the regulated community can reduce the number of
motor vehicles needed to transport these goods.
    Where PHMSA identified potential costs to stakeholders, specific
comment was requested to clarify such costs. We request specific
comment on potential cost impacts of the proposals in Sec.  172.604 and
Sec.  173.158(e).
    A majority of the amendments in this rulemaking are simple
clarifications and do not require significant scientific or
technological information. However, when necessary in this NPRM, PHMSA
used scientific or technological information to support its regulatory
action. Specifically, such data was considered when structuring
alternatives on how to best deal with issues regarding the testing of
pressure relief devices for cargo tank motor vehicles and extending the
pressure test and internal visual inspection test interval from five to
ten years for certain MC 331 cargo tanks in dedicated propane delivery
service. This information was used in the evaluation of alternative
proposals and ultimately this information determined how best to
promote retrospective analysis to modify and streamline existing
requirements that are outmoded, ineffective, insufficient, or
excessively burdensome.

C. Executive Order 13132

    This 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, 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 clarify provisions based on PHMSA's initiatives and
correspondence with the regulated community. The proposed changes are
generally intended to provide relief to shippers, carriers, and
packaging manufacturers, including small entities, by easing overly
burdensome requirements with no reduction in safety.
    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. This relief will provide marginal positive economic
benefits to shippers, carriers, and packaging manufactures and testers,
including small entities. These benefits are not at a level that can be
considered economically significant;

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