[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Pages 43510-43532]
[FR Doc No: 2011-17687]

Vol. 76

Wednesday,

No. 139

July 20, 2011

Part V

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; Final Rule

Federal Register / Vol. 76 , No. 139 / Wednesday, July 20, 2011 /
Rules and Regulations

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

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

Hazardous Materials; Miscellaneous Amendments

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations to make
miscellaneous amendments to update and clarify certain regulatory
requirements. These amendments are intended to: promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and simplify the regulations. PHMSA anticipates
that the amendments contained in this rule will generate economic
benefits to the regulated community.

DATES: Effective Date: This final rule is effective on August 19, 2011.
    Voluntary Compliance Date: Voluntary compliance with all these
amendments, including those with delayed mandatory compliance, is
authorized as of July 20, 2011.
    Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule has been approved by the
Director of the Federal Register as of August 19, 2011.

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

SUPPLEMENTARY INFORMATION:

I. Background

A. Notice of Proposed Rulemaking (NPRM)

    On September 29, 2010, PHMSA published a Notice of Proposed
Rulemaking (NPRM) under this docket HM-218F. (74 FR 16135). The NPRM
proposed amendments to the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) based on PHMSA initiatives and petitions for rulemaking
submitted in accordance with 49 CFR 106.95. Most of the amendments
proposed in the NPRM were intended to provide relief to industry by
eliminating, revising, clarifying, or relaxing regulatory requirements.
Below we summarize the changes proposed in the September 29, 2010 NPRM:
     Update incorporations by reference of industry consensus
standards issued by: the Aluminum Association; the American Society for
Testing and Materials; and the Institute of Makers of Explosives (see
Sec. Sec.  173.63 and 177.835).
     Add a requirement for each applicant to a special permit
under Sec. Sec.  107.105, 107.107, and 107.109 to identify their role
as a shipper (offeror), carrier, or both.
     Revise the definition of ``person'' to include those who
manufacture, test, repair, and recondition packages (see Sec.  171.8).
     Revise the Hazardous Materials Table (HMT) to harmonize
certain entries with international standards (see Sec.  172.101) by
adding and revising certain proper shipping names. Most significantly,
we proposed to add a new entry ``Formaldehyde solutions (with not less
than 10% and less than 25% formaldehyde)'' to clarify requirements
applicable to formaldehyde and formalin with less than 10%
formaldehyde; revise the entry for ``Environmentally hazardous
substances, liquid, n.o.s.'' to provide packaging exceptions for
certain materials that are assigned to UN3082; and adding a new special
provision 176 to Sec.  172.102 to clarify the differences between Class
3 and Class 9 formaldehyde solutions.
     Add a new italicized entry to the HMT for ``Permeation
devices'' referencing a new Sec.  173.175 applicable to permeation
devices to provide an exception for permeation devices containing
hazardous materials. Permeation devices are used for calibrating air
quality monitoring devices for consistency. This proposed change would
harmonize the HMR with the current exception in the international
regulations for these devices.
     Update and clarify various hazard communication
requirements including: Class 9 label specifications; placard size; IBC
markings; and Division 6.2 labels.
     Authorize the use of an alternative bend test for DOT 3AA
and DOT 3AAX steelcylinders.
     Revise Sec.  178.71 to authorize the use of either a proof
pressure test or volumetric expansion test as described in the ISO 7866
and 9809 standards.
     Revise Sec.  171.14 transitional provisions to remove
expired transitional provisions and incorporate certain transitional
provisions into the specific sections of the HMR.
     Revise provisions in Sec.  173.56(j) to further clarify
the use of the American Pyrotechnics Association (APA) standard for
classifying and approving fireworks.
     Revise Sec.  172.404 to provide a labeling exception for
consolidation bins used to transport hazardous materials by motor
carrier.
     Revise Sec.  178.345.1 to allow vapors to escape through a
vent or drain.
     Revise Sec.  178.320 cargo tank wall definition.
     Revise Sec.  178.347-1 to clarify that a cargo tank motor
vehicle with a Maximum Allowable Working Pressure (MAWP) greater than
35 psig or designed to be loaded by vacuum must be constructed and
certified in accordance with the ASME Code.
     Revise Sec.  178.347-4 to make a clear distinction between
``designed to be loaded by vacuum'' and ``built to withstand full
vacuum.''

B. Commenters

    The comment period for the NPRM closed on November 29, 2010. Eleven
different commenters provided comments in response to the NPRM. PHMSA
received comments from the following companies, and organizations:

 United Parcel Service (UPS)
 Worthington Cylinder Corporation (Worthington)
 Veolia Environmental Services
 Institute of Makers of Explosives (IME)
 PPG Industries, Inc.
 Barlen and Associates, Inc.
 Arrowhead Industrial Services USA, Inc.
 New England Fuel Institute
 Stericycle, Inc.
 Truck Trailer Manufacturers Association (TTMA)
 American Trucking Associations (ATA)

II. Provisions Adopted in This Final Rule and Discussion of Comments

    In this section, PHMSA discusses the changes proposed in the NPRM
and the comments received in response to the NPRM. Based on an
assessment of the proposed changes and the comments received, PHMSA
identifies the provisions that are adopted in this final rule. Also, to
clearly identify the issues addressed in this final rule, PHMSA
provides the following list of contents for this section:

A. Updated Incorporations by Reference
B. Definition of ``Person''
C. Consolidation Bins
D. Transitional Provisions
E. Reporting Infectious Substances Incidents

F. Hazard Communication for IBCs
G. HMT Revisions
H. Hazard Communication
I. Exclusive Use Vehicles for Regulated Medical Waste (RMW)
J. Fireworks
K. Explosives
L. Rail Transloading Operations
M. Cylinders
N. Cargo Tanks
O. Permeation Devices
P. Alcoholic Beverage Exception
Q. Special Permits
R. Lab Packs
S. Batteries Containing Sodium or Cells Containing Sodium
T. Additional Issues Addressed in This Rule

A. Updated Incorporations by Reference

    Generally, PHMSA strives to promote consistency by incorporating
existing consensus standards into the HMR. Through the ``National
Technology Transfer and Advancement Act of 1996,'' government agencies
are directed to use voluntary consensus standards. According to the
Office of Management and Budget (OMB) Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards whenever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
    PHMSA actively participates in the development and updating of
consensus standards through representation on more than 20 consensus
standard bodies. Section 171.7 lists the matters incorporated by
reference into the HMR. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion into the HMR. Below
we discuss the consensus standards being considered for adoption in
this final rule.
    In response to a petition for rulemaking (petition number P-1495;
Docket Number PHMSA-2007-28054) submitted by IME, PHMSA reviewed the
updated American Society for Testing and Materials Standard pertaining
to the use of an alternate bend test for DOT 3AA and 3AAX cylinders in
accordance with (ASTM E290-97a (2004), ``Standard Test Methods for Bend
Testing for Material for Ductility''). PHMSA also reviewed the updated
Association of American Railroads' (AAR) pamphlet pertaining to the
Intermodal Loading of Products in Closed Trailers and Containers (AAR
Pamphlet 6C); and the updated IME's Standard pertaining to the Safe
Transportation of Detonators (IME SLP-22, Recommendations for the Safe
Transportation of Detonators in a Vehicle with Certain Other Explosive
Materials, dated February 2007).
    Currently, we reference Bureau of Explosives (BOE) Pamphlets in
several sections of the HMR that establish general handling and loading
requirements for the transportation of hazardous materials by rail
(e.g., Sec. Sec.  174.55(a); 174.101(o)(2)(3); 174.112(c)(3), and
174.115(b)(3)) (see Sec.  171.7). The BOE, part of the AAR, was founded
in 1907 by the railroad industry to serve as a self-policing agency to
promote the safe transportation of explosives and other hazardous
materials. The BOE wrote some of the first hazardous materials
regulations which were subsequently adopted and expanded upon by the
Interstate Commerce Commission (ICC) and later the U.S. Department of
Transportation.
    A number of BOE publications are referenced in the HMR for bulk and
non-bulk shipments of hazardous materials. Several of the BOE
publications focus on the safe transportation of non-bulk packages of
hazardous materials in trailer-on-flatcar service, including: BOE
Pamphlet No. 6, Approved Methods for Loading and Bracing Carload and
Less Than Carload Shipments of Explosives and Other Hazardous
Materials; Pamphlet No. 6A, Approved Methods for Loading and Bracing
Carload Shipments of Military Ammunition and Explosives; and BOE
Pamphlet 6C, Approved Methods for Loading and Bracing Trailers and
Less-Than-Trailer Shipments of Explosives and Other Dangerous Articles
Via Trailer-on-Flat-Car and Container-on-Flat-Car. Pamphlets 6 and 6A
were last updated in 1976.
    With the increasing use of intermodal methods as the preferred
means of shipping non-bulk packages of hazardous materials, the AAR
subsequently issued the Intermodal Loading Guide for Products in Closed
Trailers and Containers (Guide), replacing BOE Pamphlet 6C, Pamphlet
No. 45, and Circular No. 43-C. This Guide was issued in 1995. Despite
the industry change, BOE Pamphlets 6 and 6A remain in effect and are
referenced in the HMR.
    The Guide is intended to be a comprehensive manual for loading
commodities in trailers and containers for shipment by rail.
Incorporated into this Guide are AAR Circular 43-D, Rules for Governing
the Loading, Blocking and Bracing of Freight in Closed Trailers and
Containers for TOFC/COFC Service, the approved loading and bracing
information contained in AAR Bureau of Explosives Pamphlet 6C, and AAR
Pamphlet No. 45 on general loading in closed trailers and containers.
    The ``General Rules'' as contained in Circular 43-D are issued by
the AAR, and have been formulated for the purpose of providing safe
methods of loading in closed trailers or containers. During normal
transportation, trailers and containers may move various directions
during transport (e.g., forward, backward, side-to-side, etc.). Dynamic
forces may shift an unsecured load or cause lading to exert excessive
pressure against the front, rear doors, or sides of the trailer or
container. Lading that is improperly blocked and braced can shift and
cause the vehicle to lean on the flatcar. A leaning vehicle can cause a
sideswipe or contribute to a derailment. The loading methods, as
described in the Guide, are approved by the Damage Prevention and
Freight Claim Committee and are minimum industry acceptance standards
that have been evaluated and approved by the member railroad carriers
serving on the committee.
    In the NPRM, PHMSA clearly indicated that updating the
incorporation by adding reference to these standards promotes safety
without imposing significant compliance burdens. The standards have a
well established and documented safety history. Further, adopting the
standards will enhance the current level of safety achieved under the
HMR.
    PHMSA received mostly supportive comments. However, PHMSA received
one comment from the ATA opposing the incorporation by reference of AAR
Pamphlet 6C into the HMR. ATA stated, ``ATA opposes the incorporation
by reference of industry standards where such standards are developed
without the benefit of formal rulemaking and where such standards are
not provided to the public free of charge. We note that Pamphlet 6C is
not available to the public but may be ordered from the Association of
American Railroads for $120.'' ATA further stated that ``PHMSA should
first publish the text of the standard in the Federal Register and
solicit comments on it prior to its incorporation into the HMR. In
addition, PHMSA should ensure that the specific industry standard
incorporated into the HMR remains available to the regulated community
free of charge.'' ATA suggested PHMSA make a copy of the standards
available on its Web site.

    PHMSA agrees with the commenter that it would be useful for
everyone to be able to access these documents. To this end, PHMSA
continues to research appropriate methods to provide matters
incorporated by reference to the regulated community. For example, on
March 1, 2011, PHMSA published an advance notice of proposed rulemaking
(ANPRM) under Docket No. PHMSA-2005-0019 (HM-241), entitled ``Hazardous
Materials: Adoption of ASME Code Section XII and the National Board
Inspection Code.'' The ANPRM considers incorporation by reference of
the ASME's ``Boiler and Pressure Vessel Code, Section XII'' for the
design, construction, and certification of cargo tank motor vehicles,
cryogenic portable tanks and multi-unit-tank car tanks (ton tanks) and
the National Board of Boiler and Pressure Vessel Inspector's (National
Board) ``National Board Inspection Code'' as it applies to the
continuing qualification and maintenance of ASME stamped cargo tank
motor vehicles, portable tanks, and multi-unit-tank car tanks (ton
tanks) constructed to standards in ASME Section VII or ASME Section XII
(76 FR 11191). In the ANPRM, PHMSA notified the public of the
electronic availability of the ASME ``Boiler and Pressure Vessel Code,
Section XII'' (2010 Edition) and the National Board's ``National Board
Inspection Code'' (2007 Edition). Further, PHMSA extended the comment
period for the ANPRM published on December 23, 2010 (75 FR 80765).
Moving forward, PHMSA will work to make matters incorporated by
reference available to the public for review, free of charge, during
open comment periods.
    As for AAR Pamphlet 6C, PHMSA believes that we can and should adopt
the standard since the standard provides an enhanced level of safety
without imposing significant compliance burdens. These materials have a
well-established and documented safety history. As in the case of ASTM
E290-97a, this is an alternative and this final rule does not mandate
the use of this standard. Therefore, at this time, we are adopting all
of the incorporation by references, including the AAR Pamphlet 6C, as
proposed.

B. Definition of ``Person''

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

C. Consolidation Bins

    Consolidation bins are commonly used by motor carriers to
consolidate and transport hazardous materials packages. Consolidation
bins are not offered by a shipper, rather, they are used by a motor
carrier to consolidate, secure against movement, and provide additional
protection for small packages. Currently, under the provisions of Sec.
172.404(b), a consolidation bin is an outside container and must be
labeled as required for each of the hazardous materials it contains.
The ATA petitioned PHMSA (petition number P-1545; Docket Number PHMSA-
2009-0236) to allow motor carriers to use consolidation bins to
transport packages of hazardous materials without having to affix
labels to the consolidation bin for each class of hazardous material
contained within the bin.
    In its petition, ATA suggested that consolidation bins promote
safety by reducing damage to packages of hazardous materials, improve
regulatory compliance by ensuring that packages are effectively blocked
and braced on a vehicle, improve transportation efficiency by
minimizing handling of numerous small packages, and allow packages
moving to a specific terminal to be grouped together and to be
transferred more efficiently from one motor vehicle to another.
However, according to ATA, motor carriers are foregoing the use of
consolidation bins because the dynamic nature of motor carrier
operations makes the labeling and unlabeling of the bins impracticable.
ATA gives the following reasons:
     Drivers would have to be trained on when to affix and
remove labels as freight is picked up and dropped off.
     Each motor vehicle would have to be equipped with multiple
sets of all labels, as drivers do not know the hazard classes of
freight they will pick up prior to arriving at the consignor's
facility.
     It is physically difficult to properly affix labels on a
reusable consolidation bin in a manner that ensures they do not come
off while in transportation and then remove those labels as packages
within the bins are delivered.
    ATA states: ``The use of unlabeled consolidation bins will not
compromise the safe transportation of hazardous materials. Hazardous
materials packaging loaded into the consolidation bin will be marked,
labeled, and manifested on a hazardous material shipping paper. While
some of these package labels may not be visible within the
consolidation bin, this situation is identical to the current
transportation of packaging where labels may be obscured by the
position of the package or its placement in the vehicle.* * * '' In its
petition, ATA proposes a new paragraph (c) to Sec.  172.404 to allow a
motor carrier to use an unlabeled consolidation bin for its own
convenience, to include trailer-on-flatcar service, and proposes a
specific definition in Sec.  171.8 for the term ``consolidation bin.''
    In addition to the petition for rulemaking by ATA, PHMSA issued
special permit, DOT-SP 14881, authorizing the use of consolidation bins
without hazard warning labels on the outside of the bins. This special
permit was issued on December 3, 2009, and has been routinely used with
no reported incidents. The special permit requires the consolidation
bin be marked with an indication of each hazard class or division
within it; that packages be secured within the bin by other packages or
other suitable means to prevent shifting or significant relative motion
between the packages; that the consolidation bins be otherwise properly
blocked and braced within the transport vehicle; and that the packages
be loaded only by employees of the motor carrier.
    PHMSA agrees that there are safety benefits to using consolidation
bins and that it may be impractical for a motor carrier to label and
remove labels for packages transported in consolidation bins.
Therefore, we proposed to allow an exception from labeling for
consolidation bins used for the convenience of a motor carrier.
However, PHMSA was concerned that, in the absence of any marking or
label on the consolidation bin, a person other than the person who had
placed packages in the bin may have no indication the bin contains a
hazardous material. To address this concern, and consistent with the
terms of the special permit, we proposed in the NPRM to require the bin
to be marked in a manner that indicates it contains a hazardous
material. We also proposed to incorporate several provisions of the
special permit, including limiting the size of a consolidation bin to
less than

64 cubic feet capacity, so as not to conflict with hazard communication
requirements for freight containers. We also proposed that the
consolidation bin must be reusable, made of materials such as plastic,
wood, or metal. PHMSA was concerned that consolidation bins made of
cardboard are not of sufficient strength to meet the requirements in
this proposal. Accordingly, PHMSA requested comments on the use of
cardboard and what standards should be established if cardboard would
be authorized for use, i.e., thickness, wall type, burst strength, etc.
    We also proposed in the NPRM that packages may only be placed
within the consolidation bin and the bin be loaded on a motor vehicle
by an employee of a single motor carrier. Additionally, we proposed
that consolidation bins may only be transported by a single motor
carrier, or on railcars transporting such vehicles. We believe the
proposed language in Sec.  172.404(c) obviates the need for a separate
definition for ``consolidation bin'' in Sec.  171.8.
    In addition to the proposal to address the ATA petition, we
proposed to revise paragraph (b) of Sec.  172.404, to clarify that an
outside container or overpack need not be labeled, if labels on the
packages contained therein are visible, for consistency with the
overpack provisions of Sec.  173.25(a)(2).
    PHMSA received comments, from ATA, the UPS, and PPG Industries,
Inc. regarding this proposed amendment. UPS supports the proposed
labeling exception for consolidation bins. UPS indicated their
experience using consolidation bins has been very successful. According
to UPS, terminals using the bins have experienced zero damage to
packages contained in the bins, a great improvement compared to UPS's
efforts to secure these types of packages without consolidations bins.
UPS supports, and ATA does not object to, proposals that would permit
marking the bin or using a tag to indicate each hazard class or
division contained therein, in place of requiring the application of
individual hazard labels. According to UPS, ``the ability to use such
consolidation bins without the labeling requirement greatly improves
and simplifies the processes involved in using the bins.'' However, UPS
and ATA do not support the proposal to limit the use of consolidation
bins to a single motor carrier. UPS states `` * * * that this proposed
limitation potentially removes the safe and beneficial handling
practices it experiences from application in networks involving motor
carriers utilizing contracts with other motor carriers to extend
coverage.''
    UPS indicates that when used for small, unpalletized packages of
hazardous materials, the consolidation bins significantly reduce
damages. In light of these benefits, UPS respectfully requests that
PHMSA reconsider its proposed limitation restricting use of the bins to
a single motor carrier. UPS states, ``These bins should be available to
move among motor carriers that collectively, and through contracts,
make up a comprehensive operating network * * *'' UPS believes that
``as long as the motor carriers in the network are operating under
contract to the main motor carrier company, the drivers working for the
vendor carriers are fully informed about bins being used, and are
advised on how to identify the contents in the bins, interlining can
successfully be used across the network.'' In addition, ATA commented
that PHMSA could permit interlining and transfers of consolidation bins
between carriers by including a requirement to inform the subsequent
carrier on the use of the consolidation bin and its contents.
    PPG Industries supports the use of consolidation bins by motor
carriers to consolidate small packages of hazardous materials as
proposed. PPG states, ``The benefits of package consolidation and
reduced damage would seem to outweigh the lack of display of hazard
labels on the outside of consolidation bins containing small
packages.''
    PHMSA agrees with the important safety benefits of providing for
the use of consolidation bins when transporting hazardous materials by
motor vehicle. However, we do not agree with commenters who requested
that the proposed limitation for the use of consolidation bins by a
single motor carrier be removed. The use of consolidation bins is a
carrier function. Each carrier operation is unique to that particular
carrier, as well as their consolidation bins they use for consolidating
and securing freight. Limiting the use of the consolidation bins to a
single motor carrier actually enhances safety in handling and
transporting hazardous materials. In addition, freight transferred
between carriers may be overpacked to provide the same safety and
handling benefits. Therefore, we are adopting this amendment as
proposed.
    PHMSA requested comments on the use of cardboard and what standards
should be established if cardboard would be authorized for use, i.e.,
thickness, wall type, burst strength, etc. We received no comments on
the use of cardboard and what standards should be established if
cardboard would be authorized. PHMSA is concerned that consolidation
bins made of cardboard are not of sufficient strength to meet the
requirements in this proposal. Therefore, PHMSA is not authorizing the
use of cardboard consolidation bins. The consolidation bin requirements
are adopted as proposed.

D. Transitional Provisions

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

Fuel Institute (NEFI) supporting these amendments.
    PHMSA's proposal to move the provision for use of the 5.2 label and
5.2 placard, conforming to the label and placard specifications in
effect on December 31, 2006, with a January 1, 2011 transition date,
except for highway transportation, is now outdated. Therefore, PHMSA is
removing the provision authorizing use of the 5.2 label and 5.2 placard
in effect on December 31, 2006 for all modes except highway until
January 1, 2011 since the date has now passed. The use of the 5.2
placard in effect on December 31, 2006, is authorized for use by
highway until January 1, 2014. With the exception of the transitional
provision regarding the 5.2 label with the January 1, 2011 transition
date discussed above, PHMSA is adopting this amendment as proposed.
    Additionally, PHMSA's proposal to move the provision to a Special
Provision 178 for the use of proper shipping name ``Gasohol gasoline
mixed with ethyl alcohol, with no more than 20 percent alcohol'' which
went into effect on January 28, 2008, may continue to be used until
October 1, 2010. This provision authorizing the use of the proper
shipping name ``Gasohol gasoline mixed with ethyl alcohol, with no more
than 20 percent alcohol'' is now out dated since the October 1, 2010
transition date has passed. Therefore, we are not adopting this
amendment as proposed. As of October 1, 2010, the new proper shipping
name ``Ethanol and gasoline mixture or ethanol and motor spirit mixture
or ethanol and petrol mixture'' and the revised proper shipping name
``Gasohol gasoline mixed with ethyl alcohol, with not more than 10%
alcohol'' must be used as appropriate.

E. Reporting Infectious Substances Incidents

    Section 171.15 establishes requirements for immediate notice of
incidents involving certain hazardous materials. The Centers for
Disease Control and Prevention is no longer accepting calls providing
notice of incidents involving an infectious substance (etiologic
agent). In the NPRM, PHMSA proposed to remove the alternative to
provide notice to the Centers for Disease Control and Prevention of
incidents involving an infectious substance (etiologic agent).
Specifically, we proposed to remove the following text from paragraph
(a) referencing the Centers for Disease Control and Prevention which
states: ``Notice involving an infectious substance (etiologic agent)
may be given to the Director, Centers for Disease Control and
Prevention, U.S. Public Health Service, Atlanta, GA,<PHONE_NUMBER> (toll
free), in place of notice to the NRC.''
    PHMSA did not receive any comments opposing this amendment;
therefore, this deletion is adopted as proposed.

F. Hazard Communication for Intermediate Bulk Containers (IBCs)

    Section 172.336 requires identification numbers to be displayed on
either orange panels or a plain white square-on-point display
configuration having the same outside dimensions as a placard. Section
172.514 provides an exception to placarding for IBCs that authorizes
IBCs to be labeled rather than placarded. However, there is no
provision in the HMR that allows the proper shipping name and UN number
to be displayed in lieu of displaying the UN number on a placard,
orange panel, or white square-on-point configuration. 49 CFR
172.332(a). For international transport in accordance with the IMDG
Code, IBCs are not required to display a UN number on a placard or
orange panel. They are, however, required to be marked and labeled. To
comply with both the HMR and IMDG Code, some shippers are having
difficulty fitting all of the various markings, labels, placards on a
steel cage IBC. These IBCs are constructed with a metal plate and all
of the required markings, labels, placards do not fit in the allowed
space on the metal plate; some must be affixed to the metal boards with
clips or other holding devices which, although secured, run the risk of
becoming dislodged during transportation. To meet all of the necessary
requirements, a shipper may place all of the following items on the
IBC: a placard with the UN number; a hazard label; the proper shipping
name and UN number; and the GHS product labeling requirements. Shippers
generally do not use the UN number on the orange panel because this
configuration is too large for the metal plate.
    For international harmonization, PHMSA proposed in the NPRM to
revise Sec.  172.336 by adding a new paragraph (d) to indicate that
when a bulk packaging is labeled instead of placarded in accordance
with Sec.  172.514(c), identification numbers may be displayed in
accordance with Sec.  172.301(a)(1). Additionally, we proposed to
revise Sec.  172.514(c)(4) to indicate that IBCs that are labeled on
two opposite sides rather than placarded, are authorized to display the
proper shipping name and UN number in lieu of displaying the UN number
on a placard, orange panel, or white square-on-point configuration.
    In a petition for rulemaking (P-1392), Vinings Industries, Inc.,
has noted that given the size of bulk packaging covered by the placard-
to-label exception and the fact that these packaging are generally
transported in closed vehicles, the same logic used to justify a small
display of the hazard identity (e.g. labels instead of placards) would
support a small, more flexible, display of the identification number.
PHMSA agrees that the petition has merit. Therefore, in the NPRM, PHMSA
proposed to revise Sec.  172.336 by adding new paragraph (d) to allow
the use of smaller identification markings when a bulk packaging is
labeled instead of placarded.
    PHMSA did not receive any comments opposing these amendments.
However, PPG Industries suggested that it would be clearer to have the
IBC marking options displayed in one section within Subpart D of Part
172. They believed having the marking reference within the placarding
section is confusing.
    PHMSA disagrees with PPG Industries' suggestion. The placarding
exception in Sec.  172.514(c) is the impetus of this regulatory change.
The link between the placarding and marking exceptions is essential to
provide consistency and eliminate confusion. We are adopting these
amendments as proposed.

G. HMT Revisions

    PHMSA proposed a number of revisions to the Hazardous Materials
Table (HMT; Sec.  172.101), for the purpose of harmonizing with
international standards. These proposed revisions included the
following:
     Section 172.101(c) provides instruction on the use of the
Column (2) list of hazardous materials descriptions and proper shipping
names in the HMT. Included in paragraph (c)(2) is instruction on use of
the word ``or.'' The word ``or'' in italics indicates that there is a
choice of terms in the sequence that may be used as the proper shipping
name or as part of the proper shipping name. PHMSA proposed to clarify
this provision by including further instruction on the use of the word
``or.'' We proposed to include examples to indicate that the term
``or'' authorizes the use of either the first or the second term in the
description of the hazardous materials in the proper shipping name. For
example, the entry ``Carbon dioxide, solid or Dry ice'' means that
either ``Carbon dioxide, solid'' or ``Dry ice'' may be used as the
proper shipping name; and, the entry ``Articles, pressurized pneumatic
or hydraulic''

means that either ``Articles, pressurized pneumatic'' or ``Articles,
pressurized hydraulic'' may be used as the proper shipping name.
     The entries for ``Formaldehyde, solutions'' and
``Formalin'' are sometimes used incorrectly. Formalin is specifically
defined as a 37% aqueous solution of formaldehyde. A 10% formalin
solution and 10% formaldehyde solution are not the same materials for
transport purposes. Many diagnostic and biological samples are
transported by commercial aircraft in formaldehyde solutions of various
concentrations. Some samples transported in 10% or greater formaldehyde
solutions are incorrectly shipped as unregulated materials. Other
samples transported in 3.7% formaldehyde (10% formalin) solutions are
incorrectly shipped as fully regulated hazardous materials. A
formaldehyde solution, with less than 25% but not less than 10%
formaldehyde is a Class 9 material. PHMSA proposed to include a new
italicized entry in Column (2) of the HMT for 10%-25% formaldehyde
solutions to enhance understanding of the entries in the HMT. This new
entry would reference the proper shipping names ``Aviation regulated
liquid, n.o.s'' and ``Other regulated substances, liquid, n.o.s.''
    Formalin is an aqueous solution of formaldehyde and methanol and is
a Class 3 flammable liquid material. The entry ``Formaldehyde
solutions, flammable, UN1198'' is intended for use as a hazardous
materials description for formalin. Note that the less common
``methanol-free'' formalin is not a Class 3 material. Therefore, for
further clarification, we proposed to revise the ``Formaldehyde,
solutions, flammable'' entry by adding a new special provision 176 to
specify that the entry is intended for use as proper shipping name for
formaldehyde solutions containing methanol.
    PHMSA became aware of a typographical error in the entry
``Formaldehyde solutions'' which has an extra comma between
``Formaldehyde'' and ``solutions.'' Therefore, PHMSA proposed to
correct this error by removing the comma between ``Formaldehyde'' and
``solutions'' in the proper shipping name for UN1198.
    PHMSA received no comments on these proposed changes to the HMT.
Therefore, we are adopting these amendments, with an edit to
``Formaldehyde solutions, UN1198,'' entry as proposed.
     In a final rule, under Docket HM-215I, PHMSA revised the
proper shipping name for ``Regulated medical waste, n.o.s, UN3291'' to
include ``Clinical waste unspecified, n.o.s.'' and ``(BIO) Medical
waste, n.o.s.'' under a combined proper shipping name entry. It has
come to our attention that combining all the proper shipping names
under the one entry makes it difficult to know the other proper
shipping names exist. In the NPRM, PHMSA proposed to give each proper
shipping name its own entry in the HMT with a cross reference to the
others.
     For the entry ``Battery-powered vehicle or Battery-powered
equipment, UN3171,'' the stowage category ``A'' entry in Column (10A)
was inadvertently omitted. PHMSA proposed to reinstate in Column (10A)
of the HMT stowage category ``A.''
     A new italicized entry ``Permeation devices, containing
dangerous goods, for calibrating air quality monitoring equipment''
would be added referencing Sec.  173.175 to indicate that permeation
devices that contain dangerous goods and are used for calibrating air
quality monitoring devices are not subject to the HMR requirements
provided the conditions of Sec.  173.175 are met. This proposed
revision was submitted to PHMSA as a petition for rulemaking (petition
number P-1493; Docket Number PHMSA-2007-27318) from the URS Corp.
requesting harmonization with the international regulations on the
exception for permeation devices in Special Provision A41 of the ICAO
Technical Instructions.
    PHMSA received no comments concerning these proposed amendments.
Therefore, we are adopting these amendments as proposed.
     Section 172.102 lists a number of special provisions
applicable to the transportation of specific hazardous materials.
Special provisions contain packaging requirements, prohibitions, and
exceptions applicable to particular quantities or forms of hazardous
materials. For consistency with international regulations, PHMSA
proposed in the NPRM to add a new Special Provision 173 to provide a
specification package exception for certain adhesives, printing inks,
printing ink-related materials, paints, paint-related materials, and
resin solution which are assigned to ``Environmentally hazardous
substances, liquid, n.o.s., UN3082.''
    The proposed change is consistent with an exception recently
adopted within the United Nations Model Regulations on the Transport of
Dangerous Goods (UN Model Regulations). The exception adopted into the
UN Model Regulations expands packing provision PP1 of Packing
Instruction P001 and provides that metal or plastic packaging for
substances of Packing Groups II and III in quantities of 5 liters or
less per packaging are not required to be packed in specification
packaging when transported under specific conditions. In the HM-215J
final rule published January 4, 2010, PHMSA indicated that it was
evaluating the adoption of these provisions. (75 FR 63). PHMSA has
completed this review and proposed to adopt this provision on the basis
that environmentally hazardous paints, adhesives, printing inks, etc.
pose a lesser hazard than flammable and corrosive paints which are
already provided this exception in the HMR.
    PHMSA received one comment from PPG Industries supporting the
proposal to add Special Provision 173. PHMSA did not receive any
comments opposing the HMT changes discussed above. Therefore, we are
adopting this amendment as proposed.

H. Hazard Communication

    1. Section 172.203(c) provides additional shipping paper
description requirements. PHMSA received a petition for rulemaking
(petition number P-1456; Docket Number PHMSA-2005-21198) from the AAR
to suggest that we require shipping papers to include a notation for
shipments of non-odorized liquefied petroleum gas (LPG). Most LPG
shipments contain an odorant. Thus, in the event of an accident
involving LPG, emergency responders may assume that no LPG is leaking
if they cannot detect an odor. To ensure that emergency responders are
made aware that a shipment of LPG is not odorized, PHMSA proposed to
revise Sec.  172.203(c) to require a notation that the LPG shipment
does not contain an odorant.
    We received one comment from New England Fuel Institute (NEFI)
supporting this proposed amendment. NEFI supports adding the words
``non-odorized'' to the proper shipping name on shipping papers for
non-odorized LPG, and believes it will aid emergency responders.
    We received no comments opposing this amendment. Therefore, we are
adopting this amendment as proposed.
    2. Section 172.324 provides additional marking requirements for
hazardous substances in non-bulk packaging. For clarification purposes,
PHMSA proposed to amend this section to require a package containing a
limited quantity that also meets the definition for a hazardous
substance to be marked with the name of the hazardous substance on the
package, in

parentheses, in association with the proper shipping name or the
identification number, as applicable.
    PHMSA received one comment from PPG Industries noting that PHMSA
adopted this marking requirement under Docket HM-215K (76 FR 3308). The
commenter is correct, the new limited quantity marking amendment was
adopted in the Docket HM-215K, final rule, published on January 19,
2011. Therefore, PHMSA is not adopting the proposed amendment in this
final rule.
    3. Section 172.432 describes the Infectious Substance label size
and color and provides an illustration of how it must appear.
References to the Centers for Disease Control (CDC) are no longer
required on this label. Therefore, we proposed to remove the text that
refers to the CDC on the label. The text states ``In U.S.A. Notify
Director--CDC, Atlanta, GA 1-800-232-0124''. PHMSA proposed to allow
three years from the effective date of the final rule to use up
existing stocks.
    PHMSA received no comments on this proposed amendment. Therefore,
we are adopting this amendment as proposed.
    4. Section 172.446 describes the Class 9 label specifications,
including size, color, and an illustration of how it must appear. The
Class 9 label specifications illustrated in the HMR is different from
international regulations in that it features a thin, horizontal line
running across the label at its midpoint (just at the bottom of the
vertical black bars). There is no similar line in the international
standards such as the International Civil Aviation Organization (ICAO)
Technical Instructions and the International Maritime Dangerous Good
(IMDG) Code. Some shipments are being delayed and required to be
relabeled by international carriers due to this difference in the Class
9 label specifications. In an effort to avoid continued frustrated or
delayed shipments, PHMSA proposed in the NPRM to revise the Class 9
label specifications by removing the horizontal line running across the
label at its midpoint. We also proposed a three year transition from
the effective date of the final rule to deplete existing stocks.
    PHMSA received one comment from the UPS on this proposal to revise
the Class 9 label. UPS supports this proposed change for its potential
to eliminate shipment delays.
    PHMSA received no comments opposing this amendment. Therefore,
PHMSA is adopting this amendment as proposed.
    5. Section 172.519 establishes general specifications for placards.
Paragraph (c)(1) states that each placard must measure at least 273 mm
(10.8 inches) on each side and must have a solid line inner border
approximately 12.7 mm (0.5 inches) from each edge.
    For international harmonization, PHMSA proposed in the NPRM to
authorize the use of placards measuring from 250 mm (9.84 inches) on
each side and having a solid line inner border approximately 12.7 mm
(0.5 inches) from each edge.
    PHMSA received one comment from the New England Fuel Institute
supporting this proposed amendment, as long as the current placard size
and design is maintained and authorized, in addition to the harmonized
placards. PHMSA is adopting this amendment as proposed. However, the
HMR will continue to permit the use of the larger placard sizes.

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

    Section 173.134 establishes definitions and exceptions for
infectious substances. Paragraph (c)(2) requires RMW that contains
Category B cultures and stocks to be transported on a vehicle ``used
exclusively'' to transport RMW. In the NPRM, PHMSA proposed to revise
Sec.  173.134(c)(2) to incorporate the clarifications from a March 19,
2007 letter of interpretation (Ref. No. 07-0057). Specifically, PHMSA
proposed to clarify that the following materials may be transported on
a vehicle used exclusively to transport RMW: (1) Plant and animal waste
regulated by the Animal and Plant Health Inspection Service (APHIS);
(2) waste pharmaceutical materials; (3) laboratory and recyclable
wastes; (4) infectious substances that have been treated to eliminate
or neutralize pathogens; (5) forensic materials being transported for
final destruction; (6) rejected or recalled health care products; and
(7) documents intended for destruction in accordance with Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
requirements.
    PHMSA received one comment from Stericycle, Inc. (Stericycle)
supporting this amendment. Stericycle also commented that the rationale
underlying PHMSA's decision to authorize the transportation of multiple
waste streams from medical facilities should also apply to other
regulated activities, specifically to Special Permit 13556, which
authorizes the transportation of sharps in specialized containers.
    PHMSA has determined that incorporating Special Permit 13556 into
the HMR is beyond the scope of this rulemaking. Therefore, PHMSA is
adopting this amendment as proposed.

J. Fireworks

    Section 173.56 specifies the requirements for classification and
approval of new explosives, including fireworks in Sec.  173.56(j). The
section incorporates by reference the APA Standard 87-1 for classifying
and approving fireworks. The text of Sec.  173.56(j) permits the use of
APA Standard 87-1 for determining fireworks classification as Division
1.3 or 1.4 explosive materials. The APA standard is also used to
classify a pyrotechnic device as 1.1G. Therefore, in the NPRM, PHMSA
proposed to delete the words ``Division 1.3 and 1.4'' in the
introductory paragraph so that the sentence reads, ``Fireworks may be
classed and approved by the Associate Administrator without prior
examination and offered for transportation if the following conditions
are met:''
    PHMSA did not receive any comments regarding this amendment.
However, PHMSA is developing a more comprehensive rulemaking to address
this issue, as well as other issues involving fireworks. Therefore, in
this final rule, PHMSA is not adopting any requirements specific to
fireworks.

K. Explosives

    Section 173.60 provides general packaging requirements for shipping
Class 1 (explosive) materials. In a petition for rulemaking (petition
number P-1527; Docket Number PHMSA-2008-0195), Mr. Alexander Fucito,
the petitioner, asks PHMSA to revise the HMR to allow flexibility in
testing and preparation of unpackaged shipments consisting of large and
robust explosive articles. The petitioner contends that the current
thermal stability and drop test requirements provided by Test Series 4
of the UN Manual of Tests and Criteria are unsafe and pose an
unrealistic burden for persons who transport these articles. The
petitioner asks PHMSA to revise Sec.  173.60(b) to allow large and
robust foreign munitions to be transported in the original,
manufacturer provided, shipping configuration.
    Section 173.60(b)(14) contains the same language as the footnote in
Packaging Instruction 130 for named UN numbers in the UN
Recommendations, Paragraph <IP_ADDRESS>. However, there is a second
paragraph to Paragraph <IP_ADDRESS> that has not yet been incorporated into
the HMR. That paragraph reads: ``Where such large explosive articles
are as part of their operational safety and suitability tests are
subjected to test

regimes that meet the intentions of these Regulations and such tests
have been successfully undertaken, the competent authority may approve
such articles to be transported under these Regulations.'' In the NPRM,
PHMSA proposed to add modified text of this paragraph from the 15th
Edition of the UN Recommendations to Sec. Sec.  173.60(b)(14) and
173.62(c) Packing Instruction 130 in the Table of Packing Methods to
provide greater harmonization and account for the concerns expressed by
Mr. Fucito in Petition P-1527.
    PHMSA did not receive any comments regarding this amendment;
therefore, we are adopting this amendment as proposed.

L. Rail Transloading Operations

    Section 174.67 provides general requirements for rail tank car
transloading operations for hazardous materials. In a petition for
rulemaking (petition number P-1481; Docket Number PHMSA-2006-25900),
Musket Corporation requests several revisions to this section.
Specifically, the petitioner asks for clarification of manhole opening
requirements, suggesting that the requirement for manhole covers to be
opened during transloading operations conflicts with procedures to
contain or control vapors during transloading or unloading operations
where venting is accomplished through vapor valves rather than manhole
openings. Additionally, certain companies pneumatically unload tank
cars, and this process cannot be accomplished with the manhole cover
open. In addition, the petitioner notes that the language requiring
manhole covers to be opened during this process conflicts with
regulations from other regulatory bodies, such as the Environmental
Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories, Subpart PP. Finally, the petitioner
suggests that this requirement conflicts with a number of air quality
control permits that restrict the amount of emissions companies can
vent into the atmosphere.
    In response to this petition, PHMSA proposed to revise Sec.  174.67
in the NPRM to clarify and further address closed systems in
transloading operations. PHMSA proposed that for closed systems, before
a manhole cover or outlet valve cap is removed from a tank car, the car
must be relieved of all interior pressure by cooling the tank with
water or by venting the tank by raising the safety valve or opening the
dome vent at short intervals. However, if venting to relieve pressure
will cause a dangerous amount of vapor to collect outside the car,
venting and unloading must be deferred until the pressure is reduced by
allowing the car to stand overnight, otherwise cooling the contents, or
allow venting to a closed collection system. These precautions are not
necessary when the car is equipped with a manhole cover that hinges
inward or with an inner manhole cover that does not have to be removed
to unload the car, and when pressure is relieved by piping vapor into a
condenser or storage tank.
    PHMSA received no comments regarding this amendment; therefore, we
are adopting this amendment as proposed.

M. Cylinders

    1. Section 173.302 provides the requirements for filling cylinders
with non-liquefied (permanent) compressed gases. Section 173.304
provides the requirements for filling cylinders with liquefied
compressed gases. In a final rule under Docket HM-224B [72 FR 55091],
PHMSA added DOT 39 cylinders to the types of cylinders authorized for
the transportation of compressed oxygen and other oxidizing gases
aboard aircraft in Sec. Sec.  173.302 and 173.304. It has come to our
attention that when we included DOT 39 cylinders with the other types
of cylinders, we did not recognize that DOT 39 cylinders have a
different pressure relief device (PRD) setting tolerance than the other
authorized cylinders. Therefore, in the NPRM, we proposed to revise
paragraph (f)(2) of Sec.  173.302 and paragraph (f)(2) of Sec.  173.304
to prescribe the PRD setting tolerance for DOT 39 cylinders. In the
NPRM, PHMSA proposed to revise these sections to prescribe the PRD
setting tolerance for DOT 39 cylinders.
    Worthington Cylinder Corporation (Worthington) supports the
proposal but stated it creates a major conflict with CGA Publication S-
1.1 and completely eliminates shipping DOT 39 cylinders by air where
the rupture disk is welded to the cylinder. Worthington agrees that a
proposed change can be submitted to CGA and CGA Publication S-1.1 in
order to ``catch-up'' to 49 CFR requirements. Worthington also stated
that oxygen can be shipped in low-pressure cylinders and that PHMSA
only considered high pressure DOT 39 cylinders that contain a valve
with a rupture disk. Worthington suggested adding the alternative use
of a CG-2 or CG-3 device as defined in CGA Publication S-1.1 to our
proposal to maintain an acceptable level of safety. Worthington stated,
``Adding the alternative use of a CG-2 or CG-3 device would maintain
the level of safety by having maximum containment of the oxygen or
oxygen mixture in the cylinder. Like the CG-1 device, the CG-2 or CG-3
device will empty the contents of the cylinder.''
    Barlen and Associates (Barlen) did not support our proposal stating
it effectively bans air shipment of oxygen and its mixtures in DOT 39-
cylinders. Barlen stated that ``even if the DOT at some point again
allowed air shipment of oxygen, this proposed change would still for
all practicable purposes ban air shipments of oxygen and oxygen-rich
mixtures in DOT-39 cylinders.'' Barlen also suggested that a
``different solution might be for DOT to totally ignore the CGA S-1.1
and change all DOT-39 cylinders to its `shipped by air only' setting.
However, that solution would involve changing the settings on millions
of DOT-39 cylinders (all those 1 pound Bernzomatic type cylinders,
etc.)''
    PHMSA has considered Worthington and Barlen's comments and
suggestions. Further, PHMSA recently received a petition for rulemaking
(P-1580) highlighting additional concerns regarding the PRD setting for
DOT 39 cylinders. To fully consider both the comments and the petition
PHMSA has elected not to adopt the proposed amendment to the PRD
setting for DOT-39 cylinders in this final rule. PHMSA plans to address
the issue in a future rulemaking.
    2. Section 178.35 contains general requirements for specification
cylinders. Paragraphs (c)(4) and (g) require the inspector to complete
certain reports containing the applicable information listed in the
Compressed Gas Association publication, CGA C-11 ``Recommended
Practices for Inspection of Compressed Gas Cylinders at Time of
Manufacture'' and any additional information or markings required by
the applicable specification. These documents must be provided to the
cylinder manufacturer and, upon request, to the purchaser. PHMSA
compliance inspections reveal sometimes these reports are completed
several months after the cylinders are sold. In the NPRM, PHMSA
proposed to consolidate the inspectors' reports requirements into
paragraph (c)(4). A new paragraph (g) would be added to clarify the
cylinder manufacturer must have all completed test and certification
reports available at or before the time of delivering the cylinders to
the purchaser. In addition, the manufacturer's report retention
requirement in paragraph (h) would be relocated to paragraph (g) and
paragraph (h) would be removed.

    Worthington opposed the proposed amendments in Sec.  178.35 to
require certification reports available at or before the time of
delivering the cylinders to the purchaser. Worthington indicates that
the proposal should consider that a single manufacturing facility can
produce tens of thousands of cylinders daily. Depending on the cylinder
design, this could require 50-75 reports daily. To comply with the
required proposal for reports before shipment arrives at the customers,
Worthington stated that, ``cylinder manufacturers and independent
inspection agencies will have to add personnel which increases customer
costs for no value added or safety benefit.''
    PHMSA does not agree with the commenter. This documentation is
necessary to understand and evaluate cylinder related failures (e.g.,
as cylinder burst) and to promote safety. The certification reports
from the inspector and given to the manufacturer must be available at
or before the time of delivering the cylinders to the purchaser. PHMSA
compliance inspectors revealed that sometimes these reports are
completed several months after the cylinders are sold.
    PHMSA is adopting the revisions to test reports in Sec.  178.35 as
proposed. This change will clarify that a cylinder manufacturer must
have all completed test and certification reports available at or
before the time of delivering the cylinders to the purchaser.
    3. Section 178.37 sets forth manufacturing specifications for DOT
3AA and 3AAX seamless steel cylinders, in addition to requirements set
forth in Sec.  173.35. Paragraphs (j) and (l) specify the flatting test
procedures and rejection criteria respectively. PHMSA received a
petition (petition number P-1513; Docket Number PHMSA-2008-0065) from
Worthington requesting a revision to Sec.  178.37 to authorize the use
of an alternate bend test conducted in accordance with the procedures
in ASTM E 290-97a (2004) for DOT 3AA and 3AAX cylinders. The petitioner
states that the proposed bend test demonstrates ductility of the
cylinder with the same accuracy as the flattening test at a lower cost
to cylinder manufacturers. We agree with the petitioner that the use of
the bend test is acceptable for cylinders. Therefore, in the NPRM,
PHMSA proposed to revise paragraphs (j) and (l) in Sec.  178.37 to
authorize the use of the bend test.
    PHMSA received no comments regarding this proposed amendment to
allow the use of the bend test on cylinders. Therefore, PHMSA is
adopting this amendment as proposed.
    4. Section 178.71 contains design and manufacturing specifications
for UN pressure receptacles, including the specification marking
requirements. In the NPRM, PHMSA proposed to relax the requirements in
paragraph (o)(6) of the HMR to allow the use of a proof pressure test.
The ISO 7866 and 9809 standards permit either the proof pressure test
or volumetric expansion test to be used. The volumetric expansion test
measures the cylinder's elastic expansion and assures the cylinder
received a proper heat treatment. However, the ISO standards also
require each cylinder be subjected to a hardness test and a
comprehensive shear wave ultrasonic examination (UE). PHMSA indicated
in the NPRM that the combination of the proof pressure test, hardness
test, and UE should provide adequate assurance that each cylinder
received a proper heat treatment.
    Arrowhead opposed the proposal in Sec.  178.71 to allow the use of
proof pressure testing versus the current mandatory volumetric
expansion testing on all cylinders. The ISO 7866 and 9809 standards
currently permit the use of either the proof pressure test or
volumetric expansion test. The commenter recommends that the current
language in the HMR remain unchanged requiring the mandatory volumetric
expansion testing of all cylinders.
    PHMSA does not agree with Arrowhead's comments. Arrowhead did not
provide any evidence of cylinder failure due to lack of volumetric
expansion testing or technical rational in support of its comments.
PHSMA is not eliminating the current volumetric expansion test for
cylinders. ISO Standards 9809-1, 2, 3 and 7866 provides alternative
volumetric expansion test to proof pressure testing. Based on extensive
technical work of ISO/TC58/SC3/WG14 which was completed by the U.S.
experts and major U.S. cylinder manufacturers, we have concluded the
testing methods as described in ISO 9809(s) and ISO 7866 standards
provide adequate and safe methods of ensuring proper heat treatment.
Additionally, many of these cylinders have been manufactured under
these standards and safely used for over 15 years.
    PHMSA does not agree with Arrowhead's comments as stated above.
Therefore, we are adopting this amendment as proposed.

N. Cargo Tanks

    1. Section 178.345-1(i)(2) establishes general design and
construction requirements for DOT 406 (Sec.  178.346), DOT 407 (Sec.
178.347), and DOT 412 (Sec.  178.348) cargo tank motor vehicles. Cargo
tank motor vehicles composed of more than one cargo tank may be
constructed with the individual cargo tanks manufactured to a single
specification or to different specifications. Each cargo tank must
conform in all respects with the specification for which it is
constructed and certified.
    The strength of the connecting structure joining multiple cargo
tanks in a cargo tank motor vehicle must meet the structural design
requirements in Sec.  178.345-3. Any void within the connecting
structure must be vented to the atmosphere and have a drain located on
the bottom centerline. Each drain must be accessible and must be kept
open at all times. The drain in any void within the connecting
structure of a carbon steel, self-supporting cargo tank may be either a
single drain of at least 1.0 inch diameter, or two or more drains of at
least 0.5 inch diameter, 6.0 inches apart, one of which is located on
the bottom centerline.
    Previous interpretations indicate that a vent must be located as
close to the top centerline of the tank as practicable and the drain as
close to the bottom centerline of the tank as practicable. Through
discussions with industry and enforcement personnel, PHMSA determined
that requiring an opening on top of a cargo tank to vent vapors that
accumulate in the void space may not be the best practice. In many
instances, such as with gasoline, the vapors are heavier than air and
it is not necessary to require cargo tanks to be vented to the
atmosphere through a vent located near the top centerline. Vapors
heavier than air escape through the drain opening. In addition, venting
voids through the top of a cargo tank may cause premature corrosion of
the void space as a result of water penetration. Allowing the vent to
be plugged will also make it easier to identify when there is actually
a leak in the bulkhead. Hazardous materials leaking from the drain will
cause an obvious stain/dirt buildup that, with the top vent plugged,
cannot be a result of water draining from the top vent and must be a
leaking bulkhead.
    To address this problem, in the NPRM, PHMSA proposed to revise
Sec.  178.345-1 to clearly indicate that any void area within the
connecting structure of a cargo tank between double bulk heads must be
vented to the atmosphere through the required drain or through a
separate vent. The proposed revision will ensure that void spaces in
the connecting structure of DOT 406, 407, and 412 cargo tank motor
vehicles are properly vented to allow for the escape of product vapors.
This

change also promotes the longevity of the tanks by clarifying that it
is not necessary to place a vent in the top of a void space where rain
water can easily infiltrate the void space and cause corrosion if the
product vapors are heavier than air and will vent through the drain.
This clarification ensures that the vent is located in the most
appropriate location for the material being transported. However, we
urge manufacturers to continue allowing for access to the void space
through the top of the tank. In addition, we suggest the continued
placement of inspection openings of sufficient size and number to
permit proper visual internal inspection of the connecting structure.
    PHMSA received two comments from New England Fuel Institute (NEFI)
and Truck Trailer Manufacturers Association (TTMA) on the proposal to
clarify that it is no longer necessary to place a vent on the top of
the center line of a cargo tank vehicle and that venting the void space
through the existing required drain or other separate vent. NEFI
supports this clarification, provided it is only a clarification, and
will not require that the top vent be plugged or that a new vent other
than the currently required drain be installed in existing
specification and non specification cargo tanks. NEFI stated,
``Requiring a new vent or a vent plug would create significant
compliance costs for small business petroleum suppliers that are not
currently accounted for under the NPRM.''
    TTMA supports the clarification regarding vents in the void for
cargo tank trailers. TTMA indicated that the original language in the
regulations required numerous letters of interpretation and developed
problems in the application of the regulations. TTMA stated, ``The new
language reflects the industry input over the last few years and
achieves the goal of a common sense solution to the venting problem.''
    PHMSA's proposal is to clarify that it is not necessary to place a
vent on top of the center line of a cargo tank vehicle and that venting
the void space through the existing required drain or other separate
vent is authorized. Therefore, we are adopting this amendment as
proposed.
    Section 178.320 includes a definition for ``cargo tank wall.'' The
cargo tank wall includes those parts of the cargo tank that make up the
primary lading retention structure, including shell, bulkheads, and
fittings and, when closed, yield the minimum volume of the cargo tank
assembly. Confusion has resulted from the use of ``cargo tank
assembly'' in the definition. The term ``cargo tank assembly'' as used
in that definition, is simply referring to the completed cargo tank
motor vehicle. Since ``cargo tank assembly'' is synonymous with ``cargo
tank motor vehicle,'' a term that is defined in Sec.  178.320, we
proposed to replace the term ``cargo tank assembly'' with ``completed
cargo tank motor vehicle.''
    PHMSA received no comments on these proposed amendments. Therefore,
PHMSA is adopting these amendments as proposed.
    2. Section 178.347-1(c) requires a cargo tank with a MAWP greater
than 35 psig and each tank designed to be loaded by vacuum to be
constructed and certified in accordance with the ASME Code. The wording
used for this requirement has resulted in some confusion. Generally,
the ``and'' would mean that a tank would need to be both designed to be
loaded by vacuum and have a MAWP greater than 35 psig to be subject to
the construction and certification requirements of the ASME Code. This
is not the intent of the current requirement. Therefore, we proposed to
clarify the requirement to clearly state that a cargo tank motor
vehicle with a MAWP greater than 35 psig or a cargo tank designed to be
loaded by vacuum must be constructed and certified in accordance with
the ASME Code, in line with our original intent.
    The introductory text to Sec.  178.347-1(d) requires tanks with a
MAWP of 35 psig or less to be constructed in accordance with the ASME
Code. We are clarifying this requirement to indicate, in line with
Sec.  178.347-1(b), cargo tanks that are designed to withstand full
vacuum but have a MAWP of 35 psig or less and are not designed to be
loaded by vacuum are only required to be constructed in accordance with
the ASME Code. They do not require certification under the ASME Code.
    PHMSA received no comments on this proposed amendment. Therefore,
PHMSA is adopting this amendment as proposed.
    3. Section 178.347-4(b) states that vacuum relief devices are not
required for cargo tanks designed to be loaded by vacuum or built to
withstand full vacuum. In the NPRM, we proposed revisions to this
section to make a clear distinction between the phrase ``designed to be
loaded by vacuum'' and ``built to withstand full vacuum.'' Basically,
if a cargo tank manufacturer designs a cargo tank ``to withstand full
vacuum,'' it is only required to be constructed in accordance with the
ASME Code but not certified under the ASME Code. However, a cargo tank
that is loaded by vacuum is required to be constructed and certified in
accordance with the ASME Code. The intent of the final user of the
equipment will determine whether a tank will be vacuum loaded and
required to be a certified (``U'' stamped) vessel. A manufacturer may
design a tank to withstand full vacuum to ensure that it is
sufficiently robust to endure the stresses associated with
transportation of hazardous materials, including changes in product
temperatures and the vacuum created during unloading. Designing a tank
to withstand full vacuum does not mean that the tank is actually
equipped to or used in vacuum service.
    PHMSA received no comments on this proposed amendment. Therefore,
PHMSA is adopting this amendment as proposed.
    4. Section 180.417(b)(1)(v) requires the minimum thickness of the
cargo tank shell and heads to be noted on inspection and test reports
when the cargo tank thickness is tested in accordance with Sec.
180.407(d)(4), Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.
180.407(i). The reference to Sec.  180.407(d)(4), which addresses
thickness testing of ring stiffeners or other appurtenances, is
incorrect. After reviewing the final rule to Docket HM-213 (68 FR
19257; April 18, 2003) and the response to appeals (68 FR 52363;
September 3, 2003), the rules that established current paragraph
(b)(1), it is apparent that the correct reference for this section
should be Sec.  180.407(d)(5), which refers to thickness testing of
corroded or abraded areas of the cargo tank wall. In the NPRM, PHMSA
proposed to remove the reference to Sec.  180.407(d)(4) in Sec.
180.417(b)(1)(v) and replace it with the reference to Sec.
180.407(d)(5).
    PHMSA received no comments on this amendment. Therefore, we are
adopting it as proposed.

O. Permeation Devices

    Permeation devices are used to calibrate air quality monitoring
equipment. These devices may contain extremely small quantities of
hazardous materials and are subject to Special Provision A41 when
transported by air in accordance with the International Civil Aviation
Organization's (ICAO TI) Technical Instructions for the Safe Transport
of Dangerous Goods by Air. Special Provision A41 authorizes the
transportation of permeation devices on aircraft provided stringent
safety requirements are met. International shippers of these devices
are able to take advantage of this special provision. However, no
similar provision exists in

the HMR. Therefore, in response to a petition (petition number P-1493;
Docket Number PHMSA-2007-27318) from the URS Corporation, and to
facilitate domestic and international transportation, in the NPRM,
PHMSA proposed to add a new Sec.  173.175 on permeation devices in Part
173 that would authorize the transportation of permeation devices in
the same manner as is provided in Special Provision A41 of the ICAO T1.
    PHMSA received no comments regarding this amendment; therefore, we
are adopting this amendment as proposed.

P. Alcoholic Beverage Exception

    Section 173.150 provides exceptions from regulation for Class 3
flammable liquid material. Specifically, Sec.  173.150(d) provides
exceptions for alcoholic beverages. An alcoholic beverage (as defined
in 27 CFR 4.10 and 5.11) that meets one of three conditions outlined in
Sec.  173.150(d) is not subject to the requirements of the HMR for a
Class 3 flammable liquid material. One of these conditions states that
the alcoholic beverage must be in an inner packaging of 5 L (1.3
gallons) or less, and for transportation on passenger aircraft, must
conform to Sec.  175.10(a)(4) of the HMR as checked or carry-on baggage
(see Sec.  173.150(d)(2)). This provision for transportation by
passenger aircraft was added in a final rule published on June 21, 2001
(HM-215D; 66 FR 33316) to clarify that alcoholic beverages carried by
passengers or crewmembers must conform to the air passenger and
crewmember exception provided in Sec.  175.10(a)(4). In the final rule,
we indicated that PHMSA was revising the exception in Sec.  173.150(d)
by clarifying that alcoholic beverages containing over 24% alcohol by
volume are not excepted from regulation when transported by a passenger
or crewmember on passenger-carrying aircraft except as provided in
Sec.  175.10(a)(4).
    In the NPRM, PHMSA proposed to clarify Sec.  173.150(d)(2) by
specifying that the condition for transportation on passenger aircraft
applies to an alcoholic beverage carried by passengers or crewmembers
and that an alcoholic beverage (of any concentration of alcohol by
volume) in an inner packaging of 5 L (1.3 gallons) or less transported
as cargo on a cargo aircraft or a passenger aircraft is not subject to
the requirements of the HMR.
    PHMSA did not receive any comments regarding this amendment.
However, PHMSA is not adopting this amendment as proposed. PHMSA plans
to more fully address this issue in a future international
harmonization rulemaking.

Q. Special Permits

    Procedures for special permit applications are established in 49
CFR Part 107. In a final rule published under Docket HM-233B (76 FR
454; January 5, 2011), PHMSA adopted new requirements for application
of a new special permit, party status to a special permit, and renewal
of a special permit issued by PHMSA under 49 CFR Part 107, Subpart B
(Sec. Sec.  107.101 to 107.127).
    PHMSA conducts a fitness review of each company requesting action
on a special permit including applications for a new special permit. In
the NPRM, we proposed to incorporate an additional requirement for each
applicant to identify whether they are acting as a shipper or a carrier
under Sec. Sec.  107.105, 107.107, and 107.109. We indicated that the
added information would assist PHMSA in determining the fitness of the
applicant.
    PHMSA received comments from Institute of Makers of Explosives
(IME) and Veolia Environmental Services (Veolia), regarding the
proposed amendment. Both commenters support the proposed amendment, but
believe shippers as well as carriers should be included in these
proposed procedures for applying for a special permit. Both commenters
also indicated the importance of fitness determinations for both
shippers and carriers. We appreciate the comments and have adopted the
amendment as proposed.

R. Lab Packs

    In a final rule under docket HM-233A (75 FR 20275; May 14, 2010),
PHMSA incorporated Special Permit 13192 into the HMR. The special
permit authorized relief from segregation requirements in Parts 174,
176, and 177 of the HMR provided the materials conform with the
packaging and segregation requirements for lab packs in Sec.
173.12(e).
    1. Special Permit 13192--flashpoint. In the final rule, PHMSA
inadvertently left out a proposal to except lab packs from the
requirement in Sec.  172.203(i)(2) of the HMR which requires the
minimum flashpoint if it is 60 [deg]C (140 [deg]F) or below (in [deg]C
closed cup (c.c.)) in association with the basic description when
transported by water. This requirement may be overly restrictive for a
lab pack which may contain a number of hazardous materials with
different flashpoints. Instead, for those materials with a flashpoint
of 61 [deg]C or less, Special Permit 13192 authorized the
identification of the lowest flashpoint for all hazardous materials in
the lab pack as a range of less than 23 [deg]C or 23 [deg]C to 61
[deg]C. In the NPRM, PHMSA proposed to incorporate this exception for
lab packs transported by cargo vessel.
    PHMSA received one comment from Veolia regarding Special Permit
13192 which authorizes the lowest flashpoint of all hazardous materials
contained in the lab pack being transported by cargo vessel to be
indicated on the shipping paper as either being ``below 23 [deg]C'' or
in a range ``between 23 [deg]C and 60 [deg]C'' in lieu of indicating
the exact minimum flashpoint. Veolia is concerned with the use of the
word ``must'' in the new regulatory language as amended in Sec.
172.203(i)(2) as being too restrictive. Veolia requested PHMSA replace
the word ``must'' with ``may'' to allow the shipper of lab packs to
indicate the flashpoint as either a range or as a specific temperature
if known.
    PHMSA has considered Veolia's comments and disagrees with the
suggestion that the word ``must'' in the proposed language be replaced
with ``may.'' This change was proposed because the current requirement
to provide the minimum flashpoint for each material in a lab pack with
a flashpoint of 60 [deg]C (140 [deg]F) or below is overly restrictive.
Providing a single flashpoint for the material in the lab pack with the
lowest flashpoint is sufficient. However, the commenter's suggested
revision would relax current requirements even further and possibly
cause confusion. Therefore, we are adopting this amendment as proposed.
    2. Special Permit 13192--segregation.
    In this same final rule, PHMSA adopted exceptions from segregation
for certain waste hazardous materials in lab packs and non-bulk
packaging consistent with the provisions of Special Permit 13192. These
exceptions are referenced in the segregation requirements for public
highway transport in Sec.  177.848(c). In making the conforming
amendment to Sec.  177.848(c), PHMSA inadvertently prohibited all
cyanides, cyanide mixtures and solutions from being stored, loaded and
transported with acids. The prohibition applies only to those cyanides,
cyanide mixtures and solutions that would generate hydrogen cyanide
when mixed with acids. Therefore, in the NPRM we proposed to correct
this section by clarifying the segregation conditions.
    PHMSA received no comments on this proposal on segregation
conditions. Therefore, we are adopting this amendment as proposed.

S. Batteries Containing Sodium or Cells Containing Sodium

    The HMR currently authorize the transport of sodium cells and
batteries

under the descriptions ``Batteries containing sodium'' or ``Cells
containing sodium'' (UN3292). Section 173.189 limits the types of
hazardous materials which may be contained in such batteries to sodium,
sulfur and polysulfides. Over time, other sodium battery chemistries
have emerged and become more widely used and commonly transported. For
example, some batteries with sodium metal chloride chemistries use
sodium tetrachloroaluminate as a secondary electrolyte. In the NPRM,
PHMSA proposed to expand the list of authorized chemistries to include
all sodium compounds provided they meet the criteria specified in Sec.
173.189. This amendment aligns the HMR with the 17th Edition of the UN
Model Regulations effective January 1, 2013.
    PHMSA received no comments regarding this amendment; therefore, we
are adopting this amendment as proposed.

T. Additional Issues Addressed in This Rule

    1. Section 175.10 prescribes the conditions for which passengers,
crew members or an operator may carry hazardous materials aboard an
aircraft. In a final rule published under Docket HM-215K (76 FR 3308,
January 19, 2011), PHMSA amended the HMR to maintain alignment with
international standards by adding a new paragraph (a)(17) to permit a
mobility aid such as a wheelchair containing a lithium ion battery to
be transported in accordance with the provisions provided in this
section.
    Since publication of the HM-215K final rule, PHMSA has noted an
inconsistency between the requirements of the ICAO Technical
Instructions and the requirements of the HMR in relation to the
acceptance of lithium battery powered mobility aids for transportation
by aircraft. In particular, it has been noted that the HMR require the
removal of the battery under certain conditions prior to transportation
by aircraft. It is not our intent to be inconsistent with the
requirements of the ICAO Technical Instructions in this regard. Thus,
in this final rule Sec.  175.10(a)(17) is corrected to clearly indicate
that batteries are not required to be removed.
    2. Section 173.3. In a final rule published in the Federal Register
on May 14, 2010 under Docket No. PHMSA-2009-0289 (HM-233A; 75 FR
27205), PHMSA revised 173.3(d)(6) to permit damaged or leaking
cylinders containing a Division 2.1, 2.2, 2.3 or 6.1, or Class 3 or 8
material to be overpacked in a salvage cylinder and transported by
cargo vessel for repair or disposal. Prior to this revision, these
cylinders were permitted to be transported for repair or disposal by
motor vehicle only and only under the terms of Special Permit DOT-SP
14168. However, when this change was made the language in Sec.
173.3(c)(6) was inadvertently replaced with language prescribed in the
rule for Sec.  173.3(d)(6), and paragraph (d)(6) was unchanged. In this
final rule, PHMSA is correcting these errors by revising Sec.
173.3(c)(6) to reinstate the language authorized for that paragraph
prior to the issuance of the Docket No. HM-233A final rule, and
revising Sec.  173.3(d)(6) to reflect the regulatory language change
authorized in the final rule issued under Docket HM-233A.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    1. This final rule is published under authority of Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.). Section 5103(b) of Federal hazmat law authorizes the
Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities.

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

    This final rule is not considered a significant regulatory action
under section 3(f) Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget (OMB). The final rule
is not considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation (44 FR
11034).
    Executive Orders 12866 and 13563 require agencies to regulate in
the ``most cost-effective manner,'' to make a ``reasoned determination
that the benefits of the intended regulation justify its costs,'' and
to develop regulations that ``impose the least burden on society. As
discussed in this rulemaking, PHMSA amends various provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. This final rule also responds to requests from industry
associations to update and add references to standards that are
incorporated in the HMR. PHMSA anticipates the amendments contained in
this rule generate economic benefits to the regulated community. This
final rule is designed to increase the clarity of the HMR, thereby
increasing voluntary compliance while reducing compliance costs. This
final rule also updates a number of incorporations by reference to
permit the industry to utilize the most recent versions of industry
consensus standards. Incorporation of material by reference reduces the
regulatory burden on persons who offer hazardous material for
transportation and persons who transport hazardous materials in
commerce. Industry standards developed and adopted by consensus are
accepted and followed by the industry; thus, their inclusion in the HMR
assures that the industry is not forced to comply with a different set
of standards to accomplish the same safety goal.
    Further, the addition of an exception for permeation devices
containing hazardous materials used for calibrating air quality
monitoring devices for consistency with the current exception in the
international regulations for these devices, as well as adding a new
italicized entry to the HMT for ``Permeation devices'' referencing
Sec.  173.175, will result in reduced compliance costs by reducing
regulatory compliance. This exception will also promote international
harmonization. The amendment to provide an exception to labeling for
consolidation bins used to transport hazardous materials by motor
carrier will reduce compliance costs.
    Additionally, this final rule adds a new Special Provision 173 to
provide relief from the specification package requirements for certain
adhesives, printing inks, printing ink-related materials, paints,
paint-related materials and resin solution assigned to
``Environmentally hazardous substances, liquid, n.o.s., UN 3082.''
Overall, the amendments in this final rule should reduce regulatory
burdens on the regulated community while increasing flexibility and
transportation options.

 C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule would preempt state, local and Indian Tribe requirements but
does not propose any regulation that has substantial direct effects on
the states, the relationship between the national government and the
states, or the

distribution of power and responsibilities among the various levels of
government. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting state, local, and Indian Tribe requirements on
certain covered subjects. Covered subjects are:
    (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 final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. As adopted, this rule preempts 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.
The effective date of Federal preemption will be 90 days from
publication of this final rule in this matter in the Federal Register.

D. Executive Order 13175

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

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

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

F. Paperwork Reduction Act

    By requiring additional information be included on certain shipping
papers, this final rule will result in a minimal increase in annual
paperwork burden and costs under OMB Control No. 2137-0034. PHMSA
currently has an approved information collection under OMB Control No.
2137-0034, ``Hazardous Materials Shipping Papers & Emergency Response
Information'' with 260,000,000 responses and 6,500,834 burden hours.
This rule is imposing new requirements pertaining to Sec.  172.203(c),
additional shipping paper information requirements. We are requiring
non-odorized LPG shipments to indicate ``non-odorized'' on the shipping
papers to aid emergency responders in the event of an accident
involving non-odorized shipments of LPG. It is estimated that only 5%
of LPG shipments are non-odorized, therefore, we anticipate only a
minimal increase in burden to include this additional notation on the
shipping paper.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This final rule identifies an information collection request that
PHMSA is submitting to OMB for approval based on the amendment in this
rule. PHMSA has developed burden estimates based on the amendment in
this rule. PHMSA estimates that the net information collection and
recordkeeping burden for this proposed requirement would be as follows:
OMB Control No. 2137-0034.

Annual Respondents............................................    29,850
Annual Responses..............................................    29,850
Annual Burden Hours...........................................      12.5
Annual Costs..................................................   $312.50

    Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., East Building, 2nd Floor,
PHH-10, Washington, DC 20590-0001, telephone<PHONE_NUMBER>.

G. Regulation Identifier Number (RIN)

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

to cross-reference this action with the Unified Agenda.

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires Federal agencies to analyze actions to determine whether the
action will have a significant impact on the human environment. In
accordance with the Council on Environmental Quality (CEQ) regulations,
Federal agencies must conduct an environmental review considering: (1)
The need for the action; (2) alternatives to the action; (3) probable
environmental impacts of the action and alternatives; and (4) the
agencies and persons consulted during the consideration process. PHMSA
is making miscellaneous amendments to the HMR based on petitions for
rulemaking and PHMSA's own initiatives. The amendments are intended to
update, clarify, or provide relief from certain existing regulatory
requirements to promote safer transportation practices; eliminate
unnecessary regulatory requirements; finalize outstanding petitions for
rulemaking; facilitate international commerce; and make these
requirements easier to understand.
Description of Action
Docket No. PHMSA-2009-0151 (HM-218F), Final Rule
    Transportation of hazardous materials in commerce is subject to
requirements in the HMR, issued under authority of Federal hazardous
materials transportation law, codified at 49 U.S.C. 5001 et seq. To
facilitate the safe and efficient transportation of hazardous materials
in international commerce, the HMR provide that both domestic and
international shipments of hazardous materials may be offered for
transportation and transported under provisions of the international
regulations.
Amendments to the HMR
    In this final rule, key changes include:
    Updating Sec.  171.7 incorporations by reference of industry
consensus standards issued by the Aluminum Association; the American
Society for Testing and Materials; and the Institute of Makers of
Explosives.
    Adding a requirement for each applicant to a special permit under
Sec. Sec.  107.105, 107.107, and 107.109 to identify their role as a
shipper (offeror), carrier, or both.
    Revising the definition of ``person'' in Sec.  171.8 to include
those who manufacture, test, repair and recondition packages.
    Revising the HMT to harmonize certain entries with international
standards by adding and revising certain proper shipping names. Most
significantly, we are adding a new entry ``Formaldehyde solutions (with
not less than 10% and less than 25%) formaldehyde)'' to clarify
requirements applicable to formaldehyde and formalin with less than 10%
formaldehyde; revising the entry for ``Environmentally hazardous
substances, liquid, n.o.s.'' to provide packaging exceptions for
certain materials that are assigned to UN3082; and adding a new special
provision to clarify the differences between Class 3 and Class 9
formaldehyde solutions.
    Adding a new Sec.  173.175 applicable to permeation devices to
provide an exception for permeation devices containing hazardous
materials that are used for calibrating air quality monitoring devices
for consistency with the current exception in the international
regulations for these devices; and add a new italicized entry to the
HMT for ``Permeation devices'' referencing Sec.  173.175.
    Updating and clarifying hazard communication requirements
applicable to Class 9 label specifications; placard size; IBCs; and
Division 6.2 labels.
    In Sec.  178.37, authorizing the use of an alternative bend test
for DOT 3AA and 3AAX steel cylinders.
    In Sec.  178-347-1, clarifying that cargo tank motor vehicles that
have a MAWP greater than 35 psig or are designed to be loaded by vacuum
must be constructed and certified in accordance with the ASME Code.
    Revising Sec.  171.14 transitional provisions to remove expired
dates and incorporate certain dates into the specific sections of the
HMR.
    Revising provisions in Sec.  173.56(j) to further clarify the use
of the American Pyrotechnics Association (APA) standard for classifying
and approving fireworks.
    Revising Sec.  172.404 to provide a labeling exception for
consolidation bins used to transport hazardous materials by motor
carrier, and clarify labeling requirements for consolidated packages.
Alternatives Considered
    Alternative (1): Do nothing
    Our goal is to update, clarify and provide relief from certain
existing regulatory requirements to promote safer transportation
practices, eliminate unnecessary regulatory requirements, finalize
outstanding petitions for rulemaking, and facilitate international
commerce. We rejected the do-nothing alternative.
    Alternative (2): Go forward with the amendments to the HMR in this
final rule.
    This is the selected alternative.
Environmental Consequences
    Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in accidents or en
route incidents resulting from cargo shifts, valve failures, package
failures, loading, unloading, collisions, handling problems, or
deliberate sabotage. The release of hazardous materials can cause the
loss of ecological resources (e.g. wildlife habitats) and the
contamination of air, aquatic environments, and soil. Contamination of
soil can lead to the contamination of ground water. The adverse
environmental impacts associated with releases of most hazardous
materials are short term impacts that can be reduced or eliminated
through prompt clean up/decontamination of the accident scene. Most
hazardous materials are not transported in quantities sufficient to
cause significant, long-term environmental damage if they are released.
    The hazardous material regulatory system is a risk management
system that is prevention oriented and focused on identifying a safety
hazard and reducing the probability and quantity of a hazardous
material release. Amending the HMR to clarify requirements and maintain
alignment with international standards enhances the safe transportation
of hazardous materials in domestic and international commerce.
Conclusion
    PHMSA is making miscellaneous amendments to the HMR based on
petitions for rulemaking and PHMSA's own initiatives. The amendments
are intended to: update, clarify, or provide relief from certain
existing regulatory requirements to promote safer transportation
practices; eliminate unnecessary regulatory requirements; finalize
outstanding petitions for rulemaking; facilitate international

commerce; and make these requirements easier to understand. In
conclusion, these amendments will likely result in positive
environmental effects. Overall, these effects are not significant.

 J. Privacy Act

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

K. International Trade Analysis

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

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and record keeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Incorporation by reference,
Rail carriers, Reporting and recordkeeping.

49 CFR Part 175

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

49 CFR Part 177

    Hazardous materials transportation, Incorporation by reference,
Loading and Unloading, Segregation and Separation.

49 CFR Part 178

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

49 CFR Part 180

    Hazardous materials transportation, Continuing qualification and
maintenance of packaging.
    In consideration of the foregoing, we are amending 49 CFR chapter I
as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

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

0
2. In Sec.  107.105, add paragraph (c)(14) to read as follows:

Sec.  107.105  Application for special permit.

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

0
3. In Sec.  107.107, add paragraph (b)(7) to read as follows:

Sec.  107.107  Application for party status.

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

0
4. In Sec.  107.109, add paragraph (a)(9) to read as follows:

Sec.  107.109  Application for renewal.

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

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
5. The authority citation for Part 171 continues to read as follows:

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

0
6. In Sec.  171.7, the table in paragraph (a)(3) is amended as follows:
0
a. Under the entry ``The Aluminum Association,'' the organization's
mailing address is revised;
0
b. Under the entry ``The American Society for Testing and Materials,''
the entry ASTM E 290-97a, ``Standard Test Methods for Bend Testing of
Material for Ductility'' is added in appropriate numerical order;
0
c. Under the entry ``Association of American Railroads,'' the entry
``Intermodal Loading Guide for Products in Closed Trailers and
Containers'' is added in appropriate alphabetical order; and
0
d. Under the entry ``Institute of Makers of Explosives,'' the entry
``IME Safety Library Publication No. 22, IME Standard 22,
``Recommendation for the Safe Transportation of Detonators in a Vehicle
with Certain Other Explosive Materials'' is revised.
    The revisions and additions read as follows:

Sec.  171.7  Reference material.

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

----------------------------------------------------------------------------------------------------------------
          Source and name of material                                    49 CFR reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
The Aluminum Association, 1525 Wilson Blvd,      ...............................................................
 Suite 6000, Arlington, VA 22209, telephone 703-
 358-2960, http://www.aluminum.org.

                                                  * * * * * * *
American Society for Testing and Materials, 100  ...............................................................
 Barr Harbor Drive, West Conshohoken, PA 19428,
 telephone<PHONE_NUMBER>, http://www.astm.org.

                                                  * * * * * * *
ASTM E 290-97a Standard Test Methods for Bend    178.37.
 Testing of Material for Ductility, published
 February 1998.

                                                  * * * * * * *
Association of American Railroads, 425 Third     ...............................................................
 Street, SW., Suite 1000, Washington, DC 20001,
 telephone<PHONE_NUMBER>, http://www.aar.org.

                                                  * * * * * * *
Intermodal Loading Guide for Products in Closed  174.55; 174.101; 174.112; 174.115.
 Trailers and Containers, issued June 2001.

                                                  * * * * * * *
Institute of Makers of Explosives, 1120 19th     ...............................................................
 Street, NW., Suite 310, Washington, DC 20036-
 3605, telephone<PHONE_NUMBER>, http://www.ime.org.
IME Safety Library Publication No. 22 (IME       173.63; 177.835.
 Standard 22), Recommendations for the Safe
 Transportation of Detonators in a Vehicle with
 Certain Other Explosive Materials, February
 2007.

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

* * * * *

0
7. In Sec.  171.8, the definition of ``Person'' is revised to read as
follows:

Sec.  171.8  Definitions and abbreviations.

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

Sec.  171.14  [Removed and Reserved]

0
8. Section 171.14 is removed and reserved.

0
9. Section 171.15, paragraph (a) introductory text is revised to read
as follows:

Sec.  171.15  Immediate notice of certain hazardous materials
incidents.

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

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

0
10. The authority citation for Part 172 continues to read as follows:

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

0
11. In Sec.  172.101, paragraph (c)(2) is revised and the Hazardous
Materials Table is amended by adding the entries under ``[ADD]'' and
revising entries under [REVISE]'' in the appropriate alphabetical
sequence to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

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

[GRAPHIC] [TIFF OMITTED] TR20JY11.001

* * * * *

0
12. In Sec.  172.102(c)(1), new Special Provisions 173 and 176, are
added in appropriate numerical order to read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    173. For adhesives, printing inks, printing ink-related materials,
paints, paint-related materials, and resin solutions which are assigned
to UN3082, and do not meet the definition of another hazard class,
metal or plastic packaging for substances of packing groups II and III
in quantities of 5 L (1.3 gallons) or less per packaging are not
required to meet the UN performance package testing when transported:
    a. Except for transportation by aircraft, in palletized loads, a
pallet box or unit load device (e.g. individual packaging placed or
stacked and secured by strapping, shrink or stretch-wrapping or other
suitable means to a pallet). For vessel transport, the palletized
loads, pallet boxes or unit

load devices must be firmly packed and secured in closed cargo
transport units; or
    b. Except for transportation by aircraft, as an inner packaging of
a combination packaging with a maximum net mass of 40 kg (88 pounds).
For transportation by aircraft, as an inner packaging of a combination
packaging with a maximum gross mass of 30 kg when packaged as a limited
quantity in accordance with Sec.  173.27(f).
* * * * *
    176. This entry must be used for formaldehyde solutions containing
methanol as a stabilizer. Formaldehyde solutions not containing
methanol and not meeting the Class 3 flammable liquid criteria must be
described using a different proper shipping name.
* * * * *

0
13. In Sec.  172.202, paragraph (b) is revised to read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (b) Except as provided in this subpart, the basic description
specified in paragraphs (a)(1), (2), (3), and (4) of this section must
be shown in sequence with no additional information interspersed. For
example, ``UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II.'' The
shipping description sequences in effect on December 31, 2006, may be
used until January 1, 2013.
* * * * *

0
14-15. In Sec.  172.203, paragraph (i)(2) is revised and paragraph (p)
is added to read as follows:

Sec.  172.203  Additional description requirements.

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

0
16. In Sec.  172.336, paragraph (d) is added to read as follows:

Sec.  172.336  Identification numbers; special provisions.

* * * * *
    (d) When a bulk packaging is labeled instead of placarded in
accordance with Sec.  172.514(c) of this subchapter, identification
number markings may be displayed on the package in accordance with the
marking requirements of Sec.  172.301(a)(1) of this subchapter.

0
17. Section 172.404 is revised to read as follows:

Sec.  172.404  Labels for mixed and consolidated packaging.

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

0
18. In Sec.  172.432, paragraph (a) is revised and paragraph (c) is
added to read as follows:

Sec.  172.432  INFECTIOUS SUBSTANCE label.

    (a) Except for size and color, the INFECTIOUS SUBSTANCE label must
be as follows:

[GRAPHIC] [TIFF OMITTED] TR20JY11.003

* * * * *
    (c) Labels conforming to requirements in place on September 30,
2011 may continue to be used until October 1, 2014.

0
19. In Sec.  172.446, paragraph (a) is revised and paragraph (c) is
added to read as follows:

Sec.  172.446  CLASS 9 label.

    (a) Except for size and color, the ``CLASS 9'' (miscellaneous
hazardous materials) label must be as follows:
[GRAPHIC] [TIFF OMITTED] TR20JY11.004

* * * * *
    (c) Labels conforming to requirements in place on September 30,
2011 may continue to be used until October 1, 2014.

0
20. Section 172.514, paragraph (c)(4) is revised to read as follows:

Sec.  172.514  Bulk packagings.

* * * * *
    (c) * * *
    (4) An IBC. For an IBC labeled in accordance with subpart E of this
part instead of placarded, the IBC may display the proper shipping name
and UN identification number in accordance with the size requirements
of Sec.  172.302(b)(2) in place of the UN number on an orange panel or
placard.
* * * * *

0
21. In Sec.  172.519, paragraph (c)(1) is revised to read as follows:

Sec.  172.519  General specifications for placards.

* * * * *
    (c) * * *
    (1) Each placard prescribed in this subpart must measure at least
250 mm (9.84 inches) on each side and must have a solid line inner
border approximately 12.7 mm (0.5 inches) from each edge.
* * * * *

0
22. In Sec.  172.552, paragraph (c) is added to read as follows:

Sec.  172.552  ORGANIC PEROXIDE placard.

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

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

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

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

0
24. In Sec.  173.3, revise paragraphs (c)(6) and (d)(6) to read as
follows:

Sec.  173.3  Packaging and exceptions.

* * * * *
    (c) * * *
    (6) The overpack requirements of Sec.  173.25 do not apply to drums
used in accordance with this paragraph.
* * * * *
    (d) * * *

    (6) Transportation is authorized by motor vehicle and cargo vessel
only.
* * * * *

0
25. In Sec.  173.60, paragraph (b)(14) is revised to read as follows:

Sec.  173.60  General packaging requirements for explosives.

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

0
26. In Sec.  173.62, in paragraph (c), in the Table of Packing Methods,
Packing Instruction 130 is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *

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

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