SP14690........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       marking, sale, and use of
                                                             non-DOT specification
                                                             high voltage accelerators
                                                             for transportation in
                                                             commerce of sulfur
                                                             hexafluoride.
SP14694........................  Non-Bulk Packaging         Authorizes transportation             1            2
                                  Specifications/IBCs.       in commerce of certain
                                                             unapproved equipment
                                                             contaminated with
                                                             explosives in non-DOT
                                                             specification packaging.
SP14712........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       marking, sale, and use
                                                             UN11G fiberboard and
                                                             UN13H4 woven plastic,
                                                             coated and with liner
                                                             flexible intermediate
                                                             bulk containers (IBCs)
                                                             for use as the outer
                                                             packaging for certain
                                                             Class 3 waste paints.

SP14741........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             high voltage accelerators
                                                             for transportation in
                                                             commerce of sulfur
                                                             hexafluoride.
SP14754........................  Non-Bulk Packaging         Authorizes transportation             1            3
                                  Specifications/IBCs.       in commerce of
                                                             approximately 72,000 1-
                                                             gallon polyethylene
                                                             bottles that are
                                                             transported under the
                                                             provisions of SP 6614
                                                             except they have not been
                                                             marked with the name or
                                                             symbol of the bottle
                                                             producer.
SP14777........................  Non-Bulk Packaging         Authorizes one-way                    1            2
                                  Specifications/IBCs.       transportation in
                                                             commerce of Class 9
                                                             hazardous waste in
                                                             alternative packaging for
                                                             approximately 8 miles by
                                                             motor vehicle.
SP14838........................  Non-Bulk Packaging         Authorizes the                        1            2
                                  Specifications/IBCs.       transportation of Class 1
                                                             explosives in a specially
                                                             designed outer packaging
                                                             as Division 1.3C or 1.4C
                                                             for materials and devices
                                                             respectively without
                                                             being first examined as
                                                             required by Sec.   173.56
                                                             for transportation by
                                                             company owned motor
                                                             vehicle or private
                                                             carriage between plants.
SP14843........................  Non-Bulk Packaging         Authorizes transportation             1            2
                                  Specifications/IBCs.       in commerce of a
                                                             manufactured article
                                                             (rotating electrical
                                                             connector) containing
                                                             gallium in alternative
                                                             packaging, and without
                                                             shipping papers unless
                                                             transported by air.
SP14849........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             fiberboard boxes for
                                                             transportation in
                                                             commerce of certain
                                                             batteries without
                                                             shipping papers, marking
                                                             of the proper shipping
                                                             name and identification
                                                             number or labeling, when
                                                             transported for recycling
                                                             or disposal.
SP14867........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             hoop-wrapped fiber
                                                             reinforced welded steel
                                                             lined tubes with water
                                                             capacities of up to 2525
                                                             gallons (9560L), enclosed
                                                             and secured within an ISO
                                                             freight container for
                                                             transportation in
                                                             commerce of certain
                                                             Division 2.1 and 2.2
                                                             gases.
SP14871........................  Non-Bulk Packaging         Authorizes transportation             1            2
                                  Specifications/IBCs.       in commerce of lighters
                                                             containing flammable gas
                                                             in non-UN Standard
                                                             specification packagings
                                                             that are capable of
                                                             meeting UN performance
                                                             standards at the PG II
                                                             performance level and are
                                                             overpacked.
SP14912........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             containers conforming to
                                                             all regulations
                                                             applicable to a DOT
                                                             specification 2Q
                                                             container, except as
                                                             specified, for
                                                             transportation in
                                                             commerce of certain
                                                             hazardous materials.
SP14935........................  Non-Bulk Packaging         Authorizes one-time, one-             1            3
                                  Specifications/IBCs.       way transportation in
                                                             commerce of 250 gallon
                                                             and 500 gallon capacity
                                                             DOT specification 57
                                                             portable tanks or UN31A
                                                             intermediate bulk
                                                             containers with visible
                                                             indications of damage or
                                                             wears containing the
                                                             residue of a Class 3
                                                             hazardous material for
                                                             cleaning.
SP14940........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             cans conforming with all
                                                             regulations applicable to
                                                             a DOT specification 2P or
                                                             2Q inner metal receptacle
                                                             except for wall
                                                             thickness, for
                                                             transportation in
                                                             commerce of certain
                                                             Division 2.1 and 2.2
                                                             aerosols.
SP14947........................  Non-Bulk Packaging         Authorizes transportation             2            2
                                  Specifications/IBCs.       in commerce of used dry
                                                             batteries with voltages
                                                             not exceeding 9 volts
                                                             mixed with restricted
                                                             amounts of lithium
                                                             batteries and wet, non-
                                                             spillable batteries for
                                                             recycling without the
                                                             effective insulation of
                                                             exposed terminals when
                                                             packaged in plastic drums
                                                             in dedicated county
                                                             vehicles.
SP14973........................  Non-Bulk Packaging         Authorizes transportation             1            3
                                  Specifications/IBCs.       in commerce of anhydrous
                                                             ammonia in non-DOT
                                                             specification packaging
                                                             (heat pipes). The heat
                                                             pipes are fabricated from
                                                             aluminum alloy welded
                                                             tubing and do not include
                                                             valves or pressure relief.
SP14978........................  Non-Bulk Packaging         Authorizes transportation             1            2
                                  Specifications/IBCs.       in commerce of pyrophoric
                                                             liquids in inner metal
                                                             containers (bubblers)
                                                             with openings greater
                                                             than 25mm (1 inch) which
                                                             are engineered to
                                                             specific electronics
                                                             applications that require
                                                             a larger opening.
SP14992........................  Non-Bulk Packaging         Authorizes transportation             1            3
                                  Specifications/IBCs.       in commerce of Division
                                                             6.2 infectious substances
                                                             and biological substance
                                                             in alternative packagings
                                                             (freezers) in a
                                                             dedicated, specially
                                                             designed transport
                                                             vehicle.
SP14994........................  Non-Bulk Packaging         Authorizes use of certain             1            2
                                  Specifications/IBCs.       1-gallon plastic drums
                                                             that are reused without
                                                             meeting the minimum
                                                             thickness requirement on
                                                             corners and undercut
                                                             areas for transportation
                                                             in commerce of certain
                                                             hazardous materials.
SP15038........................  Non-Bulk Packaging         Authorizes transportation             1            3
                                  Specifications/IBCs.       in commerce of hydrazine,
                                                             anhydrous in unauthorized
                                                             DOT specification
                                                             packaging by motor
                                                             vehicle.

SP15088........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             a DOT specification 4G
                                                             combination packaging for
                                                             transportation in
                                                             commerce of certain
                                                             materials toxic by
                                                             inhalation, Hazard Zone A
                                                             and B, by motor vehicle.
SP15136........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             fully-wrapped carbon
                                                             fiber composite cylinder
                                                             with a seamless aluminum
                                                             liner that meets all
                                                             requirements of ISO 11119
                                                             Part 2, except as
                                                             specified, for
                                                             transportation in
                                                             commerce of certain
                                                             Division 2.1 and 2.2
                                                             gases.
SP15141........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-refillable, non-DOT
                                                             specification cylinder
                                                             containing boron
                                                             trifluoride, for
                                                             transportation in
                                                             commerce. The cylinders
                                                             are described as electron
                                                             tubes that are part of
                                                             radiation detectors.
SP15146........................  Non-Bulk Packaging         Authorizes transportation             9            3
                                  Specifications/IBCs.       in commerce of certain
                                                             refrigerant gases in non-
                                                             DOT specification, non-
                                                             refillable, inside metal
                                                             containers conforming in
                                                             part with DOT
                                                             specification 2Q.
SP15156........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             non-DOT specification
                                                             packaging described as a
                                                             radiation detection
                                                             survey meter containing a
                                                             plastic ionization
                                                             chamber for
                                                             transportation in
                                                             commerce of certain
                                                             Division 2.2 materials.
SP15191........................  Non-Bulk Packaging         Authorizes use of UN1H1               1            3
                                  Specifications/IBCs.       drums as single package
                                                             for certain toxic by
                                                             inhalation materials
                                                             transported by a private
                                                             motor carrier.
SP15235........................  Non-Bulk Packaging         Authorizes manufacture,               1            2
                                  Specifications/IBCs.       mark, sale and use of UN
                                                             11G fiberboard
                                                             intermediate bulk
                                                             containers (IBCs) for use
                                                             as the outer packaging
                                                             for certain Class 3 waste
                                                             paints and waste paint
                                                             related material.
SP15260........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use, in
                                                             underwater applications,
                                                             of non-DOT specification
                                                             composite cylinders,
                                                             conforming to all
                                                             requirements of the DOT-
                                                             CFFC (fully wrapped
                                                             carbon-fiber reinforced
                                                             aluminum liner) cylinder,
                                                             for transportation in
                                                             commerce of certain
                                                             hazardous materials.
SP15283........................  Non-Bulk Packaging         Authorizes transportation             1            2
                                  Specifications/IBCs.       in commerce of Class 3,
                                                             PG II polyester resin in
                                                             UN31A intermediate bulk
                                                             containers and Division
                                                             5.2, organic peroxide,
                                                             type D, catalyst in a
                                                             UN3H1/Y jerrican or drum.
                                                             The packagings are used
                                                             as part of a concrete
                                                             mixing/application system.
SP15335........................  Non-Bulk Packaging         Authorizes the                        1            3
                                  Specifications/IBCs.       manufacture, mark, sale
                                                             and use of a non-DOT
                                                             specification box
                                                             conforming with all
                                                             regulations applicable to
                                                             a DOT specification UN 4G
                                                             fiberboard box, for the
                                                             transportation in
                                                             commerce of nitric acid
                                                             other than red fuming,
                                                             with at least 65%, but no
                                                             more than 70% nitric acid.
SP15441........................  Non-Bulk Packaging         Authorizes bulk                       1            2
                                  Specifications/IBCs.       transportation in
                                                             commerce of certain
                                                             desensitized explosives
                                                             classed as Class 3, by
                                                             motor vehicle.
SP15519........................  Non-Bulk Packaging         Authorizes relief from the            1            3
                                  Specifications/IBCs.       requirement to replace
                                                             the rigid plastic inner
                                                             receptacle in
                                                             intermediate bulk
                                                             containers (IBCs) used to
                                                             transport UN2031 with
                                                             more than 55% nitric acid
                                                             every 2 years.
SP15540........................  Non-Bulk Packaging         Authorizes transportation             1            3
                                  Specifications/IBCs.       in commerce of certain
                                                             non-DOT specification
                                                             bulk packages containing
                                                             Class 3 material by cargo
                                                             aircraft where no other
                                                             means of transportation
                                                             is practicable.
SP15568........................  Non-Bulk Packaging         Authorizes one-way                    1            2
                                  Specifications/IBCs.       transportation in
                                                             commerce of certain
                                                             desensitized explosive
                                                             solids (UN3380) in sift-
                                                             proof closed bulk bins
                                                             for a distance of not
                                                             more than fifteen miles.
SP15615........................  Non-Bulk Packaging         Authorizes transportation             3            2
                                  Specifications/IBCs.       in commerce of UN0336
                                                             fireworks in UN4G
                                                             packaging with a capacity
                                                             greater than 450 liters.
SP15617........................  Non-Bulk Packaging         Authorizes one-way, one-              1            2
                                  Specifications/IBCs.       time transportation in
                                                             commerce of alternate
                                                             packaging for waste
                                                             phosgene in glass
                                                             breakseal bulbs. The
                                                             segregation requirements
                                                             are waive for the
                                                             transportation of this
                                                             Division 2.3 material to
                                                             a disposal facility.
SP15623........................  Non-Bulk Packaging         Authorizes manufacture,               1            3
                                  Specifications/IBCs.       marking, sale and use of
                                                             multiple non-DOT
                                                             specification containers,
                                                             manifolded together
                                                             within a frame and
                                                             securely mounted on a
                                                             truck chassis, for
                                                             transportation in
                                                             commerce of certain
                                                             hazardous materials.
----------------------------------------------------------------------------------------------------------------

F. Request for Comments

    PHMSA welcomes comments concerning the proposed amendments in this
rulemaking. Specifically, PHMSA is interested in comments from SP
holders (both those deemed suitable and those deemed not suitable for
adoption) reviewed for this rulemaking. Due to the large scope of this
rulemaking, PHMSA asks that when submitting comments to the Docket for
this rulemaking, commenters include the SP Number and Topic area in the
comment title and document name (e.g. SP12345/Cylinder--General).
    For holders of SPs deemed suitable for adoption, PHMSA requests
comment

on our determination. PHMSA is particularly interested in comments that
confirm or refute the suitability, safety, and general applicability of
the SPs. PHMSA is also soliciting comments on the regulatory text
proposed in this rulemaking. Specifically, PHMSA is interested in
comments that address whether the proposed regulatory text accurately
encompasses the requirements of the SP.
    For holders of SPs deemed not suitable for adoption, PHMSA requests
comment on our determination. PHMSA is particularly interested in
comments that confirm or refute the suitability, safety, and general
applicability of the SPs. Please note that if you are a holder of a SP
that was not proposed to be adopted but believe it should be, PHMSA
asks that you submit material to support such an argument.
Specifically, PHMSA requests:
     Information and arguments that support the proposed
adoption including technical and scientific data;
     The impact of the proposed adoption including cost and
benefits;
     The frequency of shipments made under the SP;
     The frequency of hazardous materials incidents (such as
those described in 171.15 and 171.16) occurring during shipments made
under the SP; and
     Proposed regulatory text.
    PHMSA asks that when submitting comments to the docket for this
rulemaking for SPs deemed not suitable, the SP Number, Topic area and
the letters ``NS'' indicating ``Not suitable'' are reflected in the
comment title and document name (e.g. SP12345/Cylinder--Retest/NS).
    Finally, PHMSA requests comment as it considers a future proposed
requirement for a SP applicant to provide potential regulatory text as
part of each SP application. Specifically, PHMSA requests comment on
the impact this practice would have, such as benefits or drawbacks.

IV. Section-by-Section Review by Topic Area

A. Cylinders--General

Part 172
172.102 Special Provisions
    Section 172.102 lists 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. Non-bulk
packagings must be marked with the United Nations (UN) identification
number and proper shipping name, and bear labels communicating the
hazard of the material contained in the package. DOT-SP 13544
authorizes the transportation in commerce of Department of
Transportation (DOT) Specification 4BA240 cylinders containing
liquefied petroleum gas (LPG) and propane and/or residue of LPG or
propane without hazard warnings provided the materials are transported
in a closed and placarded transport vehicle. This SP supports the
propane cylinder exchange programs that accept expended cylinders in
exchange for full cylinders. Cylinders collected during the course of
these programs may not always bear the appropriate hazard warning
markings and labels as required by the HMR. DOT-SP 13544 imposes
certain operational controls to ensure appropriate hazard
communication, driver training, and appropriate securement of the
cylinder on the transport vehicle. PHMSA proposes to add a special
provision, ``N95'' to allow non-bulk packagings containing UN1075,
Liquefied petroleum gas and UN1978, Propane not to be marked with the
UN number and proper shipping name or bear hazard labels provided
certain restrictions are met.
Section 172.400a
    The HMR provide exceptions or alternatives to the labeling
requirements under specific circumstances. One such alternative permits
the use of a neckring marking, under certain conditions, in accordance
with the CGA publication C-7, Guide to Preparation of Precautionary
Labeling and Marking of Compressed Gas Containers, Appendix A, 8th
Edition (2004). Section 172.400a permits the use a CGA Pamphlet C-7
marking in lieu of the 100 mm x 100 mm square-on-point labels on a
Dewar flask meeting the requirements in Sec.  173.320 and cylinders
containing Division 2.1, 2.2, and 2.3 materials that are not
overpacked.
    DOT-SP 14251 authorizes the transportation in commerce of
overpacked cylinders, containing Class 2 materials, with CGA C-7
neckring labels provided the overpack is labeled in accordance with
Sec.  172.400. Additionally, the CGA petitioned PHMSA (P-1521) to allow
cylinders to display the neckring marking even when overpacked. The
petition would still require the overpack to display the 100 mm x 100
mm square-on-point labels in accordance with 49 CFR part 172, subpart
E. The marking prescribed in Appendix A to CGA publication C-7, Guide
to Preparation of Precautionary Labeling and Marking of Compressed Gas
Containers, Appendix A, 8th Edition (2004) provides useful information
in a clear and consistent manner and its widespread use on cylinders
over the course of several years has enhanced its recognition. The
adoption of DOT-SP 14251 and CGA's proposed change would provide
greater flexibility for shipments of overpacked cylinders while
ensuring adequate hazard communication. Therefore, PHMSA is proposing
to revise this section to authorize the transportation in commerce of
overpacked cylinders, containing Class 2 materials, with CGA C-7
neckring labels and to allow these cylinders to display the neckring
marking even when overpacked provided the overpacks are properly
labeled.
Part 173
Section 173.181
    Section 173.181 specifies the authorized packagings for the
shipment of pyrophoric materials (liquids) in transportation. DOT-SP
14419 authorizes the additional use of DOT specification 3AL cylinders
constructed from aluminum alloy 6061-T6 for the shipment of pyrophoric
liquids provided the cylinders are constructed of 6061-T6 aluminum,
have a minimum marked service pressure of 1800 psig, have a maximum
water capacity of 49 liters, and any preheating or heating of the
cylinders is limited to a maximum temperature of 175[emsp14][deg]F.
PHMSA proposes to revise this section to allow for the use of DOT
specification 3AL cylinders constructed from aluminum alloy 6061-T6,
with the same specified limitations for the shipment of pyrophoric
materials.
Section 173.193
    Section 173.193(b) states that ``Bromoacetone, methyl bromide,
chloropicrin and methyl bromide mixtures, chloropicrin and methyl
chloride mixtures, and chloropicrin mixtures charged with non-
flammable, non-liquefied compressed gas must be packed in Specification
3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C cylinders having not over
113 kg (250 pounds) water capacity (nominal).'' DOT-SP 12301 authorizes
the transportation in commerce of Chloropicrin and methyl bromide
mixtures in DOT4BW cylinders with water capacity (nominal) not over 454
kg (1,000 pounds). PHMSA proposes to revise Sec.  173.193(b) to allow
for a water capacity of not over 454 kg (1,000 pounds) for chloropicrin
and methyl

bromide mixtures packed in DOT specification 4BW cylinders.
Section 173.301
    This section outlines the general requirements for the use of
cylinders including a list of authorized cylinders, general filling
requirements, valve protection, and pressure relief device
requirements. In this NPRM, PHMSA proposes revisions that would amend
the pressure relief device requirements and permit the use of valve
caps made from a material other than metal.
    PHMSA proposes to authorize the transportation in commerce of DOT
specification 39 cylinders without a pressure relief device valve being
in communication with the vapor space. With limited exceptions, Sec.
173.301(f) requires a cylinder filled with a compressed gas to be
fitted with a pressure relief device. Section 173.301(f)(2) states that
``a pressure relief device, when installed, must be in communication
with the vapor space of a cylinder containing a Division 2.1 (flammable
gas) material.'' DOT-SP 13318 authorizes the transportation in commerce
of DOT specification 39 cylinders of 75 cubic inches or less volume,
without the PRD in direct communication with the vapor space. PHMSA
proposes to amend paragraph (f)(2) to state that this provision does
not apply to cylinders of 75 cubic inches or less in volume filled with
a liquefied petroleum gas, methyl acetylene and propadiene mixtures,
stabilized, propylene, propane or butane. This SP was originally issued
in 2003 subsequent to the publication of HM-220D [67 FR 51625; August
8, 2002] which instituted the requirement that the PRD be in
communication with the vapor space, and continues to allow a shipping
practice that prior to 2003 has been successfully used with an
acceptable safety record.
    PHMSA proposes to create an additional exception to pressure relief
device requirements for DOT-3E cylinders under certain limited
circumstances. DOT-SP 8074 provides an exception from the pressure
relief device requirements for a DOT specification 3E cylinder up to 12
inches long and 2 inches in diameter when filled with the following
gases up to the specified limits: Carbon dioxide, liquefied 0.24L (8
oz.), Ethane 0.12L (4oz.), Ethylene (4 oz.), Hydrogen chloride,
anhydrous 0.24L (8 oz.), Nitrous oxide 0.24L (8 oz.), Vinyl fluoride,
stabilized 0.24L (8 oz.) and Monochlorotrifluoromethane 0.35L (12 oz.).
PHMSA proposes to add a new paragraph Sec.  173.301(f)(7) to authorize
DOT 3E cylinders of this size and containing these gasses to be shipped
without a pressure relief device provided they are under the provided
maximum weight limits.
    Finally, PHMSA also proposes to authorize the use of valve
protection caps that are made from a material other than metal.
Compressed gas cylinders must meet certain valve protection
requirements outlined in Sec. Sec.  173.40(d) and 173.301(h). Each
cylinder with a valve must have a protective metal cap, other valve
protection device, or an overpack which is sufficient to protect the
valve from damage during transportation. For Division 2.3 or 6.1 Hazard
Zone A or B materials, the valve protection must be of sufficient
strength to protect the valve from breakage and leakage resulting from
a drop of 2.0 m (7 ft) or more onto a non-yielding surface at the
orientation most likely to cause damage. DOT-SP 12782 authorizes
plastic valve protection caps for certain Division 2.1, 2.2, and 2.3
materials when the valve protection is sufficient to prevent leakage
when the cylinder, with the valve installed, is dropped from 2.0 m (7
ft) or more onto a non-yielding floor, impacting the valve assembly or
cap at the orientation most likely to cause damage. In this NPRM, PHMSA
proposes to amend Sec. Sec.  173.40(d) and 173.301(h) to allow for the
valve protection, including the valve cap, to be made from plastic.
PHMSA is not proposing any changes to Sec.  173.301b(c) because ISO
11117 permits valve caps made of materials other than metal.
Section 173.302a
    Sections 173.302, 173.302a, 173.304 and 173.304a prescribe
additional requirements for the transport of non-liquefied (permanent)
and liquefied compressed gases in DOT specification cylinders. These
requirements include authorized cylinders and filling limits. Section
173.302a(b) states that a DOT 3A, 3AX, 3AA, 3AAX, and 3T cylinder may
be filled with a compressed gas, other than a liquefied, dissolved,
Division 2.1, or Division 2.3 gas, to a pressure 10% in excess of its
marked service pressure, subject to certain safety criteria. DOT-SP
6530 authorizes the transport in commerce of hydrogen and mixtures of
hydrogen with helium, argon, or nitrogen, in certain cylinders filled
to 110% of their marked service pressure. PHMSA proposes to add a new
paragraph (c) to include this exception and to remark the other
paragraphs in this section to reflect this addition. This SP was
originally issued over 40 years ago.
Section 173.304a
    In Sec.  173.304a(a)(2), a table provides the maximum filling
densities and permissible cylinder types for certain named gases.
Currently, Sec.  173.304a(a)(2) permits a maximum filling density of
68% for carbon dioxide and nitrous oxide in DOT 3, DOT 3HT2000 and DOT
39 cylinders as well as DOT 3A, 3AX, 3AA, 3AAX, 3E, 3T, and 3AL
cylinders with a marked service pressure of 1800 psi. PHMSA proposes to
modify the entries currently in the table in Sec.  173.304a(a)(2) to
add additional filling densities for carbon dioxide and nitrous oxide.
    DOT-SP 13599 authorizes additional maximum filling densities for
carbon dioxide and nitrous oxide to include 70.3%, 73.2%, and 74.5% in
DOT 3A, 3AA, 3AX, 3AAX, 3AL, and 3T cylinders with marked service
pressures of 2000, 2265, and 2400, psig respectively, subject to
operational controls. Air Products and Chemicals Inc. (Air Products)
submitted a petition for rulemaking (P-1560) requesting PHMSA revise
Sec.  173.304a(a)(2) to adopt the provisions of DOT-SP 13599. Air
Products stated in its petition that the proposed increase in the
maximum permitted filling densities would yield various benefits
including increased harmonization of compressed gas filling
requirements with the UN Model Regulations, benefits to the carbonated
beverage industry, decreased fuel costs associated with the
transportation and delivery of carbon dioxide and nitrous oxide, and
reduced administrative costs through the elimination of DOT-SP 13599.
PHMSA has a high degree of confidence that the increased filling
densities for these gases will not adversely impact safety. While
determining if DOT-SP 13599 was suitable for inclusion in this
rulemaking, PHMSA's technical evaluators confirmed that if the table in
Sec.  173.304a is revised to clearly link the maximum permitted filling
density with the specific gas and the specific packaging, then the
operational controls of DOT-SP 13599 would be met. Therefore, PHMSA
proposes to modify the entries currently in the table in Sec.
173.304a(a)(2) for carbon dioxide and nitrous oxide to include the
maximum filling densities listed in P-1560 and DOT-SP 13599.
Part 180, Subpart C
Qualification, Maintenance and Use of Cylinders
    The HMR prescribe requirements for the continuing qualification,
maintenance, and periodic requalification of DOT specification

cylinders, DOT SP cylinders, and UN pressure receptacles. These
requirements ensure that cylinders continue to conform to the
appropriate specification and compromised cylinders are not filled with
hazardous materials. The discussion of the proposed amendments includes
a section-by-section review of the current requirements, and a
discussion of SPs considered for adoption and proposed amendments.
Part 180
Section 180.209
    Each DOT specification cylinder must be given a complete external
and internal visual inspection and subjected to a hydrostatic pressure
test. This combination of a visual examination and hydrostatic test is
referred to as requalification. The time period for periodic
requalification is typically 5 years, but this period varies depending
on the cylinder specification and the gas service. The requalification
period for various DOT specification cylinders is shown in the Sec.
180.209 table.
    Paragraph (e) authorizes a proof pressure test in lieu of the
volumetric expansion test for 4B, 4BA, 4BW, or 4E cylinders protected
with a corrosion resistant coating used exclusively for the gases
specified in that paragraph. DOT-SP 12084 expands on the list in
paragraph (e) to include additional gases. These gases are refrigerated
gases and liquefied gases similar to those already permitted by Sec.
180.209(e). This SP was originally granted in 1998 and has been revised
several times to expand the list of gases authorized by the SP. Since
1998, thousands of cylinders have been requalified in the manner
described by this SP without safety incident. In this NPRM, PHMSA
proposes to adopt the provisions in DOT-SP 12084 by removing the list
of authorized gases and authorizing the use of the proof pressure test
for DOT-4B, 4BA, 4BW, or 4E cylinders protected externally by a
suitable corrosion resistant coating and used exclusively for non-
corrosive gases. The authorized specifications limit the total pressure
in the cylinder to 500 psi or less. It should be noted that because
this SP does not include a 4E cylinder, PHMSA specifically requests
comments on the feasibility of its inclusion.
Section 180.213
    Cylinders requalified in accordance with the HMR must bear
requalification markings in accordance with Sec.  180.213. As provided
in Sec.  180.213(c), ``The depth of requalification markings may not be
greater than specified in the applicable specification. The markings
must be made by stamping, engraving, scribing or other method that
produces a legible, durable mark.'' DOT-SP 14937 allows the use of a
label embedded in epoxy in lieu of other methods described in Sec.
180.213. PHMSA proposes to amend paragraph (c) to allow the use of a
label embedded in epoxy in lieu of stamping provided the marking is
legible and durable. This SP was originally issued in 2008 and has an
acceptable safety record.

B. Cylinders--NDT/Aerosols

Part 173
Section 173.304
    Section 173.304 specifies the requirements for the filling of
cylinders with liquefied compressed gases. Paragraph (d) of this
section provides for authorized packagings for the filling of cylinders
with refrigerant and dispersant gases. The current regulations
authorize these materials in a 2Q non-refillable container. DOT-SP
12573 authorizes a refrigerant gas (``R 134a,'' UN3159) in a non-DOT
specification container similar to a 2Q container at a maximum
allowable pressure requirement for the contents of 198 psig at 54.4
[deg]C (130[emsp14][deg]F).
    Based on our review of the permit and no discovery of compliance
violations or incidents associated with the transport history of the
permit, we are proposing to adopt the container found in DOT-SP 12573
as an authorized container. However, we are differing marginally from
the permit in that we are adopting a maximum pressure threshold of 200
psig at 55 [deg]C (131[emsp14][deg]F) for the contents. There is no
safety basis for the 200 psig ceiling other than we believe it is a
cleaner cutoff point than the 198 psig maximum found in the SP. In
addition, as part of the variation on the design of a DOT 2Q container,
the modified container will be marked as ``DOT 2Q1.''
    Finally, the current regulations require that the pressure of the
contents of the metal containers not exceed 87 psig at 21 [deg]C
(70[emsp14][deg]F). We invite comment on whether the requirement for a
maximum pressure should be specified at 21 [deg]C (70[emsp14][deg]F)
for the 2Q1 container in addition to the limit at 55 [deg]C
(131[emsp14][deg]F). If so, we invite comment on what should the limit
be for typical refrigerant or dispersant gas such as 1,1,1,2
Tetrafluoroethane, R134a. See the associated discussions for Sec. Sec.
173.306 and 178.33d.
Section 173.306
    Section 173.306 provides general requirements and exceptions for
shipments of limited quantities of compressed gas. In this NPRM, we are
making several proposed changes to this section. The proposed changes
are discussed as follows:
    Conforming revisions. Throughout this section of the HMR and within
related SPs that provide exemptions from these regulations for gases,
pressure standards are indicated at either 130[emsp14][deg]F or
131[emsp14][deg]F. In the interest of consistency and conformity with
the general requirements for compressed gases in Sec. Sec.  173.301 and
173.301a, we are proposing to change all references of 54.4 [deg]C
(130[emsp14][deg]F) to 55 [deg]C (131[emsp14][deg]F). We invite comment
on whether there are any potential negatives in making this conforming
change. We are also making revisions to the construction and formatting
of how this section is presented (e.g., insertion of an ``if, then''
table) in an effort to make the requirements more reader-friendly.
Authorized Metal Containers
    DOT 2P inner nonrefillable metal containers. Under Sec.  173.306,
limited quantities of foodstuffs or soaps with soluble or emulsified
compressed gas are authorized in nonrefillable metal or plastic
containers. Paragraph (b)(1) introductory text authorizes these
containers subject to a pressure requirement not to exceed 140 psig at
54.4 [deg]C (130[emsp14][deg]F). SPs 13601 and 14503 authorize the
transportation of ``UN1950, Aerosols, non-flammable (each not exceeding
1 L capacity), 2.2,'' and 7951 authorizes the transportation of
``UN1956, Compressed gas, n.o.s., 2.2,'' in containers that conform to
DOT 2P or 2Q specifications except for some minimal modifications. The
containers must have maximum pressures for the contents of 160 psig at
54.4 [deg]C (130[emsp14][deg]F) and 150 psig at 23.9 [deg]C
(75[emsp14][deg]F), respectively. DOT-SP 7951 states that the
containers must be transported in the refrigerated state. PHMSA is
seeking comments on whether refrigeration should be a condition of the
transport of these materials. As part of the variation on the
specification of these containers, the modified container will be
marked as ``DOT 2P1'' under the provisions of new Sec.  178.33c
discussed separately in this rulemaking.
    We are also proposing to include DOT 2P1 as an authorized metal
aerosol container under Sec.  173.306(a)(3)(iii). We see no reason to
limit this container to foodstuffs or soaps under paragraph (b)(1)
because the pressure limit for the contents is the same as the current
requirement for a DOT 2P container, and the safety factor of the
minimum burst pressure under the SP is greater than that for a DOT 2P
container (270

psig vs. 240 psig). We are not proposing to adopt the burst pressure
requirement because the SP requirements are such that the pressure
relief system of these containers must function at a pressure below the
burst pressure. Also, the DOT 2P1 would be authorized for both Division
2.1 and 2.2 aerosols under Sec.  173.306(a)(3)(iii).
    DOT 2Q inner nonrefillable metal containers. Limited quantities of
compressed gas are authorized in metal aerosol containers (see Sec.
171.8 of the HMR). Paragraph (a)(3) introductory text of this section
authorizes metal aerosol containers under certain conditions including
packaging types and pressure thresholds. The current regulations under
Sec.  173.306(a)(3)(iii) require use of a DOT 2Q container for
pressures exceeding 160 psig at 54.4 [deg]C (130[emsp14][deg]F) but not
to exceed 180 psig. DOT-SP 12573 authorizes the transport of
``Aerosols, non-flammable,'' UN1950 in non-DOT specification containers
that conform to DOT 2Q specifications except for some modifications.
The containers must have maximum pressures for the contents of 198 psig
at 54.4 [deg]C (130[emsp14][deg]F).
    Based on review of the permit and no discovery of compliance
violations or incidents associated with the transport history of the
permit, we are proposing to adopt the modified DOT 2Q as an authorized
metal aerosol container. However, we are differing marginally from the
permit in that we are adopting a maximum pressure threshold of 200 psig
at 55 [deg]C (131[emsp14][deg]F). There is no safety basis for the 200
psig ceiling other than we believe it is a cleaner cutoff point than
the 198 psig maximum found in the permit. As part of the variation of
the specification of a DOT 2Q container, the modified container will be
marked as ``DOT 2Q1.''
    This proposed rule would also expand authorized materials to
include Division 2.1 aerosols. We see no reason to limit the use of
this container to non-flammable aerosols based on the record of use for
this container and that DOT 2Q containers currently authorized in the
HMR are allowed to be used for all defined aerosol types, however, we
invite comment on the suitability of the container for all aerosol
types. See the associated discussions for Sec. Sec.  173.304 and
178.33d.
    DOT-SP 13581 is linked to the above proposed provision in that it
authorizes the use of metal aerosol containers manufactured, tested,
and marked according to DOT-SP 12573. We believe with the adoption of
the modified DOT 2Q container (i.e., a DOT 2Q1 container), this SP will
no longer be needed.
Alternatives to Testing of Metal Aerosol Containers by a Hot Water Bath
Test
    As a condition of the use of a metal aerosol container, each
container, after being filled, must be subjected to a hot water bath to
raise the internal pressure to such a degree that leakage or permanent
deformation, if any, can be determined (see Sec.  173.306(a)(3)(v)).
The provision also provides for a testing protocol for a container
where the contents may be sensitive to heat. Currently, this is the
only method authorized for determining leakage or permanent deformation
and thus, fillers that have developed other protocols or that do not
want to subject their products to a hot water bath test must obtain a
SP. A number of SPs that authorize the use of alternative methods to
determine leakage or permanent deformation are discussed as follows:
    (1) Alternate hot water bath test. DOT-SP 12995 authorizes a
methodology that is a combination of a hot water bath test, a weight
test, and visual inspection. Rather than subjecting each filled
container to a hot water bath test, only one container out of each lot
is subjected to the hot water bath test, a second is subjected to a
weight test, the results of which must be compared to weight
specification for the container as outlined in quality control
procedures, and finally, the remainder of the lot must be visually
inspected by examining the valve, crimp, and seam areas for evidence of
leakage.
    Based on review of the permit and no discovery of compliance
violations or incidents associated with the transport history of the
permit, we are proposing to adopt DOT-SP 12995. The permit authorizes
only DOT 2Q containers but we are applying it to all authorized metal
aerosol containers. While determining if DOT-SP 12995 was suitable for
inclusion in this rulemaking, PHMSA's technical evaluators confirmed
that the methodology that includes a combination of hot water bath
test, weight test, and visual inspection may be performed on a DOT 2P
as well as a DOT 2Q. Since these containers are similar designs except
in terms of strength, this alternative to the hot water bath test is
applicable to any metal container. Previously, most applicants of DOT-
SP 12995 only requested 2Q because that is what they needed for their
particular hazmat, but that does not mean that alternative testing is
not good for similar containers. Additionally, the permit applies to
specific filling conditions but we will apply this testing method to
containers complying with the current filling conditions in Sec.
173.306(a)(3). Finally, we vary from the permit with our proposed
language in that we require maintenance and access to operating
procedures especially with regard to the weight test and specification
in order to effect a broader application of this alternative. Rather
than specify standards, we will allow persons to develop their own
procedures that best fit their product on the condition that DOT has
access to these procedures. We invite comment on this approach and
others. In our proposal, for purposes of this alternative, we designate
a lot as 2,000 containers consistent with the SP. We invite comment on
whether we should specify a lot size, allow persons to determine the
lot size, and if so, how the testing procedures should be modified to
accommodate larger lot sizes.
    (2) Automated in-line pressure test. DOT-SPs 14429, 14623, 14625,
14627, 14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427,
and 15972 all authorize the use of an automated process to check the
pressure of filled containers (i.e., an ``automated in-line pressure
check'') instead of subjecting the containers to a hot water bath.
Based on review of the SPs and no discovery of compliance violations or
incidents associated with the transport history of the permit, we are
proposing to adopt the provisions of these SPs, specifically
authorizing the use of an automated process for pressure checks that
does not involve a hot water bath. The safety control measures for the
``automated in-line pressure check'' vary greatly among the SPs with
regard to the criteria for rejection, limits on the filling of
contents, inspection, and corrective action. We are seeking comments on
whether the proposed +/-0.5% accuracy of the pressure measuring
instrument is appropriate for widely-used automated equipment for
aerosols. Rather than attempt to develop a standard that might not
address all possible variations on an automated process, we have opted
to propose a performance-based requirement that adopts parts of all of
the SPs. Specifically, we propose to require the development of
operating procedures (which we believe most entities should already
have as part of their processes), we provide for basic components that
the procedures must address (e.g., inclusion of rejection criteria),
and we require written record of the operating procedures be made
accessible to DOT representatives. We invite comment on the merits of
this approach.
    (3) Weight test. DOT-SP 14440 authorizes the use of a process to
check the weight of filled containers (i.e., an

``automated in-line pressure check'') instead of subjecting the
containers to a hot water bath. Based on review of the permit and no
discovery of compliance violations or incidents associated with the
transport history of the permit, we are proposing to adopt the scope of
this SP, specifically authorizing the use of weight checks as a means
to determine compliance with pressure requirements. Comparison of the
weight of a container against the pre-determined target weight for the
container provides an indication of the filling of the container. For
example, a container with a weight greater than that of the target
weight provides an indication of overfilling and thus, would likely
exceed the authorized pressure limit at 55 [deg]C (131[emsp14][deg]F).
We have opted to propose a performance-based requirement that adopts
parts of all of the SPs. Specifically, we propose to require the
development of operating procedures (which we believe most entities
should already have as part of their processes), we provide for basic
components that the procedures must address (e.g., a supplementary heat
test for rejection of a lot), and we require written record of the
operating procedures accessible to DOT representatives. We invite
comment on the merits of this approach.
    (4) Leakage test. DOT-SP 14544 authorizes the use of a high
pressure air test on empty containers combined with a leakage test for
filled containers instead of subjecting the containers to a hot water
bath. The testing protocol for filled containers found in this SP is
currently applied to plastic containers under paragraph (a)(5) of this
section in the HMR, however, the pressure and leakage test of the empty
containers differs in its application. Under DOT-SP 14544, each empty
container must be pressure tested at 120 psig instead of the HMR
requirement that each empty container must be subjected to a pressure
equal to or in excess of the maximum expected in the filled containers
at 55 [deg]C (131[emsp14][deg]F), and that is at least two-thirds of
the design pressure of the container. Under both tests, if there is
evidence of leakage, the container must be rejected. Based on review of
the permit, no discovery of compliance violations or incidents
associated with the transport history of the permit, and a similar
requirement currently under the HMR, we are proposing to adopt the
scope of this SP, specifically authorizing the use of a leakage test as
a means to determine compliance with pressure requirements. Our
implementation will differ from the SP in that we are proposing to
adopt the leakage testing requirements under Sec.  173.306(a)(5)(v),
but including the DOT-SP 14544 testing protocol for empty containers as
an alternative. We invite comment on our approach to adopt this SP.
    Accumulators. The HMR provides for special considerations for
limited amounts of compressed gas in accumulators. DOT-SP 8786
authorizes the transport of accumulators under an alternative testing
procedure from what is outlined in paragraph (f)(2) and (f)(3) of this
section. Instead of testing each accumulator to three times (3x) the
charge pressure, the SP provides for conditions to test one accumulator
out of each lot of 1,000 to the burst design pressure, and two
accumulators to two and a half times (2.5x) the charge pressure. Based
on review of the permit, no discovery of compliance violations or
incidents associated with the transport history of the permit, and the
lengthy history of use of this SP, we are proposing to adopt DOT-SP
8786 except for the specific conditions for the preparation for testing
of the accumulators.
    Aerosol disposal. The general packaging requirements of the HMR
forbid the transport of leaking or improperly-filled packages. This
includes aerosol containers that are found to be leaking or improperly
filled as part of a combination packaging. Although the HMR provides
for conditions to allow for the transport of damaged, defective, or
leaking packages under salvage packaging provisions in Sec.  173.3(c)
and (d) for salvage drums and salvage cylinders, respectively, these
provisions do not apply to aerosol containers that are leaking or
improperly filled. Thus, shippers (fillers) with defective aerosol
containers (``waste aerosols'') are limited to onsite disposal of
aerosol containers that do not comply with the HMR. DOT-SP 11296
provides for an option to transport these containers to an offsite
facility for disposal under certain conditions (e.g., overpacking in
DOT specification packagings, modal restrictions, etc.).
    Based on review of the permit, no discovery of compliance
violations or incidents associated with the transport history of the
permit, and that adoption would allow for the transport of these
aerosols for proper disposal, we are proposing to adopt the general
scope of DOT-SP 11296 but with some differences. The proposed language
is not limited to flammable aerosols such as indicated in the language
in DOT-SP 11296. Also, the proposed regulatory language is modeled
after the salvage packaging requirements of Sec.  173.3(c) in that: (1)
The authorized outer packaging for overpacking the defective cylinders
has been expanded to include other metal drums (i.e., 1B2 and 1N2); (2)
a condition for cushioning and absorbent material, when necessary, has
been added; and (3) an ``aerosol salvage'' drum marking has been
adopted. We invite comment on several aspects of these proposed
provisions including authorized aerosols, (e.g., are there concerns
with allowing aerosols other than flammable aerosols only in the
drums?), authorized outer packaging, hazard communication, and
authorized transport modes.
Part 178
Section 178.33c
    Under the HMR, certain DOT specification containers with restricted
capacity and commonly referred to as ``aerosol containers'' are
authorized for transport of compressed gases and for liquefied
compressed gases under limited situations. These containers include DOT
2P (inner non-refillable metal) containers. The specification standards
are outlined in Sec.  178.33 of the HMR, but the specification does not
provide for variations on the standards. Thus, technological advances
or design changes to satisfy customer needs are such that the resulting
metal containers would not comply with the standards for a DOT 2P
container, nor any other container authorized under either Sec. Sec.
173.304 or 173.306 of the HMR. DOT-SPs 13601 and 14503 (also 7951)
provide for a variation on the DOT 2P container specifications by
authorizing construction of the container according to modifications to
the standards for manufacture and testing.
    These variations on a 2P container are equipped with some manner of
pressure relief system (e.g., a rim-vent release device or a dome
expansion device) that must function within a certain pressure range,
otherwise the container is rejected. In effect, these containers are
designed to buckle to relieve pressure before bursting. For example,
for a container built to DOT-SP 13601, the pressure relief system must
function between 175 psig and 210 psig or be rejected. However, we have
no specific information in the special permit(s) on the relationship
between the functional range and the tested burst pressure. The current
requirements for a container for foodstuffs under Sec.  173.306(b)(1)
is that the pressure of the contents cannot exceed 140 psig at
130[emsp14][deg]F and the container must be capable of withstanding a
pressure of 1.5x the contents at 130[emsp14][deg]F without bursting.
Thus, 140 psig of contents equates to a minimum burst pressure of 210
psig.

Additionally, the current minimum burst pressure for a DOT 2P container
is 240 psig (Sec.  178.33-8). Using the DOT-SP 13601 requirements, the
minimum burst pressure requirement is listed as 270 psig (assumed at
130[emsp14][deg]F) and the pressure of contents at 130[emsp14][deg]F
may not exceed 160 psig thus, equating to approximately 1.7x the
contents at 130[emsp14][deg]F without bursting (which is more stringent
than for a 2P under the HMR). However, accounting for the pressure
range for operation of the relief system at 175 psig to 210 psig, the
multiplier based on the maximum pressure of the contents is
approximately 1.1x to 1.3x the contents. That is, the relief system
must function within 1.1x to 1.3x the pressure of the contents at
130[emsp14][deg]F.
    This is further complicated under DOT-SP 14503 (and 7951) where the
standard for the pressure of the contents is set at 75[emsp14][deg]F
for which we do not have an equivalent requirement under the HMR.
Additionally, the ranges for functioning of the relief systems have a
higher upper bound, 175 to 250 and 175 to 235, respectively. And,
finally there is no minimum burst pressure specified in DOT-SP 14503
(and 7951); therefore, we must default to the DOT 2P minimum burst
pressure of 240 psig. Again, the circumstances are unclear in that the
upper bounds for the functional ranges approach or exceed the 2P
minimum burst pressure yet we do not have information on the actual
tested burst pressure which could be much larger. Therefore, based on
the requirements of DOT-SP 13601, we propose to implement a requirement
that for containers with pressure relief systems, the upper bound of
the functional range for a pressure relief system must be no greater
than 80% of the minimum burst pressure or the recorded test pressure.
We invite comment on using this approach and whether it would be
preferable to implement a requirement for the upper bound of the range
based on the pressure of the contents?
    Overall, based on review of the permit and no discovery of safety
issues or incidents associated with the transport history of the
permit, we are proposing to incorporate the standards for the modified
DOT 2P container found in DOT-SP 13601 (and likely 14503 (7951)) as a
variation on the DOT 2P container design. This variation would be
required to be marked as a ``DOT 2P1.'' Rather than repeat in total the
DOT 2P specification standards that have remained the same for a DOT
2P1 container, we propose to instruct the reader that all standards for
a DOT 2P1 remain the same as those for a DOT 2P except for the
variations outlined in a proposed new Sec.  178.33c-2.
Section 178.33d
    Under the HMR, certain DOT specification containers with restricted
capacity and commonly referred to as ``aerosol containers'' are
authorized for transport of compressed gases and for liquefied
compressed gases under limited situations. These containers include DOT
2Q (inner nonrefillable metal) containers. The specification standards
are outlined in Sec.  178.33a of the HMR but the specification does not
provide for variations on the standards. Thus, technological advances
or design changes to satisfy customer needs are such that the resulting
metal containers would not comply with the standards for a DOT 2Q
container, nor any other container authorized under either Sec. Sec.
173.304 or 173.306 of the HMR. DOT-SP 12573 provides for a variation on
the DOT 2Q container specifications by authorizing construction of the
container according to modifications to the standards for type and
size, manufacture, wall thickness, and testing. DOT-SP 14503 also
provides for a variation on the DOT 2Q container specification by
authorizing construction of the container according to modifications to
its manufacture and testing.
    These variations on a 2P container are equipped with some manner of
pressure relief system (e.g., a rim-vent release device or a dome
expansion device) that must function by a certain threshold level or
within a certain pressure range, otherwise the container is rejected.
In effect, these containers are designed to buckle to relieve pressure
before bursting. For example, for a container built to DOT-SP 12573,
the minimum pressure before the system buckles is 220 psig (and if not
equipped with a pressure relief system, the container may not burst
below 320 psig). The maximum pressure of the contents authorized under
this SP is 198 psig at 130[emsp14][deg]F (we proposed at maximum level
of 200 psig based on this SP in the Sec.  173.306 discussion for 2Q
containers). The current requirements for a 2Q container under Sec.
173.306(a)(3)(ii) is that the pressure of the contents cannot exceed
180 psig at 130[emsp14][deg]F and the container must be capable of
withstanding a pressure of 1.5x the contents at 130[emsp14][deg]F
without bursting. Applying the same multiplier to 200 psig, the
container must withstand 300 psig without bursting. The DOT-SP 12573
minimum burst pressure of 320 psig is more stringent; however, the
calculated burst pressure of 300 psig based on the proposed maximum
pressure of contents is also greater than the current required minimum
burst pressure of 270 psig for a 2Q container. Thus, it provides a
greater margin of safety than current required but also provides some
opportunity for relief as a standard. We propose to adopt a 300 psig
minimum burst pressure for this modified 2Q container. Also, we propose
to require buckling of the system at 75% of tested burst pressure (with
a minimum burst test pressure of 300 psig). We invite comment on these
approaches for adoption of the provisions for the modified 2Q container
under DOT-SP 12573. Based on review of the permit and no discovery of
incidents associated with the transport history of the permit, we are
proposing to adopt the standards for the modified DOT 2Q container
found in DOT-SP 12573 as a variation on the DOT 2Q container design.
This variation would be required to be marked as a ``DOT 2Q1.''
    The requirements under DOT-SP 14503 operate differently in that the
standard for the pressure of the contents is set at 75[emsp14][deg]F to
which we do not have an equivalent requirement under the HMR.
Additionally, the SP provides for a range of pressure for functioning
of the relief systems, specifically, 180 to 300 psig. And, finally
there is no minimum burst pressure specified in DOT-SP 14503 so we must
default to the DOT 2Q minimum burst pressure of 270 psig. The upper
bound for the functional range exceeds the 2Q minimum burst pressure
yet we do not have information on the actual tested burst pressure
which could be much larger. Therefore, based on a similar proposal to
implement provisions of DOT-SP 13601 for 2P containers (see the Sec.
178.33c discussion), the upper bound of the functional range for a
pressure relief system must be no greater than 80% of the test
pressure. We invite comment on using this approach and whether it would
be preferable to implement a requirement for the upper bound of the
range based on the pressure of the contents.
    Based on review of the permit and no discovery of incidents
associated with the transport history of the permit, we are proposing
to adopt the standards for the modified DOT 2Q container found in DOT-
SP 14503 as a variation on the DOT 2Q container design. This variation
would be required to be marked as a ``DOT 2Q2.'' Rather than repeat, in
total, the DOT 2Q specification standards for each of these modified
containers that have remained the same, we propose to implement the
proposals in this section by instructing the reader that all standards
for a DOT 2Q1 or a DOT 2Q2

remain as for a DOT 2Q except for the variations outlined in proposed
new Sec. Sec.  178.33d-2 and 178.33d-3. We invite comment on this
method of implementing these modified DOT 2Q specification containers.

C. Cargo Tanks/Rail Cars/Portable Tanks

Part 173
Section 173.315
    Section 173.315 specifies the bulk packaging provisions for
liquefied compressed gases in UN and DOT specification cargo tanks and
portable tanks. DOT-SP 12576 authorizes non-DOT specification cargo
tanks for the transportation of UN1080, Sulfur hexafluoride, that
otherwise conform to the MC 331 specifications except for design
pressure, capacity, and marking. The cargo tanks are designed and built
in conformance with Section VIII, Division 1, of the ASME Code, and the
design pressure may not exceed 600 psig. Additionally, the water
capacity range for each tank ranges from a minimum of 15 gallons to a
maximum of 500 gallons. Based on our review of the permit and no
discovery of compliance violations or incidents associated with the
transport history of the permit, we are proposing to revise the Sec.
173.315(a)(2) Table by referring to a new Note 28 in the entry for
``Division 2.2, materials not specifically provided for in this table''
as Sulfur hexafluoride is not listed by name in the table. New note 28
codifies such tanks specified in DOT-SP12576 for the transportation of
Sulfur hexafluoride. PHMSA is soliciting comment on whether this
amendment should include other compressed gases and whether the
prescribed design pressure or capacity should be revised in a final
rule.
Section 173.319
    Section 173.319 prescribes the loading and packaging provisions for
cryogenic liquids transported in tank cars. Currently, the HMR
authorizes a maximum of 10 psig in a DOT 113C120W tank car containing
UN1038, Ethylene, refrigerated liquid, when offered for transportation
by rail. DOT-SP 12039 authorizes the transportation in commerce of DOT
113C120W tank cars containing Ethylene, refrigerated liquid, at an
internal pressure of 20 psig instead of the maximum 10 psig. Based on
our review of the permit and no discovery of compliance violations or
incidents associated with the transport history of the permit, we are
proposing to revise the paragraph (d)(2) Table by authorizing a maximum
of 20 psig consistent with DOT-SP 12039.

D. Operational Air/Vessel

Part 172
Sections 172.101 (Hazardous Materials Table) and 172.102 Special
Provisions
    Section 172.101 provides instructions for using the Hazardous
Materials Table (HMT) and the HMT itself. Column 7 of the HMT specifies
codes for special provisions applicable to hazardous materials. Special
provisions contain packaging requirements, prohibitions, and exceptions
applicable to particular quantities or forms of hazardous materials.
When Column 7 of the HMT refers to a special provision for a hazardous
material, the meaning and requirements of that special provision are as
set forth in Sec.  172.102 (Special provisions).
    In this NPRM, PHMSA is proposing to revise Column 7 for several
entries to add the vessel-specific special provision ``W11.'' This
special provision would allow, when offered for transportation by
vessel, certain materials to be offered in the same transport unit with
foodstuffs and cargo of an organic nature provided a distance of 3m (10
feet) is maintained between the hazardous materials and foodstuffs or
cargo of an organic nature. The affected entries are as follows:
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials.
     Benzaldehyde, UN1990
     Corrosive liquid, acidic, inorganic, n.o.s, UN3264, PG II
and III
     Corrosive liquid, acidic, organic, n.o.s., UN3265, PG II
and III
     Extracts, flavoring, liquid, UN1197, PG II and III
     Flammable liquids, corrosive, n.o.s., UN2924, PG III
     Phosphoric acid solution, UN1805
Special Provision W11
    Currently, Sec.  176.800(a) of the HMR specifies that each package
requiring a Class 8 (corrosive) label being transported by vessel must
be stowed clear from living quarters and away from foodstuffs and cargo
of an organic nature. In addition, Sec.  176.800(b) prohibits packages
requiring a Class 8 (corrosive) label from being stowed over any
readily combustible material. DOT-SP 11691 authorizes deviation from
the segregation requirements for vessel stowage when shipped in the
same transport unit of certain flammable, Class 9 (miscellaneous), and
corrosive liquids that are the ingredients of soft drinks (beverages).
DOT-SP 11691 also allows these packages of certain corrosive liquids to
be stowed over packages of other specifically authorized flammable
liquids. During the review of this SP, PHMSA noted that the transport
conditions found in DOT-SP 11691 are different from the currently
authorized segregation from foodstuffs requirements found in the
International Maritime Dangerous Goods (IMDG) Code sections <IP_ADDRESS>.1
and <IP_ADDRESS>.2, in that a segregation distance of 3 m (10 ft) from
foodstuffs is required by the IMDG Code.
    Based on our review, DOT-SP 11691 did not reveal safety incidents
associated with its transport history. Therefore, we are proposing to
adopt new special provision ``W11'' to adopt the operational control
provisions of DOT-SP 11691 as well as the additional requirement that
packages requiring Class 8 labels must be separated within the
transport unit by a distance of 3 m (10 ft) from foodstuffs and cargo
of an organic nature. The SP includes specific technical names that are
authorized, but to be more consistent with the IMDG Code provisions,
PHMSA is proposing to extend the exception to all packages offered for
transport under any of the proper shipping names (and associated
packing group) to which this special provision is assigned. The
proposed special provision W11 would allow entries assigned this
special provision, when offered for transportation by vessel, to be
offered in the same transport unit with foodstuffs and cargo of an
organic nature provided a distance of 3m (10 feet) is maintained
between the hazardous materials and foodstuffs or cargo of an organic
nature. Class 8 (corrosive) materials assigned this special provision
would also be allowed to be stowed over packages of flammable liquids
also assigned this special provision.
Part 176
Section 176.90
    Section 176.90 prescribes requirements for private automobiles
carrying Class 1 hazardous materials on board ferry vessels. There are
four SPs that provide relief for ferry transport of private automobiles
carrying engines, gasoline, and propane. DOT-SP 7465, 11150, 13213, and
14458 all contain slightly different provisions to facilitate this
process safely. Where differences exist between these permits, PHMSA
has attempted to choose the least restrictive provision for adoption.
PHMSA specifically requests comments on this approach.
    PHMSA is proposing to renumber the existing lone paragraph as
paragraph (a), and to add a new paragraph (b) to adopt an exception for
``Engines, internal

combustion, flammable gas powered or flammable liquid powered,
including when fitted in machinery or vehicles (i.e. motor vehicles,
recreational vehicles, campers, trailers), vehicle flammable liquid or
flammable gas powered, gasoline, and petroleum gases, liquefied or
liquefied petroleum gas'' when included as part of a motor home,
recreational vehicle, camper, or trailer when carried on board ferry
vessels subject to certain operational controls.
    In this NPRM, PHMSA is proposing to revise this section to allow
items normally offered as engines, vehicles, gasoline, or propane in
private automobiles aboard ferry vessels to receive exceptions with
certain restrictions. These restrictions include: (1) Cylinders must be
visually inspected for defects, cracks, or leaks, and gasoline
containers must show no signs of damage or leakage; (2) cylinders of
liquefied petroleum gas must have the cylinders securely attached to
recreational vehicles; (3) extra containers of gasoline (including camp
stove or lantern fuel) and portable cylinders of liquefied petroleum
gas (including cylinders for camping equipment) not securely attached
to recreational vehicles must be stowed in the vessel's paint locker;
(4) liquefied petroleum gas cylinders must be secured by closing the
shut-off valves prior to the recreational vehicles being loaded on the
vessel; (5) the owner or operator of each recreational vehicle must be
directed to close all operating valves within the vehicles, (6) ``no
smoking'' signs must be posted on the vehicle decks and, if used for
storage of hazardous materials in close proximity to the vessel's paint
locker; (7) a continuous patrol of the vehicle decks must be made by a
crewmember, and any unusual or dangerous situation must be reported to
the vessel's master; (8) passengers are allowed on the vehicle decks,
but are subject to the control of the crew personnel conducting the
continuous vehicle deck patrol; (9) vessel personnel responsible for
performing any function in the proposed section must be trained in
accordance with Subpart H of Part 172; and (10) shipments made under
this section are subject to the Hazardous Materials Incident Reporting
requirements.

E. Operational Highway/Rail/Shipper/Other

Part 171
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is proposing to add the
following definition based on the proposed adoption of DOT-SP 11458:
    Display pack: This term means a package intended to be placed on
the floor of retail stores which is designed to provide direct customer
access to consumer commodities contained within the package when all or
part of the outer fiberboard packaging is removed.
    DOT-SP 11458 authorizes the transportation in commerce of display
packs of consumer commodity packages or limited quantity packages that
exceed the 30 kg gross weight limit. The provisions of DOT-SP 11458 are
being proposed for adoption into Sec.  173.156. However, the term
``display pack'' is not currently defined in the HMR. Therefore, in
this NPRM we are proposing to adopt the definition for ``display pack''
under Sec.  171.8 based upon the definition found in DOT-SP 11458.
Part 172
Section 172.102
    Section 172.102 lists 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. PHMSA is
proposing the following revisions to the Sec.  172.102, Special
Provisions:
Special Provision 380
    PHMSA proposes to add Special Provision 380 to adopt SP 10705. This
SP provides relief from the segregation requirements of Sec.
177.848(d) for the transport of UN1092, Acrolein, stabilized by private
carrier in a motor vehicle. The SP prescribes the packaging that must
be used and the materials with which acrolien, stabilized may be
loaded. The SP further specifies that the motor carrier must maintain a
satisfactory safety rating as prescribed in part 385 of CFR Title 49.
Based on our review, the fact that transportation conducted under this
SP has an acceptable safety record, and adopting it would provide
flexibility in transportation while maintaining an equivalent level of
safety, we are proposing to adopt its provisions in its entirety in
this Special Provision. The provisions of DOT-SP 10705 are specific to
UN1092, Acrolein, stabilized; therefore, this Special Provision is
assigned exclusively to that HMT entry.
Special Provision 381
    PHMSA proposes to add Special Provision 381 to adopt SP 7991. This
SP provides relief from the HMR for the transportation of railroad
flagging kits by highway. See Sec.  173.184 for a detailed discussion
of the proposed adoption of DOT-SP 7991. This Special Provision is
assigned to the following HMT entries: Fusee (rail or highway) (NA1325,
Division 4.1, PG II; Articles, pyrotechnic (UN0431, Division 1.4G, PG
II); Signal Devices, hand (UN0373, Division 1.4S, PG II); Signal
Devices, hand (UN0191, Division 1.4G, PG II); and Signals, railway
track, explosive (UN0193, Division 1.4S, PG II).
Special Provision 382
    PHMSA proposes to add Special Provision 382 to adopt SP 8006. This
SP provides relief from the labeling requirements of Sec.  172.400(a)
for the transportation of toy plastic or paper caps for toy pistols by
motor vehicle, railcar, cargo vessel, and cargo aircraft. See Sec.
172.400a(a)(8) for a detailed discussion of the proposed adoption of
DOT-SP 8006. This Special Provision is assigned to the following HMT
entries: Articles, explosive, n.o.s. (UN0349) and Toy caps (UN0337).
Special Provision 383
    PHMSA proposes to add Special Provision 383 to adopt SP 11356. This
SP authorizes material meeting the conditions for high viscosity
flammable liquids specified in Sec.  173.121(b)(1)(i), (b)(1)(ii), and
(b)(1)(iv), to be re-classed to Packing Group III for transportation by
motor vehicle. The SP prescribes packaging, capacity limitations, and
load securement requirements. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in the transportation of
these materials while maintaining an equivalent level of safety, we are
proposing to adopt the provisions of the SP in its entirety in this
Special Provision. This Special Provision is assigned to the following
HMT entries: Coating solution (UN1139, PG II) and paint (UN1263, PG
II).
Special Provision 384
    PHMSA proposes to add Special Provision 384 to adopt SP 11666. This
SP authorizes the transportation of green graphite electrodes and
shapes that are large single component solid objects not subject to
sifting, in open rail flat cars, open bed motor vehicles, and
intermodal containers. The SP prescribes load securement requirements
for the electrodes and shapes. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in

the transportation of these articles and materials while maintaining an
equivalent level of safety, we are proposing to adopt the provisions of
the SP in its entirety in this Special Provision. This Special
Provision is assigned to the following HMT entries: Other regulated
substances, n.o.s. (NA3077, PG III) and Environmentally hazardous
substances, solid, n.o.s. (UN3077, PG III)
Special Provision 385
    PHMSA proposes to add Special Provision 385 to adopt SP 13343. This
SP authorizes the use of cargo heaters when weather conditions are such
that the freezing of certain wetted explosive material is likely.
Shipments must be made by private, leased or contract carrier vehicles
in exclusive use. Cargo heaters must be reverse refrigeration (heat
pump) units. Shipments made in accordance with the SP are excepted from
the anti-freeze requirements of Sec.  173.60(b)(4). Based on our
review, the fact that transportation conducted under this SP has an
acceptable safety record, and adopting it would provide flexibility to
motor carriers engaged in the transportation of these explosive
materials while maintaining an equivalent level of safety, we are
proposing to adopt the provisions of the SP in its entirety in this
Special Provision. The provisions of DOT-SP 13343 are specific to
Trinitroresorcinol, wetted or Styphnic acid, wetted with not less than
20% water, or mixture of alcohol and water by mass (UN0394); therefore
this Special Provision is assigned exclusively to that HMT entry.
Special Provision B130
    PHMSA proposes to add Special Provision B130 to adopt SP 14525.
This SP provides relief from the HMR except for the shipping paper
requirements of Subpart C of Part 172, emergency response information
as required by Sec.  172.602, and the marking requirements of Sec.
172.302,(a), (b), and (d) when transporting used diatomaceous earth
filter material by highway. The SP prescribes packaging, quantity
limitations, and the required method of storing the packages within the
motor vehicle. Based on our review, the fact that transportation
conducted under this SP has an acceptable safety record, and adopting
it would provide flexibility to private motor carriers engaged in pest
control operations while maintaining an equivalent level of safety, we
are proposing to adopt the provisions of the SP in its entirety in this
Special Provision. The provisions of SP 14525 are specific to self-
heating solid, organic, n.o.s. (UN3088); therefore this Special
Provision is assigned exclusively to that HMT entry.
Section 172.202
    Section 172.202 establishes requirements for shipping descriptions
on shipping papers. As part of these shipping paper requirements, in
many situations a net or gross quantity of the hazardous materials must
be included. SP 11811 provides relief from this requirement for local
collections operations transporting hazardous materials and hazardous
substances by highway that are ``household wastes'' as described in 40
CFR 261.4 and not subject to the Environmental Protection Agency's
hazardous waste regulations in 40 CFR, Parts 262 and 263. Based on our
review, the fact that transportation conducted under this SP has an
acceptable safety record, and adopting it would provide flexibility to
shippers while maintaining an equivalent level of safety, we are
proposing to revise paragraph (c) of Sec.  172.202 to adopt the
provisions of SP 11811 in its entirety.
Section 172.315
    Section 172.315 establishes requirements for the marking of
packages containing limited quantities of hazardous materials. For
transportation by highway by private carrier SP 11197 provides relief
from the requirement to display the limited quantity marking on
packages containing materials assigned to Packing Groups II and III
prepared in accordance with the limited quantity requirements in Part
173. The relief offered by SP 11197 does not include materials assigned
to Classes 1, and 7, and Division 6.1 and 6.2 materials. The SP
prescribes inner packaging and package quantity limitations; the
maximum gross weight of packages that may be transported in one
vehicle; and special package marking requirements. Based on our review,
the fact that transportation conducted under this SP has an acceptable
safety record, and adopting it would provide flexibility in
transportation while maintaining an equivalent level of safety, we are
proposing to add a new paragraph (a)(3) to Sec.  172.315 to adopt the
provisions of SP 11197 in its entirety.
Section 172.400a
    Section 172.400a provides exceptions from the Sec.  172.400 general
labeling requirements for packages or containment devices containing
hazardous materials and offered for transportation or transported in
commerce. SP 8006 provides relief from the Sec.  172.400 general
labeling requirements for toy plastic or paper caps for toy pistols
described as ``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S, PG
II'' or ``NA0337, Toy caps, 1.4S, PG II'' when offered for
transportation by motor vehicle, rail freight, cargo vessel, and cargo
aircraft. The toy plastic or paper caps must have been examined in
conformance with Sec.  173.56 and approved by the Associate
Administrator for Hazardous Materials Safety. The SP specifies that the
toy plastic or paper caps must be in the form of sheets, strips, rolls,
or individual caps and further specifies the maximum average explosive
composition of each cap. The SP also prescribes quantity limitations
and packaging, segregation, and special marking requirements. Based on
our review, the fact that transportation conducted under this SP has an
acceptable safety record, and adopting it would provide flexibility in
transportation while maintaining an equivalent level of safety, we are
proposing to add a new paragraph (a)(8) to Sec.  172.400a to adopt the
provisions of SP 8006 in its entirety.
Part 173
Section 173.12
    Section 173.12 provides certain exceptions and authorizations for
the transportation of waste materials. SP 11470 authorizes
transportation by motor vehicle and cargo vessel of shrink-wrapped
pallets containing boxes of waste ORM-D or limited quantity materials
when marked with the word ``WASTE'' on the outside of the pallet
instead of each individual box. The SP prescribes packaging and marking
requirements for the waste materials. In addition, under a petition for
rulemaking under petition number P-1611, COSTHA also requested that
PHMSA adopt this SP into the HMR. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in transportation while
maintaining an equivalent level of safety, we are proposing to add a
new paragraph (h) to Sec.  173.12 to adopt the provisions of SP 11470
in its entirety.
Section 173.29
    Section 173.29 prescribes certain requirements, exceptions, and
authorizations for the transportation of empty packagings. SP 9610
provides relief from complete shipping papers and the placarding
requirements of subpart F of part 172 for smokeless powder residue when
transported by motor vehicle or railcar in ``Container-on-flat-car''
(COCF) or ``Trailer-on-flat-

car'' (TOCF) service. The smokeless powder must be approved in
conformance with Sec.  173.56 as a Class 1 explosive substance. The SP
prescribes packaging requirements, quantity limitations, operational
controls, and a specific shipping description for the material. Based
on our review, the fact that transportation conducted under this SP has
an acceptable safety record, and adopting it would provide flexibility
in transportation while maintaining an equivalent level of safety, we
are proposing to revise paragraph (f) of Sec.  173.29 to adopt the
provisions of SP 9610 in its entirety. We invite specific comment on
the adoption of this SP pertaining to hazard communication.
Section 173.63
    Section 173.63 provides certain packaging exceptions for the
transportation of Class 1 (explosive) materials. SP 4850 authorizes
Cord, detonating, or Fuse detonating, metal clad (UN0290, Div. 1.1D) to
be renamed and reclassed as Cord, detonating, mild effect, or Fuse,
detonating, mild effect, metal clad (UN0104, Div. 1.4D); and Charges,
shaped, flexible, linear (UN0288, Div. 1.1D) to be renamed and
reclassed ``Charges, shaped, flexible, linear (UN0237, Div. 1.4D) and
transported by motor vehicle, railcar, cargo vessel, and cargo
aircraft. The SP prescribes packaging requirements and quantity
limitations. Based on our review, the fact that transportation
conducted under this SP has an acceptable safety record, and adopting
it would provide flexibility in transportation while maintaining an
equivalent level of safety, we are proposing to revise paragraph (a) of
Sec.  173.63 to adopt the provisions of SP 4850 in its entirety.
Section 173.156
    Section 173.156 provides certain exceptions and authorizations for
the transportation of limited quantities and other regulated materials
(ORM). For transportation by railcar in trailer-on-flat-car (TOFC) or
container-on-flat-car (COFC) service, or roadrailer and/or railrunner
trailers or by motor vehicle, or cargo vessel SP 11458 authorizes
display packs of consumer commodity packages that exceed 30 kg gross
weight. See Sec.  171.8 for a discussion of the proposed addition of
the definition of ``display pack.'' The SP prescribes packaging and
marking requirements and quantity limitations. In addition, in a
petition for rulemaking under petition number P-1607, COSTHA requested
PHMSA adopt this SP into the HMR. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in transportation while
maintaining an equivalent level of safety, we are proposing to add a
new paragraph (c) to Sec.  173.156 to adopt the provisions of SP 11458
in its entirety.
    The proposed adoption of SP 11470 relating to exceptions for waste
limited quantity and ORM-D materials is discussed in Sec.  173.12. We
are proposing to add a new paragraph (d) to Sec.  173.156 to direct the
reader to the proposed new paragraph (h) of Sec.  173.12 which adopts
the provisions of SP 11470.
Section 173.159
    Section 173.159 prescribes packaging requirements for wet
batteries. For transportation by motor vehicle, railcar, cargo vessel
and passenger and cargo aircraft, SP 11078 excepts the transportation
of nickel cadmium batteries containing potassium hydroxide, a Class 8
material from the other requirements of the HMR. The SP prescribes
packaging requirements and quantity limitations. Based on our review,
the fact that transportation conducted under this SP has an acceptable
safety record, and adopting it would provide flexibility in
transportation while maintaining an equivalent level of safety, we are
proposing to add a new paragraph (j) to Sec.  173.159 to adopt the
provisions of SP 11078 in its entirety.
Section 173.168
    Section 173.168 prescribes specific approval, testing, protection,
packaging, and equipment marking requirements for chemical oxygen
generators. SP 11984 authorizes certain unapproved chemical oxygen
generators with only one positive means of preventing unintentional
actuation of the generator, and without the required approval number
marked on the outside of the package, to be transported by motor
vehicle, railcar, and cargo vessel. The SP prescribes packaging,
testing and marking requirements. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in transportation while
maintaining an equivalent level of safety, we are proposing to add a
new paragraph (g) to Sec.  173.168 to adopt the provisions of SP 11984
in its entirety.
Section 173.184
    Section 173.184 prescribes specific packaging requirements for the
transportation of highway or rail fusees. Flagging kits transported on
railroad motor vehicles including privately owned motor vehicles under
the direct control of on-duty railroad employees, in conformance with
SP 7991, are excepted from the requirements of the HMR. Flagging kits
can only contain fusees and railroad torpedoes described as; Fusee
(rail or highway) (NA1325, Division 4.1, PG II); Articles, pyrotechnic
(UN0431, Division 1.4G, PG II); Signal devices, hand (UN0373, Division
1.4S, PG II); Signal devices, hand (UN0191, Division 1.4G, PG II); and
Signals, railway track, explosive (UN0193, Division 1.4S, PG II). The
SP prescribes packaging requirements, quantity limitations and
operational controls. Based on our review, the fact that transportation
conducted under this SP has an acceptable safety record, and adopting
it would provide flexibility in transportation while maintaining an
equivalent level of safety, we are proposing to add a new paragraph (c)
to Sec.  173.184 to adopt the provisions of SP 7991 in its entirety.
Section 173.226
    Section 173.226 prescribes specific packaging requirements for the
transportation of Materials poisonous by inhalation, Division 6.1,
Packing Group I, Hazard Zone A. When transported as prescribed in SP
11055, liquid hazardous materials in Division 6.1 Packing Group I,
Hazard Zone A are excepted from the segregation requirements of
Sec. Sec.  174.81, 176.83, and 177.848(d). The SP prescribes packaging
and testing requirements, quantity limitations, and cushioning and
absorbent material requirements. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in transportation while
maintaining an equivalent level of safety, we are proposing to add a
new paragraph (f) to Sec.  173.226 to adopt the provisions of SP 11055
in its entirety.
Section 173.306
    Section 173.306 provides exceptions for limited quantities of
compressed gas. SP 13199 permits reconditioned (used) refrigerating
machines (UN2857, Div. 2.2) to be transported under the requirements
prescribed in Sec.  173.306(e) and excepted from the marking
requirements of Sec.  172.302(c) when transported by motor vehicle, and
meeting certain structure and Class A refrigerant gas weight
requirements. The SP also prescribes operational controls and testing
requirements. Section 173.306(e) currently permits only new (unused)
refrigerating machines to be excepted from specification packaging,
placarding, and certain rail and highway

modal requirements. Based on our review, the fact that transportation
conducted under this SP has an acceptable safety record, and adopting
it would provide flexibility in transportation while maintaining an
equivalent level of safety, we are proposing to a add new paragraph
(e)(2) to Sec.  173.306 to adopt the provisions of SP 13199 in its
entirety.
Section 173.322
    Section 173.322 prescribes specific packaging requirements for the
transportation of ethyl chloride. SP 14422 authorizes transportation by
motor vehicle, railcar, or cargo vessel of four ounces or less of ethyl
chloride, packaged in a DOT-2P or DOT-2Q container as a consumer
commodity. The SP prescribes quantity limitations and packaging,
testing and marking requirements. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in transportation while
maintaining an equivalent level of safety, we are proposing to and add
a new paragraph (f) to Sec.  173.322 to adopt the provisions of SP
14422 in its entirety.
Part 174
Section 174.67
    Section 174.67 establishes specific operational requirements for
railroad tank car unloading. For combustible liquid or Class 3 liquid
petroleum distillate fuels, SP 12002 authorizes clearing frozen liquid
blockages from the outlet by attaching a fitting to the outlet line and
applying nitrogen at a pressure of 50 to 100 psi. Based on our review,
the fact that transportation conducted under this SP has an acceptable
safety record, and adopting it would provide flexibility in rail
operations while maintaining an equivalent level of safety, we are
proposing to revise paragraph (g) to Sec.  174.67 to adopt the
provisions of SP 12002 in its entirety.
Part 177
Section 177.820
    SPs 11352, 12207, 12306, 13165, and 14945 authorize the movement of
certain hazardous materials across public roads. Such movements are not
subject to Subparts C (Shipping Papers), D (Marking), E (Labeling), and
F (Placarding) of Part 172. The SPs prescribe operational controls.
Based on our review, the fact that transportation conducted under this
SP has an acceptable safety record, and adopting it would provide
flexibility in rail operations while maintaining an equivalent level of
safety, we are proposing to add a new Sec.  177.820 to adopt the
provisions of these SPs in their entirety.
Section 177.834
    Section 177.834 establishes general operational requirements for
transportation by highway. SPs 9874, 13190, 13424, 13959, 14141, 14150,
14680, 14822, 14827, and 14840 authorize ``attendance'' of the loading
or unloading of a cargo tank by a qualified person observing all
loading or unloading operations by means of a video monitor located at
a remote control station. These SPs prescribe operational controls and
specific requirements for the video monitoring system. Based on our
review, the fact that transportation conducted under these SPs have an
acceptable safety record, and adopting them would provide flexibility
in operations while maintaining an equivalent level of safety, we are
proposing to revise paragraph (i)(3) and (i)(4) of Sec.  177.834 to
adopt the provisions of these SPs in their entirety.
    SPs 13484 and 14447 authorize ``attendance'' of the loading or
unloading of a cargo tank through the use of hoses equipped with cable
connected wedges, plungers, or flapper valves located at each end of
the hose, able to stop the flow of product from both the source and the
receiving tank within one second without human intervention in the
event of a hose rupture, disconnection, or separation. The SPs
prescribe inspection requirements and operational controls for use of
the hoses. Based on our review, the fact that transportation conducted
under these SPs have an acceptable safety record, and adopting them
would provide flexibility in operations while maintaining an equivalent
level of safety, we are proposing to revise paragraphs (i)(3) and
(i)(4) of Sec.  177.834 to adopt the provisions of SPs 13484 and 14447
in their entirety.
    SPs 10597, 10803, 10882, 14618, and 14726 authorize the use of
diesel or propane fueled combustion cargo heaters in motor vehicles
used to transport Class 3 (flammable liquid) or Division 2.1 (flammable
gas) materials. The SPs prescribe operational controls for use of the
heaters. Based on our review, the fact that transportation conducted
under these SPs have an acceptable safety record, and adopting them
would provide flexibility in operations while maintaining an equivalent
level of safety, we are proposing to revise paragraph (l)(2)(i) of
Sec.  177.834 to adopt the provisions of these SPs in their entirety.
In this NPRM, as the existing paragraph (l)(2)(ii) of Sec.  177.834
relating to the Effective date for combustion heater requirements is
obsolete, we are proposing its removal. In addition, we are also
proposing the redesignation of paragraph (l)(2)(iii) of Sec.  177.834
to paragraph (l)(2)(ii).
Section 177.838
    Section 177.838 establishes specific operational requirements for
the transportation of Class 4 (flammable solid) materials, Class 5
(oxidizing) materials, and Division 4.2 (self-heating and pyrophoric
liquid) materials. Notwithstanding the segregation requirements of
Sec.  177.848(d), SP 11373 authorizes the transport on the same
transport vehicle of Sodium hydrosulfite or sodium dithionite, UN1384,
in Packing Group II or III; Thiourea dioxide, UN33341, in Packing Group
II or III; and Self-heating, solid, organic, n.o.s., UN3088, in Packing
Group II or III, with Class 8 materials. The SP prescribes packaging
and separation requirements. Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in highway operations while
maintaining an equivalent level of safety, we are proposing to revise
the title of Sec.  177.838 and add a new paragraph (i) to Sec.  177.838
to adopt the provisions of SP 11373 in its entirety.
Section 177.840
    Section 177.840 establishes specific operational requirements for
the transportation of Class 2 (gases) materials. Notwithstanding the
segregation requirements of Sec.  177.848(d), SP 11043 authorizes the
transport on the same transport vehicle of Division 2.3, Hazard Zone A
materials with materials classed as Division 2.1, Class 3, Class 4,
Class 5, and Class 8. The SP prescribes packaging, marking, separation
requirements.
    Notwithstanding the segregation requirements of Sec.  177.848(d),
SP 14335 authorizes the transport on the same transport vehicle of
Division 2.3, Hazard Zone A materials with specification non-bulk
packagings and IBCs containing only the residue of Division 2.1, 4.3,
5.1, and Class 3 and 8 materials. The SP prescribes separation and
securement requirements, operational controls, quantity limitations,
and carrier safety rating requirements.
    Based on our review, the fact that transportation conducted under
these

SPs have an acceptable safety record, and adopting them would provide
flexibility in highway operations while maintaining an equivalent level
of safety, we are proposing to add a new paragraph (a)(3) to Sec.
177.840 to adopt the provisions of SPs 11043 and 14335 in their
entirety.
Section 177.841
    Section 177.841 establishes specific operational requirements for
the transportation of Division 6.1 and Division 2.3 materials.
Notwithstanding the segregation requirements of Sec.  177.848(d), SP
11151 authorizes transportation by highway by private or contract motor
carrier of Division 6.1 Packing Group I, Hazard Zone A materials
meeting the definition of a hazardous waste as provided in Sec.  171.8
on the same transport vehicle with materials classed as Class 3, Class
4, Class 5, and Class 8. The Division 6.1 Packing Group I, Hazard Zone
A materials must be loaded on pallets and separated from the Class 3,
Class 4, Class 5, and Class 8 materials by a minimum horizontal
distance of 2.74 m (9 feet). Based on our review, the fact that
transportation conducted under this SP has an acceptable safety record,
and adopting it would provide flexibility in highway operations while
maintaining an equivalent level of safety, we are proposing to add a
new paragraph (f) to Sec.  177.841 to adopt the provisions of SP 11151
in its entirety.

F. Non-Bulk Packaging Specifications/IBCs

Part 172
Section 172.101
    The Sec.  172.101 HMT designates the materials listed therein as
hazardous materials for the purpose of transportation of those
materials. For each listed material, the HMT identifies the hazard
class or specifies that the material is forbidden in transportation,
and gives the proper shipping name or directs the user to the preferred
proper shipping name. In addition, the HMT specifies or references
requirements in this subchapter pertaining to labeling, packaging,
quantity limits aboard aircraft, and stowage of hazardous materials
aboard vessels. We are proposing to revise several entries in the HMT
to adopt SPs relating to non-bulk packagings and IBCs. Specifically,
for ``UN1415, Lithium,'' ``UN2257, Potassium,'' ``UN3190, Self-heating
solid, inorganic, n.o.s.,'' ``UN1428, Sodium,'' ``UN1381, Phosphorus,
yellow, under water'' and ``UN2813, Water-reactive solid, n.o.s.'' for
Packing Groups II and III, we are proposing to add a reference to Sec.
173.151 to provide packaging exceptions for relevant Hazard Class 4
materials. These proposed revisions are discussed below.
Part 173
Section 173.62
    Section 173.62 provides specific packaging requirements for
explosives. DOT-SP 12335 authorizes the transportation in commerce by
motor vehicle, cargo vessel, and cargo aircraft when authorized in the
HMT and passenger-carrying aircraft, when authorized for carriage by
hazmat table and used exclusively to transport personnel to remote work
sites of certain Division 1.1D and 1.4D detonating cords without the
ends being sealed in alternative packaging, provided that the inner
packaging containing the detonating cord is made of a static-resistant
plastic bag of at least 3 mil thickness and the bag is securely closed
for transportation. We have noted nine violations related to shipments
moving under DOT-SP 12335. However, the violations did not involve
safety issues with the permit. Thus, we propose to adopt the provisions
of the SP in its entirety in Sec.  173.62.
Section 173.150
    Section 173.150 provides exceptions from the HMR for certain Class
3 flammable liquid material. This section includes exceptions for
limited quantities, consumer commodities, alcoholic beverages, aqueous
solutions of alcohol and combustible liquids. In this NPRM, PHMSA is
proposing to add a paragraph (h) to include an exception that would
permit Diesel fuel (UN1202 or NA1993) and Gasoline (UN1203) to be
transported one way, by motor vehicle, directly from the loading
location to an equipment repair facility in non-specification non-bulk
packaging, known as a gasoline dispenser. Specifically, shipments
wishing to use this exception would be required to transport the
material in a gasoline dispenser and prior to loading, each dispenser
must be capped or plugged all product inlet and outlet piping, so that
no fluid may be released during transportation. Furthermore, no
dispenser may contain more than 2 gallons of gasoline, and each
dispenser must be blocked, braced or strapped to the motor vehicle to
prevent movement during transportation. This revision is proposed to
adopt DOT-SP 13217. Based on our review, the fact the SP has no
violations or reported incidents, and adopting it would expand the
general applicability in a safe manner, we are proposing to adopt its
provisions in its entirety in Sec.  173.150.
Section 173.151
    Section 173.151 provides exceptions for Class 4 materials. In this
NPRM we are proposing to add new paragraph (e) that would except
``Lithium, UN1415,'' ``Potassium, UN2257,'' and ``Sodium, UN1428,''
with a net quantity of material per inner packaging not exceeding 25
grams, from the labeling requirements of Part 172, Subpart E and the
placarding requirements of Part 172 Subpart F, if they are offered for
transportation or transported in the packagings with conditions set
forth in that paragraph. We are also establishing new paragraph (f) to
authorize shipment of Self-heating solid, inorganic, n.o.s, in unlined,
non-DOT specification multi-wall paper bags containing a maximum of 55
pounds (net) weight. We are further adding new paragraph (g) to
authorize Water reactive solid, n.o.s. (contains magnesium, magnesium
nitrides) in Packing Group II or III to be contained in sift-proof bulk
packagings. These revisions would adopt DOT-SP 11602, 13796, and 15373.
    DOT-SP 11602 authorizes the transportation in commerce of certain
Division 4.3 materials contained in sift-proof closed bulk packagings
that prevent that prevent water from reaching the hazmat and have
sufficient venting to preclude a dangerous accumulation of gaseous
emissions. Based on our review, the fact the SP has no violations or
reported incidents, and adopting it would expand the general
applicability in a safe manner, we are proposing to adopt its
provisions in its entirety in Sec.  173.151.
    DOT-SP 13796 authorizes the transportation in commerce of ``UN1381,
Phosphorus, yellow, under water,'' in a 30 gallon UN 1A2 steel drum
certified as a minimum to the PG I performance level for solids and the
PG II performance level for liquids and as a minimum dual marked as a
UN1A2/X400/S (for solid) and UN1A2 Y/1.4/150 (for liquids). Based on
our review, the fact the SP has no violations or reported incidents,
and that its adoption would expand the general applicability in a safe
manner, we are proposing to adopt its provisions in its entirety in
Sec.  173.151.
    DOT-SP 15373 authorizes the manufacture, mark, sale and use of the
specially designed combination packagings described herein for
transportation in commerce of ``UN1415, Lithium,'' ``UN2257,
Potassium,'' and ``UN1428, Sodium8,'' without hazard labels or
placards, with quantity limits not exceeding 25 grams.

Based on our review, the fact the SP has no violations or reported
incidents, and adopting it would expand the general applicability in a
safe manner, we are proposing to adopt its provisions in its entirety
in Sec.  173.151.
Section 173.154
    Section 173.154 provides exceptions for Class 8, corrosive
materials. We are proposing to establish a new paragraph (b)(3) to
authorize polyethylene bottles with rated capacities of one gallon
(3.785 liters), packed inside an open-top, heavy wall, high density
polyethylene box for shipping Packing Group II and III corrosives. We
are also proposing to establish new paragraph (e) to authorize
hydrochloric acid concentration not exceeding 38%, in Packing Group II
to be contained in UN31H1 or UN31HH1 intermediate bulk containers when
loaded in accordance with the requirements of Sec.  173.35(h). These
revisions would adopt DOT-SP 6614, 12030, and 14137.
    DOT-SP 6614 authorizes the use of polyethylene bottles placed in a
polyethylene crate for the transportation in commerce of ``Compounds,
cleaning liquid (consisting of solutions containing potassium
hydroxide, hydrochloric acid or phosphoric acid), NA1760, PG II or
III,'' ``Corrosive liquid, basic, inorganic, n.o.s. (Potassium
hydroxide), PG II, and Corrosive liquid, basic, inorganic, n.o.s.
(Sodium hydroxide), PG II, UN3266,'' ``Corrosive liquid, acidic,
inorganic, n.o.s. (Phosphoric acid and Nitric acid), UN3264, PG II''
``Corrosive liquid, acidic, organic, n.o.s. (Glycolic acid), UN3265, PG
III'' ``Hypochlorite solutions, UN1791, PG III,'' ``Hydrochloric acid
solution (with not over 32% strength), UN1789, PG II'' and ``Sulfuric
acid (with not more than 51% acid), UN2796, PG II.'' PHMSA has on file
sixty-seven violations related to shipments moving under DOT-SP 6614.
However, the violations did not involve safety issues with the permit.
We are proposing to adopt the permit, and extend it to all corrosive
materials of Packing Groups II or III based on the history of no
violations involving safety issues and no reported incidents.
    DOT-SP 12030 authorizes the transportation in commerce of a
combination packaging with a maximum gross weight not over 37.0 kg,
consisting of one UN6HG2 composite packaging containing battery fluid
and one UN4G fiberboard box containing a dry storage battery. The
UN6HG2 composite packaging has a maximum capacity of 8.0 liters and is
marked as meeting the requirement for Packaging Group II. Based on our
review, the fact the SP has no violations or reported incidents, and
adopting it would expand the general applicability in a safe manner, we
are proposing to adopt its provisions in its entirety in a new
paragraph (f) in Sec.  173.154.
    DOT-SP 14137 authorizes the transportation in commerce of certain
hydrochloric acid solutions in UN31H1 or UN31HH1 when loaded in
conformance with the requirements in Sec.  173.35(h) and the
hydrochloric acid concentration does not exceed 38%. Based on our
review, the fact the SP has no violations or reported incidents, and
adopting it would expand the general applicability in a safe manner, we
are proposing to adopt its provisions in its entirety in Sec.  173.154.
Section 173.158
    Section 173.158 provides general requirements and exceptions for
shipments and packagings of nitric acid. In this NPRM, we are proposing
to establish a new paragraph (i) to authorize ``Nitric acid of up to
40% concentration'' in a UN1H1 non-removable head plastic drums with
certain conditions set forth in that paragraph and add new paragraph
(j) for the transportation of ``Nitric acid, other than red fuming,
with more than 70% nitric acid'' and ``Nitric acid, other than red
fuming, with not more than 70% nitric acid'' in a combination packaging
when offered for transportation or transported by rail, highway, or
cargo vessel. These proposed revisions would adopt DOT-SP 8230 and
14213.
    DOT-SP 8230 authorizes the transportation in commerce of Packing
Groups I and II nitric acids in certain combination packagings by motor
vehicle, rail freight, cargo vessel and cargo-only aircraft.
Specifically, ``Nitric acid, other than red fuming, with more than 70%
nitric acid'' and ``Nitric acid, other than red fuming, with not more
than 70% nitric acid'' is authorized to be transported in inner plastic
bottles in rigid foam plastic receptacles or plastic bags lined
absorbent material in outer packagings. Based on our review, the fact
the SP has no violations or reported incidents, and adopting it would
expand the general applicability in a safe manner, we are proposing to
adopt its provisions in its entirety in Sec.  173.158.
    DOT-SP 14213 authorizes the manufacture, marking, sale and use of
UN1H1 plastic drums to be used for the transportation in commerce of
nitric acid with not more than 40% nitric acid. Based on our review,
the fact the SP has no violations or reported incidents, and adopting
it would expand the general applicability in a safe manner, we are
proposing to adopt its provisions in its entirety in Sec.  173.158.
Section 173.159
    Section 173.159 provides packaging and shipping specifications and
exceptions for wet batteries. We are proposing to revise paragraph (e)
to include both shipments of electric storage batteries containing
electrolyte or corrosive battery fluid, and electric storage batteries
and battery acid. This change would adopt DOT-SP 13548.
    DOT-SP 13548 authorizes the transportation in commerce of lead acid
batteries and packages of battery acid with two different UN numbers on
the same motor vehicle with the packages secured against movement.
Based on our review, the fact the SP has no violations or reported
incidents, and adopting it would expand the general applicability in a
safe manner, we are proposing to adopt its provisions in its entirety
in Sec.  173.159.
Section 173.181
    Section 173.181 sets forth packaging and shipping requirements for
Pyrophoric materials (liquids). In this NPRM, we are proposing to add
new paragraph (d) to authorize the transportation in commerce of
certain pyrophoric materials in a combination package consisting of
UN1A2 outer package and a UN1A1 inner package. This revision would
adopt DOT-SP 12920.
    DOT-SP 12920 authorizes the transportation in commerce of certain
pyrophoric materials in a combination package consisting of UN1A2 outer
package and a UN1A1 inner package, with no more than two (2) inner
drums placed inside the outer drum. PHMSA has on file six violations
related to shipments moving under DOT-SP 12920. However, the violations
did not involve safety issues with the permit; rather, they pertained
to non-compliance with the permit or the HMR. Based on our review, the
fact the SP has no violations involving safety issues with the permit
and no reported incidents, and adopting it would expand the general
applicability in a safe manner, we are proposing to adopt its
provisions in its entirety in Sec.  173.181.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is issued under the authority of the Federal
hazardous materials transportation law (49 U.S.C. 5101 et seq.).
Section 5103(b) authorizes

the Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. This rulemaking proposes
adoption of certain special permits into the hazardous materials
regulations.