
[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Rules and Regulations]
[Pages 14702-14716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04197]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 176, and 178

[Docket No. PHMSA-2011-0142 (HM-219)]
RIN 2137-AE79


Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations in

[[Page 14703]]

response to petitions for rulemaking submitted by the regulated 
community to update, clarify, or provide relief from miscellaneous 
regulatory requirements. Specifically, PHMSA is amending the 
recordkeeping and package marking requirements for third-party labs and 
manufacturers to assure the traceability of packaging; removing the 
listing for ``NA1203, Gasohol, gasoline mixed with ethyl alcohol, with 
not more than 10% alcohol''; harmonizing internationally and providing 
a limited quantity exception for Division 4.1, Self-reactive solids and 
Self-reactive liquids Types B through F; allowing smokeless powder 
classified as a Division 1.4C material to be reclassified as a Division 
4.1 material; and providing greater flexibility by allowing the 
Dangerous Cargo Manifest to be in locations designated by the master of 
the vessel besides ``on or near the vessel's bridge'' while the vessel 
is in a United States port.

DATES: Effective Date: This rule is effective May 6, 2013.
    Voluntary Compliance Date: Voluntary compliance with all amendments 
is authorized March 7, 2013.

FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell at (202) 366-8553 at 
the Office of Hazardous Materials Standards, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Contents

I. Background
    1A. Notice of Proposed Rulemaking (NPRM)
    B. Commenters
II. Discussion of Amendments and Applicable Comments
    A. General Comments
    B. Comments Beyond the Scope of this Rulemaking
    C. Provisions Not Adopted in This Final Rule and Discussion of 
Comments
    D. Provisions Adopted in This Final Rule and Discussion of 
Comments
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866, Executive Order 13610, Executive Order 
13563 and DOT Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

A. Notice of Proposed Rulemaking (NPRM)

    On May 24, 2012, PHMSA (also ``we'' or ``us'') published a Notice 
of Proposed Rulemaking (NPRM) titled, ``Hazardous Materials: 
Miscellaneous Petitions for Rulemaking (RRR)'' under Docket PHMSA 2011-
0142 (HM-219) in the Federal Register. The NPRM and this final rule are 
part of the Department of Transportation's Retrospective Regulatory 
Review (RRR) designed to identify ways to improve the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171-180). The Administrative 
Procedure Act (APA) requires Federal agencies to give interested 
persons the right to petition an agency to issue, amend, or repeal a 
rule (5 U.S.C. 553(e)). PHMSA's rulemaking procedure regulations, in 49 
CFR Sec.  106.95, provide for persons to ask PHMSA to add, amend, or 
delete a regulation by filing a petition for rulemaking containing 
adequate support for the requested action. The NPRM responded to eight 
petitions for rulemaking submitted to PHMSA by various stakeholders. In 
the NPRM, we proposed to amend the HMR to update, clarify, or provide 
relief from miscellaneous regulatory requirements at the request of the 
regulated community. Below is a summary of the proposed changes in the 
May 24, 2012 NPRM:
     Revise Sec.  178.3 to clearly indicate that a manufacturer 
or third-party laboratory mark may not be used when continued 
certification of a packaging is conducted by someone other than the 
original manufacturer or third-party testing laboratory, unless 
specifically authorized by the original manufacturer or third-party 
testing laboratory;
     Revise Sec. Sec.  178.601(l), 178.801(l) and 178.955(i) to 
relax the record retention requirements for packaging test reports and 
provide a chart to clearly identify the retention requirements;
     Revise the Hazardous Materials Table (HMT; 49 CFR Sec.  
172.101) by removing the listing for ``NA1203, Gasohol, gasoline mixed 
with ethyl alcohol, with not more than 10% alcohol''; and removing 
reference to gasohol in Sections Sec. Sec.  172.336(c)(4) and 
172.336(c)(5);
     Revise Sec.  172.101 to refer to Sec.  173.151 to 
harmonize internationally and provide a limited quantity exception for 
Division 4.1, Self-reactive solids and Self-reactive liquids, Types B 
through F;
     Add a reference in 49 CFR Sec.  178.601(c)(4) and Sec.  
178.801(c)(7) to ASTM D4976-06 Standard Specification for Polyethylene 
Plastics Molding and Extrusion Materials to provide a range of 
acceptable resin tolerances in the plastic drum and IBC material;
     Allow smokeless powder classed as a Division 1.4C material 
to be reclassed as a Division 4.1 material to relax the regulatory 
requirements for these materials without compromising safety; and
     Allow the Dangerous Cargo Manifest (DCM) to be in 
locations designated by the master of the vessel besides ``on or near 
the vessel's bridge'' while the vessel is in a United States port to 
ensure that the DCM is readily available to communicate to emergency 
responders and enforcement personnel the presence and nature of the 
hazardous materials on board a vessel.
    PHMSA received six public comments in response to the above 
amendments proposed in the May 24, 2012, HM-219 NPRM. These comments 
are discussed in further detail in this final rule.

B. Commenters

    The comment period for the May 24, 2012 NPRM closed on July 23, 
2012. PHMSA received comments from six entities, five of which 
submitted the petitions discussed in the NPRM, and one is a council of 
manufacturers, shippers and carriers of hazardous materials, and their 
representative associations. Two commenters supported proposed changes 
in the HMR in their entirety; one commenter supported the proposed 
changes and asked for a further revision; one commenter disagreed with 
proposed changes pertaining to packaging marking and test report record 
retention, our intent to retain Special provision 172, and our intent 
to incorporate by reference ASTM Standard 04976-06 without stating that 
plastic drums and IBCs made from polyethylene meeting that standard do 
not constitute a different design type; one commenter asked that we 
adopt changes as they were written in their petition, not as they were 
proposed in the NPRM; and one commenter withdrew their petition.
    In consideration of the comments received to the public docket, 
PHMSA has developed this final rule. We address and discuss the 
proposals adopted and those not adopted into the HMR in this rulemaking 
under the heading: Discussion of Amendments and Applicable Comments. 
One commenter asked that we make additional amendments that were not 
specifically addressed in the NPRM and, therefore, these suggested 
amendments are considered beyond the scope of this

[[Page 14704]]

rulemaking. The comments, as submitted to this docket, may be accessed 
via http://www.regulations.gov and were submitted by the following 
companies, and associations (abbreviations used throughout the document 
and Docket Reference numbers are also provided):

----------------------------------------------------------------------------------------------------------------
               Commenter                        Abbreviation                       Docket reference
----------------------------------------------------------------------------------------------------------------
Association of Hazmat Shippers........  AHS.........................  PHMSA-2011-0142-0004.
Dangerous Goods Advisory Council......  DGAC........................  PHMSA-2011-0142-0005.
Hapag-Lloyd...........................  ............................  PHMSA-2011-0142-0003.
International Vessel Operators          IVODGA......................  PHMSA-2011-0142-0002.
 Dangerous Goods Association.
Plastic Drum Institute, Inc. and the    PDI and RIBCA...............  PHMSA-2011-0142-0007.
 Rigid Intermediate Bulk Container
 Association, Inc..
Sporting Arms and Ammunition            SAAMI.......................  PHMSA-2011-0142-0006.
 Manufacturers' Institute, Inc..
----------------------------------------------------------------------------------------------------------------

II. Discussion of Amendments and Applicable Comment

A. General Comments

    On September 30, 1993, President Bill Clinton issued Executive 
Order 12866, which asked Federal agencies ``to enhance planning and 
coordination with respect to both new and existing regulations; to 
reaffirm the primacy of Federal agencies in the regulatory decision-
making process; to restore the integrity and legitimacy of regulatory 
review and oversight; and to make the process more accessible and open 
to the public.''
    On October 21, 2011, President Barack Obama issued Executive Order 
13563, which is supplemental to and reaffirms the principles, 
structures, and definitions governing contemporary regulatory review 
that were established in Executive Order 12866. This executive order 
urged government agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public. 
Finally, federal agencies were directed to periodically review existing 
significant regulations; retrospectively analyze rules that may be 
outmoded, ineffective, insufficient, or excessively burdensome; and 
modify, streamline, expand, or repeal regulatory requirements in 
accordance with what has been learned.
    On May 10, 2012, President Barack Obama issued Executive Order 
13610 (Identifying and Reducing Regulatory Burdens) reaffirming the 
goals of Executive Order 13563 (Improving Regulation and Regulatory 
Review) and Executive Order 12866 (Regulatory Planning and Review). 
Executive Order 13610 directs agencies to prioritize ``those 
initiatives that will produce significant quantifiable monetary savings 
or significant quantifiable reductions in paperwork burdens while 
protecting public health, welfare, safety, and our environment.'' 
Executive Order 13610 further instructs agencies to give 
``consideration to the cumulative effects of their regulations, 
including cumulative burdens, and prioritize reforms that will 
significantly reduce burdens.'' In response to Executive Orders 12866, 
13610, and 13563, PHMSA has undertaken a retrospective review of the 
HMR. This final rule, and the NPRM that preceded it, are part of 
PHMSA's regulatory review initiative. This initiative was in response 
to petitions for rulemaking by the regulated community. Its intent is 
to update, clarify, or provide relief from miscellaneous regulatory 
requirements. The NPRM provided an opportunity for further public 
participation in the development of the regulatory amendments, and 
promoted exchange of information and perspectives among the various 
stakeholders.
    Six entities commented on the NPRM. PHMSA fully considered all 
comments. The comments are comprehensive and raised important issues 
that need to be addressed. A detailed description of the original 
proposals in the May 24, 2012 NPRM, a summary of the comments received, 
a response to those comments, and PHMSA's decision are detailed below.

B. Comments Beyond the Scope of This Rulemaking

    In this section, PHMSA discusses the comments to the NPRM that 
provided suggestions for additional revisions that were not 
specifically addressed in the NPRM. Based on an assessment of the 
proposed changes and the comments received, PHMSA identifies one 
comment as beyond the scope of this rulemaking action. The comments 
submitted by IVODGA asked that we consider a revision to the proposed 
language in Sec.  176.30(a) to insert: ``The carrier may use the DCM 
format found in the International Conference on Facilitation of 
Maritime Travel and Transport (FAL Convention), Form 7, as amended, for 
these purposes.''
    Referring to the FAL Convention Form 7 as an acceptable DCM format 
was not proposed in the NPRM and, therefore, the regulated community 
was not given the opportunity to comment on this amendment. For this 
reason, PHMSA is unable to address this suggested revision in this 
rule. However, it should be noted that the HMR would not prohibit the 
use of the FAL Convention Form 7 provided that it contains all of the 
required information on the DCM. If we do choose to pursue adoption of 
this beyond the scope comment, we will do so in a separate rulemaking. 
Alternatively, if IVODGA believes this amendment warrants rulemaking 
action, we encourage them to file a petition for rulemaking in 
accordance with Sec.  106.95 including all information (see Sec.  
106.100) needed to support a petition.

C. Provisions Not Adopted in This Final Rule and Discussion of Comments

    In this section, PHMSA discusses the changes proposed in the NPRM 
and the comments received in response to the NPRM. Based on an 
assessment of the proposed changes and the comments received, PHMSA 
identified one provision that we are not adopting in this final rule. 
Specifically, PHMSA received a comment from Plastic Drum Institute, 
Inc. (PDI) and the Rigid Intermediate Bulk Container Association, Inc. 
(RIBCA) withdrawing their petitions for rulemaking. Below is a summary 
of the amendment proposed, the comment received, and PHMSA's rationale 
for not adopting such an amendment.
    In two petitions (P-1554 and P-1564) addressed in the NPRM, RIBCA 
and PDI asked that we incorporate by reference ``ASTM D4976-06, 
Standard Specification for Polyethylene Plastics Molding and Extrusion 
Materials,'' which provides standard requirements for polyethylene 
plastic molding and extrusion materials. The petitioners also asked 
that we revise the HMR to state that plastic drums or Intermediate Bulk 
Containers (IBCs) made from polyethylene meeting ASTM D4976-06 would 
not constitute a different packaging provided the polyethylene used is 
within a tolerance defined in the standard. PDI and RIBCA indicated in 
the petitions that their members have been cited for ``probable 
violations'' for a number of reasons pertaining to

[[Page 14705]]

changes in material construction in their plastic drums and IBCs.
    In the NPRM we proposed to incorporate by reference in Sec.  171.7 
ASTM D4976-06, Standard Specification for Polyethylene Plastics Molding 
and Extrusion Materials, and revise Sec. Sec.  178.509(b)(1) and 
178.707(c)(3) to include reference to ASTM D4976-06. Packaging testing 
data was not provided and, consequently, we were unable to determine if 
packagings manufactured of resins within the tolerance range specified 
in the standard passed the performance criteria. For this reason, we 
did not propose to revise the HMR to state that plastic drums or IBCs 
made from polyethylene meeting ASTM D4976-06 tolerances would not 
constitute a different packaging.
    RIBCA and PDI filed a notice of withdrawal of the petitions. 
Therein, they suggested that by proposing the incorporation of ASTM 
D4976-06 without stating that plastic drums or IBCs made from 
polyethylene meeting ASTM D4976-06 do not constitute a ``different 
packaging'' as defined in Sec.  178.601(c), PHMSA was in effect 
imposing a greater burden on industry. They indicate that their 
petitions were essentially intended ``to advise enforcement staff that 
a certain range of specifications should be recognized as `equivalent' 
for purposes of deciding whether new design qualification tests were 
required under the HMRs.'' They further state that they did not intend 
for ASTM D4976-06 to be considered an exhaustive list of what is 
acceptable in manufacturing their products. Furthermore, they contend 
that ``a change in resin specifications, whether within or outside the 
referenced ASTM standard, cannot by itself, absent a performance test 
failure, justify imposition of a fine.'' The Dangerous Goods Advisory 
Council (DGAC) also commented on this provision. DGAC supported the 
incorporation by reference of ASTM 04976-06, but expressed a preference 
that PHMSA state that variations of material density within ASTM D4976-
06 would not constitute a new design type.
    While we support the incorporation by reference of ASTM D4976-06 to 
provide acceptable ranges for materials used in the manufacture of 
plastic drums and IBCs, we are not incorporating this standard in this 
final rule. The intent of PHMSA in its proposal was not to impose a 
greater burden on industry, but rather to refer to an industry standard 
for guidance as to acceptable ranges in materials used to manufacture 
hazardous materials packagings. For this reason, we are not 
incorporating by reference ASTM D4976-06 into the HMR.

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

    In this section, PHMSA discusses the changes proposed in the NPRM 
and the comments received in response to the NPRM. Based on an 
assessment of the proposed changes and the comments received, PHMSA is 
adopting these provisions in this final rule. Also, to clearly identify 
the issues addressed in this rule, PHMSA provides the following list of 
adopted amendments discussed in this section:
     Revise Sec.  178.3 to clearly indicate that a manufacturer 
or third-party laboratory mark may not be used when continued 
certification of a packaging is conducted by someone other than the 
original manufacturer or third-party testing laboratory, unless 
specifically authorized by the original manufacturer or third-party 
testing laboratory;
     Revise Sec. Sec.  178.601(l), 178.801(l), and 178.955(i) 
to relax the record retention requirements for packaging test reports 
and provide a chart to clearly identify the recordkeeping requirements;
     Revise the Hazardous Materials Table (HMT; 49 CFR Sec.  
172.101) by removing the listing for ``NA1203, Gasohol, gasoline mixed 
with ethyl alcohol, with not more than 10% alcohol''; and removing 
reference to gasohol in Sec. Sec.  172.336(c)(4) and 172.336(c)(5);
     Revise Sec.  172.101 to refer to Sec.  173.151 to 
harmonize internationally and provide a limited quantity exception for 
Division 4.1, Self-reactive solids and Self-reactive liquids, Types B 
through F;
     Allow smokeless powder classed as a Division 1.4C material 
to be reclassed as a Division 4.1 material to relax the regulatory 
requirements for these materials without compromising safety;
     Allow the DCM to be in locations designated by the master 
of the vessel besides ``on or near the vessel's bridge'' while the 
vessel is in a United States port to ensure that the DCM is readily 
available to communicate to emergency responders and enforcement 
personnel the presence and nature of the hazardous materials on board a 
vessel.
Certification Packaging Marking and Recordkeeping Requirements (P-1479)
    In a petition for rulemaking (P-1479), gh Package & Product, 
Testing and Consulting, Inc. requested that PHMSA consider amending the 
HMR to indicate that an entity performing continued packaging 
certification on a UN certification packaging is not allowed to use the 
original manufacturer's or third party laboratory's mark unless 
authorized by the manufacturer or third-party laboratory. The 
petitioner also requested PHMSA to amend the HMR to provide that 
packaging test reports are kept for a limited time instead of the 
current requirement of ``until the packaging is no longer 
manufactured.''
Marking
    Regarding the manufacturer's or third party tester's mark, the 
petitioner stated that his laboratory tested a packaging at least three 
times, and the packaging failed each time. Eleven years after the 
petitioner had tested the packaging, he learned that the package that 
had failed in his laboratory was still being manufactured and that the 
petitioner's symbol was being used on the packaging as the packaging 
tester's mark. For these reasons, the petitioner was concerned that the 
regulations expose the manufacturer and the original third-party test 
laboratory to potential liability for defective packaging and other 
packaging violations.
    The current regulations provide the person who is certifying 
compliance of a packaging the option of marking the packaging with a 
symbol rather than the company name and address provided that the 
symbol is registered with PHMSA's Associate Administrator for Hazardous 
Materials Safety. While it is implied that the symbol being used is 
that of the person who has registered the symbol, it is not explicit. 
The petitioner has indicated that since the regulations do not specify 
who is authorized to use the mark, some third-party retesters that did 
not initially certify the packaging are continuing to use the original 
third-party laboratory's symbol to certify compliance. While the symbol 
is associated with the original manufacturer or third-party laboratory, 
that entity has no control over the packaging being retested by someone 
else.
    In the NPRM, we proposed to revise Sec.  178.3 to clarify that the 
required marking must identify the person who is certifying that the 
packaging meets the applicable UN Standard. We further proposed that, 
for continued certification of the packaging through periodic 
retesting, the mark must identify the person who certifies the 
packaging.
    DGAC disagrees with the proposed changes stating that they would 
have the effect of replacing, in the UN performance packaging marking, 
the mark of the person who performed the design qualification tests 
with the mark of the person who performed the most recent periodic 
retest. DGAC states that ``periodic retesting does not necessarily

[[Page 14706]]

confirm compliance with all requirements applicable to a UN design type 
(e.g., requirements in Sec. Sec.  178.504-523).'' Further, they state 
that:

    [A] consequence of the proposed changes is that the UN package 
marking for a given design type would have to be changed at least 
every year in the case of single or composite packagings and every 
two years in the case of combination packagings. It does not appear 
that PHMSA has considered the costs of changing these package 
markings at this frequency in its regulatory evaluation. At a 
minimum, such marking changes could result in considerable 
administrative costs. In addition, we question whether these changes 
would provide a meaningful enhancement to safety.

    PHMSA's intent has been that the certification mark that is used on 
the packaging is that of the person manufacturing that packaging or 
testing the packaging on behalf of the manufacturer. If a packaging 
that passed an original design qualification test by one manufacturer 
is then made and retested by another manufacturer, the symbol or name 
of the manufacturer doing the retesting should be on the packaging. 
While the periodic retesting requirements are less stringent in some 
regards than the design qualification tests, e.g., with respect to the 
vibration test as detailed in Sec.  178.608, when a manufacturer or 
third party places the UN marking on a packaging following either a 
design qualification test or a retest, that entity is certifying that 
the packaging meets the UN requirements for that packaging. PHMSA's 
intent with respect to whose mark may be used at what time is 
documented in penalty action reports published on PHMSA's Web site that 
indicate that it is a violation to mark a packaging with the symbol of 
a manufacturer or packaging certifier other than the company that 
actually manufactured or certified the packaging.\1\ Since this is a 
clarification of the HMR, the administrative costs will not change if 
the packaging testers are already complying with the HMR.
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    \1\ See http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Press%20Releases/2011%20Hazmat%20Penalty%20Action%20Report.pdf,
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    For these reasons, PHMSA is adopting the changes proposed regarding 
the packaging certifier's mark in this final rule and is revising Sec.  
178.3 to clearly indicate that the required marking must identify the 
person who is certifying that the packaging meets the applicable UN 
Standard. Further, for continued certification of the packaging through 
periodic retesting, the marking must identify the person who certifies 
that the packaging continues to meet the applicable UN standard.
Test Reports
    Regarding the packaging test reports, the petitioner explained that 
the record retention requirements indicate that the test report must be 
maintained at each location where the packaging is manufactured and 
each location where the design qualification tests are conducted for as 
long as the packaging is produced and for at least two years 
thereafter. According to petitioner, often the original manufacturer or 
third-party laboratory is not aware that a packaging is still being 
made. The petitioner sought relief from the paperwork burden.
    In the NPRM we proposed to revise Sec.  178.601(l), which specifies 
recordkeeping requirements for testing non-bulk packaging; Sec.  
178.801(l), which specifies recordkeeping requirements for testing 
IBCs; and Sec.  178.955(i), which specifies recordkeeping requirements 
for testing large packagings to indicate that records are maintained 
until the next periodic retest.
    DGAC opposes this change, stating that:

    PHMSA may alter the required frequency based on an approval and, 
in the case of IBCs and Large packagings, PHMSA may substitute a 
quality control program for required periodic retesting (see Sec.  
178.801(e)(2)). As such, the periodic retest date is not a date 
certain, raising the question of how the person who conducted the 
design qualification tests can know the actual time period for 
retaining records. If PHMSA maintains the proposed record retention 
requirements in some form, we recommend the retention period be tied 
to the date of the design qualification testing rather than the date 
of periodic retesting.

    When the required packaging retest frequency is based on an 
approval and, in the case of IBCs and Large packagings, a quality 
control program is substituted for required periodic retesting, records 
would have to be maintained predicated on the specifications of each 
approval. We do agree with DGAC that retest dates may vary depending on 
a variety of factors and, in this final rule, we are adding the word 
``required'' in conjunction with ``periodic retest'' to clarify that 
records of the retest must be kept only five years after the HMR-
required test is performed successfully. Specifically, we are revising 
the language proposed in the NPRM in Sec.  178.601(l), which specifies 
recordkeeping requirements for testing non-bulk packaging; Sec.  
178.801(l), which specifies recordkeeping requirements for testing 
IBCs; and Sec.  178.955(i), which specifies recordkeeping requirements 
for testing large packagings, to indicate that records are maintained 
until the next required periodic retest is successfully performed and a 
new test report produced. In all other respects we are amending the HMR 
as proposed in the NPRM. In doing so, we are limiting the document 
retention period for persons conducting initial design testing to five 
years beyond the next successful required periodic retest. In addition, 
we provide a chart to clearly identify the retention requirements for 
test reports.
Clarification of Alcohol and Gasoline Mixtures (P-1522)
    In its petition (P-1522), Shell Chemicals asked PHMSA to remove 
from the HMT the listing for ``Gasohol, with not more than 10% 
ethanol.'' Shell stated that the proper shipping names for ``Gasoline, 
includes gasoline mixed with ethyl alcohol (ethanol), with not more 
than 10% alcohol'' and ``Ethanol and gasoline mixture or Ethanol and 
motor spirit mixture or Ethanol and petrol mixture with more than 10% 
ethanol,'' provide the necessary entries for accurate and specific 
descriptions of these fuel blends. Consistent with the removal of 
gasohol from the HMT, Shell Chemicals asked that we remove reference to 
gasohol in Sec. Sec.  172.336(c)(4) and 172.336(c)(5), which contain 
hazard communication requirements for compartmented cargo tanks, tank 
cars, or cargo tanks containing these fuels. These provisions were 
amended as the result of a final rule issued on January 28, 2008 under 
Docket HM-218D (73 FR 4699) intended to help emergency responders 
identify and respond to the hazards unique to fuel blends with high 
ethanol concentrations.
    In the January 28, 2008 final rule, we revised the entry for 
``Gasohol, gasoline mixed with ethyl alcohol, with not more than 20% 
alcohol'' to limit the applicability of the entry to gasoline mixtures 
with not more than 10% alcohol. In addition, we amended the listing for 
Gasoline, to read ``Gasoline, includes gasoline mixed with ethyl 
alcohol, with not more than 10% alcohol.'' At the time, Shell suggested 
that we remove the entry ``NA1203, Gasohol'' and revise the entry for 
``Gasoline'' to add a special provision that specifically communicates 
to shippers that the entry ``Gasoline'' may be used for gasoline and 
ethanol blends with not more than 10% ethanol for use in spark ignition 
engines. While we agreed then that Shell's suggestion had merit, we did 
not remove the entry ``Gasohol'' in HM-218D. We did however revise the 
entry ``Gasoline'' to allow for that description to be used for 
gasoline and ethanol blends with not more than 10% ethanol.
    We agree that the proper shipping names for ``Gasoline, includes 
gasoline

[[Page 14707]]

mixed with ethyl alcohol, with not more than 10% alcohol,'' and 
``Ethanol and gasoline mixture or Ethanol and motor spirit mixture or 
Ethanol and petrol mixture with more than 10% ethanol,'' provide the 
necessary entries for accurate and specific description of these fuel 
blends. We also agree that the proper shipping name for ``Alcohol, 
n.o.s.'' is not as specific as the listings for Gasoline, including 
``gasoline mixed with ethyl alcohol, with not more than 10% alcohol,'' 
and ``Ethanol and gasoline mixture or Ethanol and motor spirit mixture 
or Ethanol and petrol mixture with more than 10% ethanol.''
    Shell Chemicals also petitioned for the removal of Special 
Provision 172 from Column 7 in association with all packing groups for 
the Proper Shipping Name ``UN1987, Alcohols, n.o.s.'' Special Provision 
172 stated that ``this entry includes alcohol mixtures containing up to 
5% petroleum products.'' Shell contended that:

    Canada does not permit the use of `UN1987, Alcohols, n.o.s.' for 
alcohol mixtures containing up to 5% petroleum products. A shipment 
originating in the United States, destined for a customer in Canada 
using the proper shipping name of ``UN1987, Alcohols, n.o.s.'' must 
change the placard and the proper shipping name and to use the entry 
`UN3475, Ethanol and Gasoline mixture,' when the packaging is 
returned to the United States. The use of both PSN entries causes a 
lot of confusion.

For these reasons, Shell stated that these blends should not be 
permitted to be transported under the ``UN 1987, Alcohols, n.o.s.''; 
rather, ``NA 1987, Denatured alcohol,'' and ``UN 3475, Ethanol and 
gasoline mixture or Ethanol and motor spirit mixture or Ethanol and 
petrol mixture,'' are more appropriate descriptions.
    In the NPRM we retained Special Provision 172 in association with 
``Alcohols, n.o.s.'' We indicated that, while we agree that ``Denatured 
alcohol'' is a more accurate description, this proper shipping name 
applies to domestic shipments only and may not be available to imported 
shipments of alcohol mixtures containing up to 5% petroleum products.
    DGAC, in their comments, agrees with Shell and states that:

    [I]n North America, international shipments of gasoline/ethanol 
mixtures are predominately between the US and Canada by either 
highway or rail. Canada does not permit the use of UN1987 in the 
manner permitted by Special Provision 172. Shipments where UN1987 is 
used for ethanol/gasoline mixtures face frustrations when moving 
into Canada, requiring placards to be changed to comply with 
Canadian regulations.'' DGAC states that the full range of gasoline 
and ethanol concentrations is covered by UN1203 and UN3475, making 
Special Provision 172 unnecessary.

    An alert issued by Transport Canada contradicts these 
statements.\2\ That alert was issued to respond to incidents involving 
alcohol and petroleum mixtures and states:
---------------------------------------------------------------------------

    \2\ http://www.tc.gc.ca/eng/tdg/newsletter-spring2006-323.htm 
(Date modified: 3/6/2012) (Date accessed: 9/12/2012).

    [W]hen dealing with mixtures that contain a high percentage of 
alcohol (example ethanol) and a low percentage (maximum 5%) of 
petroleum products (example gasoline), the following shipping name 
is to be used: Alcohols, n.o.s., Class 3, UN1987, (mixture of 
---------------------------------------------------------------------------
alcohol with a petroleum product content up to 5%).

    This is to ensure that these mixtures are readily identifiable and 
refer emergency responders to emergency response guidance specifying 
use of alcohol-resistant foam.
    While PHMSA agrees that the full range of gasoline and ethanol 
concentrations can be covered by UN1203 and UN3475, when the 
regulations were changed to incorporate UN3475 and the number of 
shipments and types of gasoline/ethanol blends increased, it was made 
readily apparent by multiple stakeholders, including industry, 
emergency responders, and local, state and Federal government entities, 
that there was a need for that special provision. Also, removing 
Special Provision 172 from the UN1987 entry as suggested by Shell and 
DGAC leaves no HMT entry for a blend of ethanol and gasoline that is 
not directly intended for use in an internal combustion engine and does 
not meet PG II criteria. As such, in this final rule we are amending 
the HMT by removing the listing for ``Gasohol, gasoline mixed with 
ethyl alcohol, with not more than 10% alcohol.'' We are also revising 
Sec.  172.336 to remove all references to ``gasohol'' and to add a 
table to more clearly indicate hazard communication requirements for 
compartmented cargo tanks, tank cars, or cargo tanks containing these 
fuels. While the preamble of the NPRM indicated that we were intending 
to retain Special Provision 172, the regulatory text showed that it was 
removed. This was a typographical error on our part. In this final rule 
we are retaining reference to Special Provision 172 in the listings for 
``Alcohols, n.o.s.''
Self-Reactive Solid Type F (P-1542)
    In a petition (P-1542), the Association of Hazmat Shippers (AHS) 
requested that PHMSA amend the HMT to reference Sec.  173.151, 
exceptions for Class 4, in column 8A to provide the limited quantity 
exception for Self-reactive solid, Type F materials, consistent with 
international regulations.
    According to the petitioner, imports of this material may be 
handled as limited quantities, but domestic shipments must be treated 
as fully regulated hazardous materials. They indicated that this 
situation has led to confusion and frustration, particularly upon 
reshipment of the same products either in the United States or 
internationally.
    In the interest of international harmonization and clarification, 
in the NPRM we proposed to expand on the AHS petition to authorize all 
eligible self-reactive liquid and solid material as limited quantities 
in accordance with the type and quantity of substances authorized in 
the UN Model Regulations. AHS offered ``strong support for adoption 
into the rules of general applicability of the changes proposed for 
Sec.  173.151.''
    In this final rule we authorize types B through F non-temperature 
controlled liquid and solid self-reactive materials as limited 
quantities by amending the listings in the HMT for Self-reactive solids 
and Self-reactive liquids, Types B through F, to add references in 
column 8(a) in the HMT to Sec.  173.151.
DOT-SP 9735, Dangerous Cargo Manifest (DCM) Location (P-1556)
    The International Vessel Operators Dangerous Goods Association 
(IVODGA) (formerly known as the International Vessel Operators 
Hazardous Materials Association, Inc.) submitted a petition (P-1556) 
requesting that PHMSA revise the requirements for where the DCM is kept 
onboard when the vessel is docked a United States port. Section 
176.30(a) requires the DCM be ``kept in a designated holder on or near 
the vessel's bridge.'' According to IVODGA, when a vessel is underway, 
the bridge is occupied at all times and the DCM is readily accessible; 
however, when a vessel is docked in port during loading and unloading 
operations, the bridge is often left unattended and locked for security 
purposes. Thus, the requirement to keep the DCM on or near the vessel's 
bridge at all times is contrary to the purpose of the DCM, which should 
be readily available to communicate to the crew and emergency 
responders the presence and nature of the hazardous materials on board 
a vessel.
    Given the impracticality of maintaining the DCM on or near the 
vessel's bridge while the vessel is docked in port, IVODGA requested 
that PHMSA allow the DCM to be kept in a place other than the bridge of 
the vessel.

[[Page 14708]]

Hapag-Lloyd AG currently holds a special permit (DOT-SP 9735) that 
authorizes the DCM ``to be retained in a location other than on or near 
the bridge'' that subject vessels are in port. The special permit 
requires the DCM to be maintained either in the vessel's cargo office 
or another location designated by the master of the vessel. The special 
permit further requires the DCM to be readily accessible to emergency 
responders, and for a sign to be placed in the designated holder on or 
near the vessel's bridge indicating the location of the DCM while the 
vessel is in port. During loading and discharging operations, the 
vessel's cargo office is attended and a working copy of the DCM is 
updated as hazardous materials are loaded and discharged. This working 
copy, therefore, would contain the most complete and correct 
information concerning hazardous materials aboard the vessel at any 
time during the loading/discharging process. The cargo office would 
also be readily accessible in an emergency, so the DCM would be 
immediately available to first responders.
    We received only positive comments on this proposal. Hapag-Lloyd 
commented in support of the proposed change. They wrote:

    Hapag-Lloyd is the world's fifth largest liner shipping company, 
handling 5.5 million containers each year, operating a fleet of more 
than 135 containerships which have a capacity exceeding 600,000 TEU 
(20-ft. equivalent units), serving 130 countries throughout Europe, 
Asia, the Americas, and Africa. Since it was first issued in 1987, 
Hapag-Lloyd, as holder of DOT-SP 9735, has handled over one million 
dangerous goods shipments without incidents related to the terms of 
this exemption/special permit.

    IVODGA welcomes the proposed change and asks that PHMSA consider a 
further minor revision to the proposed language in Sec.  176.30 (a) to 
include the language: ``The carrier may use the DCM format found in the 
FAL Convention, Form 7, as amended, for these purposes.'' As indicated 
in the background section of this rule, such a revision would be beyond 
the scope of this rulemaking because the language was not proposed in 
the NPRM and was, therefore, not available for public comment. If 
IVODGA believes that such language should be incorporated in the HMR, 
we encourage them to file a petition for rulemaking in accordance with 
Sec.  106.95 including all information (see Sec.  106.100) needed to 
support a petition.
    We agree with the petitioner and the commenters that the DCM should 
be allowed to be in locations designated by the master of the vessel 
besides ``on or near the bridge'' while the vessel is docked in a 
United States port while cargo unloading, loading, or handling 
operations are underway and the bridge is unmanned. The location of the 
DCM chosen by the master of the vessel must be readily accessible to 
emergency personnel in an emergency and enforcement personnel for 
inspection purposes. Allowing alternate locations of the DCM while the 
vessel is docked provides greater flexibility to the master of the 
vessel without diminishing the DCM requirements. For this reason, in 
this final rule we are incorporating DOT-SP 9735 into Sec.  176.30 of 
the HMR as proposed in the May 24, 2012 NPRM.
Smokeless Powder, Division 1.4C (P-1559)
    The Sporting Arms and Ammunition Manufacturers Institute, Inc. 
(SAAMI), in a petition (P-1559), requested that PHMSA amend Sec.  
173.171 to allow Division 1.4C smokeless powder to be reclassed as a 
Division 4.1 material. Currently Sec.  173.171 allows smokeless powder 
for small arms that has been classed in Division 1.3C (Explosive) to be 
reclassed for domestic transportation as a Division 4.1 (Flammable 
Solid) material for transportation by motor vehicle, rail car, vessel, 
or cargo-only aircraft, subject to certain conditions.
    In a final rule published on January 14, 2009 under Dockets HM-215J 
and HM-224D (74 FR 2199), PHMSA added a new description to the HMT for 
Powder, smokeless, Division 1.4C; however, the rule did not extend the 
allowance provided for Division 1.3C to the Division 1.4C materials.
    The petition seeks, with proper examination and approval, to allow 
a Division 1.4C material which, by definition (see Sec.  173.50), poses 
the lesser safety risk when compared with Division 1.3 explosives, to 
be reclassed as a Division 4.1 material.
    We believe that this petition has merit, as Division 1.4 explosives 
pose less of a hazard in transportation than Division 1.3 explosives, 
which are already allowed to move as Division 4.1 materials. In the 
NPRM we deviated from the petition by proposing a different net mass 
allowance for the inner packaging for Division 1.4 materials than what 
is currently allowed for Division 1.3 materials. The petition asked 
that we amend Sec.  173.171(c) to include Division 1.4 materials in the 
exception allowed, which stipulates that materials must be in 
combination packagings with inner packaging not exceeding 3.6 kg (8 
pounds). Instead we proposed to add a paragraph (d) that stipulates 
that Division 1.4 materials must be in combination packagings with 
inner packagings not exceeding the net mass that have been examined and 
approved as required in Sec.  173.56.
    PHMSA received a comment from SAAMI stating that they:

    [H]ave studied this proposed change, and find that the sole 
effect is to allow a flammable solid which emanated from a Division 
1.4 classification to exceed the current eight pound limit per inner 
package. Unless a need for this change is substantiated, we see no 
reason why the flammable solid classification limit for inner 
packages should be amended. Furthermore this would be unenforceable 
in the field.

    Our intent with the modification to the SAAMI petition was to 
ensure that the allowable net mass did not exceed the net mass of the 
material that had been examined and approved. Instead of making the 
proposed modification, and adding a new paragraph (d), in this final 
rule, we are revising Special Provision 16 and Sec.  173.171 for 
clarification purposes. Specifically, we are revising the following:
     The wording of Special Provision 16 to read: ``This 
description applies to smokeless powder and other propellant powders 
that are used as powder for small arms that have been classed as 
Division 1.3C or 1.4C and reclassed to Division 4.1 in accordance with 
Sec.  173.56 and Sec.  173.58 of this subchapter.'' The current wording 
of Special Provision 16 uses the term ``solid'' and, consequently, 
narrows the application to only smokeless powder or propellant in 
powder form to be qualified for reclassification as a Division 4.1 
material. Also, by using the term ``propellant powders'' we are 
ensuring that powders that have hazard properties different from 
``propellants'' are not reclassified as a Division 4.1 material.
     The introductory paragraph of Sec.  173.171 to read: 
``Powders that have been classed in Division 1.3 or Division 1.4C may 
be reclassed in Division 4.1, for domestic transportation by motor 
vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions.''
     Section 173.171(a) to read: ``Powders that have been 
approved as Division 1.3C or Division 1.4C may be reclassed to Division 
4.1 in accordance with Sec. Sec.  173.56 and 173.58 of this part,'' as 
we see no need to retest powders already classed as 1.3C or 1.4C to be 
tested again.
     Current paragraph (c) to read: ``Only combination 
packagings with inner packagings not exceeding 3.6 kg (8 pounds) net 
mass and outer packaging of UN 4G fiberboard boxes meeting the Packing 
Group I standards are authorized. Inner packagings must be

[[Page 14709]]

arranged and protected so as to prevent simultaneous ignition of the 
contents. The complete package must be of the same type that has been 
examined as required in Sec.  173.56 of this part.''
     Current paragraph (d) of Sec.  173.171 to read: ``The net 
weight of smokeless powder in any one box (one package) must not exceed 
7.3 kg (16 pounds).''
    The changes in this final rule to Special Provision 16 and Sec.  
173.171 are non-substantive and clarify existing language.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under authority of Federal hazardous 
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et 
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary 
of Transportation to prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commerce. This final rule amends the recordkeeping and 
packaging marking requirements for third-party labs and manufacturers 
to assure the traceability of packaging; removes the listing for 
``Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% 
alcohol, NA1203''; provides a limited quantity exception for Division 
4.1, Self-reactive solids and Self-reactive liquids, Types B through F; 
allows smokeless powder classified as a Division 1.4C material to be 
reclassified as a Division 4.1 material to relax the regulatory 
requirements for these materials without compromising safety; and 
provides greater flexibility by allowing the Dangerous Cargo Manifest 
to be in locations designated by the master of the vessel besides ``on 
or near the vessel's bridge'' while the vessel is in a United States 
port.

B. Executive Order 12866, Executive Order 13563, Executive Order 13610, 
and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget (OMB). The final rule 
is not considered a significant rule under the Regulatory Policies and 
Procedures order issued by the U.S. Department of Transportation (44 FR 
11034).
    In this final rule, we amend miscellaneous provisions in the HMR to 
clarify the provisions and to relax overly burdensome requirements. 
PHMSA anticipates the changes contained in this rule will have economic 
benefits to the regulated community. This final rule is designed to 
increase the clarity of the HMR, thereby increasing voluntary 
compliance while reducing compliance costs.
    Executive Order 13610 (Identifying and Reducing Regulatory Burdens) 
reaffirming the goals of Executive Order 13563 (Improving Regulation 
and Regulatory Review) issued January 18, 2011, and Executive Order 
12866 (Regulatory Planning and Review) issued September 30, 1993. 
Executive Order 13610 directs agencies to prioritize ``those 
initiatives that will produce significant quantifiable monetary savings 
or significant quantifiable reductions in paperwork burdens while 
protecting public health, welfare, safety, and our environment.'' 
Executive Order 13610 further instructs agencies to give consideration 
to the cumulative effects of their regulations, including cumulative 
burdens, and prioritize reforms that will significantly reduce burdens.
    Executive Order 13563 is supplemental to and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866 Regulatory Planning and 
Review of September 30, 1993. In addition, Executive Order 13563 
specifically requires agencies to: (1) Involve the public in the 
regulatory process; (2) promote simplification and harmonization 
through interagency coordination; (3) identify and consider regulatory 
approaches that reduce burden and maintain flexibility; (4) ensure the 
objectivity of any scientific or technological information used to 
support regulatory action; consider how to best promote retrospective 
analysis to modify, streamline, expand, or repeal existing rules that 
are outmoded, ineffective, insufficient, or excessively burdensome.
    In this final rule, PHMSA has involved the public in the regulatory 
process in a variety of ways. Specifically, in this rulemaking PHMSA is 
incorporating regulatory changes in response to five petitions that 
have been submitted by the public in accordance with the Administrative 
Procedure Act and PHMSA's rulemaking procedure regulations, in 49 CFR 
106.95. Furthermore, the public was given the opportunity to comment on 
the proposed changes during the open comment period. Key issues covered 
by the petitions include requests from the public to revise the 
packaging requirements, clarify the HMR pertaining to alcohol and 
gasoline mixtures, and allow additional exceptions for the 
classification of smokeless powder used for small arms ammunition.

C. Executive Order 13132

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

[[Page 14710]]

issuance. PHMSA proposes the effective date of federal preemption be 90 
days from publication of this final rule in the Federal Register.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule amends miscellaneous provisions in the HMR to clarify 
provisions based on petitions for rulemaking. While maintaining safety, 
it relaxes certain requirements that are overly burdensome and provides 
clarity where requested by the regulated community. The changes are 
generally intended to provide relief to shippers, carriers, and 
packaging manufacturers, including small entities.
    Consideration of alternative proposals for small businesses. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where it is 
possible to do so and still meet the objectives of applicable 
regulatory statutes. In the case of hazardous materials transportation, 
it is not possible to establish exceptions or differing standards and 
still accomplish our safety objectives.
    The changes shown herein are generally intended to provide relief 
to shippers, carriers, and packaging manufactures and testers, 
including small entities. The benefits are modest and, therefore, this 
final rule will not have a significant economic impact on a substantial 
number of small entities, though it will provide economic relief to 
some small businesses. For example, limiting the document retention 
period for persons conducting initial design testing of packagings to 
five years beyond the next required periodic retest, should reduce the 
paperwork burden for some small businesses.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA has an approved information collections under OMB Control 
Numbers 2137-0018 ``Inspection and Testing of Portable Tanks and 
Intermediate Bulk Containers'', 2137-0051 ``Rulemaking, Special 
Permits, and Preemption Requirements'', and 2137-0572 ``Testing 
Requirements for Non-Bulk Packaging.'' This final rule may result in a 
decrease in the annual burden and costs under this information 
collection due to proposed changes to incorporate provisions contained 
in certain widely used or longstanding special permits that have an 
established safety record and a minimal decrease in this information 
collection burden because of a reduction in the record retention period 
for non-bulk packages, IBCs and large packagings. Under the Paperwork 
Reduction Act of 1995, no person is required to respond to an 
information collection unless it has been approved by OMB and displays 
a valid OMB control number. Section 1320.8(d), title 5, Code of Federal 
Regulations requires that PHMSA provide interested members of the 
public and affected agencies an opportunity to comment on information 
and recordkeeping requests.
    This final rule identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this final rule. PHMSA has developed burden estimates to reflect 
changes in this final rule. PHMSA estimates that the information 
collection and recordkeeping burden of this final rule is as follows:
     OMB Control Nos. 2137-0018 (Inspection and Testing of 
Portable Tanks and Intermediate Bulk Containers) and 2137-0572 (Testing 
Requirements for Non-Bulk Packaging.) We anticipate a minimal decrease 
in this information collection burden because this rule establishes a 
finite record retention period. Specifically, Sec.  178.601(l), which 
specifies recordkeeping requirements for testing non-bulk packaging; 
Sec.  178.801(l), which specifies recordkeeping requirements for 
testing IBCs; and Sec.  178.955(i), which specifies recordkeeping 
requirements for testing large packagings are revised to limit the 
document retention period for persons conducting initial design testing 
from an indefinite period to five years beyond the next required 
periodic retest.
     Office of Management and Budget (OMB) Control Number 2137-
0051; Rulemaking and Special Permit Petitions: We anticipate a minimal 
decrease in this information collection burden due to the elimination 
of the application process for DOT-SP 9735. Specifically, the holder of 
DOT-SP 9735 is no longer required to re-apply for a Special Permit to 
place the DCM in locations designated by the master of the vessel 
besides ``on or near the bridge'' while the vessel is docked in a 
United States port while cargo unloading, loading, or handling 
operations are underway and the bridge is unmanned.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires federal agencies to analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
require federal agencies to conduct an environmental review 
considering: (1) The need for the proposed action; (2) alternatives to 
the proposed action; (3) probable environmental impacts of the proposed 
action and alternatives; and (4) the agencies and persons consulted 
during the consideration process.
Description of Action
    Docket No. PHMSA-2011-0142 (HM-219), Final Rule

[[Page 14711]]

    Transportation of hazardous materials in commerce is subject to 
requirements in the HMR, issued under authority of Federal hazardous 
materials transportation law, codified at 49 U.S.C. 5001 et seq. To 
facilitate the safe and efficient transportation of hazardous materials 
in international commerce, the HMR provide that both domestic and 
international shipments of hazardous materials may be offered for 
transportation and transported under provisions of the international 
regulations.
Adopted Amendments to the HMR
    In this final rule, PHMSA is adopting amendments to:
     Revise Sec.  178.3 to indicate that a manufacturer or 
third-party laboratory mark may not be used when continued 
certification of a packaging is conducted by someone other than the 
original manufacturer or third-party testing laboratory, unless 
specifically authorized by the original manufacturer or third-party 
testing laboratory. This change will ensure that the mark used is tied 
to the entity that was issued the mark.
     Revise Sec. Sec.  178.601(l), 178.801(l), and 178.955(i) 
to require that the test report must be maintained at each location 
where the packaging is manufactured and each location where the design 
qualification tests are conducted for the duration of the certification 
plus five years beyond the last certification, instead of the current 
requirement that it be maintained until the packaging is no longer 
made.
     Revise the HMT by removing the listing for ``Gasohol, 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol, 
NA1203,'' and remove reference to gasohol in Sec. Sec.  172.336(c)(4) 
and 172.336(c)(5). This change clarifies the HMR and harmonizes the HMR 
with international recommendations.
     Revise Sec.  172.101 to refer to Sec.  173.151 to provide 
the limited quantity exception for Division 4.1, Self-reactive solids 
and Self-reactive liquids, Types B through F, consistent with 
international regulations.
     Allow smokeless powder classified as a Division 1.4C 
material to be reclassified as a Division 4.1 material to relax the 
regulatory requirements for these materials without compromising 
safety.
     Allow the DCM to be in locations designated by the master 
of the vessel besides ``on or near the vessel's bridge'' while the 
vessel is docked in a United States port to ensure that the DCM is 
readily available to communicate the presence and nature of the 
hazardous materials on board a vessel. This revision would provide 
greater flexibility by allowing the document to be maintained in either 
the vessel's cargo office or another location designated by the master 
of the vessel.
Alternatives Considered
    Alternative (1): Do nothing.
    Our goal is to update, clarify and provide relief from certain 
existing regulatory requirements to promote safer transportation 
practices, eliminate unnecessary regulatory requirements, finalize 
outstanding petitions for rulemaking, and facilitate international 
commerce. We rejected the do-nothing alternative.
    Alternative (2): Go forward with the proposed amendments to the HMR 
in the NPRM.
    This is the selected alternative.
Environmental Consequences
    Hazardous materials are substances that may pose a threat to public 
safety or the environment during transportation because of their 
physical, chemical, or nuclear properties. The hazardous material 
regulatory system is a risk management system that is prevention 
oriented and focused on identifying a safety hazard and reducing the 
probability and quantity of a hazardous material release. Hazardous 
materials are categorized by hazard analysis and experience into hazard 
classes and packing groups. The regulations require each shipper to 
classify a material in accordance with these hazard classes and packing 
groups; the process of classifying a hazardous material is itself a 
form of hazard analysis. Further, the regulations require the shipper 
to communicate the material's hazards through use of the hazard class, 
packing group, and proper shipping name on the shipping paper and the 
use of labels on packages and placards on transport vehicles. Thus, the 
shipping paper, labels, and placards communicate the most significant 
findings of the shipper's hazard analysis. A hazardous material is 
assigned to one of three packing groups based upon its degree of 
hazard, from a high hazard, Packing Group I to a low hazard, Packing 
Group III. The quality, damage resistance, and performance standards of 
the packaging in each packing group are appropriate for the hazards of 
the material transported.
    Under the HMR, hazardous materials are transported by aircraft, 
vessel, rail, and highway. The potential for environmental damage or 
contamination exists when packages of hazardous materials are involved 
in accidents or en route incidents resulting from cargo shifts, valve 
failures, packaging failures, loading, unloading, collisions, handling 
problems, or deliberate sabotage. The release of hazardous materials 
can cause the loss of ecological resources (e.g. wildlife habitats) and 
the contamination of air, aquatic environments, and soil. Contamination 
of soil can lead to the contamination of ground water. For the most 
part, the adverse environmental impacts associated with releases of 
most hazardous materials are short term impacts that can be reduced or 
eliminated through prompt clean up and decontamination of the accident 
scene.
    When developing potential regulatory requirements, PHMSA evaluates 
those requirements to consider the environmental impact of each 
amendment. Specifically, PHMSA evaluates the: (1) Risk of release and 
resulting environmental impact; (2) risk to human safety, including any 
risk to first responders; (3) longevity of the packaging; and (4) if 
the proposed regulation would be carried out in a defined geographic 
area, the resources, especially any sensitive areas, and how they could 
be impacted by any proposed regulations. The adopted packaging changes 
would establish greater accountability for certifying packagings, 
reduce paperwork for the affected packaging testing agencies, and 
potentially reduce packaging failures that result in hazardous 
materials incidents. The amendments that harmonize the HMR with 
international standards and recommendations are intended to enhance the 
safety of international hazardous materials transportation through an 
increased level of industry compliance, the smooth flow of hazardous 
materials from their points of origin to their points of destination, 
and effective emergency response in the event of a hazardous materials 
incident. The revision regarding where the DCM is keep when a vessel is 
in a U.S. port should help to expedite a response to an emergency and 
reduce the environmental impact to a hazardous materials spill.
Conclusion
    PHMSA is making miscellaneous amendments to the HMR in response to 
petitions for rulemaking. The amendments adopted in this final rule are 
intended to update, clarify, or provide relief from certain existing 
regulatory requirements to promote safer transportation practices; 
eliminate unnecessary regulatory requirements; finalize outstanding 
petitions for rulemaking; facilitate international commerce; and, in 
general, make the

[[Page 14712]]

requirements easier to understand and follow.
    While the net environmental impact of this rule will be positive, 
we believe there will be no significant environmental impacts 
associated with this final rule.

J. Privacy Act.

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, provided that the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the American public, and we have 
assessed the effects of the final rule to ensure that it does not cause 
unnecessary obstacles to foreign trade. In this final rule, PHMSA is 
revising the HMR to align with international standards by: removing 
reference to ``gasohol''; providing a limited quantity exception for 
Division 4.1, Self-reactive solids and Self-reactive liquids, Types B 
through F; and allowing smokeless powder classified as a Division 1.4C 
material to be reclassified as a Division 4.1 material. These 
amendments are intended to enhance the safety of international 
hazardous materials transportation through an increased level of 
industry compliance, ensure the smooth flow of hazardous materials from 
their points of origin to their points of destination, and facilitate 
effective emergency response in the event of a hazardous materials 
incident. Accordingly, this rulemaking is consistent with E.O. 13609 
and PHMSA's obligations under the Trade Agreement Act, as amended.

List of Subjects

49 CFR Part 172

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

49 CFR Part 173

    Hazardous materials transportation, Training, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Reporting 
and recordkeeping requirements.

49 CFR Part 178

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

    In consideration of the foregoing, we are amending 49 CFR Chapter I 
as follows:

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

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

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


0
2. In Sec.  172.101, The Hazardous Materials Table is amended by 
removing and revising entries, in the appropriate alphabetical sequence 
as follows.


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 14713]]



                                                                               172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              (8) Packaging (Sec.           (9) Quantity          (10) Vessel
                                                                                                               Special              173.***)                 limitations            stowage
                                     Hazardous materials     Hazard       Identification              Label   provisions -----------------------------------------------------------------------
              Symbols                  descriptions and     class or         numbers           PG     codes     (Sec.                                   Passenger     Cargo
                                    proper shipping names   division                                           172.102)    Exceptions   Non-    Bulk    aircraft/    aircraft   Location   Other
                                                                                                                                        bulk               rail        only
(1)                                 (2)..................        (3)  (4)..................     (5)     (6)          (7)         (8A)    (8B)    (8C)         (9A)       (9B)      (10A)   (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
                                    .....................   [REVISE]
 
                                                                                          * * * * * * *
                                    Powder, smokeless....       1.4C  UN0509...............      II    1.4C                       (1)      62    None          (2)        (2)         06
 
                                                                                          * * * * * * *
G.................................  Self-reactive liquid         4.1  UN3221...............      II     4.1           53          151     224    None          (2)        (2)          D  52, 53
                                     type B.
 
                                                                                          * * * * * * *
G.................................  Self-reactive liquid         4.1  UN3223...............      II     4.1                       151     224    None          5 L       10 L          D  52, 53
                                     type C.
 
                                                                                          * * * * * * *
G.................................  Self-reactive liquid         4.1  UN3225...............      II     4.1                       151     224    None          5 L       10 L          D  52, 53
                                     type D.
 
                                                                                          * * * * * * *
G.................................  Self-reactive liquid         4.1  UN3227...............      II     4.1                       151     224    None         10 L       25 L          D  52, 53
                                     type E.
 
                                                                                          * * * * * * *
G.................................  Self-reactive liquid         4.1  UN3229...............      II     4.1                       151     224    None         10 L       25 L          D  52, 53
                                     type F.
 
                                                                                          * * * * * * *
G.................................  Self-reactive solid          4.1  UN3222...............      II     4.1           53          151     224    None        (\1\)      (\2\)          D  52, 53
                                     type B.
 
                                                                                          * * * * * * *
G.................................  Self-reactive solid          4.1  UN3224...............      II     4.1                       151     224    None         5 kg      10 kg          D  52, 53
                                     type C.
 
                                                                                          * * * * * * *
G.................................  Self-reactive solid          4.1  UN3226...............      II     4.1                       151     224    None         5 kg      10 kg          D  52, 53
                                     type D.
 
                                                                                          * * * * * * *
G.................................  Self-reactive solid          4.1  UN3226...............      II     4.1                       151     224    None         5 kg      10 kg          D  52, 53
                                     type E.
 
                                                                                          * * * * * * *
G.................................  Self-reactive solid          4.1  UN3230...............      II     4.1                       151     224    None        10 kg      25 kg          D  52, 53
                                     type F.
 
                                                                                          * * * * * * *
                                    [REMOVE].............
 
                                                                                          * * * * * * *
                                    Gasohol gasoline               3  NA1203...............      II       3     144, 177          150     202     242          5 L       60 L          E
                                     mixed with ethyl
                                     alcohol, with not
                                     more than 10%
                                     alcohol.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ None.
\2\ Forbidden.


[[Page 14714]]

* * * * *

0
3. In Sec.  172.102, in paragraph (c)(1), Special provision 16 is 
revised to read as follows:


Sec.  172.102  Special provisions

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

Code/Special Provisions

* * * * *
    16 This description applies to smokeless powder and other 
propellant powders that are used as powder for small arms and have been 
classed as Division 1.3C and 1.4C and reclassed to Division 4.1 in 
accordance with Sec.  173.56 and Sec.  173.58 of this subchapter.
* * * * *

0
4. In Sec.  172.336, paragraph (c) is revised to read as follows:


Sec.  172.336  Identification numbers; special provisions.

* * * * *
    (c) Identification Numbers are not required:

------------------------------------------------------------------------
                                                    Then the alternative
         Packaging:                   When:          marking requirement
                                                             is:
------------------------------------------------------------------------
(1) On the ends of portable   They have more than   The identification
 tanks, cargo tanks, or tank   one compartment and   numbers on the
 cars.                         hazardous materials   sides of the tank
                               with different        are displayed in
                               identification        the same sequence
                               numbers are being     as the compartments
                               transported therein.  containing the
                                                     materials they
                                                     identify.
(2) On cargo tanks..........  They contain only     The tank is marked
                               gasoline.             ``Gasoline'' on
                                                     each side and rear
                                                     in letters no less
                                                     than 50 mm (2
                                                     inches) high, or is
                                                     placarded in
                                                     accordance with
                                                     Sec.   172.542(c).
(3) On cargo tanks..........  They contain only     The cargo tank is
                               fuel oil.             marked ``Fuel Oil''
                                                     on each side and
                                                     rear in letters no
                                                     less than 50 mm (2
                                                     inches) high, or is
                                                     placarded in
                                                     accordance with
                                                     Sec.   172.544(c).
(4) On nurse tanks..........  They meet the         N/A
                               provisions of Sec.
                                173.315(m) of this
                               subchapter.
(5) On cargo tanks,           They contain more     The identification
 including compartmented       than one petroleum    number for the
 cargo tanks, or tank cars.    distillate fuel.      liquid petroleum
                                                     distillate fuel
                                                     having the lowest
                                                     flash point is
                                                     displayed. If the
                                                     cargo tank also
                                                     contains gasoline
                                                     and alcohol fuel
                                                     blends consisting
                                                     of more than 10%
                                                     ethanol the
                                                     identification
                                                     number ``3475'' or
                                                     ``1987,'' as
                                                     appropriate, must
                                                     also be displayed.
------------------------------------------------------------------------

* * * * *

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

0
5. The authority citation for Part 173 continues to read as follows:

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


0
6. In Sec.  173.171, the introductory text and paragraphs (a), (c) and 
(d) are revised to read as follows:


Sec.  173.171  Smokeless powder for small arms.

    Powders that have been classed in Division 1.3 or Division 1.4 may 
be reclassed in Division 4.1, for domestic transportation by motor 
vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions:
    (a) Powders that have been approved as Division 1.3C or Division 
1.4C may be reclassed to Division 4.1 in accordance with Sec. Sec.  
173.56 and 173.58 of this part.
* * * * *
    (c) Only combination packagings with inner packagings not exceeding 
3.6 kg (8 pounds) net mass and outer packaging of UN 4G fiberboard 
boxes meeting the Packing Group I standards are authorized. Inner 
packagings must be arranged and protected so as to prevent simultaneous 
ignition of the contents. The complete package must be of the same type 
that has been examined as required in Sec.  173.56 of this part.
    (d) The net weight of smokeless powder in any one box (one package) 
must not exceed 7.3 kg (16 pounds).
* * * * *

PART 176--CARRIAGE BY VESSEL

0
7. The authority citation for Part 176 continues to read as follows:

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


0
8. In Sec.  176.30, paragraph (a) introductory text is revised to read 
as follows:


Sec.  176.30  Dangerous cargo manifest.

    (a) The carrier, its agents, and any person designated for this 
purpose by the carrier or agents must prepare a dangerous cargo 
manifest, list, or stowage plan. This document may not include a 
material that is not subject to the requirements of the Hazardous 
Material Regulations (49 CFR parts 171 through 180) or the 
International Maritime Dangerous Goods Code (IMDG Code) (IBR, see Sec.  
171.7 of this subchapter). This document must be kept on or near the 
vessel's bridge, except when the vessel is docked in a United States 
port. When the vessel is docked in a United States port, this document 
may be kept in the vessel's cargo office or another location designated 
by the master of the vessel provided that a sign is placed beside the 
designated holder on or near the vessel's bridge indicating the 
location of the dangerous cargo manifest, list, or stowage plan. This 
document must always be in a location that is readily accessible to 
emergency response and enforcement personnel. It must contain the 
following information:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
9. The authority citation for Part 176 continues to read as follows:

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


0
10. In Sec.  178.3, paragraph (a)(2) is revised to read as follows:


Sec.  178.3  Marking of packaging.

    (a) * * *
    (2) Unless otherwise specified in this part, the name and address 
or symbol of the packaging manufacturer or the person certifying 
compliance with a UN standard. Symbols, if used, must be

[[Page 14715]]

registered with the Associate Administrator. Unless authorized in 
writing by the holder of the symbol, symbols must represent either the 
packaging manufacturer or the approval agency responsible for providing 
the most recent certification for the packaging through design 
certification testing or periodic retesting, as applicable. Duplicative 
symbols are not authorized.
* * * * *

0
11. In Sec.  178.601, paragraph (l) is revised to read as follows:


Sec.  178.601  General requirements.

* * * * *
    (l) Record retention. Following each design qualification test and 
each periodic retest on a packaging, a test report must be prepared. 
The test report must be maintained as follows:
    (1) The test report must be maintained at each location where the 
packaging is manufactured, certified, and a design qualification test 
or periodic retest is conducted. The test report must be maintained as 
follows:

----------------------------------------------------------------------------------------------------------------
              Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging...........  As long as manufactured and two years thereafter.
Person performing design testing.............  Until next required periodic retest is successfully performed, a
                                                new test report produced, and five years thereafter.
Person performing periodic retesting.........  Until next required periodic retest is successfully performed and
                                                a new test report produced.
----------------------------------------------------------------------------------------------------------------

     (2) The test report must be made available to a user of a 
packaging or a representative of the Department upon request. The test 
report, at a minimum, must contain the following information:
    (i) Name and address of test facility;
    (ii) Name and address of applicant (where appropriate);
    (iii) A unique test report identification;
    (iv) Date of the test report;
    (v) Manufacturer of the packaging;
    (vi) Description of the packaging design type (e.g. dimensions, 
materials, closures, thickness, etc.), including methods of manufacture 
(e.g. blow molding) and which may include drawing(s) and/or 
photograph(s);
    (vii) Maximum capacity;
    (viii) Characteristics of test contents, e.g. viscosity and 
relative density for liquids and particle size for solids;
    (ix) Test descriptions and results; and
    (x) Signed with the name and title of signatory.

0
12. In Sec.  178.801, paragraph (l) is revised to read as follows:


Sec.  178.801  General requirements.

* * * * *
    (l) Record retention. (1)(i) The person who certifies an IBC design 
type must keep records of design qualification tests for each IBC 
design type and for each periodic design requalification as specified 
in this part. These records must be maintained at each location where 
the IBC is manufactured and at each location where design qualification 
and periodic design requalification testing is performed. The test 
report must be maintained as follows:

----------------------------------------------------------------------------------------------------------------
              Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging...........  As long as manufactured and two years thereafter.
Person performing design testing.............  Until next required periodic retest is successfully performed, a
                                                new test report produced, and five years thereafter.
Person performing periodic retesting.........  Until next required periodic retest are successfully performed
                                                and a new test report produced.
----------------------------------------------------------------------------------------------------------------

     (ii) These records must include the following information: name 
and address of test facility; name and address of the person certifying 
the IBC; a unique test report identification; date of test report; 
manufacturer of the IBC; description of the IBC design type (e.g., 
dimensions, materials, closures, thickness, representative service 
equipment, etc.); maximum IBC capacity; characteristics of test 
contents; test descriptions and results (including drop heights, 
hydrostatic pressures, tear propagation length, etc.). Each test report 
must be signed with the name of the person conducting the test, and 
name of the person responsible for testing.
    (2) The person who certifies each IBC must make all records of 
design qualification tests and periodic design requalification tests 
available for inspection by a representative of the Department upon 
request.

0
13. In Sec.  178.955, paragraph (i) is revised to read as follows:


Sec.  178.955  General requirements

* * * * *
    (i) Record retention. (1) Following each design qualification test 
and each periodic retest on a Large Packaging, a test report must be 
prepared. The test report must be maintained at each location where the 
Large Packaging is manufactured and each location where the design 
qualification tests are conducted. The test report must be maintained 
as follows:

----------------------------------------------------------------------------------------------------------------
              Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging...........  As long as manufactured and two years thereafter.
Person performing design testing.............  Until next required periodic retest is successfully performed, a
                                                new test report produced, and five years thereafter.
Person performing periodic retesting.........  Until next required periodic retest is successfully performed and
                                                a new test report produced.
----------------------------------------------------------------------------------------------------------------

     (2) The test report must be made available to a user of a Large 
Packaging or a representative of the Department of Transportation upon 
request. The test report, at a minimum, must contain the following 
information:

[[Page 14716]]

    (i) Name and address of test facility;
    (ii) Name and address of applicant (where appropriate);
    (iii) A unique test report identification;
    (iv) Date of the test report;
    (v) Manufacturer of the packaging;
    (vi) Description of the packaging design type (e.g., dimensions, 
materials, closures, thickness, etc.), including methods of manufacture 
(e.g., blow molding) and which may include drawing(s) and/or 
photograph(s);
    (vii) Maximum capacity;
    (viii) Characteristics of test contents, e.g., viscosity and 
relative density for liquids and particle size for solids;
    (ix) Mathematical calculations performed to conduct and document 
testing (for example, drop height, test capacity, outage requirements, 
etc.);
    (x) Test descriptions and results; and
    (xi) Signature with the name and title of signatory.


    Issued in Washington, DC on February 19, 2013 under authority 
delegated in 49 CFR part 106.
Cynthia L. Quarterman
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-04197 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-60-P


