[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Proposed Rules]
[Pages 41556-41594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16675]



[[Page 41555]]

Vol. 84

Wednesday,

No. 157

August 14, 2019

Part V





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.





Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce 
Regulatory Burdens; Proposed Rule

  Federal Register / Vol. 84 , No. 157 / Wednesday, August 14, 2019 / 
Proposed Rules  

[[Page 41556]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2017-0120 (HM-219C)]
RIN 2137-AF33


Hazardous Materials: Adoption of Miscellaneous Petitions To 
Reduce Regulatory Burdens

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This rulemaking responds to numerous petitions for rulemaking 
submitted by the regulated community that request PHMSA address a 
variety of provisions, including but not limited to those addressing 
packaging, hazardous communication, and incorporation by reference 
documents. PHMSA proposes amendments to the Hazardous Materials 
Regulations to update, clarify, improve the safety of, or provide 
relief from various regulatory requirements. The proposed amendments 
include adopting a phase-out schedule for certain railroad tank cars 
used to transport materials poisonous by inhalation, allowing the 
continued use of certain portable and mobile refrigerator systems 
commonly used in the produce industry, incorporating an industry 
standard that can help to enhance the production of oil and gas wells, 
and incorporating an updated consensus standard which applies to the 
existing market for fireworks; as well as additional proposed 
amendments derived from PHMSA's petition for rulemaking process.

DATES: Comments must be submitted by October 15, 2019. To the extent 
possible, PHMSA will consider late-filed comments as a final rule is 
developed.

ADDRESSES: You may submit comments by identification of the docket 
number (PHMSA-2017-0120 (HM-219C)) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Management System; U.S. Department of 
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: To U.S. Department of Transportation, 
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents 
(including the Preliminary Regulatory Impact Analysis (PRIA)) or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Candace Casey 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:

Abbreviations and Terms

AAR Association of American Railroads
ACC American Chemistry Council
ADR European Agreement Concerning the International Carriage of 
Dangerous Goods by Road
AESC Association of Energy Service Companies
APA American Pyrotechnics Association
ASME American Society of Mechanical Engineers
ASME BPVC ASME Boiler and Pressure Vessel Code
ATCCRP Advanced Tank Car Collaborative Research Program
CPC Casualty Prevention Circular
CEQ Council on Environmental Quality
CGA Compressed Gas Association
COSTHA Council on Safe Transportation of Hazardous Articles
DGTA Dangerous Goods Trainers Association
DOT Department of Transportation
EPA Environmental Protection Agency
GVWR Gross Vehicle Weight Rating
HMR Hazardous Materials Regulations
HMT Hazardous Materials Table (49 CFR 172.101)
IAEA International Atomic Energy Agency
IBC Intermediate Bulk Container
IBR Incorporation by Reference
ICAO International Civil Aviation Organization
ICAO Technical Instructions ICAO Technical Instructions for the Safe 
Transport of Dangerous Goods
IIAR International Institute of Ammonia Refrigeration
IMDG Code International Maritime Dangerous Goods Code
IME Institute of Makers of Explosives
JPG Jet Perforating Gun
MAWP Maximum Allowable Working Pressure
MTC Manual of Tests and Criteria
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PHMSA Pipeline and Hazardous Materials Safety Administration
PIH Poison Inhalation Hazard
PRD Pressure Relief Device
PRIA Preliminary Regulatory Impact Analysis
PSI Pounds per Square Inch
PSIG Pounds per Square Inch Gauge
RCRA Resource Conservation and Recovery Act
RID European Agreement Concerning the International Carriage of 
Dangerous Goods by Rail
RIPA Reusable Industrial Packaging Association
RSI Railway Supply Institute
TDG Transport of Dangerous Goods
TPED Transportable Pressure Equipment Directive
TTMA Truck Trailer Manufacturers Association
UN Model Regulations United Nations Recommendations on the Transport 
of Dangerous Goods: Model Regulations
Unified Agenda Unified Agenda of Federal Regulatory and Deregulatory 
Actions
UNSCOE TDG United Nations Sub-Committee of Experts on the Transport 
of Dangerous Goods

Table of Contents

I. Background
II. Review of Proposed Amendments
III. Section-by-Section
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13771
    D. Executive Order 13132
    E. Executive Order 13175
    F. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    G. Paperwork Reduction Act
    H. Regulatory Identifier Number (RIN)
    I. Unfunded Mandates Reform Act
    J. Environmental Assessment
    K. Privacy Act
    L. Executive Order 13609 and International Trade Analysis
    M. Executive Order 13211
    N. National Technology Transfer and Advancement Act
List of Subjects

I. Background

    The Administrative Procedure Act requires Federal agencies to give 
interested persons the right to petition an agency to issue, amend, or 
repeal a rule (See 5 U.S.C. 553(e)). PHMSA's rulemaking procedure 
regulations (See

[[Page 41557]]

49 Code of Federal Regulations (CFR) 106.95) allows persons to ask 
PHMSA to add, revise, or delete a regulation by filing a petition for 
rulemaking containing adequate support for the requested action. In 
this NPRM, PHMSA (also ``we'' or ``us'') proposes to amend the HMR in 
response to petitions for rulemaking submitted by shippers, carriers, 
manufacturers, and industry representatives. These proposed revisions 
are intended to reduce regulatory burdens while maintaining, or 
enhancing, the existing level of safety. We discuss the petitions and 
proposals in detail in Section II of this NPRM. In this NPRM, PHMSA 
proposes to:
     Prohibit after December 31, 2020, the use of rail tank 
cars with shells or heads constructed of non-normalized steel used for 
transportation of poison-by-inhalation (PIH) materials.
     Harmonize the limited quantity exceptions for more than 
100 entries for corrosive materials in the HMT.
     Revise Sec.  173.302(b)(2) to allow a minimum height of 12 
mm (0.47 inches) for a proper shipping name marked on a portable tank 
with a capacity of less than 3,785 L (1,000 gallons).
     Revise Sec.  173.28(c)(1)(i) to add the words 
``substantially removed'' in the context of cleaning metal drums for 
reuse and clarifying the requisite cleaning standard.
     Revise Sec.  173.5b to allow for the continued use of 
Portable and Mobile Refrigerator Systems placed into service prior to 
1991 that are rated to a minimum service pressure of 250 pounds per 
square inch (psig).
     Incorporate by reference updated versions of multiple CGA 
publications.
     Remove the reference to Special Provision 103 in Sec.  
172.101 from Column (7) for four HMT entries to allow them to be 
shipped as safety devices.
     Revise the HMT entry for ``UN0503, Safety Devices, 
pyrotechnic'' to allow the shipper to use the exceptions provided in 
Sec.  173.166(d).
     Remove the words ``manufactured before September 1, 1995'' 
from Sec.  180.417(a)(3) to allow for an alternative report for cargo 
tanks manufactured after September 1, 1985.
     Revise the basis weight tolerance provided in Sec.  
178.521 from 5 percent to 10 percent from the 
nominal basis weight reported in the initial design qualification test 
report for paper shipping sacks.
     Revise Sec.  173.308(d)(3) to harmonize with the IMDG Code 
by removing the requirement for a closed transport container to have 
the warning mark ``WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--
KEEP IGNITION SOURCES AWAY WHEN OPENING'' when transporting lighters.
     Make the ``interim'' rail tank car specifications the 
``final'' specifications for the transportation of PIH materials.
     Prohibit after December 31, 2027, the use of certain rail 
tank cars for the transportation of PIH materials.
     Allow for all waste materials to be managed in accordance 
with the lab pack exception and associated paragraphs in Sec.  173.12 
irrespective of whether they meet the definition of a hazardous waste 
per the EPA or the RCRA.
     Incorporate by reference the 2017 version of the ASME BPVC 
Sections II (Parts A and B, C and D), VIII (Division 1), and IX into 
the HMR.
     Revise Sec. Sec.  171.23, 173.302, and 173.304 to permit 
the import of filled pi-marked foreign pressure receptacles for 
intermediate storage, transport to point of use, discharge, and export 
as well as the import of certain pi-marked foreign pressure receptacles 
filling, intermediate storage, and export.
     Revise the language in Sec.  173.166 to clarify the term 
``recycle'' by adding the word ``metal'' in front of ``recycling.''
     Correct Sec.  171.7(r) to include the address of the IME 
and to incorporate the IME/Association of Energy Service Companies 
(AESC) JPG Standard, also known as the ``Guide to Obtaining DOT 
Approval of Jet Perforating Guns using AESC/IME Perforating Gun 
Specifications,'' Ver. 02, dated September 1, 2017 as material 
incorporated by reference.
     Update to the January 1, 2018 version of the APA Standard 
87-1, ``Standard for Construction and Approval for Transportation of 
Fireworks, Novelties, and Theatrical Pyrotechnics'', which is currently 
incorporated by reference in Sec.  171.7(f) of the HMR.

II. Review of Proposed Amendments

1. Phase-Out of Non-Normalized Tank Cars Used To Transport PIH 
Materials

    In its petition (P-1646), AAR requested that PHMSA consider an 
amendment to prohibit the use of rail tank cars with shells or heads 
constructed of non-normalized steel for transportation of PIH 
materials. In its petition, AAR states that the use of pressurized tank 
cars constructed from non-normalized steel for rail transportation of 
PIH materials poses an unnecessary risk to the public. AAR adds that 
non-normalized steel is susceptible to brittle fractures at lower 
temperatures, and brittle fractures are far more likely to result in a 
catastrophic failure and instantaneous release of a car's entire 
contents than ductile fractures. While a slow release of contents 
generally has time to dissipate in the atmosphere, AAR notes that an 
instantaneous release creates a concentrated toxic cloud with potential 
catastrophic consequences for the nearby population. AAR has required 
that tank cars built since 1989 and used in PIH service must be 
constructed of normalized steel.
    PHMSA believes the phase-out of these legacy rail tank cars would 
have a positive impact on safety due to their replacement with more 
robust tanks cars used for the transportation of PIH materials. On 
April 7, 2017, AAR adopted CPC-1325, which implemented a phase-out of 
these non-normalized (legacy) steel tank cars in PIH service by July 1, 
2019. On July 27, 2018, AAR revised CPC-1325 and re-issued it as CPC-
1336, but kept the July 1, 2019 phase-out deadline for the non-
normalized steel tank cars. CPC-1336 is incorporated into the AAR 
members' railroad interchange rules that railroads require compliance 
with as a condition of shipping hazardous materials by rail. PHMSA 
proposes to respond to P-1646 by codifying a phase-out of these non-
normalized steel tank cars in the HMR that would take effect as of 
December 31, 2020. PHMSA proposes this date as a general approximation 
of when this rulemaking is expected to be finalized. However, the AAR 
phase-out is expected to go into effect regardless of whether PHMSA 
adopts July 1, 2019, December 31, 2020, or another date into 
regulation. As a result, there is no cost associated with PHMSA 
aligning this date as a regulatory deadline. A more detailed discussion 
of this economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in phasing-out these non-
normalized rail tank cars used for the transportation of PIH materials. 
In this NPRM, PHMSA is proposing to revise Sec.  173.31 to phase-out 
non-normalized steel rail tank cars for the transportation of PIH 
materials by December 31, 2020.

2. Limited Quantity Shipments of Hydrogen Peroxide

    In its petition (P-1658), Steris requested a revision to the HMT 
for limited quantities of hydrogen peroxide. Specifically, this 
petition requests that PHMSA harmonize Column (8A) packaging exceptions 
for limited quantities of ``UN2014, Hydrogen peroxide aqueous 
solution,'' with the UN Model Regulations. Currently, the HMT does not 
allow the limited quantity exception for UN2014, while

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various other international standards and regulations such as the UN 
Model Regulations provide for transport of UN2014 in limited 
quantities, up to 60 percent concentration. Steris argues that 
harmonizing with the UN Model Regulations would provide economic and 
logistics consistency in global transport of this material in limited 
quantities and would facilitate commerce for domestic companies.
    The shipment of limited quantities of materials similar to those 
proposed in this petition is already permitted under the HMR. 
Therefore, PHMSA believes that expanding the exceptions to these 
additional materials would not cause a reduction in safety. In 
addition, because these are exceptions to the HMR, PHMSA would expect 
cost savings to be achieved if the proposal is finalized. However, due 
to a lack of national data on these types of shipments, PHMSA was 
unable to quantify the specific cost savings that would result from 
this change. A more detailed discussion of this economic analysis of 
this proposal can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in proposing this revision 
to the HMT. In this NPRM, PHMSA is proposing to revise Column (8A) of 
the HMT for ``UN2014, Hydrogen peroxide aqueous solution'' to allow 
limited quantities packaging exceptions for this material by 
referencing Sec.  173.152 for exceptions for Division 5.1 oxidizers.

3. Markings on Portable Tanks

    In his petition (P-1666), William J. Briner suggested that the HMR 
be revised, consistent with Sec.  172.302(b)(2) and Section 5.3.2.0.2 
of the IMDG Code, to allow a minimum height of 12 mm (0.47 inches) for 
proper shipping name markings on portable tanks with a capacity of less 
than 3,000 L (792.52 gallons). The revision would also eliminate 
confusion about the size of markings on portable tanks, as there is no 
requirement that they be marked with the proper shipping name under the 
HMR when they are placarded.
    A technical review of this petition found that harmonizing the size 
of this marking with the IMDG Code would not have a negative effect on 
safety. While this proposal would allow for smaller markings on 
portable tanks with a capacity of less than 3,000 L (792.52 gallons), 
PHMSA is unable to quantify these cost savings as it does not have cost 
data on the savings gained from using smaller markings and to how many 
stakeholders they might apply. A more detailed discussion of this 
economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in proposing this 
revision. However, PHMSA believes the size limit of the container 
should be consistent with the 3,785 L (1,000 gallon) limit currently in 
this section. In this NPRM, PHSMA is proposing to revise Sec.  
172.302(b)(2) to allow that proper shipping name markings on portable 
tanks with a capacity of less than 3,785 L (1,000 gallons) to be a 
minimum of 12 mm (0.47 inches).

4. Reconditioning of Metal Drums

    In its petition (P-1670), RIPA requested a revision to Sec.  
173.28(c)(1)(i) to require that labels be substantially removed, rather 
than simply removed. RIPA believes that a strict reading of the current 
regulation asks for an impossible standard, as the full removal of 
coatings and labels (including their adhesive residues) is practically 
impossible. RIPA justifies this request by noting that current cleaning 
and surface preparation processes have been generally accepted for the 
last 60 years and have never been considered a safety issue.
    A technical review of the petition found there is no evidence that 
allowing for minimal amounts of residual glue to remain on a drum after 
cleaning would have any effect on safety. However, PHMSA asserts that 
there must be a standard to which the drums are cleaned for the 
coatings and labels to be considered substantially removed. While this 
proposal is a relaxation of the requirements in the HMR, PHMSA is 
unable to quantify these cost savings because it does not have data on 
the cost differences between ``removed'' and ``substantially removed,'' 
or to how many firms they might apply. A more detailed discussion of 
this economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA found that there is merit to proposing this 
revision to the HMR. In this NPRM, PHMSA is also proposing to revise 
Sec.  173.28(c)(1)(i) to allow tightly adhering paint, mill scale, and 
rust to remain on no more than 10 percent of each unit's surface area.

5. Limited Quantity Harmonization

    In its petition (P-1676), URS Corporation requests revisions to 
Column (8A) of the HMT to allow for the shipment of several hazardous 
materials to be shipped as limited quantities. Specifically, this 
petition requests that PHMSA harmonize Column (8A) of the HMT for 
limited quantities for 45 proper shipping names. Currently, the HMT 
does not allow the limited quantity exception for the materials listed 
by the petitioner. URS Corporation indicates that if the limited 
quantity exception is not added to the HMT as proposed, then there 
would continue to be confusion about hazardous materials shipments 
imported into the United States that are prepared as limited quantity 
shipments under international regulations.
    A technical review of the petition identified a total of 114 
entries in HMT that are not in alignment with the UN Model Regulations, 
including all of those listed in the petition. The review found that 64 
of the 114 entries diverge from the International Civil Aviation 
Organization (ICAO) Technical Instructions for the Safe Transport of 
Dangerous Goods (ICAO Technical Instructions). The ICAO Technical 
Instructions permit all 64 entries to be shipped as a limited quantity. 
The shipment of limited quantities of similar materials is already 
permitted under the HMR, and expanding the exceptions to these 
additional materials would not cause a reduction in safety. Because 
these are exceptions to the HMR, PHMSA would expect cost savings to be 
achieved if the proposal is finalized. However, due to a lack of 
national data on these types of shipments, PHMSA was unable to quantify 
the specific cost savings that would result from this change. A more 
detailed discussion of this economic analysis can be found in the 
accompanying PRIA.
    Therefore, PHMSA found there is merit to proposing this revision to 
the HMR. In this NPRM, PHMSA is proposing to revise Column (8A) 
(exceptions) of the HMT consistent with the UN Model Regulations for 
114 identified entries.

6. Mobile Refrigeration Units

    In its petition (P-1677), the IIAR requests that PHMSA consider 
changes to Sec.  173.5b for portable and mobile refrigerator systems 
commonly used in the produce industry. Specifically, this petition 
proposes to allow the continued use of mobile refrigeration units 
placed into service prior to 1991 that meet the 250 pounds per square 
inch (psig) service pressure specification. PHMSA also issued an 
enforcement discretion memo on September 28, 2017 allowing the 
continued use of mobile refrigeration units that are tested to a 
service pressure of 250 psig.
    A technical review of this petition found there should be no 
reduction in safety by allowing the continued use of mobile 
refrigeration units that are tested to a service pressure of 250 psig. 
PHMSA believes allowing the continued use of these mobile refrigeration 
units would allow the agricultural industry to accrue substantial cost 
savings. In the

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PRIA, PHMSA estimates there would be approximately $1,000,000 in 
annualized costs savings to the agricultural industry resulting from 
the continued use of mobile refrigeration units currently in service. A 
more detailed accounting of this economic analysis can be found in the 
accompanying PRIA.
    Therefore, PHMSA believes there is merit to allowing the continued 
use of these mobile refrigeration units, under certain conditions. In 
this NPRM, PHMSA is proposing to revise Sec.  173.5b to allow the 
continued used of certain portable and mobile refrigerator systems that 
meet the 250 psig service pressure specification by removing the 
prohibition of use of refrigeration systems placed into service before 
June 1, 1991, specified in paragraph (b)(6).

7. Incorporation by Reference of CGA Standards

    Certain CGA standards are incorporated by reference in Sec.  171.7 
of the HMR. Multiple petitions to update CGA standards were submitted 
to PHMSA for review. These petitions include:
     Petition (P-1679)--CGA proposed that PHMSA IBR CGA C-6.3, 
``Standard for Visual Inspection of Low Pressure Aluminum Alloy 
Cylinders, 2013, Third Edition'' \1\ into Sec.  171.7 to replace the 
outdated reference to the First Edition of this standard published in 
1991.
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    \1\ Previous edition of this document was titled ``Guidelines 
for Visual Inspection and Requalification of Low Pressure Aluminum 
Compressed Gas Cylinders, 1991, First Edition.''
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     Petition (P-1680)--CGA proposed that PHMSA IBR CGA S-7, 
``Method for Selecting Pressure Relief Devices for Compressed Gas 
Mixtures in Cylinders, 2013, Fifth Edition'' into Sec.  171.7 to 
replace the outdated reference to the 2005 Fourth Edition of this 
standard.
     Petitions (P-1684) and (P-1693)--In two separate 
petitions, Worthington Cylinders and CGA requested that Sec.  171.7 be 
updated to include the most recent version of the CGA C-11, ``Practices 
for Inspection of Compressed Gas Cylinders at Time of Manufacture, 
2013, Fifth Edition'' and that references to the outdated Third Edition 
of this standard published in 2001 be removed. These petitions also 
request modifications to Sec.  178.35(b) and (c) to refer to CGA C-11.
     In petition (P-1694)--CGA proposes that PHMSA IBR C-6.1-
2013, ``Standards for Visual Inspection of High Pressure Aluminum 
Compressed Gas Cylinders'' into Sec.  171.7 of the HMR. This sixth 
edition of CGA C-6.1-2013 would update and replace current references 
to the 2002 Fourth Edition.
    A technical review of these petitions found that the IBR of revised 
standards would not result in a reduction in safety and would likely 
enhance safety. It is important for the HMR to reflect the most recent 
version of these cylinder IBR documents to ensure the safe 
transportation of compressed gases. There were no quantifiable cost 
savings identified with these IBR documents. These IBR revisions are 
primarily technical in nature and do not have a material effect on the 
cost of business. A more detailed discussion of this economic analysis 
can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in proposing updates to 
these IBRs in Sec.  171.7 of the HMR. In this NPRM, PHMSA is proposing 
to IBR the updated CGA publications in Sec.  171.7 of the HMR.

8. Special Provision for Explosives

    In its petition (P-1681), the IME proposed that PHMSA remove 
Special Provision (SP) 103 from Sec.  172.102, as well as remove 
references to SP 103 from Column (7) of the HMT for the following 
entries: ``UN 0361, Detonator assemblies, non-electric, for blasting''; 
``UN 0365, Detonators for ammunition''; ``UN 0255, Detonators, 
electric, for blasting''; and ``UN 0267, Detonators, non-electric, for 
blasting.''
    IME requests this change to harmonize the HMR with the UN Model 
Regulations, which has no provision capping the net explosive mass that 
may be involved in a limited propagation of detonators within a package 
classed as Division 1.4B at 25 grams as described in SP 103. Detonators 
must only pass the tests prescribed by the UN MTC to be transported (in 
this case pass the UN Test Series 6 requirements). The manual contains 
the criteria, test methods, and procedures used for the classification 
of dangerous goods (i.e., hazardous materials) per the provisions of UN 
Model Regulations to ensure an appropriate level of safety. Only those 
detonators that successfully pass tests prescribed for Division 1.4B 
may be classed in this hazardous materials category. The changes IME 
requests would align the HMR with the UN Model Regulations.
    A technical review of this petition found that the removal of this 
special provision is necessary to harmonize with the international 
regulations and would have no effect on safety. Since these special 
provisions are no longer in wide use, PHMSA does not believe there 
would be any quantifiable cost savings. A more detailed discussion of 
this economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in removing this special 
provision from the four entries in the HMT. In this NPRM, PHMSA is 
proposing to remove the references to SP 103 for these four entries in 
Column (7) of the HMT. Also, because SP 103 is only assigned to these 
four entries, PHMSA is proposing to delete SP 103 from Sec.  172.102.

9. EX Numbers and Safety Devices

    In its petition (P-1683), the Ford Motor Company requested a change 
to the HMT to remove the word ``None'' and replace with ``166'' in 
Column (8A) for the proper shipping name ``UN 0503, Safety Devices, 
pyrotechnic.'' This is a reference to authorized packaging for safety 
devices found in Sec.  173.166. Ford Motor Company believes this 
omission prevents the shipper of these devices from applying the 
requirement to include the EX number on the shipping document as found 
in Sec.  173.166(c), and does not allow the shipper to use the 
exceptions provided in Sec.  173.166(d). Ford believes the omission is 
a typo in the HMT and should be corrected.
    PHMSA's technical review of this petition determined, consistent 
with the Ford Motor Company petition, that the exclusion of ``166'' in 
Column 8A of HMT for ``UN 0503, Safety Devices, pyrotechnic'' was an 
oversight from a previous rulemaking. There is no reason from a safety 
perspective why ``UN 0503, Safety Devices, pyrotechnic'' would not be 
eligible for shipment as a safety device in accordance with Sec.  
173.166. Insufficient data on the number of shipments effected limits 
PHMSA's ability to quantify potential cost savings. In addition, it is 
perhaps likely that industry is already taking advantage of the 
exceptions in paragraph (d)(1) whenever the situation allows, and 
existing requirements in Sec.  172.320(b) already require the EX 
number. A more detailed discussion of this economic analysis can be 
found in the accompanying PRIA.
    Therefore, PHMSA found there is merit to proposing this revision to 
the HMT. In this NPRM, PHMSA is proposing to remove the word ``None'' 
from Column (8A) for the proper shipping name ``UN 0503, Safety 
Devices, pyrotechnic'' in the HMT and replace it with ``166'' to 
authorize use of packaging requirements for safety devices.

10. Alternative Reports for Cargo Tanks

    In its petition (P-1685), Polar Service Systems proposes revising 
the HMR to allow an alternative report for cargo tanks to replace a 
missing certificate of compliance for cargo tanks manufactured before 
September 1, 1995.

[[Page 41560]]

The petition recommends accomplishing this by removing the words 
``manufactured before September 1, 1995'' from Sec.  180.417(a)(3). The 
petitioner indicates that there is currently no provision to allow the 
use of alternative reports when a certificate of compliance is 
unavailable for cargo tanks manufactured after September 1, 1995. Some 
cargo tank manufacturers have gone out of business in the past 20 
years, making it impossible for a tank owner to obtain a missing 
certificate of compliance from the manufacturer.
    PHMSA's technical review of the petition found there are existing 
problems with maintaining the required documentation of Cargo Tanks and 
Cargo Tank Motor Vehicles (CTMVs) when manufacturers are no longer in 
business. This is true irrespective of the date to which alternative 
documentation is allowed in Sec.  180.417. PHMSA does not believe there 
would be an effect on safety because the same testing and recordkeeping 
requirements would apply to manufacturers that could take advantage of 
this proposed revision. Alternatively, in the absence of this proposed 
change, packages with useful life remaining could be forced out of 
service. This petition is not expected to result in any material cost 
to industry. A more detailed discussion of this economic analysis can 
be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit to proposing this revision 
to the HMR. In this NPRM, PHMSA is proposing to revise the language in 
Sec.  180.417(a)(3) to allow for alternative reports when a 
manufacturer's certificate is not available regardless of date of 
manufacture.

11. Weight Tolerances for Paper Shipping Sacks

    In its petition (P-1688), the Paper Shipping Sack Manufacturers 
Association proposes that PHMSA revise the basis weight tolerances for 
liners and mediums used in the manufacture of multiwall shipping sacks. 
Specifically, this petition requests that PHMSA revise the basis weight 
tolerance provided in Sec.  178.521 from 5 percent to 
10 percent from the nominal basis weight reported in the 
initial design qualification test report. The petitioner notes that 
multiwall sacks are manufactured on the same or technically equivalent 
machines that manufacture the liners for fiberboard boxes. PHMSA 
revised the basis weight tolerances from 5 percent to 
10 percent for fiberboard boxes in the HM-219A final rule, 
published on November 7, 2018 [83 FR 55792].
    PHMSA's technical review of this petition found that the paper used 
to manufacture paper bags is made on the same machines or similar 
machines as that used to make fiberboard boxes. Given the technical 
data presented in the petition, which included linerboard drop and 
dynamic compression tests, PHMSA concluded that a small reduction (or a 
nearly infinite increase) in basis weight of the paper used in 
manufacturing fiberboard boxes does not affect performance, it is 
expected that paper bags will behave similarly. PHMSA estimates the 
total potential annualized cost savings to the industry of $20,000 to 
$200,000. A more detailed discussion of this economic analysis can be 
found in the accompanying PRIA.
    Therefore, PHMSA found there is merit to proposing this revision to 
the HMR. In this NPRM, PHMSA is proposing to revise Sec.  178.521 to 
revise the nominal basis weight reported in the initial design 
qualification test report from 5 percent to 10 
percent.

12. Markings on Closed Transport Containers

    In its petition (P-1690), Matson proposes that PHMSA amend Sec.  
173.308(d)(3) to remove the requirement for a warning to be placed on 
the access door of a closed transport vehicle or a closed freight 
container when lighters are transported by vessel. Matson notes that a 
similar warning is not required by the IMDG Code, meaning that the HMR 
is not harmonized in this respect.
    As noted above, this requirement is only in the HMR and is not 
required in the IMDG Code. PHMSA's technical review of this petition 
found that harmonizing this section with the IMDG Code would not result 
in a reduction in safety. PHMSA believes the existing hazard 
communication requirements (transport documents, container placard, 
etc.) provide a sufficient level of safety that is consistent with 
requirements for other Division 2.1 materials. As the petition 
eliminates a warning marking requirement and provides regulatory 
clarity through harmonization, we anticipate no associated costs from 
this proposal. However, PHMSA was unable to quantify any cost savings 
associated with this petition. A more detailed discussion of this 
economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA found there is merit to proposing this revision to 
the HMR. In this NPRM, PHMSA is proposing to amend the lighter 
transportation requirement in Sec.  173.308(d)(3) to remove the 
requirement for vessel transport of a closed transport vehicle or 
freight container to display the warning mark ``WARNING--MAY CONTAIN 
EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION SOURCES AWAY WHEN OPENING'' 
on the access door.

13. Finalization of the HM-246 Tank Car Standard

    In a joint petition (P-1691), AAR, the Chlorine Institute, ACC, the 
Fertilizer Institute, and RSI request that PHMSA convert certain 
``interim'' rail tank car specifications to ``final'' tank car 
specifications. The subject tank car specifications were issued as part 
of the January 13, 2009, final rule entitled ``Improving the Safety of 
Railroad Tank Car Transportation of Hazardous Materials (HM-246),'' (74 
FR 1769), which was targeted at improving the safe transportation of 
PIH materials by rail.
    The HM-246 final rule contained interim design standards for rail 
tank cars transporting PIH materials to be used until a permanent 
standard could be issued by PHMSA. The final rule prescribed enhanced 
safety measures for PIH materials transported in rail tank cars, 
primarily stronger tanks with higher tank test pressures, fittings, 
tank head-puncture resistance protection and, for some commodities, 
thermal protection. The HM-246 final rule was the result of industry 
consensus that an updated standard was necessary to improve accident 
survivability, even as research continued to develop a long-term PIH 
tank car specification.
    The ATCCRP \2\ suggests the HM-246 interim specification provides a 
significant level of improvement over the legacy designs and there are 
few additional economical options to improve standards beyond the 
interim standard. According to the petitioner, PIH tank cars built in 
compliance with the HM-246 interim standards have performed well in 
service. In addition, conclusions from the various ATCCRP projects 
provide scientific support to make the interim specifications 
permanent. Conclusions resulting from these safety research efforts, as 
reported by ATCCRP, include:
---------------------------------------------------------------------------

    \2\ The ATCCRP coordinates research efforts to enhance the 
safety and security of rail tank car shipments of toxic inhalation 
hazard (TIH) materials. It is a joint effort comprised of shippers 
of tank cars carrying TIH materials (represented by ACC, the 
Chlorine Institute, and the Fertilizer Institute); railroads that 
transport hazardous materials (represented by AAR); and rail tank 
car builders and lessors (represented by RSI). For more information, 
see https://tankcarresourcecenter.com/wp-content/uploads/2017/11/ATCCRP-Research-Background-2016.pdf.
---------------------------------------------------------------------------

     The ``interim'' standard designs finalized in 2009 provide 
significant

[[Page 41561]]

improvement in accident survivability over the legacy designs, i.e., 
former specifications; and
     No design feature or material was identified that would 
provide a significantly greater level of improvement, or would be a 
reasonable alternative (from an economic or manufacturability 
standpoint) that should be required industry-wide.
    PHMSA's technical review of this petition found that the HM-246 
compliant rail tank cars have an established safety record with no 
major incidents attributed to the design of the tank car. The 
petitioner's requested changes are not expected to result in any 
material costs to industry, as the costs of this proposed amendment are 
already accounted for in the analysis of HM-246 final rule, which 
adopted the interim tank car standard. A more detailed discussion of 
this economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA found there is merit to proposing this revision to 
the HMR. In this NPRM, PHMSA is proposing to revise Sec. Sec.  
173.314(c) and 173.244(a)(2) of the HMR to make the HM-246 rail tank 
car specification permanent for the transportation of PIH materials.

14. Phase-Out of Non-HM-246 Compliant Rail Tank Cars

    In 2006, after several major PIH rail tank car accidents, AAR began 
to release a series of CPCs that mandated the use of a safer design for 
tank cars that transport PIH materials. On March 31, 2008, AAR 
published CPC-1187 implementing design specifications for tank cars 
used in PIH service. CPC-1187 also included a 10-year phase-out 
schedule for tank cars that did not meet the CPC-1187 specification. 
According to the new AAR standard, non-compliant tank cars would not be 
accepted for interchange after December 31, 2018.
    On April 1, 2008, PHMSA published an NPRM proposing revisions to 
the HMR to improve the crashworthiness protection of railroad tank cars 
designed to transport PIH materials. (73 FR 17817). On January 13, 
2009, PHMSA issued a final rule establishing the ``Interim HM-246 
Standard.'' (74 FR 1769). The Interim HM-246 Standard effectively 
adopted AAR's CPC-1187 tank car specification for the transportation of 
PIH materials until further research could be completed on enhanced 
tank car specifications.
    In the NPRM for HM-246, PHMSA considered adopting a phase-out of 
tank cars that did not meet the proposed standard. However, in the HM-
246 final rule, PHMSA decided not to adopt a phase-out schedule for 
legacy cars stating, ``[a]lthough we continue to believe that an 
accelerated phase out of these cars is justified, we recognize the 
voluntary efforts already underway by many fleet owners to phase out 
these cars, in many cases on schedules more aggressive than the five-
year deadline proposed in the NPRM.'' (74 FR at 1777-1778). After PHMSA 
published the HM-246 final rule adopting an interim tank car standard, 
AAR suspended CPC-1187 until a new tank car standard could be finalized 
and suspended the December 2018 retirement deadline for non-compliant 
tank cars.
    As discussed in Section II.13, ``Finalization of the HM-246 Tank 
Car Standard,'' above, research conducted under the ATCCRP has since 
demonstrated that the HM-246 interim tank car design provides 
significant improvements in survivability and in their view, no other 
design would provide significantly greater level of improvement. 
However, despite initial indications in 2009 that voluntary efforts 
would result in an accelerated phase-out of those tank cars in PIH 
service that failed to comply with the HM-246 interim standard, the 
industry had not adopted a voluntary phase-out schedule as of December 
2016 that would eliminate less safe tank cars from PIH service.
    On December 16, 2016, AAR submitted a petition (P-1692) requesting 
that PHMSA adopt a six-year phase-out for PIH rail tank cars that do 
not meet the interim HM-246 specification standard as implemented in 
the HM-246 final rule published on January 13, 2009. AAR argued that 
collaborative research undertaken by industry and government partners 
(through ATCCRP) over the last seven years has confirmed that HM-246 
specification cars have the highest accident survivability rate over 
other designs and are the most feasible technology to transport PIH 
materials.
    On April 7, 2017, before PHMSA acted on P-1692, AAR adopted CPC-
1325, which implemented a phase-out by July 1, 2023 of any tank car in 
PIH service that does not comply with the HM-246 interim standard. 
Prior to AAR's adoption of CPC-1325, the Fertilizer Institute commented 
to the petition for rulemaking docket (P-1692) \3\ that it opposed 
AAR's implementation of the July 1, 2023, phase-out schedule arguing, 
among other things, that DOT has sole authority over hazardous 
materials packaging and that AAR's adoption of the phase-out schedule 
was done without performing a cost-benefit analysis. As a result, the 
Fertilizer Institute asserted that the phase-out was being implemented 
without a full understanding of the extent of its potential costs or 
benefits. Similar comments were relayed to PHMSA by a group of shipper 
associations during a January 13, 2017 meeting.\4\ AAR met with PHMSA 
and FRA on August 1, 2017, during which AAR suggested its phase-out 
schedule did not conflict with DOT regulations and that the phase-out 
schedule was intended to remove an older, less-safe car design from PIH 
service.\5\ PHMSA sees no need to take a position on these specific 
arguments, as they are rendered moot by subsequent actions. However, it 
is with a view towards this history that PHMSA notified AAR on December 
7, 2017, that it was accepting P-1692 and would conduct a ``safety and 
policy review that will aid in determining whether the HMR should 
mandate a phase-out period and, if so, what period would ensure safety 
and protect the public interest.'' \6\
---------------------------------------------------------------------------

    \3\ Docket No. PHMSA-2016-0165, at www.regulations.gov.
    \4\ Attendees included representatives from the Fertilizer 
Institute, American Chemistry Council, the Chlorine Institute, and 
the American Petroleum Institute. https://www.regulations.gov/document?D=PHMSA-2016-0165-0007.
    \5\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0011.
    \6\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0012.
---------------------------------------------------------------------------

    On July 27, 2018, AAR revised CPC-1325 and re-issued it as CPC-
1336, extending the phase-out schedule for non-HM-246 compliant tank 
cars from six (July 1, 2023) to ten years (December 31, 2027). On 
August 15, 2018, the railroads (represented by AAR) and a group of PIH 
material shippers (represented by ACC, the Chlorine Institute, and the 
Fertilizer Institute) submitted a joint comment to P-1692 proposing a 
phase-out date of December 31, 2027, for all non-HM-246 specification 
rail tank cars. The December 31, 2027, phase-out date would be in lieu 
of the six-year timeline requested in AAR's original petition. The 
joint commenters met with PHMSA on September 6, 2018, and urged PHMSA 
to act quickly in completing a rulemaking that would adopt the 
petition's proposed 10-year phase-out timeline.\7\ The joint commenters 
contend that codifying the phase-out in the HMR would improve safety 
and increase market certainty.
---------------------------------------------------------------------------

    \7\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0014.
---------------------------------------------------------------------------

    PHMSA believes the phase-out of these legacy rail tank cars would 
have

[[Page 41562]]

a positive impact on safety due to their replacement with more robust 
tanks cars used for the transportation of PIH materials and that 
regulatory certainty could foster market certainty. PHMSA proposes to 
respond to P-1692 by codifying the 10-year phase-out schedule in the 
HMR; however, the phase-out is expected to go into effect under 
railroad interchange rules regardless of whether PHMSA adopts this date 
into regulation. As a result, there is no cost associated with PHMSA 
promulgating this date as a regulatory deadline for the phase-out.
    As such, PHMSA believes there is merit in proposing the phasing-out 
of all non-HM-246 rail tank cars for use in the transportation of PIH 
materials. In this NPRM, PHMSA proposes to revise Sec.  173.31 to 
phase-out all non-HM-246 rail tank cars for the transportation of PIH 
materials by December 31, 2027. PHMSA encourages stakeholder comments 
assessing the potential impacts of the proposed phase-out and whether 
the proposed phase-out period in this NPRM is an appropriate timeframe.

15. Allow Non-RCRA Waste To Use Lab Pack Exception

    In its petition (P-1695), Veolia requests that PHMSA amend Sec.  
171.8 by adding a definition of ``waste material.'' The purpose of this 
petition is to allow for all waste material, whether or not it meets 
the definition of a hazardous waste according to the EPA's RCRA, to be 
managed in accordance with the lab packs exception and associated 
paragraphs in Sec.  173.12. Currently, lab packs in Sec.  173.12 
provide relief for ``waste materials'' that are being offered for 
disposal and recovery; this has been clarified by PHMSA to only apply 
to ``hazardous wastes'' as defined by the EPA. Veolia believes this 
does not reflect the intention of the regulation, and that adding a 
definition would resolve the issue.
    PHMSA's technical review of the petition supports the petitioner's 
interpretation. When PHMSA codified Sec.  173.12, the intention was to 
apply it to all waste materials, and was not specific to ``hazardous 
wastes.'' PHMSA believes that clarifying this intention to include all 
waste would not lead to a reduction in safety. There are no costs that 
are expected based on the adoption of this petition. The lab pack 
exception offers flexibility for transporting waste materials, but does 
not require changes to business operations or changes to how the waste 
material is ultimately handled. A more detailed discussion of this 
economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in this proposal. In this 
NPRM, PHMSA is proposing to allow waste materials, irrespective of 
whether they meet the definition of a EPA/RCRA hazardous waste to be 
shipped under Sec.  173.12 by adopting a definition of waste material.

16. Incorporation of ASME Code Sections II, VIII, and IX

    In its petition (P-1700), Trinity Containers requests that PHMSA 
IBR the 2017 version of the ASME BPVC, Sections II (Parts A and B, C 
and D), VIII (Division 1), and IX into the HMR. The ASME BPVC is a 
standard for the design and construction of boilers and pressure 
vessels. The petitioner indicates that if changes are not made, ASME 
Code certificate holders will be in violation of the HMR for 
manufacturing cargo tanks, non-specification tanks, and implements of 
husbandry to the ASME Code referenced in Sec.  171.7.
    PHMSA's technical review of this petition found that for 
certificate holders to remain in compliance with ASME, they must follow 
this latest edition of the ASME Code. Currently, the HMR IBRs the 2015 
edition which is already causing issues with compliance if 
manufacturers or repair facilities choose to use the latest edition of 
the ASME Code. Adopting the latest version of the ASME Code would 
ensure that the HMR remains consistent with the best practices used by 
the industry. A review of PHMSA's Civil Penalty Action Reports between 
2015 and 2016 revealed no citations that were like the example provided 
by the petitioner. This suggests that these types of citations are 
infrequent, and that the cost-savings associated with this petition 
would be modest. A more detailed discussion of this economic analysis 
can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in this proposal. Note 
that ASME Code Section V (nondestructive examination) is incorporated 
by reference in the HMR but that ASME Code Section II, Parts C and D 
are not. In this NPRM, PHMSA is proposing to IBR the latest version of 
the ASME BPVC Sections II (Parts A and B), V, VIII (Division 1), and 
IX.

17. Import of Foreign Pi-Marked Cylinders

    In its petition (P-1701), CGA requests that PHMSA modify Sec. Sec.  
171.23, 173.302, and 173.304 to permit the transportation of filled pi-
marked foreign pressure receptacles that comply with applicable ADR 
requirements. Pi-marked pressure receptacles are currently allowed to 
be imported through special permits and approvals. P-1701 requests 
authorization for import, immediate storage, transport to point of use, 
discharge, and export, as well as the import of empty pi-marked foreign 
pressure receptacles for filling, immediate storage, and export. In an 
addendum to the P-1701 petition, Entegris requests additional revisions 
to Sec. Sec.  171.23(a) and 173.302(a)(2) to explicitly ensure that the 
proposed rulemaking is applicable to adsorbed gas packages. The changes 
to Sec.  171.23(a)(3) requested by Entegris are intended to allow for 
domestic sourcing as well as import of empty pi-marked pressure 
receptacles for filling and export.
    PHMSA's technical review did not find any evidence to suggest that 
there would be any changes with respect to risk and safety resulting 
from this proposed regulatory change. The shipping of pi-marked 
cylinders has been allowed for many years through special permits. 
There is limited available market data on the current export of pi-
marked cylinders. The information provided by the petitioner suggests 
that adopting the proposed amendment would not result in a change to 
the number of pi-marked cylinders that are transported or the risk 
profile of the cylinder transportation. Cost savings are expected to be 
minimal, resulting primarily from the potential time savings for 
industry and governments due to the elimination of the need for a 
special permit or approval. A more detailed discussion of this economic 
analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in this proposal. In this 
NPRM, PHMSA is proposing to modify Sec. Sec.  171.23, 173.302, and 
173.304 to permit the import of filled pi-marked foreign pressure 
receptacles for storage incidental to movement, transport to point of 
use, discharge, and export. PHMSA is also proposing to permit the 
transportation of pi-marked foreign pressure receptacles for export, 
including filling and storage incident to movement. In addition, PHMSA 
is proposing to revise Sec. Sec.  171.23(a) and 173.302(a)(2) to 
explicitly ensure that the proposed authorization for pi-marked 
cylinders is applicable to adsorbed gas packages. Finally, to align 
with similar ADR provisions, and increase shipper and carrier awareness 
of the requirements for pi-marked cylinders, we are proposing to 
require a notation on the shipping paper following the basic 
description of the hazardous material certifying compliance with the 
pi-marked cylinder requirements. PHMSA is also proposing

[[Page 41563]]

to IBR the ADR and European Union (EU) ``Directive 2010/35/EU of the 
European Parliament and of the Council'' into Sec.  171.7 of the HMR.

18. Placement of the Word ``Stabilized'' in Shipping Description

    In its petition (P-1706), Evonik requested that PHMSA clarify how 
the word ``stabilized'' should appear when providing the shipping 
description for a hazardous material. There is currently disharmony 
between the IMDG Code and the HMR that causes confusion with respect to 
materials that required the word ``stabilized'' to appear in the proper 
shipping name. The HMR does not allow the word ``stabilized'' to appear 
as part of the proper shipping name. The IMDG Code requires it in 
certain instances. The petitioner claims that this causes needless 
discrepancies for international shipments under the IMDG Code.
    PHMSA's technical review found that hazardous materials that have 
some instability but are not specifically identified or classified as 
self-reactive substances or organic peroxides currently cannot be 
shipped in compliance with both the HMR and the IMDG Code. This 
disharmony causes problems with transportation documents.
    Amending the HMR to allow the use of the word ``stabilized'' in the 
proper shipping name may require manufacturers and shippers to cover 
labor costs related to training and ensuring compliance with this new 
requirement. To the extent that these costs exist, they are expected to 
be negligible. This is because affected entities that engage in 
international commerce are expected to already be aware of the 
requirement, and would simply need to know that international and 
domestic shipments of stabilized materials can be treated the same on 
the shipping paper. A more detailed discussion of this economic 
analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in this proposal. In this 
NPRM, PHMSA is proposing to revise Sec.  172.101(c) to clarify that the 
word ``stabilized'' can be added as part of the proper shipping name.

19. Incorporation by Reference of an IME Standard

    In its petition (P-1710), IME requested that PHMSA incorporate by 
reference the IME/AESC JPG Standard, also called the ``Guide to 
Obtaining DOT Approval of Jet Perforating Guns using AESC/IME 
Perforating Gun Specifications,'' Version 02, dated September 1, 2017. 
IME notes that JPGs use shaped explosive charges to produce a high-
pressure jet that penetrates the liner or casing of a wellbore in order 
to enhance production of oil and gas wells. Testing of early JPG 
systems in 2007 suggested the potential for JPGs to improve flow 
performance by 35 percent. In addition to the IBR, IME proposes that 
PHMSA include a new Sec.  173.67 to outline exceptions for Division 1.1 
JPGs subject to this new IBR material.
    The IME JPG Standard has been used since 2008 by PHMSA to aid in 
the review of EX approval applications for articles meeting the JPG 
Standard templates as either 1.1D or 1.4D. The standard includes 
parameters for 13 JPG designs and requires that the individual 
energetic components (e.g., detonation cord, shaped charges, explosive 
transfer device, etc.) be individually approved. IBR of this standard 
into the HMR would help to ensure the safe and efficient transportation 
of JPGs, and provides adequate safety protocols for the transportation 
of JPGs.
    The economic analysis suggests potential annualized cost savings of 
approximately $360,000 for manufacturers of JPGs compliant with the 
IME/AESC Standard. Additional cost savings are expected for both 
manufacturers and PHMSA due to reduced labor requirements for 
processing applications for EX approvals. A more detailed discussion of 
this economic analysis can be found in the accompanying PRIA.
    Therefore, PHMSA believes there is merit in this proposal. In this 
NPRM, PHMSA is proposing to incorporate this standard into Sec.  171.7 
of the HMR and include a new Sec.  173.67 to outline exceptions for 
Division 1.1 JPGs subject to this new IBR material.

20. Incorporation by Reference of an APA Standard

    In its petition (P-1711), the APA requested PHMSA update references 
in the HMR to incorporate the new version of APA Standard 87-1, 
``Standard for Construction and Approval for Transportation of 
Fireworks, Novelties, and Theatrical Pyrotechnics,'' which is currently 
incorporated by reference in Sec.  171.7(f)(1) of the HMR. The APA 
states that this 2001 edition of the standard needs to be updated, 
because of advances in the fireworks industry over the last 15 years. 
For consumer fireworks, new devices have been developed including 
combination devices, and more devices now contain multiple tubes and 
combinations of effects that were previously limited to single tubes. 
The petitioner elaborates that these new products do not fit into the 
existing classification system under the current standard.
    The National Fireworks Association (NFA) submitted a letter in 
opposition to this petition. The NFA is a domestic fireworks trade 
organization with 1,200 members. In the letter, NFA states that 
proposed changes have a substantial impact on the fireworks industry 
and, in particular, small businesses. In the letter of opposition, NFA 
states that the proposed action ``imposes new restrictions, 
prohibitions, and specifications that do not exist under the current 
standard.'' In a letter to its members, NFA provides an explanation of 
its opposition letter. NFA states that although the revised 87-1A 
standard has ``many good updates, including new design categories that 
would make EX approvals easier for some items,'' the updated standard 
also includes restrictions that are inconsistent with industry 
practices.
    PHMSA is choosing to propose to IBR the new APA standard despite 
NFA's opposition to the petition. NFA objected to PHMSA accepting the 
APA petition on the assertion that the APA petition lacked the 
information described in Sec.  106.100(b) of the HMR. This section only 
states that PHMSA may require more information to evaluate a petition 
for rulemaking; it is not required. In the case of P-1711, PHMSA 
determined that additional information was not necessary to accept the 
petition for rulemaking. The revised APA 87-1 is expected to provide 
clarity to the fireworks industry, while maintaining the composition 
limits developed by PHMSA for classification that are needed to ensure 
the safe transportation of fireworks. Furthermore, PHMSA's decision to 
propose IBR the revised APA standards was informed by its review of the 
explicit requirements for consumer fireworks in APA 87-1A, display 
fireworks in APA 87-1B, and professional fireworks (classed as articles 
pyrotechnics) in APA 87-1C. These standards add numerous new devices, 
expand the permitted chemical list, and focus solely on hazard 
classification for transportation. However, PHMSA will consider 
comments on whether we should move forward with incorporating this 
standard in a final rule. PHMSA estimates that adoption of this 
petition would provide an annualized cost savings of approximately 
$270,000 to industry, through expanding the approval process to reduce 
testing requirements for theatrical pyrotechnics. A more detailed 
discussion of this economic analysis can be found in the accompanying 
PRIA.

[[Page 41564]]

    PHMSA believes there is merit in this proposal. Therefore, PHMSA is 
proposing to incorporate this updated standard into Sec.  171.7 of the 
HMR. However, PHMSA is seeking comments on both what is proposed in the 
APA petition and comments submitted by the NFA on the merits of this 
proposal. All documents related to this petition can be found in the 
petition docket at https://www.regulations.gov/docket?D=PHMSA-2018-0019.

III. Section-by-Section

    Below is a section-by-section description of the changes being 
proposed in this NPRM.

A. Appendix A to Subpart D, Part 107

    Appendix A to Subpart D, of Part 107 sets forth the guidelines 
PHMSA uses (as of October 2, 2013) in making initial baseline 
determinations for civil penalties. In this NPRM, PHMSA is proposing to 
update the references to the APA documents to reflect the proposed new 
versions of the 87-1 Standard.

B. Section 107.402

    Section 107.402 outlines how to submit an application for 
designation as a certification agency. PHMSA is proposing to update a 
reference to the APA documents to reflect the proposed new version of 
the 87-1 Standard in Sec.  107.402(d).

C. Section 171.7

    Section 171.7 lists all standards incorporated by reference into 
the HMR that are not specifically set forth in the regulations. In this 
NPRM, PHMSA is proposing to IBR the following publications by APA, 
ASME, CGA, and IME:
    1. European Agreement concerning the International Carriage of 
Dangerous Goods by Road, 2017, into Sec.  171.23. The ADR outlines the 
European regulations concerning the international carriage of dangerous 
goods by road within the EU, and this publication presents the European 
Agreement, the Protocol Signatures, the annexes, and the amendments. 
The ADR can be found at https://www.unece.org/trans/danger/publi/adr/adr_e.html.
    2. Directive 2010/35/EU of the European Parliament and of the 
council, June 16, 2010, into Sec.  171.23. The aim of Directive 2010/
35/EU of the European Parliament and of the Council on Transportable 
Pressure Equipment (2010 TPED) is to promote the free movement of 
transportable pressure equipment (TPE) within the European Community 
(EC). This directive provides for a legal structure whereby TPE can be 
manufactured, sold, and used throughout the EU. A copy of this 
directive can be found at https://eur-lex.europa.eu/eli/dir/2010/35/oj.
    3. CGA C-11, Recommended Practices for Inspection of Compressed Gas 
Cylinders at Time of Manufacture, 2013, Fifth Edition, into Sec.  
178.35. The purpose of this publication is to promote safety by 
outlining inspection requirements of DOT and UN pressure vessels as 
interpreted and practiced by manufacturers and inspectors. A read-only 
version of this publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
    4. CGA C-6.1, Standards for Visual Inspection of High Pressure 
Aluminum Compressed Gas Cylinders, 2002, Fourth Edition, into 
Sec. Sec.  180.205 and 180.209. This publication has been prepared as a 
guide for the visual inspection of aluminum compressed gas cylinders 
with service pressures of 1800 psig or greater. The publication is 
general in nature and does not cover all circumstances for each 
individual cylinder type or lading. A read-only version of this 
publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
    5. CGA C-6.3, Guidelines for Visual Inspection and Requalification 
of Low Pressure Aluminum Compressed Gas Cylinders, 2013, Third Edition, 
into Sec. Sec.  180.205 and 180.209. This publication has been prepared 
as a guide for the periodic inspection of aluminum alloy compressed gas 
cylinders with service pressures of 500 psi or less. This publication 
is general in nature and will not cover all circumstances for each 
individual cylinder type or lading. A read-only version of this 
publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
    6. CGA S-7, Method for Selecting Pressure Relief Devices for 
Compressed Gas Mixtures in Cylinders, 2013, Fifth Edition, into Sec.  
173.301. This method is applicable to the determination of the PRD to 
use with compressed gas mixtures in cylinders. This method is limited 
to those compressed gas mixtures with known flammability, toxicity, 
state, and corrosively. A read-only version of this publication is 
available for review at https://portal.cganet.com/IBR_Review.aspx.
    7. ASME Boiler and Pressure Vessel Code (ASME Code), 2017 Edition, 
July 1, 2017 (as follows), into Sec. Sec.  172.102; 173.3; 173.5b; 
173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2; 
178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320; 
178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 
178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 
178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 
178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 
178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407. The ASME BPVC is a 
standard that regulates the design and construction of boilers and 
pressure vessels. The document is written and maintained by volunteers 
chosen for their technical expertise, and ASME works as an 
accreditation body and entitles independent third parties such as 
verification, testing, and certification agencies to inspect and ensure 
compliance to the BPVC. A read-only version of this publication is 
available for review at http://go.asme.org/PHMSA-ASME.
    8. IME/AESC JPG Standard, Guide to Obtaining DOT Approval of Jet 
Perforating Guns using AESC/IME Perforating Gun Specifications, Ver. 
02, dated September 1, 2017, into Sec.  173.67. The AESC/IME JPG 
Standard was developed in 2008 by IME, AESC, and PHMSA to provide an 
efficient and economical mechanism to obtain explosives approvals of 
jet perforating guns in compliance with the HMR. Applications that are 
prepared and submitted using the standard are processed by PHMSA with 
minimal delay and without the need for expensive and time-consuming 
testing. A free downloadable copy of this publication can be found at 
https://www.ime.org/uploads/public/PHMSA/UpdateJPGStandard(2018.06.12).pdf.
    9. American Pyrotechnics Association (APA) Standards: 87-1A 
Standard for the Construction, Classification, Approval and 
Transportation of Consumer Fireworks, January 1, 2018 version into 
Sec.  107.402(d), Sec.  173.59, Sec.  173.64, Sec.  173.65, and 
Appendix A to Subpart D of Part 107 (Guidelines for Civil Penalties), 
87-1B Standard for the Construction, Classification, Approval, and 
Transportation of Display Fireworks, January 1, 2018 version into Sec.  
173.64 and Appendix A to Subpart D of Part 107 (Guidelines for Civil 
Penalties). 87-1C Standard for the Construction, Classification, 
Approval, and Transportation of Entertainment Industry and Technical 
(EI&T) Pyrotechnics, January 1, 2018 version into Sec.  173.64 and 
Appendix A to Subpart D of Part 107 (Guidelines for Civil Penalties). 
APA Standard 87-1A, B, and C is a consensus standard in which fireworks 
classifications are assigned based upon the weight and type of chemical 
composition contained for each specific type of device, including 
specific permissible and

[[Page 41565]]

restricted chemicals. A copy of this standard can be found in this 
rulemaking docket at https://www.regulations.gov/docket?D=PHMSA-2017-0120.

D. Section 171.8

    Section 171.8 defines terms generally used throughout the HMR that 
have broad or multi-modal applicability. PHMSA is proposing to add a 
definition for ``waste material'' to allow wastes that do not meet the 
EPA/RCRA definition of hazardous waste to be managed in accordance with 
the lab pack exception and associated paragraphs in Sec.  173.12.

E. Section 171.23

    Section 171.23 covers the requirements for specific materials and 
packagings transported under the ICAO Technical Instructions, IMDG 
Code, Transport Canada TDG Regulations, or the IAEA Regulations. PHMSA 
is proposing to revise Sec.  171.23(a)(3) to allow for the use of 
pressure vessels and pressure receptacles that are marked with a pi 
mark in accordance with the European Directive 2010/35/EU on 
transportable pressure equipment (TPED) and that comply with the 
requirements of Packing Instruction P200, P208 and 6.2.2 of ADR 
concerning PRD use, test period, filling ratios, test pressure, maximum 
working pressure, and material compatibility for the lading contained 
or gas being filled. This proposal would allow for intermediate 
storage, transport to point of use, discharge, and export of pi-marked 
cylinder.

F. Section 172.101

    The HMT is contained in Sec.  172.101. The HMT lists 
alphabetically, by proper shipping name, those materials that have been 
designated hazardous materials for the purpose of transportation. It 
provides information used on shipping papers, package marking, and 
labeling, as well as other pertinent shipping information for hazardous 
materials. In this NPRM, PHMSA is proposing to amend the HMT in the 
following ways.
    PHMSA is proposing to remove reference to SP 103 from Column (7) of 
the HMT for the following four explosive entries ``UN0361, --Detonator 
assemblies, non-electric, for blasting''; ``UN0365, --Detonators for 
ammunition''; ``UN0255, --Detonators, electric, for blasting''; and 
``UN0267, --Detonators, non-electric, for blasting.'' PHMSA is also 
proposing to remove the word ``None'' from Column (8A) for the entry 
``UN0503, Safety Devices, pyrotechnic'' and replacing it with a 
reference to Sec.  173.166 (``166''). Finally, PHMSA is also proposing 
to revise 114 entries to harmonize the limited quantity exceptions in 
Column (8A) with the ICAO Technical Instructions and the UN Model 
Regulations.

G. Section 172.102

    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
contain packaging requirements, prohibitions, and exceptions applicable 
to particular quantities or forms of hazardous materials. Consistent 
with the Sec.  172.101 Column (7) revisions to ``UN0361, --Detonator 
assemblies, non-electric, for blasting''; ``UN0365, --Detonators for 
ammunition''; ``UN0255, --Detonators, electric, for blasting''; and 
``UN0267, --Detonators, non-electric, for blasting,'' in this NPRM, 
PHMSA is proposing to remove SP 103 as it would no longer apply to any 
HMT entry.

H. Section 172.302

    Section 172.302 describes the general marking requirements for bulk 
packagings. In this NPRM, PHMSA is proposing to revise the minimum size 
of the marking requirement on portable tanks in Sec.  172.302(b)(2). 
This revision would require a minimum marking of 12 mm (0.47 inch) in 
height. The minimum size requirement would apply to portable tanks with 
capacities less than 3,785 L (1,000 gallons).

I. Section 173.5b

    Section 173.5b authorizes the transportation by highway of residual 
amounts of Division 2.2 refrigerant gases or anhydrous ammonia 
contained in non-specification pressure vessels that are components of 
refrigeration systems. PHMSA is proposing to remove paragraph (b)(6) to 
indefinitely allow the use of refrigeration systems placed into service 
prior to June 1, 1991 under specified conditions.

J. Section 173.28

    Section 173.28 outlines the requirements for the reuse, 
reconditioning and re-manufacture of packagings. PHMSA is proposing to 
modify language in Sec.  173.28(c)(1)(i) to clarify requirements for 
reconditioning metal drums. PHMSA is proposing to revise Sec.  
173.28(c)(1)(i) to read: ``Cleaning to base material of construction, 
with all former contents and internal and external corrosion removed, 
and any external coatings and labels sufficiently substantially removed 
to the extent that tightly adherent paint, mill scale, and rust remain 
on no more than 10 percent of each unit's surface area.''

K. Section 173.31

    Section 173.31 outlines the requirements for shipping hazardous 
materials in tank cars. In this NPRM, PHMSA is proposing to prohibit 
the use of tank cars that were manufactured using non-normalized steel 
for head or shell construction for the transportation of PIH materials 
after December 31, 2020. PHMSA is also proposing the phase-out of all 
non-HM-246 compliant tank cars for the transportation of PIH materials 
by December 31, 2027.

L. Section 173.56

    Section 173.56 outlines the definitions and procedures for the 
classification and approval of a new explosive. PHMSA is proposing to 
add a reference to a new paragraph in Sec.  173.67, which would apply 
to exceptions for Division 1.1 JPGs.

M. Section 173.59

    Section 173.59 outlines the description of terms for explosives. 
PHMSA is proposing to update a reference to the APA documents in the 
definition for consumer firework.

N. Section 173.64

    Section 173.64 outlines the exceptions for Division 1.3 and 1.4 
fireworks. PHMSA is proposing to update a reference to the APA 
documents in Sec.  173.64(a)(1) and (3).

O. Section 173.65

    Section 173.65 outlines the exceptions for Division 1.4G consumer 
fireworks. PHMSA is proposing to update a reference to the APA 
documents in Sec.  173.65(a)(1), (a)(3)(i), and (a)(4)(iv).

P. Section 173.67

    PHMSA is proposing to add a new Sec.  173.67 to outline exceptions 
for Division 1.1 JPGs.

Q. Section 173.151

    Section 173.151 outlines exceptions for Class 4 materials. PHMSA is 
proposing to edit the limited quantities provisions in this section to 
present limited quantities in appropriate SI units in liters in 
addition to kilograms.

R. Section 173.244

    Section 173.244 outlines the requirements for bulk packaging for 
certain pyrophoric liquids, dangerous when wet (Division 4.3) 
materials, and poisonous liquids with inhalation hazards (Division 
6.1). PHMSA is proposing to modify the list of

[[Page 41566]]

authorized tank car specifications in the table of PIH materials (Sec.  
173.244(a)(2)) by replacing the last specification delimiter ``I'' with 
``W'' to reflect the change of the interim tank car standard to a 
permanent standard.

S. Section 173.302

    Section 173.302 outlines the requirements for the filling of 
cylinders with nonliquefied (permanent) compressed gases or adsorbed 
gases. In this NPRM, PHMSA is proposing to revise Sec.  173.302(a)(1) 
to refer to exceptions in Sec.  171.23(a)(3) for the importation of pi-
marked cylinders. PHMSA is also proposing to revise Sec.  173.302(a)(2) 
to allow adsorbed gases the exceptions provided in Sec.  171.23(a)(3).

T. Section 173.304

    Section 173.304 outlines the requirements for the filling of 
cylinders with liquefied compressed gases. In this NPRM, PHMSA is 
proposing to revise Sec.  173.304(a) to refer to exceptions in Sec.  
171.23(a)(3) for the importation of pi-marked cylinders.

U. Section 173.308

    Section 173.308 outlines the requirements for the shipment of 
lighters. In this NPRM, PHMSA is proposing to delete Sec.  
173.308(d)(3), which requires a closed transport vehicle or closed 
freight container being transported by vessel to contain the marking, 
``WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION 
SOURCES AWAY WHEN OPENING.''

V. Section 173.314

    Section 173.314 outlines the requirements for transporting 
compressed gases in tank cars and multi-unit tank cars. PHMSA is 
proposing to modify the table in Sec.  173.314(c), which lists the 
authorized tank car specifications for specific compressed gases. The 
changes replace the last specification delimiter ``I'' with ``W'' to 
reflect the change of the interim HM-246 tank car specification 
standard for PIH materials to a permanent standard.

W. Section 178.35

    Section 178.35 prescribes the manufacturing and testing 
specifications for cylinders used for the transportation of hazardous 
materials in commerce. PHMSA is proposing to modify Sec.  178.35(b) and 
(c) to clarify inspection requirements as stipulated in CGA C-11.

X. Section 178.521

    Section 178.521 prescribes the requirements for paper bags used as 
non-bulk packagings for hazardous materials. In this NPRM, PHMSA is 
proposing to revise Sec.  178.521(b)(4) to allow for a weight tolerance 
of 10 percent from the nominal basis weight reported in the 
initial design qualification test report instead of 5 
percent.

Y. Section 179.22

    Section 179.22 specifies additional marking requirements for tank 
cars. In this NPRM, PHMSA is proposing to modify Sec.  179.22(e) to 
replace the letter ``I'' with the letter ``W'' to facilitate making the 
interim HM-246 tank car specification standards permanent for the 
transportation of PIH materials by rail.

Z. Section 180.417

    Section 180.417 prescribes the reporting and record retention 
requirements pertaining to cargo tanks. Currently Sec.  
180.417(a)(3)(i) and Sec.  180.417(a)(3)(ii) allow the use of 
alternative reports when a manufacturer's certificate and related 
papers are not available for DOT specification cargo tanks that were 
manufactured before September 1, 1995. PHMSA is proposing to remove the 
provision that limits alternative reports to those DOT specification 
cargo tanks ``manufactured before September 1, 1995'' from Sec.  
180.417(a)(3).

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is published under the authority of Federal 
Hazardous Materials Transportation Law (Federal hazmat law; 49 U.S.C. 
5101 et seq.), which authorizes the Secretary of Transportation to 
``prescribe regulations for the safe transportation, including 
security, of hazardous materials in intrastate, interstate, and foreign 
commerce.'' The Secretary has delegated the authority granted in the 
Federal Hazardous Materials Law to the PHMSA Administrator at 49 CFR 
1.97. This rulemaking proposes to amend several sections of the HMR in 
response to 24 petitions for rulemaking received from the regulated 
community.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

Background
    In this NPRM, PHMSA is responding to 24 petitions that have been 
submitted by the public in accordance with the Administrative Procedure 
Act (5 U.S.C. 553(e)) and PHMSA's rulemaking procedure regulations (49 
CFR 106.95). Overall, this rulemaking maintains the continued safe 
transportation of hazardous materials while producing a net cost 
savings. PHMSA's findings are summarized here and described in further 
detail in the preliminary Regulatory Impact Analysis (PRIA), which can 
be found in the regulatory docket (Docket ID: PHMSA-2017-0120) at 
www.regulations.gov.
Summary of Findings
    PHMSA estimates a present value of quantified net cost savings of 
approximately $1.74 million annualized at a 7 percent discount rate. 
These estimates do not include non-monetized and qualitative cost/cost 
savings discussed in the PRIA.
    PHMSA's cost/cost savings analysis relies on the monetization of 
impacts for four petitions included in this rulemaking. All of these 
petitions have annualized cost savings. The following table presents a 
summary of the four petitions that would have monetized impacts upon 
codification and contribute to PHMSA's estimation of quantified net 
cost savings.

                    Table 1--Summary of Cost/Cost Savings of Petitions for Regulatory Reform
----------------------------------------------------------------------------------------------------------------
                                   Monetized costs/(cost savings) by petition
-----------------------------------------------------------------------------------------------------------------
                                                                                    Total cost      Annualized
                  Petition #                             Petition topic               savings      cost savings
                                                                                    (millions)      (millions)
----------------------------------------------------------------------------------------------------------------
P-1677........................................  Mobile Refrigerator Units.......          $14.40           $1.00
P-1688........................................  Weight Tolerances for Paper                 1.60            0.11
                                                 Shipping Sacks.
P-1710........................................  Incorporation of an Institute of            5.10            0.36
                                                 Makers of Explosives (IME)
                                                 Standard.
P-1711........................................  Incorporation of American                   3.90            0.27
                                                 Pyrotechnic Association
                                                 Standard.
                                                                                 -------------------------------

[[Page 41567]]

 
    Total.....................................  ................................           25.00            1.74
----------------------------------------------------------------------------------------------------------------

    In addition to these four items, PHMSA described an additional 19 
items that are deregulatory in nature but lack of monetization of their 
cost savings impacts. While information gaps prevent quantification of 
cost savings for these items, PHMSA believes that they provide relief 
from unnecessary requirements or provide additional flexibility, and 
therefore should be considered deregulatory in nature.
Conclusion
    In conclusion, this NPRM is not considered a significant regulatory 
action within the meaning of Executive Order 12866 (E.O. 12866) and DOT 
policies and procedures. See 44 FR 11034 (Feb. 26, 1979). PHMSA made 
this determination by finding that the economic effects of this 
regulatory action would not have an effect on the economy that exceeds 
the $100 million annual threshold defined by E.O. 12866 and that the 
regulatory action is not otherwise significant. PHMSA estimates a 
present value of quantified net cost savings of approximately $25 
million over a perpetual time horizon and $1.74 million annualized at a 
7 percent discount rate. Please see the PRIA in the regulatory docket 
for additional detail and a description of PHMSA's methods and 
calculations.

C. Executive Order 13771

    This proposed rule is expected to be an E.O. 13771 deregulatory 
action. Details on the estimated cost savings of this proposed rule can 
be found in the rule's economic analysis.

D. Executive Order 13132

    This rulemaking was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism'') and the 
presidential memorandum (``Preemption'') that was published in the 
Federal Register on May 22, 2009 [74 FR 24693]. Executive Order 13132 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' This 
rulemaking may preempt State, local, and Tribal 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 hazmat law (49 U.S.C. 5101-5128) contains an express 
preemption provision [49 U.S.C. 5125(b)] that preempts State, local, 
and Indian tribal requirements on the following subjects:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule addresses covered subject items above and 
preempts State, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard. This proposed rule is necessary to 
provide cost savings and regulatory flexibility to the regulated 
community. This rulemaking proposes to address 24 petitions for 
rulemaking submitted by the regulated community. PHMSA invites those 
with an interest in the issues presented in this NPRM to comment on the 
effect that the adoption of specific proposals may have on State or 
local governments.

E. Executive Order 13175

    This rulemaking was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Executive Order 13175 
requires agencies to assure meaningful and timely input from Indian 
tribal government representatives in the development of rules that 
significantly or uniquely affect Tribal communities by imposing 
``substantial direct compliance costs'' or ``substantial direct 
effects'' on such communities or the relationship and distribution of 
power between the Federal Government and Indian tribes. PHMSA does not 
view this rulemaking as having substantial tribal implications. 
Therefore, the funding and consultation requirements of Executive Order 
13175 do not apply.
    However, we invite Indian tribal governments to provide comments on 
the costs and effects that this or a future rulemaking could 
potentially have on Tribal communities.

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

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Flexibility Fairness Act of 1996, requires Federal 
regulatory agencies to prepare an Interim Regulatory Flexibility 
Analysis (IRFA) for any NPRM subject to notice-and-comment rulemaking 
under the Administrative Procedure Act unless the agency head certifies 
that the rule would not have a significant economic impact on a 
substantial number of small entities. While PHMSA expects that this 
proposed rule would facilitate new technologies or other changes that 
provide safety equivalence at lower cost, streamline or reduce 
recordkeeping and other paperwork and reporting requirements, and 
address other changes to reduce the regulatory burden of the hazardous 
materials regulations (HMR), PHMSA has limited data on how the proposed 
rule would impact small entities. Therefore, PHMSA prepared an IRFA 
which is available in the docket for the rulemaking.

G. Paperwork Reduction Act

    This NPRM does not impose new information collection requirements. 
Depending on the results of our request

[[Page 41568]]

for comments to this NPRM, there may be a decrease in the annual burden 
and costs under OMB-proposed changes to incorporate provisions 
contained in certain widely used or longstanding special permits with 
an established safety record.
    PHMSA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this NPRM.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this NPRM. We must receive comments regarding 
information collection burdens prior to the close of the comment period 
identified in the DATES section of this NPRM.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulatory and 
Deregulatory Actions (``Unified Agenda''). 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.

I. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$160.8 million or more, adjusted for inflation, to either State, local, 
or tribal governments, in the aggregate, or to the private sector in 
any one year, and is the least burdensome alternative that achieves the 
objective of the rule.

J. 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 would 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.
Need for the Proposed Action
    In response to petitions for rulemaking submitted by the regulated 
community, PHMSA proposes to amend the Hazardous Materials Regulations 
(HMR; 49 CFR parts 171-180) to update, clarify, or provide relief from 
miscellaneous regulatory requirements. Specifically, PHMSA is proposing 
amendments that include, but are not limited to, the following: 
Incorporating by Reference (IBR) multiple publications from both the 
CGA, IME, the American Society of Mechanical Engineers (ASME) and the 
APA; Phase-out of non-normalized steel for transportation of PIH 
materials, harmonizing the limited quantity exceptions for more than 
100 entries for corrosive materials in the HMT, allowing for the 
continued use of Portable and Mobile Refrigerator Systems placed into 
service prior to 1991 that are rated to a minimum service pressure of 
250 pounds per square inch (psi), revising the basis weight tolerance 
for paper shipping sacks, and allowing non-EPA waste to be managed in 
accordance with the Lab Pack exception.
    These amendments are intended to promote safety and provide clarity 
and regulatory relief. The proposed changes were identified in response 
to petitions from stakeholders affected by the HMR. These proposed 
minor changes would clarify the HMR and enhance safety, while offering 
some net economic benefits.
    This action is necessary to: (1) Fulfill our statutory directive to 
promote transportation safety; (2) fulfill our statutory directive 
under the Administrative Procedure Act that 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)); (3) support governmental 
efforts to eliminate unnecessary burdens on the regulated community; 
(4) address safety concerns raised by petitioners and remove identified 
regulatory ambiguity; and (5) simplify and clarify the regulations in 
order to promote understanding and compliance.
    These regulatory revisions would offer more efficient and effective 
ways of achieving the PHMSA goal of safe and secure transportation, 
protecting both people and the environment, of hazardous materials in 
commerce.
Alternatives
    In proposing this rulemaking, PHMSA is considering the following 
alternatives:
Alternative 1: No Action
    If PHMSA chose this alternative, it would not proceed with any 
rulemaking on this subject and the current regulatory standards would 
remain in effect. This option would not address outstanding petitions 
for rulemaking. We rejected the no action alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in 
This NPRM
    This alternative is the current proposal as it appears in this 
NPRM, applying to transport of hazardous materials by highway, rail, 
vessel, and aircraft. The proposed amendments encompassed in this 
alternative are more fully addressed in the preamble and regulatory 
text sections of the NPRM.
Probable Environmental Impacts of the Alternatives
    When developing potential regulatory requirements, PHMSA evaluates 
those requirements to consider the environmental impact of each 
amendment. Specifically, PHMSA evaluates the: Risk of release and 
resulting environmental impact; risk to human safety, including any 
risk to first responders; longevity of the packaging; and 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 regulatory changes proposed 
in this rulemaking have been determined to be clarification, 
technology/design updates, harmonization, regulatory flexibility, 
standard incorporation, or editorial in nature. As such, these 
amendments have little or no impact on: The risk of release and 
resulting environmental impact; human safety; or longevity of the 
packaging. None of these amendments would be carried out in a defined 
geographic area, i.e., this is a nationwide rulemaking.
Alternative 1: No Action
    If PHMSA were to select the No Action Alternative, current 
regulations would remain in place, and no new provisions would be 
added. However, efficiencies gained through harmonization in updates to 
transport standards, lists of regulated substances, definitions, 
packagings, markings requirements, shipper requirements, modal 
requirements, etc., would not be realized. Foregone efficiencies in the 
No Action Alternative also include freeing up limited resources to 
concentrate on hazardous materials transportation issues of potentially 
much greater environmental impact. Not adopting the proposed 
environmental and safety requirements in the NPRM under the No Action 
Alternative would result in a lost opportunity for reducing negative 
environmental and safety-related

[[Page 41569]]

impacts. Greenhouse gas emissions would remain the same under the No 
Action Alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in 
This NPRM:
    The Preferred Alternative encompasses enhanced and clarified 
regulatory requirements, which would result in increased compliance and 
fewer negative environmental and safety impacts. The table below 
summarizes the possible environmental benefits, and any potential 
negative impacts, for the amendments proposed in the NPRM.

         Summary of Probable Environmental Impacts by Amendments
------------------------------------------------------------------------
                                                           Probable
  Proposed amendment(s) to HMR          Type of          environmental
   (lettered as above herein)        amendment(s)          impact(s)
                                                          anticipated
------------------------------------------------------------------------
A. Phase-Out of Non-Normalized    Regulatory          No impacts--
 Tank Cars Used to Transport       Flexibility.        slightly positive
 Poison by Inhalation (PIH)                            benefits.
 material.
B. Limited Quantity Shipments of  Regulatory          No impacts.
 Hydrogen Peroxide.                Flexibility--Harm
                                   onization.
C. Markings on Portable Tanks...  Regulatory          No impacts.
                                   Flexibility.
D. Reconditioning of Metal Drums  Regulatory          No impacts.
                                   Flexibility.
E. Limited Quantity               Regulatory          No impacts.
 Harmonization.                    Flexibility--Harm
                                   onization.
F. Mobile Refrigeration Units...  Regulatory          No impacts.
                                   Flexibility.
G. Incorporation by Reference of  Standard            No impacts.
 Compressed Gas Association        Incorporation.
 (CGA) Standards.
H. Special Provision for          Regulatory          No impacts.
 Explosives.                       Flexibility.
I. EX Numbers and Safety Devices  Regulatory          No impacts.
                                   Flexibility.
J. Cargo Tank Reports...........  Regulatory          No impacts.
                                   Flexibility.
K. Weight Tolerances for Paper    Regulatory          No impacts.
 Shipping Sacks.                   Flexibility.
L. Markings on Closed Transport   Regulatory          No impacts.
 Containers.                       Flexibility.
M. Finalization of the HM-246     Regulatory          No impacts--
 Tank Car Standard.                Flexibility.        slightly positive
                                                       benefits.
N. Phase-out of non-HM-246 Tank   Harmonization.....  No impacts--
 Cars.                                                 positive
                                                       benefits.
O. Allow Non-RCRA Waste to Use    Regulatory          No impacts.
 Lab Pack Exception.               Flexibility.
P. Incorporation of ASME Code     Standard            No impacts.
 Sections II, VIII, and IX.        Incorporation.
Q. Import of Foreign              Regulatory          No impacts.
 Pi[dash]Marked Cylinders.         Flexibility--Harm
                                   onization.
R. Use of Alternative             Regulatory          No impacts.
 Leakproofness Test.               Flexibility.
S. Placement of the word          Regulatory          No impacts.
 ``stabilized'' in shipping        Flexibility.
 description.
T. Incorporation of an Institute  Standard            No impacts.
 of Makers of Explosives (IME)     Incorporation.
 Standard.
U. Incorporation of American      Standard            No impacts.
 Pyrotechnic Association           Incorporation.
 Standard.
------------------------------------------------------------------------

Agencies Consulted
    This NPRM would affect some PHMSA stakeholders, including hazardous 
materials shippers and carriers by highway, rail, vessel, and aircraft, 
as well as package manufacturers and testers. PHMSA sought comment from 
the following Federal Agencies and modal partners:

 Federal Aviation Administration
 Federal Motor Carrier Safety Administration
 Federal Railroad Administration
 U.S. Coast Guard

    PHMSA did not receive any adverse comments on the amendments 
proposed in this NPRM from these Federal Agencies.
Conclusion
    The proposed amendments are intended to update, clarify, or provide 
relief from certain existing regulatory requirements to promote safer 
transportation practices; eliminate unnecessary regulatory 
requirements; facilitate international commerce; and make these 
requirements easier to understand. These proposed amendments, if 
adopted, would foster a greater level of compliance with the HMR 
because they offer clarity and regulatory flexibility, making it easier 
for the regulated community to comply with the HMR. Accordingly, the 
net environmental impact of this proposal would be slightly positive.
    The provisions of this proposed rule build on current regulatory 
requirements to enhance the transportation safety and security of 
shipments of hazardous materials transported by highway, rail, aircraft 
and vessel, thereby reducing the risks of an accidental or intentional 
release of hazardous materials and consequent environmental damage. 
PHMSA believes that there are no non-negligible environmental impacts 
associated with this proposed rule.
    PHMSA welcomes any views, data, or information related to 
environmental impacts that may result if the proposed requirements are 
adopted, as well as possible alternatives and their environmental 
impacts.

K. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

L. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' 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. See 77 FR 
26413 (May 4, 2012). 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. This proposed rule does

[[Page 41570]]

not negatively impact international trade.

M. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') [66 FR 
28355; May 22, 2001] requires Federal agencies to prepare a Statement 
of Energy Effects for any ``significant energy action.'' Under the 
executive order, a ``significant energy action'' is defined as any 
action by an agency (normally published in the Federal Register) that 
promulgates, or is expected to lead to the promulgation of, a final 
rule or regulation (including a notice of inquiry, ANPRM, and NPRM) 
that: (1)(i) Is a significant regulatory action under Executive Order 
12866 or any successor order, and (ii) is likely to have a significant 
adverse effect on the supply, distribution, or use of energy; or (2) is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action.
    PHMSA does not anticipate that this rulemaking would result in 
significant energy action, but welcomes any data or information related 
to energy impacts that may result from this NPRM, as well as possible 
alternatives and their energy impacts. Please describe the impacts and 
the basis for the comment.

N. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs Federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standards bodies. This NPRM 
involves multiple voluntary consensus standards which are listed in 
Sec.  171.7.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Incorporation by reference, Packaging and containers, 
Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 178

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

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Motor vehicle safety, Packaging and containers, 
Railroad safety, Reporting and recordkeeping requirements.
    In consideration of the foregoing, we are proposing to amend 49 CFR 
Chapter I as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 
and 1.97.

0
2. In Appendix A to Subpart D of Part 107, in the List of Frequently 
Cited Violations, revise the references for the APA documents in 
``Offeror Requirements--Specific hazardous materials'' in section B.2 
to read as follows:

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

* * * * *

------------------------------------------------------------------------
                                      Section  or
       Violation description             cite        Baseline assessment
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
           Offeror Requirements--Specific hazardous materials
------------------------------------------------------------------------
 
                              * * * * * * *
B. Class 1--Explosives:
    1. Failure to mark the package         172.320  $1,000.
     with the EX number for each
     substance contained in the
     package or, alternatively,
     indicate the EX number for
     each substance in association
     with the description on the
     shipping description.
    2. Offering an unapproved              173.54,  ....................
     explosive for transportation:.     173.56(b).
        a. Division 1.4 fireworks   ..............  5,000.
         meeting the chemistry
         requirements of APA
         Standard 87-1A.
        b. Division 1.3 fireworks   ..............  7,500.
         meeting the chemistry
         requirements of APA
         Standard 87-1A.
        c. All other explosives     ..............  12,500 and up.
         (including forbidden).
    3. Offering an unapproved              173.54,  ....................
     explosive for transportation       173.56(b).
     that minimally deviates from
     an approved design in a
     manner that does not impact
     safety:.
        a. Division 1.4...........  ..............  3,000.
        b. Division 1.3...........  ..............  4,000.
        c. All other explosives...  ..............  6,000.
    4. Offering a leaking or            173.54(c).  ....................
     damaged package of explosives
     for transportation:.

[[Page 41571]]

 
        a. Division 1.3 and 1.4...  ..............  12,500.
        b. All other explosives...  ..............  16,500.
    5. Offering a Class 1 material    173.60(b)(5)  15,000.
     that is fitted with its own
     means of ignition or
     initiation, without providing
     protection from accidental
     actuation.
    6. Packaging explosives in the          173.61  9,300.
     same outer packaging with
     other materials.
    7. Transporting a detonator on   177.835(g)(3)  10,000.
     the same vehicle as
     incompatible materials using
     the approved method listed in
     177.835(g)(3) without meeting
     the requirements of IME
     Standard 22.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
3. In Sec.  107.402, revise introductory text in paragraph (d) to read 
as follows:


Sec.  107.402  Application for designation as a certification agency.

* * * * *
    (d) Fireworks Certification Agency. Prior to reviewing, and 
certifying Division 1.4G consumer fireworks (UN0336) for compliance 
with the APA Standard 87-1A (IBR, see Sec.  171.7 of this chapter) as 
specified in part 173 of this chapter, a person must apply to, and be 
approved by, the Associate Administrator to act as a Fireworks 
Certification Agency.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
5. In Sec.  171.7 revise paragraphs (f), (g), (n)(4), (n)(6), (n)(9), 
(n)(20), (p) and paragraph (r) introductory text; and add paragraphs 
(r)(3), and (dd)(4) to read as follows:


Sec.  171.7171.7  Reference material.

* * * * *
    (f) American Pyrotechnics Association (APA), P.O. Box 30438, 
Bethesda, MD 20824, (301) 907-8181, www.americanpyro.com.
    (1) APA Standard 87-1A: Standard for the Construction, 
Classification, Approval and Transportation of Consumer Fireworks, 
January 1, 2018 version into Sec. Sec.  107.402(d); 173.59; 173.64; 
173.65; and appendix A to subpart D of part 107 (Guidelines for Civil 
Penalties).
    (2) APA Standard 87-1B: Standard for the Construction, 
Classification, Approval, and Transportation of Display Fireworks, 
January 1, 2018 version into Sec.  173.64 and appendix A to subpart D 
of part 107 (Guidelines for Civil Penalties).
    (3) APA Standard 87-1C: Standard for the Construction, 
Classification, Approval, and Transportation of Entertainment Industry 
and Technical (EI&T) Pyrotechnics, January 1, 2018 version into Sec.  
173.64 and appendix A to subpart D of part 107 (Guidelines for Civil 
Penalties).
    (g) The American Society of Mechanical Engineers (ASME), 150 Clove 
Road, Little Falls, NJ 07424-2139, telephone: 1-800-843-2763, http://www.asme.org.
    (1) ASME Boiler and Pressure Vessel Code (ASME Code), 2017 Edition, 
July 1, 2017 (as follows), into Sec. Sec.  172.102; 173.3; 173.5b; 
173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2; 
178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320; 
178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 
178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 
178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 
178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 
178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407:
    (i) Section II--Materials--Part A--Ferrous Materials 
Specifications.
    (ii) Section II--Materials--Part B--Nonferrous Material 
Specifications.
    (iii) Section V--Nondestructive Examination.
    (iv) Section VIII--Rules for Construction of Pressure Vessels 
Division 1.
    (v) Section IX--Welding, Brazing, and Fusing Qualifications.
* * * * *
    (n) * * *
* * * * *
    (4) CGA C-6.1, Standards for Visual Inspection of High Pressure 
Aluminum Compressed Gas Cylinders, 2013, Sixth Edition, into Sec. Sec.  
180.205; 180.209.
* * * * *
    (6) CGA C-6.3, Guidelines for Visual Inspection and Requalification 
of Low Pressure Aluminum Compressed Gas Cylinders, 2013, Third Edition 
into Sec. Sec.  180.205; 180.209.
* * * * *
    (9) CGA C-11, Recommended Practices for Inspection of Compressed 
Gas Cylinders at Time of Manufacture, 2013, Fifth Edition, into Sec.  
178.35.
* * * * *
    (20) CGA S-7, Method for Selecting Pressure Relief Devices for 
Compressed Gas Mixtures in Cylinders, 2013, Fifth Edition, into Sec.  
173.301.
* * * * *
    (p) Directive 2010/35/EU of the European Parliament and of the 
Council, June 16, 2010, into Sec.  171.23.
* * * * *
    (r) Institute of Makers of Explosives, 1212 New York Ave NW #650, 
Washington, DC 20005.
* * * * *
    (3) IME/AESC JPG Standard, Guide to Obtaining DOT Approval of Jet 
Perforating Guns using AESC/IME Perforating Gun Specifications, Ver. 
02, dated September 1, 2017, into Sec.  173.67.
* * * * *
    (dd) * * *
* * * * *
    (4) European Agreement concerning the International Carriage of 
Dangerous Goods by Road, 2017, into Sec.  171.23.
* * * * *
0
6. In Sec.  171.8, add the definition for ``waste material'' in 
alphabetical order to read as follows:


Sec.  171.8171.8   Definitions and abbreviations.

* * * * *
    Waste material means, for the purposes of lab pack requirements in 
Sec.  173.12 of this subchapter, all hazardous materials which are 
destined for disposal or recovery, and not so limited to only those 
defined as a hazardous waste in this section.
* * * * *
0
7. In Sec.  171.23, revise paragraph (a) to read as follows:

[[Page 41572]]

Sec.  171.23   Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (a) Conditions and requirements for cylinders and pressure 
receptacles. (1) Except as provided in this paragraph (a), a filled 
cylinder (pressure receptacle) manufactured to other than a DOT 
specification or a UN standard in accordance with part 178 of this 
subchapter, a DOT exemption or special permit cylinder, a TC, CTC, CRC, 
or BTC cylinder authorized under Sec.  171.12, or a cylinder used as a 
fire extinguisher in conformance with Sec.  173.309(a) of this 
subchapter, may not be transported to, from, or within the United 
States.
    (2) Cylinders (including UN pressure receptacles) transported to, 
from, or within the United States must conform to the applicable 
requirements of this subchapter. Unless otherwise excepted in this 
subchapter, a cylinder must not be transported unless--
    (i) The cylinder is manufactured, inspected and tested in 
accordance with a DOT specification or a UN standard prescribed in part 
178 of this subchapter, or a TC, CTC, CRC, or BTC specification set out 
in the Transport Canada TDG Regulations (IBR, see Sec.  171.7), except 
that cylinders not conforming to these requirements must meet the 
requirements in paragraph (a)(3), (4), or (5) of this section;
    (ii) The cylinder is equipped with a pressure relief device in 
accordance with Sec.  173.301(f) of this subchapter and conforms to the 
applicable requirements in part 173 of this subchapter for the 
hazardous material involved;
    (iii) The openings on an aluminum cylinder in oxygen service 
conform to the requirements of this paragraph, except when the cylinder 
is used for aircraft parts or used aboard an aircraft in accordance 
with the applicable airworthiness requirements and operating 
regulations. An aluminum DOT specification cylinder must have an 
opening configured with straight (parallel) threads. A UN pressure 
receptacle may have straight (parallel) or tapered threads provided the 
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E, 
18P, or 25P'' and fitted with the properly marked valve; and
    (iv) A UN pressure receptacle is marked with ``USA'' as a country 
of approval in conformance with Sec. Sec.  178.69 and 178.70 of this 
subchapter, or ``CAN'' for Canada.
    (3) Pi-marked pressure receptacles. Pressure receptacles that are 
marked with a pi mark in accordance with the European Directive 2010/
35/EU on transportable pressure equipment (TPED) and that comply with 
the requirements of Packing Instruction P200 or P208 and 6.2.2 of the 
Agreement Concerning the International Carriage of Dangerous Goods by 
Road (ADR) concerning pressure relief device (PRD) use, test period, 
filling ratios, test pressure, maximum working pressure, and material 
compatibility for the lading contained or gas being filled, are 
authorized as follows:
    (i) Import: Filled pressure receptacles may be imported into the 
United States, transported to point of use, including storage 
incidental to movement, and discharged and exported.
    (ii) Export: Pressure receptacle may be filled with a gas in the 
United States and offered for transportation and transported, including 
storage incidental to movement, for export.
    (iii) The bill of lading or other shipping paper must identify the 
cylinder and include the following certification: ``This cylinder has 
(These cylinders have) conform to the requirements for pi-marked 
cylinders found in 171.23(a)(3).''
    (4) Importation of cylinders for discharge within a single port 
area. A cylinder manufactured to other than a DOT specification or UN 
standard in accordance with part 178 of this subchapter, or a TC, CTC, 
BTC, or CRC specification cylinder set out in the Transport Canada TDG 
Regulations (IBR, see Sec.  171.7), and certified as being in 
conformance with the transportation regulations of another country may 
be authorized, upon written request to and approval by the Associate 
Administrator, for transportation within a single port area, provided--
    (i) The cylinder is transported in a closed freight container;
    (ii) The cylinder is certified by the importer to provide a level 
of safety at least equivalent to that required by the regulations in 
this subchapter for a comparable DOT, TC, CTC, BTC, or CRC 
specification or UN cylinder; and
    (iii) The cylinder is not refilled for export unless in compliance 
with paragraph (a)(5) of this section.
    (5) Filling of cylinders for export or for use on board a vessel. A 
cylinder not manufactured, inspected, tested and marked in accordance 
with part 178 of this subchapter, or a cylinder manufactured to other 
than a UN standard, DOT specification, exemption or special permit, or 
other than a TC, CTC, BTC, or CRC specification, may be filled with a 
gas in the United States and offered for transportation and transported 
for export or alternatively, for use on board a vessel, if the 
following conditions are met:
    (i) The cylinder has been requalified and marked with the month and 
year of requalification in accordance with subpart C of part 180 of 
this subchapter, or has been requalified as authorized by the Associate 
Administrator;
    (ii) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved; and
    (iii) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''
    (6) Cylinders not equipped with pressure relief devices. A DOT 
specification or a UN cylinder manufactured, inspected, tested and 
marked in accordance with part 178 of this subchapter and otherwise 
conforms to the requirements of part 173 of this subchapter for the gas 
involved, except that the cylinder is not equipped with a pressure 
relief device may be filled with a gas and offered for transportation 
and transported for export if the following conditions are met:
    (i) Each DOT specification cylinder or UN pressure receptacle must 
be plainly and durably marked ``For Export Only'';
    (ii) The shipping paper must carry the following certification: 
``This cylinder has (These cylinders have) been retested and refilled 
in accordance with the DOT requirements for export.''; and
    (iii) The emergency response information provided with the shipment 
and available from the emergency response telephone contact person must 
indicate that the pressure receptacles are not fitted with pressure 
relief devices and provide appropriate guidance for exposure to fire.
* * * * *

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

0
8. The authority citation for part 172 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.

0
9. In Sec.  172.101, add paragraph (c)(17) and amend the Hazardous 
Materials Table to revise entries under ``[REVISE]'' in the appropriate 
alphabetical sequence to read as follows:

[[Page 41573]]

Sec.  172.101   Purpose and use of the hazardous materials table.

* * * * *
    (c) * * *
    (17) Unless it is already included in the proper shipping name in 
the Sec.  172.101 Table, the qualifying word ``stabilized'' may be 
added in association with the proper shipping name, as appropriate, 
where without stabilization the substance would be forbidden for 
transportation according to Sec.  173.21(f) of this subchapter.
* * * * *
BILLING CODE 4909-60-P

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Sec.  172.102  [Amended]

0
10. In Sec.  172.102, in paragraph (c)(1) remove special provision 103.
0
11. In Sec.  172.302, revise paragraph (b)(2) to read as follows:


Sec.  172.302   General marking requirements for bulk packagings.

* * * * *
    (b) * * *
    (2) Have a width of at least 4.0 mm (0.16 inch) and a height of at 
least 12 mm (0.47 inch) for portable tanks with capacities of less than 
3,785 L (1,000 gallons) and a width of at least 4.0 mm (0.16 inch) and 
a height of 25 mm (one inch) for IBCs; and
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.

0
13. In Sec.  173.5b, revise paragraph (b) to read as follows:


Sec.  173.5b   Portable and mobile refrigeration systems.

* * * * *
    (b) Refrigeration systems placed into service prior to June 1, 
1991. (1) For refrigeration systems placed into service prior to June 
1, 1991, each pressure vessel and associated piping must be rated at a 
MAWP of not less than 250 psig. During transportation, pressure in the 
components that are part of the evaporating line may not exceed 150 
psig.
    (2) Each pressure vessel and associated piping that is part of the 
evaporating line must be marked ``LOW SIDE'' in a permanent and clearly 
visible manner. The evaporating line must have a pressure gauge with 
corresponding temperature markings mounted in a manner that is easily 
readable when standing on the ground. The gauge must be permanently 
marked or tagged ``SATURATION GAUGE.''
    (3) Each pressure vessel and associated piping containing liquid 
anhydrous ammonia must be isolated using appropriate means from piping 
and components marked ``LOW SIDE.''
    (4) Prior to transportation, each pressure vessel and associated 
piping must be relieved of enough gaseous lading to ensure that the 
MAWP is not exceeded at transport temperatures up to 54 [deg]C (130 
[deg]F).
* * * * *
0
14. In Sec.  173.28, revise (c)(1)(i) to read as follows:


Sec.  173.28   Reuse, reconditioning and remanufacture of packagings.

* * * * *
    (c) * * *
    (1) * * *
    (i) Cleaning to base material of construction, with all former 
contents and internal and external corrosion removed, and any external 
coatings and labels substantially removed to the extent that tightly 
adhering paint, mill scale, and rust may remain on no more than 10 
percent of each unit's surface area;
* * * * *
0
15. In Sec.  173.31, revise paragraph (e) to read as follows;


Sec.  173.31   Use of tank cars.

* * * * *
    (e) Special requirements for poisonous by inhalation (PIH) 
material. (1) Interior heater coils. Tank cars used for PIH material 
may not have interior heater coils.
    (2) Tank car specifications. A tank car used for a PIH material 
must have a tank test pressure of 20.7 Bar (300 psig) or greater, head 
protection, and a metal jacket (e.g., DOT 105S300W), except that--
    (i) A higher test pressure is required if otherwise specified in 
this subchapter; and
    (ii) Each tank car constructed on or after March 16, 2009, and used 
for the transportation of PIH materials must meet the applicable 
authorized tank car specifications and standards listed in Sec.  
173.244(a)(2) or (3) and Sec.  173.314(c) or (d).
    (iii) A tank car owner retiring or otherwise removing a tank car 
from service transporting PIH material, other than because of damage to 
the car, must retire or remove cars constructed of non-normalized steel 
in the head or shell before removing any car in service transporting 
PIH materials constructed of normalized steel meeting the applicable 
DOT specification.
    (3) After December 31, 2020, tank cars manufactured with non-
normalized steel for head or shell construction may not be used for the 
transportation of PIH material.
    (4) After December 31, 2027, tank cars not meeting the HM-246 tank 
car standard may not be used for the transportation of PIH material.
* * * * *
0
16. In Sec.  173.56, revise paragraph (b) introductory text to read as 
follows:


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

* * * * *
    (b) Examination, classification and approval. Except as provided in 
Sec. Sec.  173.64, 173.65, and 173.67, no person may offer a new 
explosive for transportation unless that person has specified to the 
examining agency the ranges of composition of ingredients and 
compounds, showing the intended manufacturing tolerances in the 
composition of substances or design of articles which will be allowed 
in that material or device, and unless it has been examined, classed 
and approved as follows:
* * * * *
0
17. In Sec.  173.59, revise the definition for consumer fireworks to 
read as follows:


Sec.  173.59   Description of terms for explosives.

* * * * *
    Consumer firework. Any finished firework device that is in a form 
intended for use by the public that complies with any limits and 
requirements of the APA Standard 87-1A (IBR, see Sec.  171.7 of this 
subchapter) and the construction, performance, chemical composition, 
and labeling requirements codified by the U.S. Consumer Product Safety 
Commission in 16 CFR parts 1500 and 1507. A consumer firework does not 
include firework devices, kits or components banned by the U.S. 
Consumer Product Safety Commission in 16 CFR 1500.17(a)(8).
* * * * *
0
18. In Sec.  173.64, revise paragraphs (a)(1) and (3) to read as 
follows:


Sec.  173.64   Exceptions for Division 1.3 and 1.4 fireworks.

    (a) * * *
    (1) The fireworks are manufactured in accordance with the 
applicable requirements in APA Standard 87-1A, 87-1B, and 87-1C (IBR, 
see Sec.  171.7 of this subchapter);
    * * *
    (3) The manufacturer applies in writing to the Associate 
Administrator following the applicable requirements in APA Standard 87-
1A, 87-1B, and 87-1C and is notified in writing by the Associate 
Administrator that the fireworks have been classed, approved, and 
assigned an EX number. Each application must be complete and include 
all relevant background data and copies of all applicable drawings, 
test results, and any other pertinent information on each device for 
which approval is being requested. The manufacturer must sign the 
application and certify that the device for which approval is requested 
conforms to APA Standard 87-1, that the descriptions and technical 
information contained in the application are complete and accurate,

[[Page 41591]]

and that no duplicate application has been submitted to a fireworks 
certification agency. If the application is denied, the manufacturer 
will be notified in writing of the reasons for the denial. The 
Associate Administrator may require that the fireworks be examined by 
an agency listed in Sec.  173.56(b)(1) of this part.
* * * * *
0
19. In Sec.  173.65, revise paragraphs (a)(1), (a)(3)(i), and 
(a)(4)(iv) to read as follows:


Sec.  173.65   Exceptions for Division 1.4G consumer fireworks.

    (a) * * *
    (1) The fireworks are manufactured in accordance with the 
applicable requirements in APA Standard 87-1A (IBR, see Sec.  171.7 of 
this subchapter);
* * * * *
    (3) * * *
    (i) Certified that it complies with APA Standard 87-1A, and meets 
the requirements of this section; and
* * * * *
    (4) * * *
    (iv) Signed certification declaring that the device for which 
certification is requested conforms to the APA Standard 87-1A, that the 
descriptions and technical information contained in the application are 
complete and accurate, and that no duplicate applications have been 
submitted to PHMSA. If the application is denied, the Fireworks 
Certification Agency must notify the manufacturer in writing of the 
reasons for the denial. As detailed in the DOT-approval issued to the 
Fireworks Certification Agency, following the issuance of a denial from 
a Fireworks Certification Agency, a manufacturer may seek 
reconsideration from the Fireworks Certification Agency, or may appeal 
the reconsideration decision of the Fireworks Certification Agency to 
PHMSA's Associate Administrator.
* * * * *
0
20. Add Sec.  173.67 to read as follows:


Sec.  173.67   Exceptions for Division 1.1 jet perforating guns.

    (a) Notwithstanding the requirements of Sec.  173.56(b), Division 
1.1 jet perforating guns may be classed and approved by the Associate 
Administrator without prior examination and offered for transportation 
if the following conditions are met:
    (1) The jet perforating guns are manufactured in accordance with 
the applicable requirements in IME/AESC JPG Standard (IBR, see Sec.  
171.7 of this subchapter);
    (2) The jet perforating gun must be of a type described in the IME/
AESC JPG Standard;
    (3) The applicant applies in writing to the Associate Administrator 
following the applicable requirements in the IME/AESC JPG Standard, and 
is notified in writing by the Associate Administrator that the jet 
perforating gun has been classed, approved, and assigned an EX number. 
Each application must be complete and include all relevant background 
data, the applicable drawings, and any other pertinent information as 
described in the IME/AESC JPG Standard on each jet perforating gun for 
which approval is being requested. The manufacturer must sign the 
application and certify that the jet perforating gun for which approval 
is requested conforms to the IME/AESC JPG Standard and that the 
descriptions and technical information contained in the application are 
complete and accurate. If the application is denied, the applicant will 
be notified in writing of the reasons for the denial. The Associate 
Administrator may require that the jet perforating gun be examined as 
provided under Sec.  173.56(b)(1).
    (b) [Reserved]
* * * * *
0
21. In Sec.  173.151, revise paragraphs (b)(1)(i) and (ii) to read as 
follow:


Sec.  173.151   Exceptions for Class 4

* * * * *
    (b) * * *
    (1) * * *
    (i) For flammable solids in Packing Group II, inner packagings not 
over 1.0 kg (2.2 pounds) or 1 L (0.3 gallon) net capacity each, packed 
in a strong outer packaging.
    (ii) For flammable solids in Packing Group III, inner packagings 
not over 5.0 kg (11 pounds) or 0.5 L (1.3 gallon) net capacity each, 
packed in a strong outer packaging.
* * * * *
0
22. In Sec.  173.244, revise paragraph (a)(2) table to read as follows:


Sec.  173.244   Bulk packaging for certain pyrophoric liquids (Division 
4.2), dangerous when wet (Division 4.3) materials, and poisonous 
liquids with inhalation hazards (Division 6.1).

* * * * *
    (a) * * *
    (2) * * *

                       Table 1 to paragraph (a)(2)
------------------------------------------------------------------------
                                               Authorized tank car
          Proper shipping name                    specification
------------------------------------------------------------------------
Acetone cyanohydrin, stabilized (Note    105J500W
 1).                                     112J500W
Acrolein (Note 1)......................  105J600W
Allyl Alcohol..........................  105J500W
                                         112J500W
Bromine................................  105J500W
Chloropicrin...........................  105J500W
                                         112J500W
Chlorosulfonic acid....................  105J500W
                                         112J500W
Dimethyl sulfate.......................  105J500W
                                         112J500W
Ethyl chloroformate....................  105J500W
                                         112J500W
Hexachlorocyclopentadiene..............  105J500W
                                         112J500W
Hydrocyanic acid, aqueous solution or    105J500W
 Hydrogen cyanide, aqueous solution      112J500W
 with not more than 20% hydrogen
 cyanide (Note 2).
Hydrogen cyanide, stabilized (Note 2)..  105J600W
Hydrogen fluoride, anhydrous...........  105J500W
                                         112J500W
Poison inhalation hazard, Zone A         105J600W
 materials not specifically identified
 in this table.

[[Page 41592]]

 
Poison inhalation hazard, Zone B         105J500W
 materials not specifically identified   112J500W
 in this table.
Phosphorus trichloride.................  105J500W
                                         112J500W
Sulfur trioxide, stabilized............  105J500W
                                         112J500W
Sulfuric acid, fuming..................  105J500W
                                         112J500W
Titanium tetrachloride.................  105J500W
                                         112J500W
------------------------------------------------------------------------
Note 1: Each tank car must have a reclosing pressure relief device
  having a start-to-discharge pressure of 10.34 Bar (150 psig).
  Restenciling to a lower test pressure is not authorized.
Note 2: Each tank car must have a reclosing pressure relief device
  having a start-to-discharge pressure of 15.51 Bar (225 psig).
  Restenciling to a lower test pressure is not authorized.

* * * * *
0
23. In Sec.  173.302, revise paragraph (a) to read as follows:


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

    (a) General Requirements. (1) Except as provided in Sec.  
171.23(a)(3) of this subchapter, a cylinder filled with a non-liquefied 
compressed gas (except gas in solution) must be offered for 
transportation in accordance with the requirements of this section and 
Sec.  173.301 of this subpart. In addition, a DOT specification 
cylinder must meet the requirements in Sec. Sec.  173.301a, 173.302a, 
and 173.305 of the subpart, as applicable. UN pressure receptacles must 
meet the requirements in Sec. Sec.  173.301b and 173.302b of this 
subpart, as applicable. Where more than one section applies to a 
cylinder, the most restrictive requirements must be followed.
    (2) Adsorbed gas. Except as provided in Sec.  171.23(a)(3) of this 
subchapter, a cylinder filled with an adsorbed gas must be offered for 
transportation in accordance with the requirements of paragraph (d) of 
this section, and Sec. Sec.  173.301, and 173.302c of this subpart. UN 
cylinders must meet the requirements in Sec. Sec.  173.301b and 
173.302b of this subpart, as applicable. Where more than one section 
applies to a cylinder, the most restrictive requirements must be 
followed.
* * * * *
0
24. In Sec.  173.304, revise paragraph (a) introductory text to read as 
follows:


Sec.  173.304   Filling of cylinders with liquefied compressed gases.

    (a) General requirements. Except as provided in Sec.  171.23(a)(3) 
of this subchapter, a cylinder filled with a liquefied compressed gas 
(except gas in solution) must be offered for transportation in 
accordance with the requirements of this section and the general 
requirements in Sec.  173.301 of this subpart. In addition, a DOT 
specification cylinder must meet the requirement in Sec. Sec.  
173.301a, 173.304a, and 173.305 of this subpart, as applicable. UN 
pressure receptacles must be shipped in accordance with the 
requirements in Sec. Sec.  173.301b and 173.304b of this subpart, as 
applicable.
* * * * *
0
25. In Sec.  173.308, revise paragraph (d) to read as follows:


Sec.  173.308   Lighters.

* * * * *
    (d) Shipping paper and marking requirements. (1) In addition to the 
requirements of subpart C of part 172, shipping papers must be 
annotated with the lighter design test report identifier (see paragraph 
(b)(4)(i)(C) of this section) traceable to the test report assigned to 
the lighters or, if applicable, the previously issued approval number 
(i.e., T***), in association with the basic description.
    (2) In addition to the requirements of subpart D of part 172, a 
lighter design test report identifier (see paragraph (b)(4)(i)(C) of 
this section) or, if applicable, the previously issued approval number 
(i.e., T***), must be marked on a package containing lighters.
* * * * *
0
26. In Sec.  173.314, in paragraph (c), revise the table to read as 
follows:


Sec.  173.314   Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Authorized tank car
         Proper shipping name             Outage and filling      Authorized tank car    specification (see note
                                         limits (see note 1)      class (see note 11)              12)
----------------------------------------------------------------------------------------------------------------
Ammonia, anhydrous, or ammonia         Notes 2, 10............  105, 112, 114, 120.....  105J500W, 112J500W
 solutions >50 percent ammonia.
                                       Note 3.................  106....................  .......................
Ammonia solutions with >35 percent,    Note 3.................  105, 109, 112, 114, 120  .......................
 but <=50 percent ammonia by mass.
Argon, compressed....................  Note 4.................  107....................  .......................
Boron trichloride....................  Note 3.................  105, 106...............  .......................
Carbon dioxide, refrigerated liquid..  Note 5.................  105....................  .......................
Chlorine.............................  Note 6.................  105....................  105J600W
                                       125....................  106....................  .......................
Chlorine trifluoride.................  Note 3.................  106, 110...............  .......................
Chlorine pentafluoride...............  Note 3.................  106, 110...............  .......................
Dimethyl ether.......................  Note 3.................  105, 106, 110, 112,      .......................
                                                                 114, 120.
Dimethylamine, anhydrous.............  Note 3.................  105, 106, 112..........  .......................
Dinitrogen tetroxide, inhibited......  Note 3.................  105, 106, 112..........  105J500W

[[Page 41593]]

 
Division 2.1 materials not             Notes 9, 10............  105, 106, 110, 112,      .......................
 specifically identified in this                                 114, 120.
 table.
Division 2.2 materials not             Note 3.................  105, 106, 109, 110,      .......................
 specifically identified in this                                 112, 114, 120.
 table.
Division 2.3 Zone A materials not      None...................  See Sec.   173.245.....  105J600W
 specifically identified in this
 table.
Division 2.3 Zone B materials not      Note 3.................  105, 106, 110, 112,      105J600W
 specifically identified in this                                 114, 120.
 table.
Division 2.3 Zone C materials not      Note 3.................  105, 106, 110, 112,      105J500W
 specifically identified in this                                 114, 120.
 table.
Division 2.3 Zone D materials not      Note 3.................  105, 106, 109, 110,      105J500W, 112J500W
 specifically identified in this                                 112, 114, 120.
 table.
Ethylamine...........................  Note 3.................  105, 106, 110, 112,      .......................
                                                                 114, 120.
Helium, compressed...................  Note 4.................  107....................  .......................
Hydrogen.............................  Note 4.................  107....................  .......................
Hydrogen chloride, refrigerated        Note 7.................  105....................  105J600W, 112S600W
 liquid.
Hydrogen sulfide.....................  Note 3.................  105, 106, 110, 112,      105J600W
                                                                 114, 120.
Hydrogen sulfide, liquefied..........  68.....................  106....................  .......................
Methyl bromide.......................  Note 3.................  105, 106...............  105J500W
Methyl chloride......................  Note 3.................  105, 106, 112..........  .......................
Methyl mercaptan.....................  Note 3.................  105, 106...............  105J500W
Methylamine, anhydrous...............  Note 3.................  105, 106, 112..........  .......................
Nitrogen, compressed.................  Note 4.................  107....................  .......................
Nitrosyl chloride....................  124....................  105....................  105J500W
                                       110....................  106....................  .......................
Nitrous oxide, refrigerated liquid...  Note 5.................  105....................  .......................
Oxygen, compressed...................  Note 4.................  107....................  .......................
Phosgene.............................  Note 3.................  106....................  .......................
Sulfur dioxide, liquefied............  125....................  105, 106, 110..........  105J500W
Sulfuryl fluoride....................  120....................  105....................  .......................
Vinyl fluoride, stabilized...........  Note 8.................  105....................  .......................
----------------------------------------------------------------------------------------------------------------
Notes: 1. The percent filling density for liquefied gases is hereby defined as the percent ratio of the mass of
  gas in the tank to the mass of water that the tank will hold. For determining the water capacity of the tank
  in kilograms, the mass of 1 L of water at 15.5 [deg]C in air is 1 kg. (the mass of one gallon of water at 60
  [deg]F in air is 8.32828 pounds).
2. The liquefied gas must be loaded so that the outage is at least two percent of the total capacity of the tank
  at the reference temperature of 46 [deg]C (115 [deg]F) for a noninsulated tank; 43 [deg]C (110 [deg]F) for a
  tank having a thermal protection system incorporating a metal jacket that provides an overall thermal
  conductance at 15.5 [deg]C (60 [deg]F) of no more than 10.22 kilojoules per hour per square meter per degree
  Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 41 [deg]C (105 [deg]F)
  for an insulated tank having an insulation system incorporating a metal jacket that provides an overall
  thermal conductance at 15.5 [deg]C (60 [deg]F) of no more than 1.5333 kilojoules per hour per square meter per
  degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential.
3. The requirements of Sec.   173.24b(a) apply.
4. The gas pressure at 54.44 [deg]C (130 [deg]F.) in any non-insulated tank car may not exceed \7/10\ of the
  marked test pressure, except that a tank may be charged with helium to a pressure 10 percent in excess of the
  marked maximum gas pressure at 54.44 [deg]C (130 [deg]F.) of each tank.
5. The liquid portion of the gas at -17.77 [deg]C (0 [deg]F.) must not completely fill the tank.
6. The maximum permitted filling density is 125 percent. The quantity of chlorine loaded into a single unit-tank
  car may not be loaded in excess of the normal lading weights nor in excess of 81.65 Mg (90 tons).
7. 89 percent maximum to 80.1 percent minimum at a test pressure of 6.2 Bar (90 psig).
8. 59.6 percent maximum to 53.6 percent minimum at a test pressure of 7.2 Bar (105 psig).
9. For a liquefied petroleum gas, the liquefied gas must be loaded so that the outage is at least one percent of
  the total capacity of the tank at the reference temperature of 46 [deg]C (115 [deg]F) for a noninsulated tank;
  43 [deg]C (110 [deg]F) for a tank having a thermal protection system incorporating a metal jacket that
  provides an overall thermal conductance at 15.5 [deg]C (60 [deg]F) of no more than 10.22 kilojoules per hour
  per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential;
  and 41 [deg]C (105 [deg]F) for an insulated tank having an insulation system incorporating a metal jacket that
  provides an overall thermal conductance at 15.5 [deg]C (60 [deg]F) of no more than 1.5333 kilojoules per hour
  per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature
  differential.
10. For liquefied petroleum gas and anhydrous ammonia, during the months of November through March (winter), the
  following reference temperatures may be used: 38 [deg]C (100 [deg]F) for a noninsulated tank; 32 [deg]C (90
  [deg]F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall
  thermal conductance at 15.5 [deg]C (60 [deg]F) of no more than 10.22 kilojoules per hour per square meter per
  degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 29 [deg]C (85
  [deg]F) for an insulated tank having an insulation system incorporating a metal jacket and insulation that
  provides an overall thermal conductance at 15.5 [deg]C (60 [deg]F) of no more than 1.5333 kilojoules per hour
  per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature
  differential. The winter reference temperatures may only be used for a tank car shipped directly to a consumer
  for unloading and not stored in transit. The offeror of the tank must inform each customer that the tank car
  was filled based on winter reference temperatures. The tank must be unloaded as soon as possible after March
  in order to retain the specified outage and to prevent a release of hazardous material which might occur due
  to the tank car becoming liquid full at higher temperatures.
11. For materials poisonous by inhalation, the single unit tank car tanks authorized are only those cars
  approved by the Tank Car Committee for transportation of the specified material and built prior to March 16,
  2009.
12. Except as provided by paragraph (d) of this section, for materials poisonous by inhalation, fusion-welded
  tank car tanks built on or after March 16, 2009 used for the transportation of the PIH materials noted, must
  meet the applicable authorized tank car specification and must be equipped with a head shield as prescribed in
  Sec.   179.16(c)(1).

* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
27. The authority citation for part 178 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
28. In Sec.  178.35, revise paragraphs (b)(2) and (c) as follows:

[[Page 41594]]

Sec.  178.35   General requirements for specification cylinders.

* * * * *
    (b) * * *
    (2) For DOT Specifications 3B, 3BN, 3E, 4B, 4BA, 4B240ET, 4AA480, 
4L, 8, 8AL, 4BW, 4E, 4D (with a water capacity less than 1,100 cubic 
inches) and Specification 39 (with a marked service pressure 900 psig 
or lower) and manufactured within the United States, a competent 
inspector of the manufacturer.
    (c) Duties of inspector. The inspector shall determine that each 
cylinder made is in conformance with the applicable specification. 
Inspections shall conform to CGA C-11 (IBR, see Sec.  171.7 of this 
subchapter) except as otherwise specified in the applicable 
specification.
    (1) Seamless cylinders shall be inspected in accordance with 
Section 5 of CGA C-11. For cylinders made by the billet-piercing 
process, billets must be inspected and shown to be free from piping 
(laminations), cracks, excessive segregation and other injurious 
defects after parting or, when applicable, after nick and cold break.
    (2) Welded cylinders shall be inspected in accordance with Section 
6 of CGA C-11. Note: The recommended locations for test specimens are 
depicted in Figures 1 through 5 in appendix A to subpart C of part 178.
    (3) Non-refillable cylinders shall be inspected in accordance with 
Section 7 of CGA C-11.
    (4) Inspector's report. The inspector shall prepare a report 
containing, at a minimum, the applicable information listed in CGA C-
11. Any additional information or markings that are required by the 
applicable specification must be shown on the test report. The 
signature of the inspector on the reports certifies that the processes 
of manufacture and heat treatment of cylinders were observed and found 
satisfactory. The inspector must furnish the completed test reports 
required by this subpart to the maker of the cylinder and, upon 
request, to the purchaser. The test report must be retained by the 
inspector for 15 years from the original test date of the cylinder.
* * * * *
0
29. In Sec.  178.521, revise paragraph (b)(4) as follows:


Sec.  178.521   Standards for paper bags.

* * * * *
    (b) * * *
    (4) UN5M1 and UN5M2 multi-wall paper bags that have paper wall 
basis weights that vary by not more than plus or minus 10 percent from 
the nominal basis weight reported in the initial design qualification 
test report.

PART 179--SPECIFICATIONS FOR TANK CARS

0
30. The authority citation for part 179 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
31. In Sec.  179.22, revise paragraph (e) as follows:


Sec.  179.22   Marking.

* * * * *
    (e) Each tank car manufactured after March 16, 2009 to meet the 
requirements of Sec.  173.244(a)(2) or (3) or Sec.  173.314(c) or (d) 
that is marked with the letter ``I'' in the specification marking, 
following the test pressure, shall be re-marked with the letter ``W'' 
at the tank car's next qualification. (Example: DOT 105J600I would be 
re-marked as 105J600W.)

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
32. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
33. In Sec.  180.417, revise paragraph (a)(3) introductory text to read 
as follows:


Sec.  180.417   Reporting and record retention requirements.

* * * * *
    (a) * * *
    (3) DOT Specification cargo tanks.
* * * * *

    Issued in Washington, DC, on July 31, 2019, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2019-16675 Filed 8-13-19; 8:45 am]
 BILLING CODE 4909-60-P


