[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 83366-83403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23353]



[[Page 83365]]

Vol. 85

Monday,

No. 245

December 21, 2020

Part IV





 Department of Transportation





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 Pipeline and Hazardous Materials Safety Administration





49 Parts 106, 107, et al.





Hazardous Materials: Editorial Corrections and Clarifications; Final 
Rule

  Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / 
Rules and Regulations  

[[Page 83366]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179, 
and 180

[Docket No. PHMSA-2018-0082 (HM-260A)]
RIN 2137-AF43


Hazardous Materials: Editorial Corrections and Clarifications

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors and improves the 
clarity of certain provisions in the Hazardous Materials Regulations 
and PHMSA program and procedural regulations. The intended effect of 
this rulemaking is to enhance the accuracy and reduce misunderstandings 
of the regulations. The amendments contained in this final rule are 
non-substantive changes and do not impose new requirements.

DATES: This final rule is effective January 20, 2021.

FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and 
Rulemaking Division, Office of Hazardous Materials Safety, (202) 366-
8553, PHMSA, East Building, PHH-10, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Clarifying the Use of the Term ``Movement'' Within the HMR
III. Section-by-Section Review of Changes
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
    G. Unfunded Mandates Reform Act
    H. Paperwork Reduction Act
    I. Environmental Assessment
    J. Regulation Identifier Number (RIN)
    K. Executive Order 13609 and International Trade Analysis

I. Background

    PHMSA reviews annually the Hazardous Materials Regulations (HMR; 49 
Code of Federal Regulations (CFR) parts 171-180), as well as its 
program and procedural regulations to cure typographical errors, 
outdated addresses or other contact information, incorrect reference 
citations, and similar errors, which introduce confusion and lack of 
clarity for the reader. In this final rule, PHMSA is correcting 
typographical errors, incorrect regulatory references and citations, 
inaccurate office address(es), inconsistent use of terminology, 
misstatements of certain regulatory requirements, and inadvertent 
omissions of information. Further, within the scope of this rulemaking, 
PHMSA is revising the HMR and procedural regulations to make them 
easier to understand. For example, PHMSA frequently issues letters of 
clarification on the HMR at the request of stakeholders. Where 
opportunities present themselves, PHMSA adopts non-substantive 
clarifications into the regulations for the general benefit of 
regulated entities. Finally, the intended effect of this final rule is 
to enhance accuracy and reduce misunderstandings of the regulations. 
The amendments contained in this final rule are non-substantive changes 
that do not impose new requirements such that solicitation of public 
comment is unnecessary. Therefore, the final rule will be effective 
January 20, 2021.

II. Clarifying the Use of the Term ``Movement'' Within the HMR

    Throughout the HMR, the term ``movement'' is used to describe a 
change in position or ``shifting'' of a package or its contents (i.e., 
inner packagings) in provisions that refer to handling or stowage on a 
transport vehicle to protect against damage to the package during 
transportation. However, ``movement'' is specifically defined in Sec.  
171.8 as ``the physical transfer of a hazardous material from one 
geographic location to another by rail car, aircraft, motor vehicle, or 
vessel.'' In this context, use of the term ``movement'' is not 
appropriate when prescribing requirements for the safe handling or 
stowage of packages during transportation. Therefore, PHMSA is revising 
each instance of ``movement'' to either ``shifting'' or--for Sec. Sec.  
173.31, 174.67, 176.89--``motion'' where the intended meaning is a 
change in position of the package or its contents rather than physical 
transfer of the package to a different geographic location. These 
changes are in the following sections:
172.102(c)(1) and (c)(3)--Special Provisions 384, 386, and B131(d); 
173.3; 173.24; 173.31; 173.134; 173.150; 173.159; 173.166; 173.185; 
173.219; 173.220; 173.222; 173.301b; 173.306; 173.308; 173.315; 174.67; 
175.10, 176.89, 176.200; and 176.906.

III. Section-by-Section Review of Changes

    In addition to the specific changes noted in Section II, the 
following is a section-by-section summary of the minor editorial 
corrections and clarifications made in this final rule. PHMSA is also 
making minor technical corrections throughout the HMR to align cross-
references with current practice.

Part 106

    The authority to transport hazardous materials (hazmat) under the 
Federal Hazmat Transportation law is codified in 49 U.S.C. 5101 et seq. 
(Federal hazmat law). Previously, the statutory authority for HMR part 
106 only referenced 49 U.S.C. 5101 through 5127. PHMSA is revising the 
referenced statutory authority for 49 CFR part 106 to include all 
sections of the Federal hazmat law, 49 U.S.C. 5101 through 5128. 
Additionally, PHMSA is updating the reference to its delegated 
authority by deleting 49 CFR 1.53 and adding 49 CFR 1.81 and 1.97. 
These changes accurately reference the sections in 49 CFR part 1 where 
the Secretary delegates authority to the PHMSA Administrator.

Part 107

Section 107.117
    This section provides emergency processing information. PHMSA is 
updating the Federal Aviation Administration (FAA) office name and 
contact information in Sec. Sec.  107.117(d)(1) and (d)(2).
Section 107.125
    This section provides the criteria to submit an appeal to the 
Associate Administrator. Section 107.125(a)(1) ends by repeating the 
text of paragraph (a)(2). PHMSA is removing the repetitive text from 
paragraph (a)(1). Specifically, the text ``(2) state in detail any 
alleged errors of fact and law'' is removed.
Section 107.329
    This section establishes the maximum civil penalty requirements for 
violations of the Federal hazmat law. PHMSA created a new paragraph (c) 
to this section in the final rule, ``Oil Spill Response Plans and 
Information Sharing for High-Hazard Flammable Trains,'' 84 FR 6910 
(Feb. 28, 2019). The final rule stated that ``[a]ny owner, operator, or 
person found to have violated a response plan or provision of 33 U.S.C. 
1321(j), or any regulation or order issued thereunder, is subject to an 
administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 
40 CFR

[[Page 83367]]

19.4.'' However, paragraph (c) was inadvertently deleted in a 
subsequent Department-wide final rule, ``Revisions to Civil Penalty 
Amounts,'' 84 FR 37059 (Jul. 31, 2019), which was issued by the Office 
of the Secretary in accordance with the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 
129 Stat. 599, codified at 28 U.S.C. 2461 note. PHMSA is reinserting 
paragraph (c) to correct for its inadvertent deletion.

Part 171

Section 171.8
    This section contains definitions for terms used in the HMR. PHMSA 
is revising the definition of ``reportable quantity'' to include a 
reference to ``Appendix A'' to the Hazardous Materials Table (HMT) at 
Sec.  172.101 and the specific table columns within Appendix A's 
tables. The current definition refers to ``the appendix;'' however, 
there are two appendices to the HMT: Appendix A, List of Hazardous 
Substances and Reportable Quantities, and Appendix B, List of Marine 
Pollutants. PHMSA now revises Sec.  171.8 to clarify that it references 
``Appendix A'' to the HMT. Further, since Appendix A to the HMT 
contains two tables that list reportable quantity in different column 
locations, PHMSA is making clear in Sec.  171.8 that the reportable 
quantity in Table 1 comes from Column 2 and the reportable quantity in 
Table 2 comes from Column 3.
Section 171.16
    This section provides the requirements for detailed hazardous 
materials incident reports. PHMSA is revising and updating the FAA 
office name and contact information. Specifically, in paragraph (b)(2), 
the office name has changed from ``Security Field Office'' to 
``Regional Office.'' In addition, the contact and website information 
are included to make it easier to locate the nearest FAA Regional 
Office.

Part 172

Section 172.101
    This section contains the HMT and explanatory text for each of the 
columns in the table. PHMSA makes corrections to the HMT information as 
follows:

--In a final rule published January 19, 2011, HM-215K [76 FR 3308], 
PHMSA amended ``UN1655, Nicotine compounds, solid, n.o.s. or Nicotine 
preparations, solid, n.o.s.,'' by adding a ``G'' in Column (1). 
However, there are now two table entries for ``UN1655,'' one with the 
``G'' in Column (1) and one without. Because the entry for ``UN1655'' 
without the ``G'' and its assigned values was mistakenly added in the 
HMT, PHMSA is removing the table entry without the ``G.'' Furthermore, 
for the entry with the ``G'' in Column (1), PHMSA is revising the 
proper shipping name to include a period at the end. As it reads 
currently, there is no period at the end of the ``n.o.s'' for 
``Nicotine preparations.''
--In a final rule published January 19, 2011, HM-215K [76 FR 3308], the 
table entry for ``UN1810, Phosphorous oxychloride'' was amended to 
harmonize with international regulations as a Division 6.1 primary 
hazard material. The spelling of the hazardous material, ``Phosphorus 
oxychloride'' was inadvertently changed to ``Phosphorous oxychloride.'' 
PHMSA is revising the spelling of the material back to ``Phosphorus 
oxychloride'' for consistency with other phosphorus compounds listed in 
the table, with international standards, and because the entry is 
assigned a ``+'' in Column (1) which fixes the proper shipping to what 
is listed in the table.
--For ``UN3291, Regulated medical waste, n.o.s. or Clinical waste, 
unspecified, n.o.s. or (BIO) Medical waste, n.o.s., or Biomedical 
waste, n.o.s. or Medical waste, n.o.s.,'' PHMSA is italicizing the 
``or(s)'' in the hazardous materials description in Column (2) as the 
proper shipping name was removed and replaced with the current name 
featuring unitalicized ``or(s)'' in HM-215I [71 FR 78596], published 
December 29, 2006. The word ``or'' is not part of the proper shipping 
name and under Sec.  172.101(c)(2), an ``or'' in italics indicates that 
there is a choice of proper shipping names.
--In a final rule published January 1, 2009, HM-215J [74 FR 2200], 
PHMSA amended the HMT entry for ``UN1046, Helium, compressed,'' by 
adding ``307'' to Column (8A) for reference to Sec.  173.307 packaging 
exceptions for compressed gases, but the amendment contained formatting 
errors and ``307'' is still not in Column (8A). Therefore, in this 
final rule, PHMSA is adding ``307'' to Column (8A) for this table 
entry.
--In a final rule published June 2, 2016, HM-218H [81 FR 35483], PHMSA 
removed the packing group (PG) designation for ``NA0337, Toy Caps.'' 
However, in doing so, PHMSA inadvertently removed Special Provision 
382, which was assigned to this entry in a final rule published on 
January 21, 2016, HM-233F [81 FR 3636]. Therefore, PHMSA is adding 
Special Provision 382 back to Column (7) for ``NA0337'' to correct the 
error.
--In a final rule published June 21, 2001, HM-215D [66 FR 33316], PHMSA 
amended the entry ``NA8001, Dangerous Goods in Machinery or Dangerous 
Goods in Apparatus'' to read ``UN3363, Dangerous Goods in Machinery or 
Dangerous Goods in Apparatus'' with a classification as a Class 9 
hazard. However, PHMSA did not include a ``9'' for the label code in 
Column (6) of the HMT, which reflects the hazard Class or Division 
assigned in Column (3). Therefore, in the interest of clarity, 
consistency, and to harmonize with international standards and 
regulations, PHMSA is modifying this entry to reflect a Class 9 label 
code. In addition, PHMSA is addressing a typo by removing a period 
after the letter ``A'' in Column (10A).
--In a final rule published December 29, 1994, HM-215A [59 FR 67390], 
the Research and Special Programs Administration (RSPA), PHMSA's 
predecessor agency, added ``UN3252, Difluoromethane'' to the HMT with a 
reference to ``302'' in Column (8B) for authorized non-bulk packaging. 
This reference was an inadvertent transcription error and should have 
instead referenced ``304.'' Section 173.302 outlines authorized 
packaging and filling requirements for non-liquefied (permanent) 
compressed or absorbed gases (e.g., Argon). However, ``UN3252, 
Difluoromethane or Refrigerant gas R32'' is a liquefied compressed gas 
and would therefore be subject to the packaging and filling 
requirements found in Sec.  173.304 for liquefied compressed gases and 
not the inapplicable requirements found in Sec.  173.302. Therefore, 
PHMSA is correcting the table entry for ``UN3252'' to reflect ``304'' 
in Column (8B) and for consistency with other refrigerant gas entries 
in the table that refer to ``304'' (e.g., Refrigerant gas R 404A).

    Further, PHMSA is making the following minor edits to HMT entries 
which include, but are not limited to, removing extra spaces, removing 
or adding punctuations, and adding the correct unit of measure:

--For ``UN2672, Ammonia solution, relative density between 0.880 and 
0.957 at 15 degrees C in water, with more than 10 percent but not more 
than 35 percent ammonia,'' PHMSA is adding a space between ``5'' and 
``L'' Column (9A) and between ``60'' and ``L'' in Column (9B).

[[Page 83368]]

--For ``UN1401, Calcium,'' PHMSA is adding a space between ``50'' and 
``kg'' for the unit of measure in Column in (9B).
--For ``UN2240, Chromosulfuric acid,'' PHMSA is adding a space between 
``0.5'' and ``L'' in Column (9A) and between ``2.5'' and ``L'' in 
Column (9B).
--For ``UN2209, Formaldehyde solutions, with not less than 25% 
formaldehyde,'' PHMSA is adding an ``L'' to indicate liters for the 
unit of measure in Column (9B), which is consistent with the original 
intent of the entry in final rule HM-215A [59 FR 67390], published 
December 29, 1994.
--For ``UN3169, Gas sample, non-pressurized, toxic, n.o.s., not 
refrigerated liquid,'' PHMSA is removing the letter ``D'' in Column 
(10B) because it is not a code for vessel stowage or handling 
requirements for Column (10B) under Sec.  176.84, but rather a stowage 
location code meant for Column (10A) pursuant to Sec.  172.101(k).
--For ``UN2814, Infectious substances, affecting humans,'' PHMSA is 
removing the space between ``UN'' and ``2814'' in Column (4).
--For ``UN1056, Krypton, compressed,'' PHMSA is revising the table 
entry by shifting the information provided in the columns one column to 
the right starting with Column (7) to reflect the table entry as 
adopted in final rule HM-215J [73 FR 44804], published July 31, 2008. 
The information provided in Columns (7) through (10A) was inadvertently 
included in the wrong columns.
--For ``UN3002, Phenyl urea pesticides, liquid, toxic,'' PHMSA is 
adding a comma between special provisions TP2 and TP27 in Column (7).
--For ``UN3352, Pyrethroid pesticide, liquid toxic, PGII,'' PHMSA is 
adding a space between ``5'' and ``L'' in Column (9A) and between 
``60'' and ``L'' in Column (9B); and for ``UN3352, Pyrethroid 
pesticide, liquid toxic, PGIII,'' PHMSA is adding a space between 
``60'' and ``L'' in Column (9A) and between ``220'' and ``L'' in column 
(9B).
Section 172.102
    PHMSA published a final rule, HM-215K [76 FR 3308] on January 19, 
2011. In this final rule, PHMSA added and assigned to the entry 
``UN1267, Petroleum crude oil,'' special provision 357 to clarify that 
petroleum crude oil containing hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil can present an 
inhalation hazard and must be transported under the entry ``Petroleum 
sour crude oil, flammable, toxic, UN3494'' when transported 
internationally. In addition, PHMSA added and assigned to the new HMT 
entry ``UN3494, Petroleum sour crude oil, flammable, toxic,'' special 
provision 343, which states that this HMT entry must be used for 
petroleum crude oil containing hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil can present an 
inhalation hazard when transported internationally. When the final rule 
was published, PHMSA inadvertently left out specific language related 
to sour crude oil for special provision 343 and because of the 
omission, special provisions 343 and 357 contain duplicate language. 
Special provision 343 is only assigned to ``Petroleum sour crude oil, 
flammable, toxic,'' and so the reference to crude oil in that special 
provision could only apply to sour crude oil. Therefore, for clarity, 
PHMSA is revising special provision 343 to include a reference to 
``sour crude oil.''
Section 172.202
    This section provides the requirements for describing hazardous 
materials on shipping papers. In Sec.  172.202(b), the old shipping 
description sequence that started with the proper shipping name was 
authorized for use until January 1, 2013. The authorized period of use 
has ended and, therefore, PHMSA is removing the sunset provision from 
the paragraph as only the new sequence beginning with the UN number 
currently applies.
Section 172.322
    This section provides the marking requirements for marine 
pollutants. In the Sec.  172.322(e)(2)(i) introductory text, the U.S. 
standard unit for the length of each side of the marking for marine 
pollutants appearing after the metric unit is incorrectly converted to 
``4'' inches. While U.S. standard units appearing in parenthesis are 
for informational purposes and are not intended to be the regulatory 
standard per Sec.  171.10(a), PHMSA is nonetheless correcting the 
conversion so that it properly reads ``3.9'' inches for consistency 
with the same conversion throughout the HMR (see e.g., Sec. Sec.  
172.302(b)(1), 173.4a(g), 173.196(a)(3)). For the same reason, in Sec.  
172.322(e)(2)(ii), PHMSA is correcting the U.S. standard unit to read 
``9.8'' inches.
Section 172.330
    This section provides the marking requirements for tank cars and 
multi-unit tank car tanks. RSPA published a final rule on May 6, 1997, 
HM-215B [62 FR 24690], which revised numerous proper shipping names in 
the HMT by adding or removing the words ``compressed,'' ``inhibited,'' 
``liquefied,'' and ``solution'' for consistency with proper shipping 
names used internationally, including removal of ``liquefied'' from the 
proper shipping name for ``Ammonia, anhydrous.'' However, in Sec.  
172.330(a)(1)(ii), the proper shipping name for ``Ammonia, anhydrous'' 
still contains the word ``liquefied.'' Therefore, for consistency with 
the HMT, PHMSA is revising ``Ammonia, anhydrous, liquefied'' to read 
``Ammonia, anhydrous.''
Section 172.400
    This section provides the general labeling requirements for 
packages. In a final rule published January 23, 2008, [73 FR 3874], the 
U.S. Department of Health and Human Services (HHS) removed 42 CFR part 
72. This part had governed the interstate shipment of etiologic agents 
and was removed because DOT already had in effect a more comprehensive 
set of regulations applicable to the transport in commerce of 
infectious substances, resulting in the etiologic agent label specified 
in the HHS regulations at 42 CFR 72.3 being discontinued. As such, 
PHMSA is removing the footnote for the label name ``Infectious 
Substance,'' which references the outdated etiologic agent label.
Section 172.446
    This section describes the Class 9 label requirements for 
miscellaneous hazardous materials. In a final rule published July 20, 
2011, HM-218F [76 FR 43510], PHMSA revised the Class 9 label design 
mandated in paragraph (a) by removing the horizontal line running 
across the label at its midpoint that had been previously required to 
harmonize with international standards and avoid delays or frustration 
of shipments. This new labeling requirement was to go into effect on 
August 19, 2011; however, to deplete existing stocks of labels with 
this horizontal line, PHMSA provided in paragraph (c) that labels 
meeting the requirements in effect before August 19, 2011 could 
continue to be used until October 1, 2014. That transition period has 
since expired. Furthermore, in paragraph (b), PHMSA provided the option 
of using a solid horizontal line dividing the lower and upper half of 
the label consistent with the transition period specified in paragraph 
(c) of this section. However, with the expiration of the transition 
period, the solid line is no longer optional or allowed. Therefore, in 
this rule, PHMSA is deleting the last

[[Page 83369]]

sentence in Sec.  172.446(b), which indicated the solid line was 
optional for consistency and to avoid confusion, and PHMSA is removing 
the paragraph (c) transition period.
Section 172.800
    This section prescribes the requirements for development and 
implementation of plans to address security risks related to the 
transportation of hazardous materials in commerce. In Sec.  172.800(b), 
PHMSA is revising paragraphs (b)(1) through (b)(14) by replacing the 
semicolons at the end of each paragraph with periods as each is a 
standalone criterion for being subject to security plan requirements.

Part 173

Section 173.27
    This section provides the general requirements for transportation 
by aircraft. PHMSA is removing reference to the effective date of 
October 1, 2006 associated with the certification statement requirement 
in Sec.  173.27(i) because that date has passed. For the limited 
quantity combination package provisions found in Sec.  
173.27(f)(2)(ii), PHMSA is removing the effective date of January 1, 
2012, for packages to be marked with the limited quantity ``Y'' mark 
prescribed in Sec.  172.315 when conforming to Table 3 of Sec.  
173.27(f)(3). PHMSA is also removing the transition dates allowing a 
package to be marked with the proper shipping name ``Consumer 
commodity'' and ``ORM-D-AIR'' \1\ (including ``Charcoal, NA1361) if it 
contains a consumer commodity. The effective dates and transition 
period have since passed and, therefore, PHMSA is removing these dates 
from Sec.  173.27.
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    \1\ ORM-D-Air (other regulated materials for domestic 
transportation by air only) is an outdated marking reference that 
will be phased out December 31, 2020 in accordance with final rule 
HM-215K [78 FR 1101].
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Section 173.29
    This section provides exceptions and requirements for empty 
packagings. In a final rule published January 7, 2013, HM-215K [76 FR 
3308], PHMSA adopted the new limited quantity provisions and the 
eventual phase out of the ORM-D hazard class to provide much of the 
same regulatory relief to limited quantities as was applied to consumer 
commodity ORM-D material (i.e., shipping papers, marking, packaging). 
Empty packagings of ORM-D material containing only the residue of a 
hazardous material are excepted from the HMR. However, PHMSA did not 
make this exception specifically applicable to empty packagings 
containing limited quantity material. PHMSA is accordingly revising 
Sec.  173.29(b)(2)(iv)(A) to include ``a limited quantity or an ORM-D 
material.''
Section 173.62
    This section provides the specific packing requirements for 
explosives. In a recent final rule published January 21, 2016, HM-233F 
[81 FR 3636], PHMSA modified Packing Instruction 139 in the paragraph 
(c) Table of Packing Methods to adopt special permit DOT-SP 12335. The 
adoption of the special permit allowed for detonating cord to be packed 
without sealed ends. However, in making this change, PHMSA 
inadvertently removed the list of authorized inner and outer packagings 
for Packing Instruction 139. Therefore, PHMSA is amending Packing 
Instruction 139 to include the list of inner and outer packagings 
previously authorized. Further review led to discovery of other errors 
or sources of confusion, such as the packing method for outer 
packagings in Packing Instruction 130, which is formatted incorrectly 
due to inaccurate spacing. PHMSA is making technical revisions to the 
table throughout to correct formatting issues, harmonize inconsistent 
language, eliminate any possible confusion, and aid in ease of 
understanding by the reader of what types of inner, intermediate, and 
outer packagings are authorized.
Section 173.121
    This section provides the requirements for Class 3 assignment of 
packing groups. PHMSA is removing paragraph (c) because the transition 
deadline of January 1, 2012 has passed.
Section 173.134
    This section provides definitions and exceptions for Class 6, 
Division 6.2 hazardous materials. PHMSA is correcting the authority 
citation of the Food, Drug, and Cosmetic Act to read ``21 U.S.C. 301 et 
seq.'' in Sec. Sec.  173.134(b)(7) and 173.134(b)(16). PHMSA is also 
revising the term ``Agricultural products and food'' found in Sec.  
173.134(b)(16) to read ``A raw agricultural commodity'' consistent with 
the statutory definition in 21 U.S.C. 321. The term ``product'' is not 
defined at 21 U.S.C Sec.  321 and, therefore, is an ambiguous term, 
which may cause confusion when considering applicability of the 
exception.
Section 173.150
    This section provides exceptions for Class 3 (flammable and 
combustible liquids). In a final rule published November 7, 2018, HM-
219A [83 FR 55792], PHMSA converted the measurements in paragraphs 
(g)(1)(iii) and (g)(2)(iii) from U.S. standard units to the 
International Standard of Units. In doing so, however, PHMSA did not 
round to the nearest whole number as is done in the rest of the HMR 
(see e.g., Sec. Sec.  173.151(b), 173.152(b), and 173.153(b)). 
Accordingly, in paragraphs (g)(1)(iii) and (g)(2)(iii), the unit of 
measurement for ``14.9 kilograms'' and ``29.9 kilograms'' is being 
rounded to read ``15 kilograms'' and ``30 kilograms'' to be consistent 
with other references to this unit of measurement and conversion in the 
HMR.
Section 173.156
    This section provides exceptions for limited quantity and ORM-D. In 
the section title, PHMSA inadvertently omitted the hyphen and the 
letter ``D'' in ``ORM;'' therefore, PHMSA is revising the section title 
to correct this error.
Section 173.176
    This section provides requirements specific to capacitors. In Sec.  
173.176(g), PHMSA inadvertently left out the word ``subject'' in the 
sentence. PHMSA is therefore revising the paragraph to add the word 
``subject'' following ``more than 20 Wh are'' to communicate the 
meaning of the paragraph requirements.
Section 173.197
    This section provides requirements for regulated medical waste 
(RMW). These include requirements for non-bulk packagings used as 
sharps containers of RMW (Sec.  173.197(b)), large packagings with an 
inner packaging used as sharps containers of RMW (Large Packagings) 
(Sec.  173.197(c)), and wheeled carts (Carts) or bulk outer packagings 
(BOPs) with an inner packaging used as sharps containers of RMW (Sec.  
173.197(d)(1)(i)). Paragraph (e) of Sec.  173.197 requires sharps 
packagings for Large Packagings, Carts, or BOPs to be capable of 
meeting the requirement in 49 CFR part 178, subpart M ``Testing of Non-
bulk Packagings and Packages,'' at the packing group II (PG II) level. 
Section 178.600 states that 49 CFR part 178, subpart M prescribes 
certain testing requirements for performance-oriented packagings 
identified in 49 CFR part 178, subpart L ``Non-bulk Performance-
Oriented Packaging Standards.''
    The tests and packagings prescribed in the HMR are authorized for 
non-bulk packagings only. Therefore, the HMR effectively limits the 
size of sharps

[[Page 83370]]

containers to non-bulk by relying on the testing requirements in 49 CFR 
part 178, subpart M. Recently, PHMSA has received inquiries from 
regulated entities asking if they can test bulk sharps packagings using 
the non-bulk PG II test and place these bulk sharps packagings in Large 
Packagings, Carts, or BOPs. In response to these inquiries, PHMSA is 
amending this section to clarify that such testing is not consistent 
with the HMR. PHMSA is revising the introductory text in Sec.  
173.197(e)(3) to state explicitly that only non-bulk sharps packagings 
may be transported in a Large Packaging, Cart, or BOP.
    Furthermore, in the Sec.  173.197(e) introductory text, PHMSA is 
deleting the transition date of ``After September 30, 2003'' as the 
date has passed.
    Finally, PHMSA inadvertently included duplicate language in Sec.  
173.197(e)(2). PHMSA is removing the second occurrence of ``conforming 
to the provisions of subpart B of this part.''
Section 173.199
    This section provides the provisions for Category B infectious 
substances. In this final rule, PHMSA is providing clarity on Sec.  
173.199(a)(7). These requirements provide the name and telephone number 
of a person who is either knowledgeable about the material being 
shipped and has comprehensive emergency response and incident 
mitigation information for the material or who has immediate access to 
a person who possesses such knowledge and information on a written 
document or on the outer packaging. The paragraph (a)(7) requirements 
were first introduced in a NPRM published May 19, 2005 [70 FR 29170] as 
part of a harmonization effort with the 2005-2006 International Civil 
Aviation Organization Technical Instructions on the Transportation of 
Dangerous Good by Air (ICAO Technical Instructions), which require a 
telephone number of a person knowledgeable about the material be 
provided.
    One commenter to the NPRM expressed concern at the potential costs 
of monitoring a telephone number while a shipment was in transit. In 
the final rule published June 2, 2006, HM-226A [71 FR 32244], PHMSA 
clarified that its harmonization effort would not require that the 
telephone number be monitored at all times the hazardous material is in 
transportation, because that would be unduly burdensome, but that PHMSA 
did intend it to be monitored during a company's administrative office 
hours. Therefore, PHMSA is amending language in Sec.  173.199(a)(7) to 
clarify the parameters of monitoring the required telephone number 
consistent with the preamble of HM-226A.
Section 173.301
    This section provides the general requirements for shipments of 
compressed gases and other hazardous materials in cylinders, United 
Nations (UN) pressure receptacles, and spherical pressure vessels.
    On November 7, 2018, PHMSA published final rule HM-219A [83 FR 
55792] responding to numerous petitions for rulemakings, including 
petition P-1641, which requested changes to cylinder valve 
requirements. In the final rule, PHMSA added Sec.  173.301(a)(11) to 
require cylinder valves to comply with the Compressed Gas Association 
(CGA) publication V-9, ``Compressed Gas Association Standard for 
Compressed Gas Cylinder Valves'' (2012 edition). However, CGA V-9 is 
limited in scope and does not apply to cylinder valves used with 
certain cylinders, such as valves used with nonrefillable cylinders 
(e.g., DOT 39). In issuing the HM-219A final rule, PHMSA intended for 
the cylinder valve requirements in paragraph (a)(11) to apply only to 
cylinder valves within CGA V-9's scope. It is otherwise impractical for 
CGA V-9 standards to apply to types of valves excluded from coverage in 
V-9. Therefore, PHMSA is amending paragraph (a)(11) to clarify that 
cylinder valves must comply with the applicable requirements in CGA V-9 
and that the standard applies only to those cylinder valve types 
addressed in CGA V-9.
    In addition, Sec.  173.301(f)(3) currently incorrectly references a 
``3AXX'' specification cylinder as an authorized cylinder. There is no 
such specification standard in 49 CFR part 178, but rather a 
specification for a ``3AAX'' cylinder, as found in Sec.  178.37. PHMSA 
is revising the incorrect reference to read ``3AAX.'' PHMSA is also 
deleting the transitional provision associated with the first 
requalification due after December 31, 2003, because sufficient time 
has passed to ensure all specification cylinders have been requalified. 
The longest possible requalification for any of these specification is 
12 years (see Sec.  180.209).
Section 173.304a
    This section provides additional requirements for shipments of 
liquefied compressed gases in specification cylinders. On June 13, 
2005, PHMSA published final rule HM-218C [70 FR 34066] adopting 
miscellaneous amendments including removal of references in the Sec.  
173.304a(a)(2) table to DOT 4, 4A, 9, 38, 40, and 41 specification 
cylinders that were no longer authorized or part of the HMR. In the HM-
218C final rule, PHMSA accordingly removed the phrase ``DOT-4A480'' 
from the entry ``Hydrogen sulfide,'' as a DOT-480 is a ``4A'' with a 
specific service pressure rating. The HM-218C final rule also meant to 
remove DOT-4A, but ``DOT-4A'' is still listed in the table for 
``Hydrogen sulfide;'' therefore, PHMSA is removing it from the list of 
authorized DOT specification cylinders for ``Hydrogen sulfide.'' In 
addition, Note 14, which authorized the use of a DOT specification 
cylinder with a marked service of 480 psi until December 31, 2003, was 
only assigned to ``Hydrogen sulfide'' in the Sec.  173.304a(a)(2) 
table; since the transition date of December 31, 2003 has passed, PHMSA 
is removing the note.
Section 173.307
    This section provides exceptions for compressed gases. In a final 
rule published January 14, 2009, HM-215J [74 FR 2199], PHMSA amended 
Sec.  173.307(a)(5) to except manufactured articles or apparatuses 
meeting certain conditions from the requirements of the HMR. The 
conversion factor of limiting the amount of gas per package to 1 gram 
(0.35 ounce) is incorrect. PHMSA is revising the customary unit to read 
``0.035 ounce.''
Section 173.314
    This section provides the requirements for compressed gases in tank 
cars and multi-unit tank cars. In response to a Notice of Proposed 
Rulemaking (NPRM) [80 FR 3787] published January 23, 2015, PHMSA 
received comments from the National Propane Gas Association (NPGA) to 
clarify the use of the term ``offeror'' and ``shipper'' in Sec.  
173.314(h)(2) because they believed this paragraph creates confusion by 
suggesting the terms have different meanings. In the HMR, the terms 
``shipper'' and ``offeror (person who offers)'' are synonymous and 
often used interchangeably. In Sec.  173.314(h)(2) introductory text, 
PHMSA is replacing the word ``shipper'' with ``offeror'' to clarify 
that the responsibility for compliance with the odorant fade prevention 
requirements for liquefied petroleum gas applies to the person who 
offers the material into transportation. Since ``offeror'' is 
specifically defined in Sec.  171.8 (whereas ``shipper'' is not defined 
in that provision), PHMSA is using only the term ``offeror'' in 
paragraph (h)(2) for clarity.
Section 173.315
    This section provides the requirements for compressed gases in

[[Page 83371]]

cargo tanks and portable tanks. In Sec. Sec.  173.315(a)(2) and (h) 
tables, there are instances where the word ``do'' is listed in the 
respective tables without a clear understanding of what the word 
represents. For purposes of this section, PHMSA is clarifying that the 
word ``do'' is an abbreviation of the word ``ditto'' meaning ``same as 
above.''
    Additionally, as discussed for Sec.  173.314 above, the NPGA asked 
PHMSA to clarify the use of the term ``offeror'' and ``shipper'' in 
Sec.  173.315(b)(2) because they believed this paragraph creates 
confusion by suggesting the terms have different meanings. In the HMR, 
the terms ``shipper'' and ``offeror (person who offers)'' are 
synonymous and often used interchangeably. In Sec.  173.315(b)(2) 
introductory text, PHMSA is replacing the word ``shipper'' with 
``offeror'' to clarify that the responsibility for compliance with the 
odorant fade prevention requirements for liquefied petroleum gas 
applies to the person who offers the material into transportation. 
Since ``offeror'' is specifically defined in Sec.  171.8, unlike 
``shipper,'' in this instance, PHMSA is using only the term ``offeror'' 
in paragraph (b)(2) for clarity.
Section 173.335
    This section provides the requirements for chemicals under 
pressure. In the second sentence of Sec.  173.335(a), cylinders filled 
with a chemical under pressure must be offered for transportation in 
accordance with the requirements of this section and Sec.  172.301. The 
reference to Sec.  172.301 is incorrect because it refers to Part 172 
general marking requirements for non-bulk packagings rather than Part 
173 general packaging requirements for shipments of compressed gases in 
Sec.  173.301. PHMSA is therefore revising the reference to read Sec.  
173.301. Furthermore, PHMSA is moving the exception that these 
materials are not subject to the cylinder valve cap requirements in 
Sec. Sec.  173.301(a)(11) and (12) that was placed at the end of 
paragraph (a) up in the paragraph to be associated with the reference 
to Sec.  173.301 for greater ease of understanding.
Section 173.415
    This section provides requirements for authorized Type A packages 
for radioactive materials. In paragraph (a), until January 1, 2017, the 
HMR required an offeror of a Specification 7A package to maintain on 
file complete documentation of tests, engineering evaluations or 
comparative data showing construction methods, packaging designs, and 
construction materials complying with 7A specification requirements for 
at least one year from the latest shipment and to provide this to DOT 
upon request. After January 1, 2017, the offeror is subject to a two-
year documentation requirement under one of two options specified in 
paragraphs (a)(1) and (a)(2). Because January 1, 2017, has passed, 
PHMSA is revising Sec.  173.415(a) introductory text to remove the 
language associated with requirements prior to January 1, 2017, to 
avoid any confusion on applicability.
Section 173.435
    This section provides the table for A1 and A2 
values for radionuclides. On March 10, 1983, RSPA published final rule 
HM-169 [48 FR 10218], which changed the requirements for the 
transportation of radioactive materials by harmonizing the HMR with 
international regulations from the International Atomic Energy Agency 
(IAEA). These changes provided A1 and A2 values 
for radionuclides in a table along with their respective specific 
activities in Curie/gram (Ci/g). The final rule provided the standard 
textbook specific activity for natural rubidium, listed as Rb (nat), as 
1.8 x 10-8 Ci/g. On November 14, 1989, RSPA published an 
NPRM [54 FR 47454] under Docket HM-169A, proposing to expand the 
radionuclide list and include both Ci/g and TeraBequerel/gram (TBq/g) 
as units of measure for specific activity. These changes were in part 
due to the IAEA modifying its system for determining A1 and 
A2 values. Among the proposed changes, RSPA included an 
error for the specific activity of Rb (nat) in Ci/g with a positive 
exponent instead of a negative exponent. This led to PHMSA incorrectly 
converting to a value of 6.7 x 10\6\ for TBq/g). Thus, this error was 
codified under final rule HM-169A [60 FR 50292], published September 
28, 1995, inaccurately stating a specific activity of 1.8 x 10\8\ Ci/g 
(6.7 x 10\6\ TBq/g). To correct this publication error and state the 
standard textbook values for natural rubidium, PHMSA is revising the 
specific activity information in the table in TBq/g and Ci/g for Rb 
(nat) to 6.7 x 10-10 TBq/g and 1.8 x 10-8 Ci/g, 
respectively.

Part 174

Section 174.67
    This section provides rules for tank car unloading. In the second 
sentence of Sec.  174.67(a)(3), PHMSA is revising a typographical error 
by replacing the phrase ``or other equipment that provides and 
equivalent level of safety'' with ``or other equipment that provides an 
equivalent level of safety.''

Part 175

Section 175.31
    This section provides the requirements of reporting discrepancies 
for hazardous materials shipments. In Sec.  175.31(a), PHMSA is 
updating the FAA contact information and including an electronic means 
of submitting the information to the FAA, which currently can be done 
at http://www.faa.gov/hazmat/air_carriers/report_incident/.
Section 175.75
    This section provides the requirements for quantity limitations and 
cargo locations on aircraft. PHMSA is clarifying that in the context of 
Sec.  175.75(e)(3)(i), ``FAA Inspector'' means an ``FAA Flight 
Standards Inspector.''
Section 175.630
    This section provides special requirements for Division 6.1 
(poisonous) material and Division 6.2 (infectious substances) material 
by aircraft. In a final rule published January 8, 2015, HM-215M [80 FR 
1075], PHMSA removed the segregation requirements for Division 6.1 and 
6.2 hazardous materials based on the amendments to the 2013-2014 ICAO 
Technical Instructions. The final rule deleted and reserved paragraph 
(a) but did not make a subsequent amendment to Sec.  175.630(b) to 
address the reference to the now deleted paragraph (a). Therefore, 
PHMSA is revising Sec.  175.630(b) to delete the last sentence thereby 
removing the outdated reference to reserved paragraph (a).

Part 177

Section 177.854
    This section provides the requirements for disabled motor vehicles 
and broken or leaking packages as well as repairs. In Sec.  
177.854(c)(2), PHMSA authorizes packages of hazardous materials that 
are damaged or found leaking during transportation and hazardous 
materials that have spilled or leaked during transportation to be 
forwarded to their destination or returned to the shipper in a salvage 
drum in accordance with the requirements in Sec.  173.3(c). PHMSA 
published final rules HM-233 [70 FR 3302; January 24, 2005] and HM-215M 
[80 FR 1075; January 8, 2015], which amended Sec.  173.3(d) to allow 
for salvage cylinders and amended Sec.  173.3(f) to allow for shipments 
of large salvage packagings, respectively. Since both

[[Page 83372]]

salvage cylinders and large salvage packagings are now authorized when 
packagings of hazardous materials are found to be damaged or leaking, 
PHMSA is revising Sec.  177.854(c)(2) to reference Sec.  173.3 for 
authorized salvage packaging.

Part 178

Section 178.338-10
    This section provides the requirements for accident damage 
protection. Section 178.338-10(c)(2) addresses the rear-end tank 
protection for MC-338 specification cargo tank motor vehicles 
specifically. An MC-338 cargo tank must conform to the requirements 
found in Sec.  178.345-8(d). However, Sec.  178.338-10(c)(2) references 
Sec.  178.345-8(b) inadvertently. Therefore, PHMSA is revising Sec.  
178.338-10(c)(2) to include the correct reference to Sec.  178.345-
8(d).
Section 178.345-8
    This section provides the requirements for cargo tank motor vehicle 
accident damage protection. Section 178.345.8(b)(1) discusses 
specifically the bottom damage protection device and the ability to 
withstand a force of 155,000 pounds (based on ultimate strength of the 
material) from the front, side, or rear, distributed uniformly over 
each surface of the device. To eliminate confusion on the intent of the 
requirement, PHMSA is revising the first sentence of the paragraph by 
adding ``applied in each direction of the device'' and removing ``over 
each surface'' from the sentence.

Part 179

Section 179.201-6
    This section provides the requirements for manways and manway 
closures on non-pressure rail tank cars. Based on historical review of 
the HMR, a typographical error discovered in paragraphs (b) and (c) 
regarding Specification DOT-111 tank cars was never corrected. These 
paragraphs reference a DOT 11A specification and no such specification 
exists in the HMR. PHMSA is revising references to ``DOT 11A'' to read 
``DOT 111A'' in each instance it occurs in Sec.  179.201-6. Also, in 
paragraph (a), PHMSA is deleting dashes from some of the listed 
specifications; in paragraph (b), PHMSA is adding the phrase ``A 
manway'' before the word ``cover'' for clarity; and in paragraph (c), 
PHMSA is revising ``111360W7'' to read ``111A60W7'' as no ``111360W7'' 
tank car specification exists nor is authorized.
Section 179.202-13
    This section provides retrofit standard requirements for 
specification DOT-117R rail tank cars. Based on a review of the HMR, a 
typographical error was discovered in paragraphs (h)(1) regarding 
specification DOT-117R tank cars. This paragraph states that top 
fittings must be located inside a protective housing not less than 12 
inches in thickness. PHMSA made this error in final rule HM-251C [81 FR 
53935; August 15, 2016]. In that rule, PHMSA intended to codify Section 
7306(a) of the Fixing America's Surface Transportation (FAST) Act (Pub. 
L. 114-94), which mandated fittings on specification DOT 117R tank cars 
to be located inside a protective housing not less than \1/2\-inch in 
thickness. The erroneous language of ``12-inch-thickness'' was never an 
acceptable requirement. Therefore, PHMSA is revising this section to 
``\1/2\-inch-thickness'' to be consistent with the FAST Act's 
requirement.

Part 180

Section 180.407
    This section provides the requirements for test and inspection of 
specification cargo tanks. Section 180.407(b)(1), (d)(5), and (e)(3) 
provide the requirements for thickness testing of corroded or abraded 
areas that might render it unsafe for hazardous materials service. 
These paragraphs only provide a reference to the minimum thickness 
standard for MC 300 series cargo tanks (except for MC 331) found in 
paragraph (i)(5). Minimum thickness standards for MC 331 cargo tanks 
and DOT 400 series cargo tanks are found in paragraphs (i)(9) and 
(i)(10). To assist with ease of understanding, PHMSA is revising 
Sec. Sec.  180.407(b)(1), (d)(5), and (e)(3) to also include reference 
to paragraphs (i)(9) and (i)(10).
    Additionally, in final rule HM-219A [83 FR 55792; November 7, 
2018], for changes made to Table 1 to paragraph (g)(1)(iv), PHMSA made 
a copy-editing error in the second column of the first row and carried 
over inadvertently the phrase ``or 1.5 times the maximum allowed 
working pressure (MAWP), whichever is greater'' mirroring the other 
column entries. In the June 30, 2016, NPRM [81 FR 42609], PHMSA 
proposed that the provision would read, ``the test pressure on the name 
plate or specification plate, 20.7 kPa (3 psig) or design pressure, 
whichever is greater.'' No commenters provided comment on this 
provision, and PHMSA intended to keep the language as proposed in the 
NPRM when it published the HM-219A final rule. The change occurred 
erroneously when PHMSA sought to respond to a comment by the Truck 
Trailer Manufacturers Association (TTMA) over a minor error in the DOT 
412 entry to Table 1 in paragraph (g)(1)(iv). As the DOT 412 entry in 
the NPRM read, ``[t]he test pressure on the name plate or specification 
plate, 1.5 times the MAWP,'' TTMA believed that this should read: 
``[t]he test pressure on the name plate or specification plate, or 1.5 
times the MAWP, whichever is greater.'' In making this change to the 
DOT 412 entry, however, PHMSA made this same change to the first row of 
Table 1 in paragraph (g)(1)(iv) inadvertently. Therefore, PHMSA is 
correcting this inadvertent error in this final rule. Also, PHMSA is 
revising the last sentence in paragraph (g)(1)(iv) to replace the 
phrase ``identified in Table 1 to paragraph (g)(1)(iv)'' with the 
phrase ``identified in the following table'' for further clarity.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of the Federal 
hazmat law 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 hazmat law to the PHMSA Administrator at Sec.  1.97. This final 
rule amends twelve parts of the HMR, to correct mailing addresses, 
grammatical and typographical errors, and improve the clarity of 
certain provisions.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 (``Regulatory Planning and 
Review'') \2\ and, therefore, was not reviewed by the Office of 
Management and Budget. Nor is this final rule considered a significant 
rulemaking under the DOT rulemaking procedures at 49 CFR part 5.
---------------------------------------------------------------------------

    \2\ 58 FR 51735, (Oc. 4, 1993).
---------------------------------------------------------------------------

    Executive Order 12866 requires agencies to regulate in the ``most 
cost-effective manner,'' to make a ``reasoned determination that the 
benefits of the intended regulation justify its costs,'' and to develop 
regulations that ``impose the least burden on society.'' Similarly, DOT 
regulations require that regulations issued by PHMSA and other DOT 
Operating Administrations ``should be designed to minimize burdens and

[[Page 83373]]

reduce barriers to market entry whenever possible, consistent with the 
effective promotion of safety'' and should generally ``not be issued 
unless their benefits are expected to exceed their costs.'' Sec.  
5.5(f)-(g).
    This final rule does not impose new burdens as the amendments 
contained in this final rule are non-substantive changes that do not 
impose new requirements for hazardous materials shippers or carriers. 
Therefore, it is not necessary to prepare a regulatory impact analysis.

C. Executive Order 13771

    This final rule is not a regulatory action under Executive Order 
13771 (``Reducing Regulation and Controlling Regulatory Costs'') \3\ 
because it is not a significant regulatory action as defined by 
Executive Order 12866.
---------------------------------------------------------------------------

    \3\ 82 FR 9339 (Feb. 24, 2017).
---------------------------------------------------------------------------

D. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism'') \4\ and the 
President's 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.''
---------------------------------------------------------------------------

    \4\ 64 FR 43255 (Aug. 10, 1999).
---------------------------------------------------------------------------

    The HMR amendments in this final rule are non-substantive changes 
that do not impose any new requirements and will not have 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. Nor do the HMR 
amendments in this final rule impose direct compliance costs on State 
and local governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.

E. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \5\ and DOT Order 
5301.1, ``Department of Transportation Policies, Programs, and 
Procedures Affecting American Indians, Alaska Natives, and Tribes.'' 
Executive Order 13175 and DOT Order 5301.1 require DOT Operating 
Administrations 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.
---------------------------------------------------------------------------

    \5\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

    This final rule neither imposes direct compliance costs on Tribal 
communities, nor has a substantial direct effect on those communities. 
Therefore, the funding and consultation requirements of Executive Order 
13175 and DOT Order 5301.1 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. There are 
no costs to small entities associated with this final rule. This final 
rule makes non-substantive changes that do not impose new requirements; 
thus, there are no direct or indirect adverse economic impacts for 
small units of government, businesses, or other organizations. 
Consequently, PHMSA certifies that this final rule does not have a 
significant economic impact on a substantial number of small entities.

G. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). It does 
not result in costs of $100 million ($164 million as of 2019 when 
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.

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
no person is required to respond to any information collection unless 
it has been approved by OMB and displays a valid OMB control number. 
Section 1320.8(d) of 5 CFR requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information and recordkeeping requests. There are no new information 
collection requirements in this final rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321 et seq.), and implementing regulations by the Council 
on Environmental Quality (40 CFR part 1500) require Federal agencies to 
consider the consequences of Federal actions and prepare a detailed 
statement on actions that significantly affect the quality of the human 
environment. DOT Order 5610.1C, ``Procedures for Considering 
Environmental Impacts,'' establishes departmental procedures for 
evaluation of environmental impacts under NEPA and its implementing 
regulations.
    The purpose of this final rule is to introduce non-substantive 
changes that do not impose new requirements. The intended effect of 
this rule is to enhance the accuracy and reduce misunderstandings of 
the regulations. Therefore, PHMSA has determined that the 
implementation of this final rule will not have a significant impact on 
the quality of the human environment.

J. 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.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' [77 FR 26413; May 4, 2012] agencies must consider 
whether the impacts associated with significant variations between 
domestic and international regulatory approaches are unnecessary or may 
impair the ability of American business to export and compete 
internationally. In meeting shared challenges involving health, safety, 
labor, security, environmental, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are or would be adopted in the absence of such 
cooperation. International regulatory cooperation can also reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by

[[Page 83374]]

the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, so 
long as the standards have a legitimate domestic objective, such as 
providing for safety, and do not operate to exclude imports that meet 
this objective. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the American public. PHMSA has 
assessed the effects of the final rule to ensure that it does not cause 
unnecessary obstacles to foreign trade. The amendments contained in 
this rule are non-substantive changes and do not impose new 
requirements. Further, insofar as many of the amendments introduced by 
the final rule improve the clarity of the HMR for regulated entities, 
or better align the HMR with international (e.g., IAEA) standards, the 
final rule could reduce barriers to international trade. Therefore, 
this final rule does not present an obstacle to international trade.

List of Subjects

49 CFR Part 106

    Administrative practice and procedure, Hazardous materials 
transportation.

49 CFR Part 107

    Administrative practice and procedure; Hazardous materials 
transportation; Packaging and containers; Penalties; Reporting and 
recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Incorporation by reference, 
Radioactive materials, Railroad safety, Railroads, Reporting and 
recordkeeping requirements, Security measures.

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, 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, 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, 49 CFR chapter I is amended as 
follows:

PART 106--RULEMAKING PROCEDURES

0
1. The authority citation for part 106 is revised to read as follows:

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

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 
4; 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; 33 U.S.C. 1321.


0
3. Amend Sec.  107.117 by revising paragraphs (d)(1) and (2) to read as 
follows:


Sec.  107.117   Emergency Processing.

* * * * *
    (d) * * *
    (1) Certificate-Holding Aircraft: The Federal Aviation 
Administration (FAA) Director, Office of Hazardous Materials Safety is 
responsible for the aircraft operator's hazardous materials safety 
program. The Director, Office of Hazardous Materials Safety, may be 
reached by calling the FAA Washington Operations Center at 202-267-3333 
(any hour), or visiting FAA's website.
    (2) Noncertificate-Holding Aircraft (Those Which Operate Under 14 
CFR part 91): The Federal Aviation Administration (FAA) Regional Office 
that serves the place where the flight will originate. The nearest 
Regional Office may be located by calling the FAA Washington Operations 
Center at 202-267-3333 or visiting FAA's website.
* * * * *

0
4. Amend Sec.  107.125 by revising paragraph (a)(1) to read as follows:


Sec.  107.125   Appeal.

    (a) * * *
    (1) Be in writing or by electronic means and filed within 30 days 
of receipt of the Associate Administrator's decision on 
reconsideration;
* * * * *

0
5. Amend Sec.  107.329 by adding paragraph (c) to read as follows:


Sec.  107.329   Maximum penalties.

* * * * *
    (c) Any owner, operator, or person found to have violated a 
response plan or provision of 33 U.S.C. 1321(j), or any regulation or 
order issued thereunder, is subject to an administrative civil penalty 
under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
6. 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
7. Amend Sec.  171.8 by revising the definition of ``Reportable 
quantity (RQ)'' to read as follows:


Sec.  171.8  Definitions and Abbreviations.

* * * * *
    Reportable quantity (RQ) for the purposes of this subchapter, means 
the quantity specified in Column 2 of Table 1 or Column 3 of Table 2 of 
Appendix A to Sec.  172.101 for any material identified in Column 1 of 
the tables.
* * * * *

[[Page 83375]]


0
8. Amend Sec.  171.16 by revising paragraph (b)(2) to read as follows:


Sec.  171.16  Detailed hazardous materials incident reports.

* * * * *
    (b) * * *
    (2) For an incident involving transportation by aircraft, submit a 
written or electronic copy of the Hazardous Materials Incident Report 
to the Federal Aviation Administration (FAA) Regional Office nearest 
the location of the incident. The nearest FAA Regional Office may be 
located by calling the FAA Washington Operations Center at 202-267-3333 
(any hour) or visiting FAA's website; and
* * * * *

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

0
9. 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
10. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing the entries under ``[REMOVE],'' by adding the entries under 
``[ADD],'' and revising the entries under ``[REVISE]'' in the 
appropriate alphabetical order to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

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0
11. In Sec.  172.102, in paragraph (c)(1), revise special provisions 
343, 384, 386, and in paragraph (c)(3), revise special provision B131 
to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    343 A bulk packaging that emits hydrogen sulfide in sufficient 
concentration that vapors evolved from the sour crude oil can present 
an inhalation hazard must be marked as specified in Sec.  172.327.
* * * * *
    384 For green graphite electrodes and shapes that are large single 
component solid objects not subject to shifting, transport in open rail 
flat cars, open bed motor vehicles, and intermodal containers is also 
authorized. The objects must be secured to the flat car, motor vehicle, 
intermodal container, or unitized by steel banding to wooden runners or 
pallets and the units secured to the flat car, motor vehicle, or 
freight container to prevent shifting, including relative motion 
between the objects, under conditions normally incident to 
transportation. Stacking is permitted two or more levels high to 
achieve maximum allowable utilization of the designated vehicle, rail 
car weight, or intermodal freight container weight or vessel hold 
volume.
* * * * *
    386 When transported by private motor carrier only, the following 
corrosive liquids may be packaged in polyethylene bottles with a 
capacity no greater than 3.785 L (one gallon), further packed inside an 
open-top, heavy wall, high density polyethylene box (i.e., crate) in a 
manner that the polyethylene bottles are not subjected to any 
superimposed weight, and the boxes must be reasonably secured against 
shifting within the transport vehicle and loaded so as to minimize the 
possibility of coming in contact with other lading:
    Compounds, cleaning liquid, NA1760, PG II or III;
    Corrosive liquid, acidic, inorganic, n.o.s., UN3264, PG II;
    Corrosive liquid, acidic, organic, n.o.s., UN3265, PG III;
    Corrosive liquid, basic, inorganic, n.o.s., UN3266, PG II;
    Hypochlorite solutions, UN1791, PG III;
    Hydrochloric acid solution, UN1789, PG II; and
    Sulfuric acid, UN2796, PG II.
    a. No more than four bottles, securely closed with threaded caps, 
may be packed in each box.
    b. Each empty bottle must have a minimum weight of not less than 
140 grams and a minimum wall thickness of not less than 0.020 inch 
(0.508 mm).
    c. The completed package must meet the Packing Group II performance 
level, as applicable for combination packagings with a plastic box 
outer packaging, in accordance with subpart M of part 178 of this 
subchapter.
    (i) Tests must be performed on each type and size of bottle, for 
each manufacturing location. Samples taken at random must withstand the 
prescribed tests without breakage or leakage.
    (ii) One bottle for every two hours of production, or for every 
2,500 bottles produced, must be tested by dropping a bottle filled to 
98 percent capacity with water from a height of 1.2 meters (3.9 feet) 
onto solid concrete directly on the closure.
    (iii) A copy of the test results must be kept on file at each 
facility where packagings are offered for transportation, and must be 
made available to a representative of the Department upon request.
    (iv) The name or symbol of the bottle producer, and the month and 
year of manufacture, must be marked by embossing, ink-jet printing of 
permanent ink, or other permanent means on the face or bottom of each 
bottle, in letters and numbers at least 6 mm (0.2 inch) high. Symbols, 
if used, must be registered with the Associate Administrator.
    (v) The box must be constructed from high-density polyethylene in 
the density range 0.950-0.962, and be capable of holding liquid when in 
the upright position.
* * * * *
    (3) * * *
    B131 When transported by highway, rail, or cargo vessel, waste 
Paint and Paint related material (UN1263; PG II and PG III), when in 
plastic or metal inner packagings of not more than 26.5 L (7 gallons), 
are excepted from the marking requirements in Sec.  172.301(a) and (c) 
and the labeling requirements in Sec.  172.400(a), when further packed 
in the following specification and non-specification bulk outer 
packagings and under the following conditions:
    a. Primary receptacles must conform to the general packaging 
requirements of subpart B of part 173 of this subchapter and may not 
leak. If they do leak, they must be overpacked in packagings conforming 
to the specification requirements of part 178 of this subchapter or in 
salvage packagings conforming to the requirements in Sec.  173.12 of 
this subchapter.
    b. Primary receptacles must be further packed in non-specification 
bulk outer packagings such as cubic yard boxes, plastic rigid-wall bulk 
containers, dump trailers, and roll-off containers. Bulk outer 
packagings must be liquid tight through design or by the use of lining 
materials.
    c. Primary receptacles may also be further packed in specification 
bulk outer packagings. Authorized specification bulk outer packagings 
are UN11G fiberboard intermediate bulk containers (IBC) and UN13H4 
woven plastic, coated and with liner flexible intermediate bulk 
containers (FIBCs) meeting the Packing Group II performance level and 
lined with a plastic liner of at least 6 mil thickness.
    d. All inner packagings placed inside bulk outer packagings must be 
blocked and braced to prevent shifting during transportation that could 
cause the container to open or fall over. Specification IBCs and FIBCs 
are to be secured to a pallet.
* * * * *

0
12. In Sec.  172.202, revise paragraph (b) to read as follows:


Sec.  172.202   Description of hazardous material on shipping papers.

* * * * *
    (b) Except as provided in this subpart, the basic description 
specified in paragraphs (a)(1), (2), (3), and (4) of this section must 
be shown in sequence with no additional information interspersed. For 
example, ``UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II.'' 
Shipping descriptions for hazardous materials offered or intended for 
transportation by rail that contain all the information required in 
this subpart and that are formatted and ordered in accordance with 
recognized electronic data interchange standards and, to the extent 
possible, in the order and manner required by this subpart are deemed 
to comply with this paragraph.
* * * * *

0
13. In Sec.  172.322, revise paragraphs (e)(2)(i) introductory text and 
(e)(2)(ii) to read as follows:


Sec.  172.322   Marine Pollutants.

    (e) * * *
    (2) * * *
    (i) At least 100 mm (3.9 inches) as measured from the outside of 
the lines forming the border for marks applied to:
* * * * *
    (ii) At least 250 mm (9.8 inches) for marks applied to all other 
bulk packages.
* * * * *

0
14. In Sec.  172.330, revise paragraph (a)(1)(ii) to read as follows:

[[Page 83381]]

Sec.  172.330   Tank cars and multi-unit tank car tanks.

    (a) * * *
    (1) * * *
    (ii) A tank car containing any of the following materials must be 
marked on each side with the key words of the proper shipping name 
specified for the material in the Sec.  172.101 table, or with a common 
name authorized for the material in this subchapter (e.g., 
``Refrigerant Gas''):

Acrolein, stabilized
Ammonia, anhydrous
Ammonia solutions (more than 50% ammonia)
Bromine or Bromine solutions
Bromine chloride
Chloroprene, stabilized
Dispersant gas or Refrigerant gas (as defined in Sec.  173.115 of this 
subchapter)
Division 2.1 materials
Division 2.2 materials (in Class DOT 107 tank cars only)
Division 2.3 materials
Formic acid
Hydrocyanic acid, aqueous solutions
Hydrofluoric acid, solution
Hydrogen cyanide, stabilized (less than 3% water)
Hydrogen fluoride, anhydrous
Hydrogen peroxide, aqueous solutions (greater than 20% hydrogen 
peroxide)
Hydrogen peroxide, stabilized
Hydrogen peroxide and peroxyacetic acid mixtures
Nitric acid (other than red fuming)
Phosphorus, amorphous
Phosphorus, white dry or Phosphorus, white, under water or Phosphorus 
white, in solution, or Phosphorus, yellow dry or Phosphorus, yellow, 
under water or Phosphorus, yellow, in solution
Phosphorus white, molten
Potassium nitrate and sodium nitrate mixtures
Potassium permanganate
Sulfur trioxide, stabilized
Sulfur trioxide, uninhibited
* * * * *

0
15. In Sec.  172.400, revise paragraph (b) to read as follows:


Sec.  172.400   General labeling requirements.

* * * * *
    (b) Labeling is required for a hazardous material which meets one 
or more hazard class definitions, in accordance with column 6 of the 
Sec.  172.101 table and the following table:

------------------------------------------------------------------------
                                                           Label design
     Hazard class or division            Label name         or section
                                                             reference
------------------------------------------------------------------------
1.1...............................  EXPLOSIVES 1.1......         172.411
1.2...............................  EXPLOSIVES 1.2......         172.411
1.3...............................  EXPLOSIVES 1.3......         172.411
1.4...............................  EXPLOSIVES 1.4......         172.411
1.5...............................  EXPLOSIVES 1.5......         172.411
1.6...............................  EXPLOSIVES 1.6......         172.411
2.1...............................  FLAMMABLE GAS.......         172.417
2.2...............................  NON-FLAMMABLE GAS...         172.415
2.3...............................  POISON GAS..........         172.416
3 Flammable Liquid (Combustible     FLAMMABLE LIQUID             172.419
 liquid).                            (none).
4.1...............................  FLAMMABLE SOLID.....         172.420
4.2...............................  SPONTANEOUSLY                172.422
                                     COMBUSTIBLE.
4.3...............................  DANGEROUS WHEN WET..         172.423
5.1...............................  OXIDER..............         172.426
5.2...............................  ORGANIC PEROXIDE....         172.427
6.1 (material poisonous by          POISON INHALATION            172.429
 inhalation (see Sec.   171.8 of     HAZARD.
 this subchapter)).
6.1 (other than material poisonous  POISON..............         172.430
 by inhalation).
6.1 (inhalation hazard, Zone A or   POISON INHALATION            172.429
 B).                                 HAZARD.
6.1 (other than inhalation hazard,  POISON..............         172.430
 Zone A or B).
6.2...............................  INFECTIOUS SUBSTANCE         172.432
7 (see Sec.   172.403)............  RADIOACTIVE WHITE-I.         172.436
7.................................  RADIOACTIVE YELLOW-          172.438
                                     II.
7.................................  RADIOACTIVE YELLOW-          172.440
                                     III.
7 (fissile radioactive material;    FISSILE.............         172.441
 see Sec.   172.402).
7 (empty packages, see Sec.         EMPTY...............         172.450
 173.428 of this subchapter).
8.................................  CORROSIVE...........         172.442
9.................................  CLASS 9.............         172.446
------------------------------------------------------------------------


0
16. In Sec.  172.446, revise paragraph (b) and remove paragraph (c) to 
read as follows:


Sec.  172.446   CLASS 9 label.

* * * * *
    (b) In addition to complying with Sec.  172.407, the background on 
the CLASS 9 label must be white with seven black vertical stripes on 
the top half. The black vertical stripes must be spaced, so that, 
visually, they appear equal in width to the six white spaces between 
them. The lower half of the label must be white with the class number 
``9'' underlined and centered at the bottom.

0
17. In Sec.  172.800, revise paragraphs (b)(1) through (14) to read as 
follows:


Sec.  172.800   Purpose and applicability.

* * * * *
    (b) * * *
    (1) Any quantity of a Division 1.1, 1.2, or 1.3 material.
    (2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring 
placarding in accordance with subpart F of this part.
    (3) A large bulk quantity of Division 2.1 material.
    (4) A large bulk quantity of Division 2.2 material with a 
subsidiary hazard of 5.1.
    (5) Any quantity of a material poisonous by inhalation, as defined 
in Sec.  171.8 of this subchapter.
    (6) A large bulk quantity of a Class 3 material meeting the 
criteria for Packing Group I or II.
    (7) A quantity of desensitized explosives meeting the definition of 
Division 4.1 or Class 3 material requiring placarding in accordance 
with subpart F of this part.

[[Page 83382]]

    (8) A large bulk quantity of a Division 4.2 material meeting the 
criteria for Packing Group I or II.
    (9) A quantity of a Division 4.3 material requiring placarding in 
accordance with subpart F of this part.
    (10) A large bulk quantity of a Division 5.1 material in Packing 
Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate 
fertilizers, or ammonium nitrate emulsions, suspensions, or gels.
    (11) Any quantity of organic peroxide, Type B, liquid or solid, 
temperature controlled.
    (12) A large bulk quantity of Division 6.1 material (for a material 
poisonous by inhalation see paragraph (5) above).
    (13) A select agent or toxin regulated by the Centers for Disease 
Control and Prevention under 42 CFR part 73 or the U.S. Department of 
Agriculture under 9 CFR part 121.
    (14) A quantity of uranium hexafluoride requiring placarding under 
Sec.  172.505(b).
* * * * *

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

0
18. 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
19. In Sec.  173.3, revise paragraph (d)(2)(i) to read as follows:


Sec.  173.3  Packaging and Exceptions.

* * * * *
    (d) * * *
    (2) * * *
    (i) Must be designed, constructed and marked in accordance with 
Section VIII, Division I of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter) with a minimum design margin of 4 to 1. Salvage cylinders 
may not be equipped with a pressure relief device. Damaged cylinders 
must be securely positioned in the salvage cylinder to prevent 
excessive shifting. The overpack requirements of Sec.  173.25 do not 
apply to salvage cylinders used in accordance with this section.
* * * * *

0
20. In Sec.  173.24, revise paragraph (c)(2) to read as follows:


Sec.  173.24  General requirements for packagings and packages.

* * * * *
    (c) * * *
    (2) The use of supplementary packagings within an outer packaging 
(e.g., an intermediate packaging or a receptacle inside a required 
inner packaging) additional to what is required by this subchapter is 
authorized provided all applicable requirements of this subchapter are 
met and, when necessary, suitable cushioning is used to prevent 
shifting within the packaging.
* * * * *

0
21. In Sec.  173.27, revise paragraphs (f)(2)(ii) and (i) to read as 
follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) * * *
    (ii) Packages must be marked with the limited quantity ``Y'' mark 
as prescribed in Sec.  172.315 of this subchapter when conforming to 
Table 3 of this paragraph.
* * * * *
    (i) Each person who offers a hazardous material for transportation 
by aircraft must include the certification statement specified in Sec.  
172.204(c)(3) of this subchapter.

0
22. In Sec.  173.29, revise paragraph (b)(2)(iv)(A) to read as follows:


Sec.  173.29  Empty packagings.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (A) A limited quantity or an ORM-D material; or
* * * * *

0
23. In Sec.  173.31, revise paragraphs (g) introductory text and (g)(3) 
to read as follows:


Sec.  173.31  Use of tank cars.

* * * * *
    (g) Tank car loading and unloading. When placed for loading or 
unloading and before unsecuring any closure, a tank car must be 
protected against shifting or coupling as follows:
    * * *
    (3) At least one wheel on the tank car must be blocked against 
motion in both directions, and the hand brakes must be set. If multiple 
tank cars are coupled together, sufficient hand brakes must be set and 
wheels blocked to prevent motion in both directions.

0
24. In Sec.  173.62, amend paragraph (c)(5) by revising the table to 
read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
    (5) * * *
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Sec.  173.121   [Amended]

0
25. In Sec.  173.121, remove paragraph (c).

0
26. In Sec.  173.134, revise paragraphs (b)(7), (b)(12)(ii)(C), and 
(b)(16) to read as follows:


Sec.  173.134   Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (b) * * *
    (7) Blood collected for the purpose of blood transfusion or the 
preparation of blood products; blood products; plasma; plasma 
derivatives; blood components; tissues or organs intended for use in 
transplant operations; and human cell, tissues, and cellular and 
tissue-based products regulated under authority of the Public Health 
Service Act (42 U.S.C. 264-272) and/or the Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.).
* * * * *

[[Page 83398]]

    (12) * * *
    (ii) * * *
    (C) The secondary container must be placed inside an outer 
packaging with sufficient cushioning material to prevent shifting 
between the secondary container and the outer packaging. An itemized 
list of the contents of the primary container and information 
concerning possible contamination with a Division 6.2 material, 
including its possible location on the product, must be placed between 
the secondary container and the outside packaging.
* * * * *
    (16) A raw agricultural commodity as defined in the Federal Food, 
Drug, and Cosmetics Act (21 U.S.C. 301 et seq.).
* * * * *

0
27. In Sec.  173.150, revise paragraphs (g)(1)(iii) and (g)(2)(iii) to 
read as follows:


Sec.  173.150   Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (g) * * *
    (1) * * *
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid 
contents of all inner packagings in any single outer packaging may not 
exceed 15 kilograms (33 pounds). The gross weight of any single outer 
package shipped may not exceed 30 kilograms (66 pounds); Inner 
packagings must be secured and cushioned within the outer package to 
prevent breakage, leakage, and shifting.
    (2) * * *
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid 
contents of all inner packagings in any single outer packaging may not 
exceed 15 kilograms (33 pounds). The gross weight of any single outer 
package shipped may not exceed 30 kilograms (66 pounds). Inner 
packagings must be secured and cushioned within the outer package to 
prevent breakage, leakage, and shifting.
* * * * *


 Sec.  173.156  Exceptions for limited quantity and ORM-D.

0
28. In Sec.  173.156, revise the section title to read as set forth 
above:

0
29. In Sec.  173.159, revise paragraph (k)(1)(iv) to read as follows:


Sec.  173.159   Batteries, wet.

* * * * *
    (k) * * *
    (1) * * *
    (iv) When packaged with other batteries or materials (e.g., on 
pallets or non-skid rails) and secured to prevent shifting during 
transport, pack the battery in leakproof packaging to prevent leakage 
of battery fluid from the packaging under conditions normally incident 
to transportation.
* * * * *

0
30. In Sec.  173.166, revise paragraphs (d)(4), (e) introductory text, 
(e)(4)(i)(C), and (e)(6)(ii) to read as follows:


Sec.  173.166   Safety devices.

* * * * *
    (d) * * *
    (4) Shipments to recycling or waste disposal facilities. When 
offered for domestic transportation by highway, rail freight, cargo 
vessel or cargo aircraft, a serviceable safety device classed as either 
Class 9 (UN3268) or Division 1.4G removed from a motor vehicle that was 
manufactured as required for use in the United States may be offered 
for transportation and transported without compliance with the shipping 
paper requirement prescribed in paragraph (c) of this section. However, 
when these articles are shipped to a recycling facility, the word 
``Recycled'' must be entered on the shipping paper immediately after 
the basic description prescribed in Sec.  172.202 of this subchapter. 
No more than one device is authorized in the packaging prescribed in 
paragraphs (e)(1), (2) or (3) of this section. The device must be 
cushioned and secured within the package to prevent shifting during 
transportation.
* * * * *
    (e) Packagings. Rigid, outer packagings, meeting the general 
packaging requirements of part 173 are authorized as follows. 
Additionally, the UN specification packagings listed in paragraphs 
(e)(1), (2), and (3) of this section must meet the packaging 
specification and performance requirements of part 178 of this 
subchapter at the Packing Group III performance level. The packagings 
must be designed and constructed to prevent shifting of the articles 
and inadvertent activation. Further, if the Class 9 designation is 
contingent upon packaging specified by the authorized testing agency, 
shipments of the safety device must be in compliance with the 
prescribed packaging.
* * * * *
    (4) * * *
    (i) * * *
    (C) Internal dunnage must be sufficient to prevent shifting of the 
devices within the container.
* * * * *
    (6) * * *
    (ii) Outer packaging consisting of 4H2 solid plastic boxes or non-
specification rugged reusable plastic outer packaging and inner static-
resistant plastic bags or trays. If not completely enclosed by design, 
the container or handling device must be covered with plastic, 
fiberboard, metal or other suitable material. The covering must be 
secured to the container by banding or other comparable methods. The 
articles must be packed to prevent shifting within the container during 
transportation.
* * * * *

0
31. In Sec.  173.176, revise paragraph (g) to read as follows:


Sec.  173.176   Capacitors.

* * * * *
    (g) Asymmetric capacitors containing an electrolyte meeting the 
definition of one or more hazard class or division as defined in this 
part, that are not installed in equipment, and with an energy storage 
capacity of more than 20 Wh are subject to the requirements of this 
subchapter.
* * * * *

0
32. In Sec.  173.185, revise paragraphs (b)(2)(ii), (b)(4)(ii), (b)(5), 
(e)(2), and (e)(5) to read as follows:


Sec.  173.185   Lithium cells and batteries.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Damage caused by shifting or placement within the package; and
* * * * *
    (4) * * *
    (ii) Equipment must be secured to prevent damage caused by shifting 
within the outer packaging and be packed so as to prevent accidental 
operation during transport; and
* * * * *
    (5) Lithium batteries that weigh 12 kg (26.5 pounds) or more and 
have a strong, impact-resistant outer casing and assemblies of such 
batteries, may be packed in strong outer packagings; in protective 
enclosures (for example, in fully enclosed or wooden slatted crates); 
or on pallets or other handling devices, instead of packages meeting 
the UN performance packaging requirements in paragraphs (b)(3)(ii) and 
(b)(3)(iii) of this section. Batteries or battery assemblies must be 
secured to prevent inadvertent shifting, and the terminals may not 
support the weight of other superimposed elements. Batteries or battery 
assemblies packaged in accordance with this paragraph may be 
transported by cargo aircraft if approved by the Associate 
Administrator.
* * * * *
    (e) * * *
    (2) Appropriate measures shall be taken to minimize the effects of

[[Page 83399]]

vibration and shocks and prevent shifting of the cells or batteries 
within the package that may lead to damage and a dangerous condition 
during transport. Cushioning material that is non-combustible and 
electrically non-conductive may be used to meet this requirement;
* * * * *
    (5) Lithium batteries, including lithium batteries contained in 
equipment, that weigh 12 kg (26.5 pounds) or more and have a strong, 
impact-resistant outer casing or assemblies of such batteries, may be 
packed in strong outer packagings, in protective enclosures (for 
example, in fully enclosed or wooden slatted crates), or on pallets or 
other handling devices, instead of packages meeting the UN performance 
packaging requirements in paragraphs (b)(3)(ii) and (iii) of this 
section. The battery or battery assembly must be secured to prevent 
inadvertent shifting, and the terminals may not support the weight of 
other superimposed elements;
* * * * *

0
33. In Sec.  173.197, revise paragraphs (e) introductory text, (e)(2) 
and (e)(3) introductory text to read as follows:


Sec.  173.197   Regulated Medical Waste.

* * * * *
    (e) Inner packagings authorized for Large Packagings, Carts, and 
BOPs. Inner packagings must be durably marked or tagged with the name 
and location (city and state) of the offeror, except when the entire 
contents of the Large Packaging, Cart, or BOP originates at a single 
location and is delivered to a single location.
* * * * *
    (2) Liquids. Liquid regulated medical waste or clinical waste or 
(bio) medical waste transported in a Large Packaging, Cart, or BOP must 
be packaged in a rigid inner packaging conforming to the provisions of 
subpart B of this part. Liquid materials are not authorized for 
transportation in inner packagings having a capacity greater than 19 L 
(5 gallons).
    (3) Sharps. Sharps transported in a Large Packaging, Cart, or BOP 
must be packaged in a puncture-resistant, non-bulk inner packaging 
(sharps container). Each sharps container must be securely closed to 
prevent leaks or punctures in conformance with instructions provided by 
the packaging manufacturer. Each sharps container exceeding 76 L (20 
gallons) in volume must be capable of passing the performance tests in 
part 178, subpart M, of this subchapter at the Packing Group II 
performance level. A sharps container may be reused only if it conforms 
to the following criteria:
* * * * *

0
34. In Sec.  173.199, revise paragraph (a)(7) to read as follows:


Sec.  173.199   Category B infectious substances.

    (a) * * *
    (7) The name and telephone number of a person who is either 
knowledgeable about the material being shipped and has comprehensive 
emergency response and incident mitigation information for the 
material, or has immediate access to a person who possesses such 
knowledge and information, must be included on a written document (such 
as an air waybill or bill of lading) or on the outer packaging. The 
telephone number must be monitored during a company's administrative 
hours (i.e., company's operational business hours).
* * * * *

0
35. In Sec.  173.219, revise paragraph (c)(3) to read as follows:


Sec.  173.219   Life-saving appliances.

* * * * *
    (c) * * *
    (3) Strike-anywhere matches must be cushioned to prevent shifting 
or friction in a metal or composition receptacle with a screw-type 
closure in a manner that prevents them from being inadvertently 
activated;
* * * * *

0
36. In Sec.  173.220, revise paragraphs (c), (d), and (e) to read as 
follows:


Sec.  173.220   Internal combustion engines, vehicles, machinery 
containing, internal combustion engines, battery-powered equipment or 
machinery, fuel cell-powered equipment or machinery.

* * * * *
    (c) Battery-powered or installed. Batteries must be securely 
installed, and wet batteries must be fastened in an upright position. 
Batteries must be protected against a dangerous evolution of heat, 
short circuits, and damage to terminals in conformance with Sec.  
173.159(a) and leakage; or must be removed and packaged separately 
under Sec.  173.159. Battery-powered vehicles, machinery or equipment 
including battery-powered wheelchairs and mobility aids are not subject 
to any other requirements of this subchapter except Sec.  173.21 when 
transported by rail, highway or vessel. Where a vehicle could possibly 
be handled in other than an upright position, the vehicle must be 
secured in a strong, rigid outer packaging. The vehicle must be secured 
by means capable of restraining the vehicle in the outer packaging to 
prevent any shifting during transport which would change the 
orientation or cause the vehicle to be damaged.
    (d) Lithium batteries. Except as provided in Sec.  172.102, special 
provision A101, of this subchapter, vehicles, engines, and machinery 
powered by lithium metal batteries, that are transported with these 
batteries installed, are forbidden aboard passenger-carrying aircraft. 
Lithium batteries contained in vehicles, engines, or mechanical 
equipment must be securely fastened in the battery holder of the 
vehicle, engine, or mechanical equipment, and be protected in such a 
manner as to prevent damage and short circuits (e.g., by using non-
conductive caps that cover the terminals entirely). Except for 
vehicles, engines, or machinery transported by highway, rail, or vessel 
with prototype or low production lithium batteries securely installed, 
each lithium battery must be of a type that has successfully passed 
each test in the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 
of this subchapter), as specified in Sec.  173.185, unless approved by 
the Associate Administrator. Where a vehicle could possibly be handled 
in other than an upright position, the vehicle must be secured in a 
strong, rigid outer packaging. The vehicle must be secured by means 
capable of restraining the vehicle in the outer packaging to prevent 
any shifting during transport which would change the orientation or 
cause the vehicle to be damaged. Where the lithium battery is removed 
from the vehicle and is packed separate from the vehicle in the same 
outer packaging, the package must be consigned as ``UN 3481, Lithium 
ion batteries packed with equipment'' or ``UN 3091, Lithium metal 
batteries packed with equipment'' and prepared in accordance with the 
requirements specified in Sec.  173.185.
    (e) Fuel cells. A fuel cell must be secured and protected in a 
manner to prevent damage to the fuel cell. Equipment (other than 
vehicles, engines or mechanical equipment) such as consumer electronic 
devices containing fuel cells (fuel cell cartridges) must be described 
as ``Fuel cell cartridges contained in equipment'' and transported in 
accordance with Sec.  173.230. Where a vehicle could possibly be 
handled in other than an upright position, the vehicle must be secured 
in a strong, rigid outer packaging. The vehicle must be secured by 
means capable of restraining the vehicle in the outer packaging to 
prevent any shifting during transport which would change the 
orientation or cause the vehicle to be damaged.
* * * * *

[[Page 83400]]


0
37. In Sec.  173.222, revise paragraph (b)(2) to read as follows:


Sec.  173.222   Dangerous goods in equipment, machinery, or apparatus.

* * * * *
    (b) * * *
    (2) Receptacles containing hazardous materials must be secured and 
cushioned to prevent their breakage or leakage and so as to control 
their shifting within the machinery or apparatus during normal 
conditions of transportation. Cushioning material must not react 
dangerously with the content of the receptacles. Any leakage of the 
contents must not substantially impair the protective properties of the 
cushioning material.
* * * * *

0
38. In Sec.  173.301, revise paragraphs (a)(11) and (f)(3) to read as 
follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

    (a) * * *
    (11) Cylinder valves manufactured on or after November 7, 2019, 
used on cylinders to transport compressed gases must conform to the 
applicable requirements in CGA V-9 (IBR; see Sec.  171.7 of this 
subchapter). A valve for a UN pressure receptacle must conform to the 
requirements of Sec.  173.301b(c)(1). Cylinder valves used on cylinders 
in liquefied petroleum gas (LPG) service are permitted to comply with 
the requirements of NFPA 58 (IBR; see Sec.  171.7 of this subchapter).
* * * * *
    (f) * * *
    (3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AAX, 3B, 3BN, or 3T 
cylinder filled with gases in other than Division 2.2 (except oxygen 
and oxidizing gases transported by aircraft, see Sec. Sec.  173.302(f) 
and 173.304(f)), the burst pressure of a CG-1, CG-4, or CG-5 pressure 
relief device must be at test pressure with a tolerance of plus zero to 
minus 10 percent. An additional 5 percent tolerance is allowed when a 
combined rupture disk is placed inside a holder. This requirement does 
not apply if a CG-2, CG-3, or CG-9 thermally activated relief device or 
a CG-7 reclosing pressure valve is used on the cylinder.
* * * * *

0
39. In Sec.  173.301b, revise paragraph (a)(4) to read as follows:


Sec.  173.301b  Additional requirements for shipments of UN pressure 
receptacles.

    (a) * * *
    (4) When a strong outer packaging is prescribed, for example as 
provided by paragraphs (c)(2)(vi) or (d)(1) of this section, the UN 
pressure receptacles must be protected to prevent shifting. Unless 
otherwise specified in this part, more than one UN pressure receptacle 
may be enclosed in the strong outer packaging.
* * * * *

0
40. In Sec.  173.304a, amend the table in paragraph (a)(2) by:
0
a. Revising the entry for ``Hydrogen sulfide;'' and
0
b. Removing Note 14.
    The revision reads as follows:


Sec.  173.304a  Additional requirements for shipment of liquefied 
compressed gases in specification cylinders.

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

----------------------------------------------------------------------------------------------------------------
                                                    Maximum
                                                   permitted     Packaging marked as shown in this column or of
                                                    filling      the same type with higher service pressure must
                  Kind of gas                       density         be used, except as provided in Sec.  Sec.
                                                (percent) (see    173.301(l), 173.301a(e), and 180.205(a) (see
                                                    Note 1)                  notes following table)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Hydrogen sulfide (see Note 10)................            62.5  DOT-3A; DOT-3AA; DOT-3B; DOT-4B; DOT-4BA; DOT-
                                                                 4BW; DOT-3E1800; DOT-3AL.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
41. Sec.  173.306, revise paragraph (h)(1) to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (h) * * * (1) Lighter refills (see Sec.  171.8 of this subchapter) 
must not contain an ignition element but must contain a release device. 
Lighter refills offered for transportation under this section may not 
exceed 4 fluid ounces capacity (7.22 cubic inches) or contain more than 
65 grams of a Division 2.1 fuel. For transportation by highway or rail, 
lighter refills must be tightly packed and secured against shifting in 
strong outer packagings. For transportation by aircraft or vessel, 
lighter refills must be tightly packed and secured against shifting in 
any rigid specification outer packaging authorized in subpart L of part 
178 of this subchapter at the Packing Group II performance level.
* * * * *

0
42. In Sec.  173.307, revise paragraph (a)(5) to read as follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (5) Manufactured articles or apparatuses, other than light bulbs 
each containing not more than 100 mg (0.0035 ounce) of inert gas and 
packaged so that the quantity of inert gas per package does not exceed 
1 g (0.035 ounce).
* * * * *

0
43. In Sec.  173.308, revise paragraphs (c), (e)(2)(ii), and 
(e)(2)(iii) to read as follows:


Sec.  173.308  Lighters.

* * * * *
    (c) Packaging requirements--(1) Inner containment. Lighters must be 
placed in an inner packaging that is designed to prevent shifting of 
the lighters and inadvertent ignition or leakage. The ignition device 
and gas control lever of each lighter must be designed, or securely 
sealed, taped, or otherwise fastened or packaged to protect against 
accidental functioning or leakage of the contents during transport. If 
lighters are packed vertically in a plastic tray, a plastic, fiberboard 
or paperboard partition must be used to prevent friction between the 
ignition device and the inner packaging.
    (2) Outer packaging. Lighters and their inner packagings must be 
tightly packed and secured against shifting in any rigid specification 
outer packaging authorized in subpart L of part 178 of this subchapter 
at the Packing Group II performance level.
* * * * *

[[Page 83401]]

    (e) * * *
    (2) * * *
    (ii) Lighters must be placed in an inner packaging that is designed 
to prevent accidental activation of the ignition device or valve, 
release of gas, and shifting of the lighters (e.g., tray, blister pack, 
etc.);
    (iii) Inner packagings must be placed in a securely closed rigid 
outer packaging that limits shifting of the inner packagings and 
protects them from damage;
* * * * *

0
44. In Sec.  173.314, revise paragraph (h)(2) introductory text:


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

* * * * *
    (h) * * *
    (2) Odorant fade. In addition to paragraph (h)(1)(i) of this 
section, the offeror must ensure that enough odorant will remain in the 
tank car during the course of transportation. The offeror must have 
procedures in place to:
* * * * *

0
45. In Sec.  173.315, revise paragraph (a)(2) introductory text, 
paragraph (b)(2) introductory text, paragraph (h) introductory text, 
and paragraph (j)(2)(viii) to read as follows:


Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

    (a) * * *
    (2) Cargo tanks and DOT specification portable tanks: Cargo tanks 
and DOT specification portable tanks must be loaded and offered for 
transportation in accordance with the following table (for purposes of 
the following table, a column entry with ``do'' indicates ``same as 
above''):
* * * * *
    (b) * * *
    (2) Odorant fade. For cargo tanks or portable tanks being 
transported from a refinery, gas plant or pipeline terminal and in 
addition to paragraph (b)(1)(i) of this section, the offeror must 
ensure that enough odorant will remain in the cargo tank or portable 
tank during the course of transportation. The offeror must have 
procedures in place to:
* * * * *
    (h) Each cargo tank and portable tank, except a tank filled by 
weight, must be equipped with one or more of the gauging devices 
described in the following table which indicate accurately the maximum 
permitted liquid level (for purposes of the following table, a column 
entry with ``do'' indicates ``same as above''). Additional gauging 
devices may be installed but may not be used as primary controls for 
filling of cargo tanks and portable tanks. Gauge glasses are not 
permitted on any cargo tank or portable tank. Primary gauging devices 
used on cargo tanks of less than 3500 gallons water capacity are exempt 
from the longitudinal location requirements specified in paragraphs 
(h)(2) and (3) of this section provided: The tank length does not 
exceed three times the tank diameter; and the cargo tank is unloaded 
within 24 hours after each filling of the tank.
* * * * *
    (j) * * *
    (2) * * *
    (viii) The storage container must be secured against shifting 
during transportation. Bracing must conform with the requirements of 
paragraph (j)(1)(iii) of this section and Sec.  177.834(a) of this 
subchapter and with Section 6-5.2 of NFPA 58, Liquefied Petroleum Gas 
Code. Straps or chains used as tie-downs must be rated to exceed the 
maximum load to be transported and conform to the requirements in 
Sec. Sec.  393.100 through 393.106 of this title.
* * * * *

0
46. In Sec.  173.335, revise paragraph (a) to read as follows:


Sec.  173.335  Chemicals under pressure n.o.s.

    (a) General requirements. A cylinder filled with a chemical under 
pressure must be offered for transportation in accordance with the 
requirements of this section and Sec.  173.301 (except for the cylinder 
valve cap requirements in Sec. Sec.  173.301(a)(11) and (12)). In 
addition, a DOT specification cylinder must meet the requirements in 
Sec. Sec.  173.301a, 173.302, 173.302a, and 173.305, as applicable. UN 
pressure receptacles must meet the requirements in Sec. Sec.  173.301b, 
173.302b, and 173.304b, as applicable. Where more than one section 
applies to a cylinder, the most restrictive requirements must be 
followed.
* * * * *

0
47. In Sec.  173.415, revise paragraph (a) introductory text to read as 
follows:


Sec.  173.415   Authorized Type A packages.

* * * * *
    (a) DOT Specification 7A (see Sec.  178.350 of this subchapter) 
Type A general packaging. Each offeror of a Specification 7A package 
must maintain on file for at least two years after the offeror's latest 
shipment, and shall provide to DOT on request, one of the following:
* * * * *

0
48. In Sec.  173.435, revise table entry for ``Rb (nat)'' to read as 
follows:


Sec.  173.435  Table of A1 and A2 values of radionuclides.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 Specific activity
    Symbol of radionuclide        Element and        A1 (TBq)         A1 (Ci) \b\         A2 (TBq)         A2 (Ci) \b\   -------------------------------
                                 atomic number                                                                                (TBq/g)         (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Rb(nat).......................  ..............  Unlimited........  Unlimited........  Unlimited.......  Unlimited.......  6.7 x 10 -\10\   1.8 x 10 -\8\
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 174--CARRIAGE BY RAIL

0
49. The authority citation for part 174 continues to read as follows:

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


0
50. In Sec.  174.67, revise paragraphs (a)(2) and (3) to read as 
follows:


Sec.  174.67  Tank car unloading.

* * * * *
    (a) * * *
    (2) Each hazmat employee who is responsible for unloading must 
apply the handbrake and block at least one wheel to prevent motion in 
any direction. If multiple tank cars are coupled together, sufficient 
hand brakes must be set and wheels blocked to prevent motion in both 
directions.
    (3) Each hazmat employee who is responsible for unloading must 
secure access to the track to prevent entry by other rail equipment, 
including motorized service vehicles. This requirement may be satisfied 
by lining each switch providing access to the unloading area against 
shifting and

[[Page 83402]]

securing each switch with an effective locking device, or by using 
derails, portable bumper blocks, or other equipment that provides an 
equivalent level of safety.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
51. The authority citation for part 175 continues to read as follows:

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


0
52. In Sec.  175.10, revise paragraph (a)(17)(iv), to read as follows:


Sec.  175.10  Exceptions for passengers, crew members, and air 
operators.

    (a) * * *
    (17) * * *
    (iv) The wheelchair or other mobility aid must be protected from 
damage by the shifting of baggage, mail, service items, or other cargo;
* * * * *

0
53. In Sec.  175.31, revise paragraph (a) introductory text to read as 
follows:


Sec.  175.31  Reports of discrepancies.

    (a) Each person who discovers a discrepancy, as defined in 
paragraph (b) of this section, relative to the shipment of a hazardous 
material following its acceptance for transportation aboard an aircraft 
shall, as soon as practicable, notify the nearest FAA Regional Office 
by telephone or electronically. The nearest Regional Office may be 
located by calling the FAA Washington Operations Center 202-267-3333 
(any hour). Electronic notifications may be submitted by following 
instructions on the FAA's website. The following information must be 
provided:
* * * * *

0
54. In Sec.  175.75, revised paragraph (e)(3)(i) to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (e) * * *
    (3) * * *
    (i) No person is carried on the aircraft other than the pilot, an 
FAA Flight Standards inspector, the shipper or consignee of the 
material, a representative of the shipper or consignee so designated in 
writing, or a person necessary for handling the material;
* * * * *

0
55. In Sec.  175.630, revise paragraph (b) to read as follows:


Sec.  175.630  Special requirements for Division 6.1 (poisonous) 
material and Division 6.2 (infectious substances) materials.

* * * * *
    (b) No person may operate an aircraft that has been used to 
transport any package required to bear a POISON or POISON INHALATION 
HAZARD label unless, upon removal of such package, the area in the 
aircraft in which it was carried is visually inspected for evidence of 
leakage, spillage, or other contamination. All contamination discovered 
must be either isolated or removed from the aircraft.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
56. The authority citation for part 176 continues to read as follows:

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


0
57. In Sec.  176.89, revise paragraph (a)(3) to read as follows:


Sec.  176.89  Control of transport vehicles.

    (a) * * *
    (3) The parking brakes of the vehicle shall be set securely to 
prevent motion;
* * * * *

0
58. In Sec.  176.200, revise paragraph (c) to read as follows:


Sec.  176.200  General stowage requirements.

* * * * *
    (c) When cylinders of Class 2 (compressed gas) materials being 
transported by vessel are stowed in a vertical position they must be 
stowed in a block and cribbed or boxed-in with suitable sound lumber 
and the box or crib dunnaged to provide clearance from a steel deck at 
least 10 cm (3.9 inches) off any metal deck. Pressure receptacles in 
the box or crib must be braced to prevent any shifting of the pressure 
receptacles. The box or crib (gas rack) must be securely chocked and 
lashed to prevent shifting in any direction.
* * * * *

0
59. In Sec.  176.906, revise paragraph (i)(2)(ii) to read as follows:


Sec.  176.906  Stowage of engines and machinery.

* * * * *
    (i) * * *
    (2) * * *
    (ii) The engines or machinery must be oriented to prevent 
inadvertent leakage of dangerous goods and secured by means capable of 
restraining the engines or machinery to prevent any shifting during 
transport which would change the orientation or cause them to be 
damaged;
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
60. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108 
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat. 
405, 805 (2012); 49 CFR 1.81 and 1.97.


0
61. In Sec.  177.854, revise paragraph (c)(2) to read as follows:


Sec.  177.854  Disabled vehicles and broken or leaking packages; 
repairs.

* * * * *
    (c) * * *
    (2) Packages of hazardous materials that are damaged or found 
leaking during transportation, and hazardous materials that have 
spilled or leaked during transportation, may be forwarded to 
destination or returned to the shipper in a salvage packaging in 
accordance with the requirements of Sec.  173.3, as applicable, of this 
subchapter.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
62. 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
63. In Sec.  178.338-10, revise paragraph (c)(2) to read as follows:


Sec.  178.338-10  Accident damage protection.

* * * * *
    (c) * * *
    (2) Conform to the requirements of Sec.  178.345-8(d).
* * * * *

0
64. In Sec.  178.345-8, revise the first sentence of paragraph (b)(1) 
to read as follows:


Sec.  178.345-8  Accident damage protection.

* * * * *
    (b) * * *
    (1) Any bottom damage protection device must be able to withstand a 
force of 155,000 pounds (based on the ultimate strength of the 
material), from the front, side, and rear uniformly distributed, 
applied in each direction of the device, over an area not to exceed 6 
square feet, and a width not to exceed 6 feet. * * *
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
65. 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.


[[Page 83403]]



0
66. Revise Sec.  179.201-6 to read as follows:


Sec.  179.201-6  Manways and manway closures.

    (a) The manway cover for spec. DOT 104W, 111A60ALW1, 111A60W1, 
111A100ALW1, 111A100W1, 111A100W3, or 111A100W6 must be designed to 
make it impossible to remove the cover while the interior of the tank 
is subjected to pressure.
    (b) The manway cover for spec. DOT 111A60W5, or 111A100W5 must be 
made of a suitable metal. The top, bottom and edge of manway cover must 
be acid resistant material covered as prescribed in Sec.  179.201-3. 
Through-bolt holes must be lined with acid resistant material at least 
one-eighth inch in thickness. A manway cover made of metal not affected 
by the lading need not be acid resistant material covered.
    (c) The manway ring and cover for specifications DOT-103CW, 103DW, 
103EW, 111A60W7, or 111A100W6 must be made of the metal and have the 
same inspection procedures specified in AAR Specifications for Tank 
Cars, appendix M, M3.03 (IBR, see Sec.  171.7 of this subchapter).

0
67. Revise Sec.  179.202-13(h)(1) introductory text to read as follows:


Sec.  179.202-13  Retrofit Standard Requirements (DOT-117R).

* * * * *
    (h) Top fittings protection--(1) Protective housing. Except as 
provided in Sec. Sec.  179.202-13(h)(2) and (3) of this paragraph, top 
fittings on DOT Specification 117R tank cars must be located inside a 
protective housing not less than 1/2-inch in thickness and constructed 
of a material having a tensile strength not less than 65 kpsi and must 
conform to all of the following conditions:
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
68. 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
69. In Sec.  180.407, revise paragraphs (b)(1), (d)(5), (e)(3) and 
(g)(1)(iv) to read as follows:


Sec.  180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (b) * * *
    (1) The cargo tank shows evidence of dents, cuts, gouges, corroded 
or abraded areas, leakage, or any other condition that might render it 
unsafe for hazardous materials service. At a minimum, any area of a 
cargo tank showing evidence of dents, cuts, digs, gouges, or corroded 
or abraded areas must be thickness tested in accordance with the 
procedures set forth in paragraphs (i)(2), (i)(3), (i)(5), (i)(6), 
(i)(9), and (i)(10) of this section and evaluated in accordance with 
the criteria prescribed in Sec.  180.411. Any signs of leakage must be 
repaired in accordance with Sec.  180.413. The suitability of any 
repair affecting the structural integrity of the cargo tank must be 
determined either by the testing required in the applicable 
manufacturing specification or in paragraph (g)(1)(iv) of this section.
* * * * *
    (d) * * *
* * * * *
    (5) Corroded or abraded areas of the cargo tank wall must be 
thickness tested in accordance with the procedures set forth in 
paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of this 
section.
* * * * *
    (e) * * *
* * * * *
    (3) Corroded or abraded areas of the cargo tank wall must be 
thickness tested in accordance with paragraphs (i)(2), (i)(3), (i)(5), 
(i)(6), (i)(9), and (i)(10) of this section.
* * * * *
    (g) * * *
    (1) * * *
    (iv) Each cargo tank must be tested hydrostatically or 
pneumatically to the internal pressure specified in the following 
table. At no time during the pressure test may a cargo tank be subject 
to pressures that exceed those identified in the following table:

                     Table 1 to Paragraph (g)(1)(iv)
------------------------------------------------------------------------
           Specification                        Test pressure
------------------------------------------------------------------------
MC 300, 301, 302, 303, 305, 306...  The test pressure on the name plate
                                     or specification plate, 20.7 kPa (3
                                     psig) or design pressure, whichever
                                     is greater.
MC 304, 307.......................  The test pressure on the name plate
                                     or specification plate, 275.8 kPa
                                     (40 psig) or 1.5 times the design
                                     pressure, whichever is greater.
MC 310, 311, 312..................  The test pressure on the name plate
                                     or specification plate, 20.7 kPa (3
                                     psig) or 1.5 times the design
                                     pressure, whichever is greater.
MC 330, 331.......................  The test pressure on the name plate
                                     or specification plate, 1.5 times
                                     either the MAWP or the re-rated
                                     pressure, whichever is applicable.
MC 338............................  The test pressure on the name plate
                                     or specification plate, 1.25 times
                                     either the MAWP or the re-rated
                                     pressure, whichever is applicable.
DOT 406...........................  The test pressure on the name plate
                                     or specification plate, 34.5 kPa (5
                                     psig) or 1.5 times the MAWP,
                                     whichever is greater.
DOT 407...........................  The test pressure on the name plate
                                     or specification plate, 275.8 kPa
                                     (40 psig) or 1.5 times the MAWP,
                                     whichever is greater.
DOT 412...........................  The test pressure on the name plate
                                     or specification plate, or 1.5
                                     times the MAWP, whichever is
                                     greater.
------------------------------------------------------------------------

* * * * *

    Issued in Washington, DC, on October 16, 2020, under the 
authority delegated in 49 CFR 1.97.
Howard R. Elliott
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2020-23353 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-60-P


