[Federal Register: June 13, 2005 (Volume 70, Number 112)]
[Rules and Regulations]
[Page 34066-34077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn05-4]
[[Page 34066]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 178, 179 and 180
[Docket No. PHMSA-04-18683 (HM-218C)]
RIN 2137-AD87
Hazardous Materials; Miscellaneous Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Hazardous Materials Regulations by
incorporating miscellaneous changes based on petitions for rulemaking
and PHMSA initiatives. The intended effect of these regulatory changes
is to update, clarify or provide relief from certain regulatory
requirements.
DATES: Effective Date: The effective date of these amendments is August
12, 2005.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in these amendments is approved by the
Director of the Federal Register as of August 12, 2005.
FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule reduces regulatory burdens on industry by
incorporating changes into the Hazardous Materials Regulations (HMR)
based on PHMSA's own initiatives and petitions for rulemaking submitted
in accordance with 49 CFR 106.95. In a continuing effort to review the
HMR for necessary revisions, PHMSA (``we'' and ``us'') is eliminating,
revising, clarifying and relaxing certain other regulatory
requirements. On August 12, 2004, RSPA, the predecessor agency to
PHMSA, published a notice of proposed rulemaking (NPRM) under Docket
RSPA-04-18683 (HM-218C; 69 FR 49846). The NPRM contained information
concerning each proposal and invited public comment. Readers should
refer to the NPRM for additional background discussion. We received
eight comments in response to the NPRM. These comments were submitted
by trade associations, such as the Air Transport Association (ATA), the
Chlorine Institute (CI), and the International Vessel Operators
Hazardous Materials Association, Inc. (VOHMA); hazardous materials
consulting firms; and providers of emergency response. Most commenters
expressed support for various proposals, but some commenters raised
concerns about certain provisions in the proposal that are discussed
below. Certain commenters raised issues that are beyond the scope of
this rulemaking; such comments will not be addressed.
The following is a section-by-section summary of changes, and,
where applicable, a discussion of comments received.
Section-by-Section Review
Part 171
Section 171.7
In the NPRM, we proposed to incorporate by reference a document
entitled ``An Example of a Test Method for Vent Sizing--OPPSD/SPI
Methodology,'' which described an alternative method to determine the
vent size of emergency relief devices on portable tanks transporting
organic peroxides. This document was added to the Sec. 171.7(b) List
of informational materials not requiring incorporation by reference in
a final rule published December 20, 2004, under Docket No. RSPA-04-
17036 (HM-215G; 69 FR 76061); therefore, the proposal is not adopted in
this final rule.
Under the entry ``American Society for Testing and Materials''
(ASTM), we are incorporating by reference ASTM Standards A 1008/A
1008M-03 ``Standard Specification for Steel, Sheet, Cold-Rolled,
Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy
with Improved Formability'' and A 1011/A 1011M-03a ``Standard
Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon,
Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with
Improved Formability.'' We received a comment from the ASTM requesting
we incorporate by reference ASTM Standards A1008/A1008M-04b and A1011/
A1011M-04a to reflect the latest version of these standards. Because we
did not propose to incorporate the newer edition of these standards in
the NPRM, we are not incorporating them at this time. These standards
may be considered for incorporation by reference in a future
rulemaking.
We are updating the Compressed Gas Association ``CGA Pamphlet C-
6.1, Standards for Visual Inspection of High Pressure Aluminum
Compressed Gas Cylinders'' from the 1995 edition to the 2002 edition.
We proposed to update CGA Pamphlet C-6.1 in an NPRM published on
September 10, 2003, under Docket No. RSPA-03-14405 (HM-220F; 68 FR
53318). Because of delay in finalizing HM-220F, we are incorporating
the 2002 edition of CGA Pamphlet C-6.1 in this final rule. The 2002
edition of the standard has provisions discussing cleaning methods that
may result in the removal of cylinder wall material. It also contains a
new requirement that all aluminum cylinders be internally inspected for
cracks in the neck region. Also see Sec. 180.212 preamble discussion.
We are incorporating by reference the Department of Defense's (DOD)
``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 24-210/
NAVSUPINST 4030.55B/MCO 4030.40B.''
Also, we are updating the following documents which are
incorporated by reference:
--Chlorine Institute instruction booklets entitled ``Chlorine Institute
Emergency Kit `A' for 100-lb. & 150-lb. Chlorine Cylinders'' (Edition
10, June 2003) and ``Chlorine Institute Emergency Kit `B' for Chlorine
Ton Containers'' (Edition 9, June 2003);
--Transport Canada ``Transportation of Dangerous Goods Regulations
(August 15, 2001)'' edition.
In paragraph (b), we are removing the table entry ``National
Association of Corrosive Engineers (NACE)'' and NACE Standard TM-01-69
which described an acceptable test for a liquid corrosive material.
This entry is obsolete because the definition and testing methods for
corrosive materials have been revised.
Section 171.8
In the NPRM, we proposed to revise the definition for ``Materials
of trade'' (MOTS) by removing the phrase ``in direct support of a
principal business that is other than transportation by motor
vehicle.'' This would allow private carriage of qualified hazardous
materials under the MOTs exception regardless of the principal business
of the carrier. We received one comment in favor of this proposal.
Since publication of the NPRM, we have identified additional issues
pertaining to the transportation of hazardous materials under the MOTs
exception that require further study; therefore, we are not adopting
the proposal in this final rule.
Section 171.12a
In paragraph (b)(2), we are clarifying that certain exceptions in
Transport Canada's Transportation of Dangerous Goods (TDG) Regulations
are not
[[Page 34067]]
recognized under the reciprocity provisions; specifically, materials
subject to the 500 kg exception in paragraph 1.16 of the TDG
Regulations may not be transported under the provisions of Sec.
171.12a and are subject to the requirements of the HMR.
Section 171.14
We are removing paragraph (d)(3) because the transition period for
use of the KEEP AWAY FROM FOOD label and placard has expired.
Part 172
Section 172.101
We are adding a statement in Sec. 172.101(i)(3) and a new
paragraph (i)(5) to clarify that some bulk packaging authorizations are
found in column (8B) and the special provisions in column (7) of the
HMT.
We are revising the entry for ``Bromine'' and adding two new
entries, one for bromine solution, PIH Zone A and one for bromine
solution, PIH Zone B. This recognizes that some bromine solutions do
not meet the criteria for a PIH Zone A material and are, in fact, in
Hazard Zone B. Also, for the entry ``Bromine'' we are adding stowage
category ``D'' for vessel transportation in column (10A) of the HMT. In
the NPRM, we proposed to remove Special provisions A3 and A6 in column
(7) for the entry ``Bromine.'' Special provisions A3 and A6 were
removed in a final rule published December 20, 2004, under Docket No.
RSPA-04-17036 (HM-215G; 69 FR 76075).
We are reinstating the entry ``Denatured Alcohol, NA 1987'' in
response to a petition by the Renewable Fuels Association (P-1430). We
are also adding a new Special provision 172 for the entries ``Denatured
Alcohol, NA 1987'' and ``Alcohols, n.o.s., UN 1987'' to allow solutions
of alcohol and petroleum products to be described as either ``Denatured
Alcohol'' or ``Alcohols, n.o.s.'' provided the solution contains no
more than 5% petroleum products.
For the entries ``sec-Butyl chloroformate, NA 2742'' and ``Isobutyl
chloroformate, NA 2742'' we are adding the word ``Forbidden'' in
columns (9A) and (9B). These materials are poisonous by inhalation in
Hazard Zone B and are forbidden on passenger and cargo only aircraft.
For the entry ``Refrigerating machines, containing flammable, non-
toxic, liquefied gas, UN 3358'' we are adding a reference to Sec.
173.307 in column (8A) of the HMT. This will except refrigerating
machines containing 12 kg (25 pounds) or less of a flammable, non-toxic
gas from the HMR, except when offered or transported by air or vessel.
We are also correcting inconsistencies with the International Maritime
Dangerous Goods (IMDG) Code pertaining to vessel stowage for this
entry.
In the NPRM, we proposed to add a reference to the limited quantity
exception for flammable liquids in Column (8A) of the HMT for the entry
``1,3,5-Trimethylbenzene, UN 2325.'' We revised the entry ``1,3,5-
Trimethylbenzene, UN 2325'' in a final rule published December 20,
2004, under Docket No. RSPA-04-17036 (HM-215G; 69 FR 76145) to include
the limited quantity exception.
Section 172.102
We are revising Special provision 53 to provide relief from the
subsidiary hazard class/division entry on the shipping paper if the
material is excepted from the subsidiary label requirements. We are
also adding a new Special provision 172 for alcohol mixtures containing
up to 5% petroleum products.
Section 172.203
We are adding a new paragraph (l)(4) that cross-references the
requirements and exceptions for marine pollutants in Sec. 171.4. A
commenter suggests that the language proposed in the NPRM might suggest
``the consignor who packs the freight container or other cargo
transport unit and offers it in intermodal transportation has no
obligation to declare the marine pollutant on the shipping paper, or
mark the inner packages and the CTU with the MARINE POLLUTANT mark
since the initial transport is by road or rail.'' The commenter asks us
to exclude shipments that are ``intended for vessel transportation''
from the exception in Sec. 171.4. We disagree. Marine pollutants in
non-bulk packagings transported domestically by rail or motor vehicle
are not subject to the HMR. If subsequent transportation is by vessel,
the shipment must be brought into compliance. The HMR do not prescribe
how this is to be accomplished; it is left to the shippers' discretion.
Mandating compliance with the vessel transportation requirements of the
HMR or the IMDG Code from the original point of origin may impose
additional burdens and costs to the offeror. We did not consider such
burdens and associated costs and consider this comment beyond the scope
of this rulemaking. We disagree with the commenter that the proposed
language creates difficulties for the shipper; it is a cross-reference
to existing language in Sec. 171.4 and does not impose additional
burdens. We are adopting the paragraph as proposed.
Section 172.205
We are adding a new paragraph (i) alerting the user that the word
``Waste'' must precede the proper shipping name as provided by Sec.
172.101(c)(9).
Section 172.504
We are amending Sec. 172.504(g)(2) to clarify that explosives
articles of compatibility groups C, D, or E when transported with
explosives articles in compatibility group N may be placarded with a
Class 1 compatibility group D placard. The display of only one placard
bearing one compatibility letter when certain Class 1 materials of
different compatibility groups are transported together in a single
transport vehicle or container is authorized in the HMR.
Section 172.519
We are editorially revising paragraph (f) by adding the
parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter),''
after the wording ``ICAO Technical Instructions, the IMDG Code, or the
TDG Regulations.''
Part 173
Section 173.7
We are authorizing military shipments of hazardous materials to be
packaged in accordance with the procedures prescribed in the DOD
document ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/
AFJI 24-210/NAVSUPINST 4030.55B/MCO 4030.40B'' as an alternative to the
HMR. This document replaces the packaging standards in the document
``Performance Oriented Packagings of Hazardous Material, DLAR 4145.41/
AR 700-143/AFR 71-5/NAVSUPINST 4030.55/MCO 4030.40.''
Section 173.28
In paragraph (b)(3), we are clarifying that packagings made of
fiberboard are authorized for reuse.
Section 173.31
We are amending paragraph (b) to except tank cars transporting
elevated temperature materials and molten sulfur from retrofit bottom
discontinuity protection requirements. Based on past risk-analysis
evaluations conducted by the Federal Railroad Administration (FRA) and
industry, it was determined that tank cars transporting elevated
temperature materials and molten sulfur do not require retrofit
protection.
Section 173.150
In the NPRM, we proposed to remove paragraph (f)(1), which contains
the
[[Page 34068]]
definition of ``combustible liquid.'' The definition is also found in
Sec. 173.120 Class 3--Definitions. VOHMA requested we reconsider this
proposal because of problems that are encountered in intermodal
transportation. Combustible liquids in non-bulk packagings are not
subject to the HMR when transported domestically. VOHMA states that
when these shipments are subsequently offered for international
transportation, re-shippers may be unaware that these materials are
regulated in international commerce and may fail to comply with the
applicable regulations. VOHMA suggests that retaining the
classification criteria for a combustible liquid in Sec. 173.150 may
alert shippers to the classification differences between the HMR and
international regulations and prevent undeclared hazardous materials
from entering the transportation system. We agree, and are not adopting
this proposal.
Section 173.225
In the NPRM, we proposed to revise the Note to paragraph (e)(3)(vi)
by authorizing an alternative method to determine the size of
emergency-relief devices on portable tanks. In a final rule published
on December 20, 2004, under Docket No. RSPA 04-17036 (HM-215G; 69 FR
76172), we redesignated paragraph (e) as paragraph (h) and authorized
this alternative method of an emergency-relief device sizing.
Section 173.241
For clarity, in paragraph (c), we are adding a reference to certain
additional requirements in Sec. 176.340 that apply when offering
combustible liquids in portable tanks for transportation by vessel.
Section 173.301
In the NPRM, we proposed to revise the requirement in paragraph
(a)(9) that a strong outer packaging containing specification 2P, 2Q,
3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must conform to
the requirements in Sec. 173.25. Instead of referencing Sec. 173.25,
we proposed to require the outside of the combination packaging to be
marked with an indication that the inner packagings conform to the
prescribed specification. Our intention was to clarify that the outer
packaging is not an overpack and, thus, each inner cylinder must comply
with the Part 172 marking and labeling requirements. The Air Transport
Association (ATA) objects to marking the outer packaging with a
statement indicating that the inner packagings conform to the
prescribed specifications because it implies ``that the outer
packagings are in fact overpacks and would create inconsistency with
the International Civil Aviation Organization's Technical Instructions,
where, beginning in 2005, an overpack must be marked with the word
`Overpack.' '' ATA also requests that we delete the reference to an
overpack in Special provision A52. ATA states that air carriers use
many thin walled DOT 3HT cylinders that are required to be placed in
outer packagings meeting the ATA specification 300 standard and meet
the strong outer packaging requirement in Sec. 173.302a(a)(2) of the
HMR. ATA states that, should the proposed marking be finalized, air
carriers will be forced to use separate marked packagings for their DOT
3HT cylinders. Also, ATA suggests that operational confusion regarding
the appropriate use or reuse of outer packagings marked with the
proposed marking instead of the ``Overpack'' marking could lead to
unwarranted actions by enforcement personnel.
We disagree with ATA that a marking indicating the inner packagings
conforming to the prescribed specification implies the packaging is an
overpack. There are other instances in the HMR where this marking is
required, e.g., in Sec. 173.306 where DOT 2P and 2Q containers must be
in a combination packaging and the outer packaging is a non-
specification packaging. Because the outer packaging does not have
specification markings, the proposed marking alerts anyone coming into
contact with the package that the inner container is a specification
packaging.
We also disagree with ATA that Special provision A52 should be
revised to remove the word ``overpack.'' The special provision requires
an oxygen cylinder that is loaded into a passenger-carrying aircraft or
into an inaccessible cargo location on a cargo-only aircraft to be
placed in an overpack or an outer packaging meeting the performance
criteria in ATA specification 300 for Category I. The current HMR
requirements authorize compressed oxygen to be packaged in DOT 3, 3A,
3AA, 3AL, 3B, 3E, 3HT, 4B, 4BA and 4BW cylinders. Of these cylinders,
only the DOT 3E, 3HT and spherical 4BA cylinders are considered to be
inner packagings. The other cylinders must be properly marked and
labeled individually in accordance with Part 172 and, when offered for
air transportation, placed in an overpack conforming to Sec. 173.25.
In this final rule, we are revising paragraph (a)(9) to require an
outer packaging containing specification 2P, 2Q, 3E, 3HT, spherical
4BA, 4D, 4DA, 4DS, and 39 cylinders to be marked to indicate that the
inner packagings conform to the prescribed specifications, as proposed
in the NPRM. Consistent with this change, we are also revising the last
sentence in Sec. 173.302a(a)(2) and Note 7 following the table in
Sec. 173.304a(a)(2) by adding a reference to Sec. 173.301(a)(9).
In paragraph (l)(2), we are revising the wording to state clearly
that foreign cylinders filled for export, in addition to meeting the
maximum filling density and service pressure requirements, must be
fitted with pressure relief devices when required by the HMR for the
gas contained within the cylinder.
We are editorially revising paragraph (m) by adding the
parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)''
after the first occurrence of the term ``Canadian Transport of
Dangerous Goods (TDG) Regulations.''
Section 173.302a
In paragraph (a)(2), we are removing the reference to the overpack
provisions in Sec. 173.25 and adding a reference to Sec.
173.301(a)(9).
We are editorially revising paragraph (a)(3).
In paragraph (d), we are authorizing use of a DOT 3AL1800 cylinder
for the transportation of diborane and diborane mixtures.
We are adding new paragraph (e) to reinstate the requirement that a
cylinder containing fluorine may not be charged to over 400 psig at 21
[deg]C (70 [deg]F) and may not contain more than 2.7 kg (6 lbs) of gas.
Section 173.304a
In the paragraph (a)(2) table, in column 3, we are removing several
references to DOT specification 4, 4A, 9, 38, 40 and 41 cylinders that
are no longer authorized for use. Also, for the entry
Bromotrifluoromethane, in column 3, we are correcting the reference
``DOT-3AL40'' to read ``DOT-3AL400.'' We are revising the last sentence
in Note 7 following the table to reference the packaging provisions in
Sec. 173.301(a)(9). We are also correcting a typographical error in
Note 8.
Sections 173.314 and 173.319
In the NPRM, we proposed to require notification of delayed rail
cars containing a time-sensitive product to the FRA instead of the
Bureau of Explosives (BOE). Two commenters, the Chlorine Institute and
the BOE, support moving the reporting requirements to FRA. The Chlorine
Institute also states that the carrier, not the shipper, should be
reporting the delay since the carrier knows where the rail car is. In
the NPRM, we did not propose to transfer
[[Page 34069]]
this requirement from the shipper to the carrier. At this time, we
prefer to retain the reporting requirement as a shipper responsibility
and are adopting the change as proposed.
We also received a comment from the AAR regarding our statement in
the Regulatory Analyses and Notices section of this rule that ``BOE no
longer exists.'' We apologize for this misstatement. Since 1997 the
Bureau of Explosives Field Force and associated activities have been
under the direction of The Transportation Technology Center, Inc.,
which is a wholly owned subsidiary of the AAR.
Section 173.315
In the paragraph (a) table, column 4, we are adding a reference to
Note 27 for the entry ``Ammonia, anhydrous or Ammonia solutions, with
greater than 50 percent ammonia,'' and following the table, we are
adding a new Note 27 to authorize the use of non-specification cargo
tanks.
Section 173.337
In the introductory text, we are reinstating a requirement that a
cylinder containing nitric oxide may be charged to a pressure of not
more than 5,170 kPa (750 psig) at 21[deg] C (70[deg] F).
Part 178
Sections 178.338-2 and 178.345-2
We are removing the reference to ASTM Standard A 607 and adding
ASTM Standards A 1008/A 1008M and A 1011/A 1011M in its place.
Section 178.606
In paragraph (c)(2), we are correcting the formula for calculating
the pressure to be applied when a packaging containing a solid is
subjected to a dynamic compression test.
Part 179
Section 179.200-7
In paragraph (e), we are adding a reference to Sec. 171.7 for a
standard that is incorporated by reference.
Part 180
Section 180.205
In paragraph (c)(2), we are adding a reference to new Sec.
180.212. See Sec. 180.212 preamble discussion. Also, we are broadening
the provisions in paragraph (i)(2) to allow a composite cylinder that
is condemned to have the wording ``CONDEMNED'' displayed instead of
stamped on the cylinder. The use of a label is currently authorized in
some exemptions.
Section 180.212
We are adding a new section allowing repairs to a DOT 3-series
cylinder under the terms of an approval issued by the Associate
Administrator under Subpart I of Part 107. In addition, the person who
performs the repair work must have an approval as currently required
under Subpart H of Part 107. An approval will not be required for the
removal and replacement of non-pressure components on a DOT 3-series
cylinder, such as a neck ring or foot ring; the replacement material
must be equivalent to that used at the time of original manufacture.
Additionally, in the NPRM, we proposed that an approval would not
be required for the repair of worn or damaged cylinder neck threads
when performed by the original cylinder manufacturer in accordance with
the cylinder's specification requirements and under the supervision of
an independent inspection agency. We are relaxing this provision to
permit re-threading to be performed by any manufacturer of these types
of cylinders. CGA Pamphlets C-6 and C-6.1 contain guidelines for
inspection of the cylinder neck areas for damaged threads. The cylinder
must be rejected if the required number of effective threads are not
engaged to provide a gas-tight seal. The rejected cylinder may qualify
for repair to restore the effectiveness of the threads. If the threads
cannot be repaired, the cylinder must be condemned. We proposed to
update the reference to CGA Pamphlet C-6.1 from the 1995 to the 2002
edition in an NPRM published on September 10, 2003 (HM-220F; 68 FR
53318). The 2002 edition contains criteria for inspection of cylinder
neck threads for abnormal thread conditions resulting from structural
defects, corrosion, or damage. Because of delay in finalizing HM-220F,
we are incorporating the 2002 edition of CGA Pamphlet C-6.1 in this
final rule. Currently CGA is updating CGA Pamphlet C-6 to better
address inspection for neck areas on high pressure and low pressure
steel cylinders. We will consider adopting the revised pamphlet in a
future rulemaking.
Section 180.417
In paragraph (b)(2)(v), we are reinstating the requirement that
each test or inspection report completed for a repaired cargo tank must
include the ASME or National Board Certificate of Authorization number
of the facility performing the repairs.
Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.) Section 5103(b) of Federal hazmat law authorizes the Secretary of
Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commere.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) and was not reviewed by the Office of Management and
Budget (OMB). This final rule is not considered a significant rule
under the Regulatory Policies and Procedures of the U.S. Department of
Transportation (44 FR 11034). The costs and benefits of this rule are
considered to be so minimal as to not warrant preparation of a
regulatory evaluation.
In this final rule, we are amending miscellaneous provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. We are also responding to requests from industry
associations to update and add references to standards that are
incorporated in the HMR. These clarifications and updates of the HMR
will enhance safety while reducing the compliance burden on the
regulated industry. In the NPRM, we invited public comment on any
impacts of the proposed changes. We did not receive any comments
regarding the impacts of these changes.
C. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts state, local and Indian tribe requirements but does
not impose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Federal hazardous material transportation law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting State, local, and Indian tribe requirements on
certain covered subjects:
[[Page 34070]]
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
content, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous material.
This final rule addresses covered subject items (1), (2), and (5)
described above and preempts any State, local, or Indian tribe
requirements concerning these subjects unless the non-Federal
requirements are ``substantively the same'' (see 49 CFR 107.202(d)) as
the Federal requirements.
Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of
the covered subjects, PHMSA must determine and publish in the Federal
Register the effective date of Federal preemption. That effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
The effective date of preemption of this final rule is 90 days from
publication of this final rule in the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule amends miscellaneous provisions in the HMR to clarify
provisions based on our own initiatives and also on petitions for
rulemaking. While maintaining safety, it relaxes certain requirements
that are overly burdensome and updates references to consensus
standards that are incorporated in the HMR. These amendments are
intended to provide relief to shippers, carriers, and packaging
manufacturers, including small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered. The changes
proposed in this Notice will enhance safety while reducing the
compliance burden on the regulated industry. I certify that this final
rule does not have a significant economic impact on a substantial
number of small entities.
F. Paperwork Reduction Act
PHMSA currently has an approved information collection under OMB
Control Number 2137-0559, ``Requirements for Rail Tank Car Tanks--
Transportation of Hazardous Materials by Rail'' with 2,759 burden
hours, and an expiration date of May 31, 2006. This final rule will
result in a minimal increase in information collection and
recordkeeping burden under OMB Control Number 2137-0559, due to
editorial changes to Sec. Sec. 173.314 and 173.319. We are removing
references to BOE in Sec. Sec. 173.314 and 173.319, and replacing them
with references to FRA. Therefore, this final rule will result in a
minimal increase in burden since FRA instead of BOE will now be
notified if a rail car containing a time-sensitive product is not
received within 20 days from shipment.
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. This final rule identifies a revised
information collection request that PHMSA will submit to OMB for
approval based on the requirements in this final rule.
PHMSA has developed burden estimates to reflect changes in this
final rule. The revised burden indicated below includes revisions in
this final rule and corrections of previous mathematical errors
discovered during the review process. PHMSA estimates the net total of
information and recordkeeping burden in this final rule as:
``Requirements for Rail Tank Car Tanks--Transportation of Hazardous
Materials by Rail'' OMB Number 2137-0559:
Total Annual Number of Respondents: 266.
Total Annual Responses: 16,781.
Total Annual Burden Hours: 2,689.
Total Annual Burden Cost: $102,586.25.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC
20590-0001, Telephone (202) 366-8553. We will publish a notice advising
interested parties of the OMB approval for this information collection
request when approved by OMB.
In addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, OMB, at fax
number 202-395-6974. Under the Paperwork Reduction Act of 1995, no
person is required to respond to an information collection unless it
displays a valid OMB control number.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either state, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347) requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. We developed an assessment to determine the effects of
this final rule on the environment and have concluded that there would
be no
[[Page 34071]]
significant environmental impacts associated with this final rule.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping equirements, Uranium.
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.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7:
0
a. In the paragraph (a)(3) table:
0
(1) Under the entry ``American Society for Testing and Materials,'' two
new standards are added in appropriate numerical order;
0
(2) Under the entry ``Chlorine Institute, Inc.,'' the address for the
Chlorine Institute and the entries for Chlorine Institute Emergency Kit
``A'' and ``B'' are revised;
0
(3) Under the entry ``Compressed Gas Association, Inc.,'' the entry for
pamphlet C-6.1 is revised;
0
(4) Under the entry ``Department of Defense (DOD),'' a new entry is
added in appropriate alphabetical order; and
0
(5) Under the entry ``Transport Canada,'' the entry is revised.
0
b. In the paragraph (b) table, the entry ``National Association of
Corrosion Engineers,'' is removed.
The revisions and additions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Society for Testing and
Materials.
* * * * * * *
ASTM A 1008/A 1008M--03 Standard 178.338-2; 178.345-2
Specification for Steel, Sheet,
Cold-Rolled, Carbon, Structural,
High-Strength Low-Alloy and High
Strength Low-Alloy with Improved
Formability.
ASTM A 1011/A 1011M--03a Standard 178.338-2; 178.345-2
Specification for Steel, Sheet
and Strip, Hot-Rolled, Carbon,
Structural, High-Strength Low
Alloy and High Strength Low-Alloy
with Improved Formability.
* * * * * * *
Chlorine Institute, Inc., 1300
Wilson Boulevard, Arlington, VA
22209
Chlorine Institute Emergency Kit 173.3
``A'' for 100-lb. & 150 lb.
Chlorine Cylinders (with the
exception of repair method using
Device 8 for side leaks), Edition
10, June 2003.
Chlorine Institute Emergency Kit 173.3
``B'' for Chlorine Ton Containers
(with the exception of repair
method using Device 9 for side
leaks), Edition 9, June 2003.
* * * * * * *
Compressed Gas Association, Inc.,
CGA Pamphlet C-6.1, Standards for 180.205; 180.209
Visual Inspection of High
Pressure Aluminum Compressed Gas
Cylinders, 2002, Fourth Edition.
* * * * * * *
Department of Defense (DOD),
* * * * * * *
Packaging of Hazardous Material, 173.7
DLAD 4145.41/ AR 700-143/AFJI 24-
210/NAVSUPINST 4030.55B/MCO
4030.40B, January 14, 2000.
* * * * * * *
Transport Canada,
* * * * * * *
Transportation of Dangerous Goods 171.12a; 172.401; 172.502; 172.519;
(TDG) Regulations, August 2001 172.602; 173.301.
including Clear Language
Amendments SOR/2001-286,
Amendment 1 (SOR/2002-306) August
8, 2002; Amendment 2 (SOR/2003-
273) July 24, 2003; and Amendment
3 (SOR/2003-400) December 3, 2003.
[[Page 34072]]
* * * * * * *
------------------------------------------------------------------------
0
3. In Sec. 171.12a, paragraph (b)(2) is revised to read as follows:
Sec. 171.12a Canadian shipments and packagings.
* * * * *
(b) * * *
(2) A material designated as a hazardous material under this
subchapter which is not subject to the requirements of the TDG
Regulations or is afforded hazard communication or packaging exceptions
not authorized in this subchapter (e.g., paragraph 1.16 of the TDG
Regulations excepts quantities of hazardous materials less than or
equal to 500 kg gross transported by highway or rail) may not be
transported under the provisions of this section.
* * * * *
Sec. 171.14 [Amended]
0
4. In Sec. 171.14, paragraph (d)(3) is removed and reserved.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
5. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.
0
6. In Sec. 172.101, the first and second sentences in paragraph (i)(3)
are revised and a new paragraph (i)(5) is added to read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(i) * * *
(3) * * * Column (8C) specifies the section in part 173 of this
subchapter that prescribes packaging requirements for bulk packagings,
subject to the limitations, requirements, and additional authorizations
of Columns (7) and (8B). A ``None'' in Column (8C) means bulk
packagings are not authorized, except as may be provided by special
provisions in Column (7) and in packaging authorizations Column (8B). *
* *
* * * * *
(5) Cylinders. For cylinders, both non-bulk and bulk packaging
authorizations are set forth in Column (8B). Notwithstanding a
designation of ``None'' in Column (8C), a bulk cylinder may be used
when specified through the section reference in Column (8B).
* * * * *
0
7. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising, in the appropriate alphabetical
sequence, the following entries to read as follows:
[[Page 34073]]
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.* * *) (9) Quantity limitations (10) Vessel stowage
materials Special ------------------------------------------------------------------------------------------------
Symbols descriptions Hazard class or Identification PG Label provisions
and proper division Numbers codes (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
shipping names 172.102) aircraft/rail only
(1) (2)............ (3............. (4)........... (5)... (6)...... (7)............ (8A)...... (8B)...... (8C)...... (9A)........... (9B)........... (10A)..... (10B)
----------
* * * * * * *
[REMOVE:]
----------
* * * * * * *
+........ Bromine or 8.............. UN1744........ I..... 8, 6.1... 1, B9, B64, None...... 227....... 249....... Forbidden...... Forbidden...... D......... 12, 40, 66,
Bromine B85, N34, N43, 74, 89, 90
solutions. T22, TP2,
TP10, TP12,
TP13.
----------
* * * * * * *
[ADD:]
* * * * * * *
+........ Bromine........ 8.............. UN1744........ I..... 8, 6.1... 1, B9, B64, None...... 226....... 249....... Forbidden...... Forbidden...... D......... 12, 40, 66,
B85, N34, N43, 74, 89, 90
T22, TP2,
TP10, TP12,
TP13.
+........ Bromine 8.............. UN1744........ I..... 8, 6.1... 1, B9, B64, None...... 226....... 249....... Forbidden...... Forbidden...... D......... 12, 40, 66,
solutions. B85, N34, N43, 74, 89, 90
T22, TP2,
TP10, TP12,
TP13.
+........ Bromine 8.............. UN1744........ I..... 8, 6.1... 2, B9, B64, None...... 227....... 249....... Forbidden...... Forbidden...... D......... 12, 40, 66,
solutions. B85, N34, N43, 74, 89, 90
T22, TP2,
TP10, TP12,
TP13.
* * * * * * *
D........ Denatured 3.............. NA1987........ II.... 3........ 172, T8, T31... 150....... 202....... 242....... 5 L............ 60 L........... B.........
alcohol.
III... 3........ 172, B1, T7, 150....... 203....... 242....... 60 L........... 220 L.......... A.........
T30.
* * * * * * *
[REVISE:]
* * * * * * *
Alcohols, 3.............. UN1987........ 1..... 3........ 172, T11, TP1, None...... 201....... 243....... 1 L............ 30 L........... E.........
n.o.s.. TP8, TP27.
II.... 3........ 172, 1B2, T7, 150....... 202....... 242....... 5 L............ 60 L........... B.........
TP1, TP8, TP28.
III... 3........ 172, B1, IB3, 150....... 203....... 242....... 60 L........... 220 L.......... A.........
T4, TP1, TP29.
* * * * * * *
D........ sec-Butyl 6.1............ NA2742........ I..... 6.1, 3, 8 2, B9, B14, None...... 227....... 244....... Forbidden...... Forbidden...... A......... 12, 13, 22,
chloroformate. B32, B74, T20, 25, 40, 48,
TP4, TP12, 100
TP13, TP38,
TP45.
* * * * * * *
D........ Isobutyl 6.1............ NA2742........ I..... 6.1, 3, 8 2, B9, B14, None...... 227....... 244....... Forbidden...... Forbidden...... A......... 12, 13, 22,
chloroformate. B32, B74, T20, 25, 40, 48,
TP4, TP12, 100
TP13, TP38,
TP45.
[[Page 34074]]
* * * * * * *
Refrigerating 2.1............ UN3358........ ...... 2.1...... ............... 306, 307.. 306....... 306....... Forbidden...... Forbidden...... D......... 40
machines,
containing
flammable, non-
toxic,
liquefied gas.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 34075]]
0
8. In Sec. 172.102, in paragraph (c)(1), in Special provision 53, the
first sentence is revised and new Special provision 172 is added in
appropriate numerical order to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
53 Packages of these materials must bear the subsidiary risk label,
``EXPLOSIVE'', and the subsidiary hazard class/division must be entered
in parentheses immediately following the primary hazard class in the
shipping description, unless otherwise provided in this subchapter or
through an approval issued by the Associate Administrator, or the
competent authority of the country of origin. * * *
* * * * *
172 This entry includes alcohol mixtures containing up to 5%
petroleum products.
* * * * *
0
9. In Sec. 172.203, a new paragraph (l)(4) is added to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(1) * * *
(4) Except when transported aboard vessel, marine pollutants in
non-bulk packagings are not subject to the requirements of this
subchapter (see Sec. 171.4 of this subchapter).
* * * * *
0
10. In Sec. 172.205, a new paragraph (i) is added to read as follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(i) The shipping description for a hazardous waste must be modified
as required by Sec. 172.101(c)(9).
0
11. In Sec. 172.504, paragraph (g)(2) is revised to read as follows:
Sec. 172.504 General placarding requirements.
* * * * *
(g) * * *
(2) Explosive articles of compatibility groups C, D, or E, when
transported with those in compatibility group N, may be placarded
displaying compatibility group D.
* * * * *
Sec. 172.519 [Amended]
0
12. In Sec. 172.519, in paragraph (f), the wording ``the ICAO
Technical Instructions, the IMDG Code, or the TDG Regulations,'' is
removed and the wording `` the ICAO Technical Instructions, the IMDG
Code, or the TDG Regulations (IBR, see Sec. 171.7 of this
subchapter),'' is added in its place.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
13. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
Sec. 173.7 [Amended]
0
14. In Sec. 173.7, in paragraph (a) introductory text, the wording
``Performance Oriented Packaging of Hazardous Material, DLAR 4145.41/AR
700-143/AFR 71-5/NAVSUPINST 4030.55/MCO 4030.40'' is removed and the
wording ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI
24-210/NAVSUPINST 4030.55B/MCO 4030.40B (IBR, see Sec. 171.7 of this
subchapter)'' is added in its place.
0
15. In Sec. 173.28, paragraph (b)(3) is revised to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(b) * * *
(3) Packagings made of paper (other than fiberboard), plastic film,
or textile are not authorized for reuse;
* * * * *
0
16. In Sec. 173.31, in paragraph (b)(5), the second sentence is
revised to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(b) * * *
(5) * * * Tank cars not requiring bottom-discontinuity protection
under the terms of Appendix Y of the AAR Specifications for Tank Cars
as of July 1, 1996, must conform to these requirements no later than
July 1, 2006, except that tank cars transporting a material that is
hazardous only because it meets the definition of an elevated
temperature material or because it is molten sulfur do not require
bottom discontinuity protection. * * *
* * * * *
0
17. In Sec. 173.241, paragraph (c) is amended by adding a new last
sentence to read as follows:
Sec. 173.241 Bulk packagings for certain low hazard liquid and solid
materials.
* * * * *
(c) * * * For transportation of combustible liquids by vessel,
additional requirements are specified in Sec. 176.340 of this
subchapter.
* * * * *
0
18. In Sec. 173.301, paragraphs (a)(9), (l)(2) and (m) introductory
text are revised to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
(a) * * *
(9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and
39 cylinders must be packed in strong non-bulk outer packagings. The
outside of the combination packaging must be marked with an indication
that the inner packagings conform to the prescribed specifications.
* * * * *
(1) * * *
(2) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved.
* * * * *
(m) Canadian cylinders in domestic use. A Canadian Transport
Commission (CTC) specification cylinder manufactured, originally marked
and approved in accordance with the CTC regulations and in full
conformance with the Canadian Transport of Dangerous Goods (TDG)
Regulations (IBR, see Sec. 171.7 of this subchapter) is authorized for
the transportation of a hazardous material to, from or within the
United States under the following conditions:
* * * * *
0
19. In Sec. 173.302a, the last sentence in paragraph (a)(2), paragraph
(a)(3) and the first sentence in paragraph (d) are revised, and a new
paragraph (e) is added to read as follows:
Sec. 173.302a Additional requirements for shipment of nonliquefied
(permanent) compressed gases in specification cylinders.
(a) * * *
(2) * * * Specification 3HT cylinders may be offered for
transportation only when packaged in accordance with Sec.
173.301(a)(9).
(3) DOT 39 cylinders. When the cylinder is filled with a Division
2.1 material, the internal volume of the cylinder may not exceed 1.23 L
(75 in\3\.
* * * * *
(d) * * * Diborane and diborane mixed with compatible compressed
gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. * * *
(e) Fluorine. Fluorine must be shipped in specification 3A1000,
[[Page 34076]]
3AA1000, or 3BN400 cylinders without pressure relief devices and
equipped with valve protection cap. The cylinder may not be charged to
over 400 psig at 21[deg]C (70[deg] F) and may not contain over 2.7 kg
(6 lbs) of gas.
0
20. In Sec. 173.304a, in the paragraph (a)(2) table,
0
a. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized'',
in column 1, the wording ``DOT-3A240'' is removed;
0
b. In column 3, make the following changes:
0
i. For the entry ``Anhydrous ammonia'', remove the phrases ``DOT-4;''
and ``DOT-4A480;'';
0
ii. For the entry ``Bromotrifluoromethane'', remove the phrase ``DOT-
4A400;'' and revise ``DOT-3AL40'' to read ``DOT-3AL400.'';
0
iii. For the entry ``Chlorodifluoromethane R-22)'', remove the phrase
``DOT-41;'';
0
iv. For the entry ``Chloropentafluorethane R-115)'', remove the phrase
``DOT-4A225;'';
0
v. For the entry ``Cyclopropane'', remove the phrase ``DOT-4A225;'';
0
vi. For the entry ``Dichlorodifluoromethane R-12)'', remove the phrases
``DOT-4A225;'', ``DOT-9;'' and ``DOT-41;'';
0
vii. For the entry ``Dichlorodifluoromethane and difluoroethane mixture
(constant boiling mixture) (R-500)'', remove the phrases ``DOT-4A240;''
and ``DOT-9;'';
0
viii. For the entry ``Hydrogen sulfide'', remove the phrase ``DOT-
4A480;'';
0
ix. For the entry ``Insecticide, gases liquefied'', remove the phrase
``DOT-9; DOT-40; DOT-41;'';
0
x. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized'',
remove the phrase ``DOT-4; DOT-41;'';
0
xi. For the entry ``Methyl chloride'', remove the phrases ``DOT-
4A225;'' and ``DOT-4; DOT-38;'' and ``DOT-4A150;'';
0
xii. For the entry ``Refrigerant gas, n.o.s. or Dispersant gas,
n.o.s.'', remove the phrases ``DOT-4A240;'' and ``DOT-9;'';
0
xiii. For the entry ``Sulfur dioxide'', remove the phrases ``DOT-
4A225;'' ``DOT-4; DOT-38;'';
0
xiv. For the entry ``Trifluorochloroethylene, stabilized'', remove the
phrase ``DOT-4A300;''; and
0
c. In Note 7 following the table, the last sentence is revised to read
as set forth below;
0
d. In Note 8, the phrase ``Sec. 173.301(a)(8)'' is revised to read
``Sec. 173.301(a)(9)''.
Sec. 173.304a Additional requirements for shipment of liquefied
compressed gases in specification cylinders.
(a) * * *
(2) * * *
Note 7: * * * Cylinders may be offered for transportation only
when packaged in accordance with Sec. 173.301(a)(9).
* * * * *
0
21. In Sec. 173.314, paragraph (g)(1) is revised to read as follows:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(g) * * *
(1) The shipper shall notify the Federal Railroad Administration
whenever a tank car is not received by the consignee within 20 days
from the date of shipment. Notification to the Federal Railroad
Administration may be made by e-mail to Hmassist@fra.dot.gov or
telephone call to (202) 493-6229.
* * * * *
0
22. In Sec. 173.315, in the paragraph (a) table, in column 4, the
entry ``Ammonia, anhydrous or Ammonia solutions with greater than 50%
ammonia'' is amended by removing the wording ``Notes 12 and 17'' and
adding the wording ``Notes 12, 17 and 27'' in its place; and following
the table, a new Note 27 is added in the appropriate numerical order to
read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
(a) * * *
Note 27: Non-specification cargo tanks may be used for
transportation of Ammonia, anhydrous and ammonia solutions with
greater than 50% ammonia, subject to the conditions prescribed in
paragraph (m) of this section.
* * * * *
0
23. In Sec. 173.319, paragraph (a)(3) is revised to read as follows:
Sec. 173.319 Cryogenic liquids in tank cars.
(a) * * *
(3) The shipper shall notify the Federal Railroad Administration
whenever a tank car containing any flammable cryogenic liquid is not
received by the consignee within 20 days from the date of shipment.
Notification to the Federal Railroad Administration may be made by e-
mail to Hmassist@fra.dot.gov or telephone call to (202) 493-6229.
* * * * *
0
24. In Sec. 173.337, in the introductory text, the first sentence is
revised to read as follows:
Sec. 173.337 Nitric oxide.
Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or
3AL1800 cylinders charged to a pressure of not more than 5,170 kPa (750
psig) at 21 [deg]C (70 [deg]F) and conforming to the requirements in
Sec. 173.40. * * *
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
25. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
26. In Sec. 178.338-2, in paragraph (a), the last sentence is revised
to read as follows:
Sec. 178.338-2 Material.
(a) * * * All material used for evacuated jacket pressure parts
must conform to the chemistry and steelmaking practices of one of the
material specifications of Section II of the ASME Code or the following
ASTM Specifications (IBR, see Sec. 171.7 of this subchapter): A 242, A
441, A 514, A 572, A 588, A 606, A 633, A 715, A 1008/A 1008M, A 1011/A
1011M.
* * * * *
Sec. 178.345-2 [Amended]
0
27. In Sec. 178.345-2, in paragraph (a)(1), the wording ``ASTM A 607''
is removed and the wording ``ASTM A 1008/ A 1008M, ASTM A 1011/A
1011M'' is added in the appropriate numerical order.
Sec. 178.606 [Amended]
0
28. In Sec. 178.606, in paragraph (c)(2)(ii), the following changes
are made:
0
a. In the formula, the wording ``Solids: A = (N-1) [w + (s x v x 8.3 x
.95) x 1.5'' is removed and the wording ``Solids: A = (N-1) (m x 1.5)''
is added in its place;
0
b. In the definitions following the formula, the wording ``m = the
certified maximum gross mass for the container in kilograms;'' is added
in appropriate alphabetical order.
PART 179--SPECIFICATIONS FOR TANK CARS
0
29. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
0
30. In Sec. 179.200-7, in paragraph (e), the first sentence is revised
to read as follows:
Sec. 179.200-7 Materials.
* * * * *
(e) Nickel plate: Nickel plate must comply with the following
specification (IBR, see Sec. 171.7 of this subchapter): * * *
* * * * *
[[Page 34077]]
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
31. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
32. In Sec. 180.205, paragraphs (c)(2)(i), (i)(2) and (i)(3) are
revised to read as follows:
Sec. 180.205 General requirements for requalification of cylinders.
* * * * *
(c) * * *
(2) * * *
(i) Rejected and may be repaired or rebuilt in accordance with
Sec. 180.211 or Sec. 180.212, as appropriate; or
* * * * *
(i) * * *
(2) When a cylinder must be condemned, the requalifier must--
(i) Stamp a series of X's over the DOT specification number and the
marked pressure or stamp ``CONDEMNED'' on the shoulder, top head, or
neck using a steel stamp;
(ii) For composite cylinders, securely affix to the cylinder a
label with the word ``CONDEMNED'' overcoated with epoxy near, but not
obscuring, the original cylinder manufacturer's label; or
(iii) As an alternative to the stamping or labeling as described in
this paragraph (i)(2), at the direction of the owner, the requalifier
may render the cylinder incapable of holding pressure.
(3) No person may remove or obliterate the ``CONDEMNED'' marking.
In addition, the requalifier must notify the cylinder owner, in
writing, that the cylinder is condemned and may not be filled with
hazardous material and offered for transportation in commerce where use
of a specification packaging is required.
0
33. A new section 180.212 is added to read as follows:
Sec. 180.212 Repair of DOT-3 series specification cylinders.
(a) General requirements for repair of DOT 3 series cylinders. (1)
No person may repair a DOT 3-series cylinder unless--
(i) The repair facility holds an approval issued under the
provisions of subpart I of part 107 of subchapter A of this chapter;
and
(ii) Except as provided in paragraph (b) of this section, the
repair and the inspection are performed under the provisions of an
approval issued under subpart H of part 107 of subchapter A of this
chapter and conform to the applicable cylinder specification contained
in Part 178 of this subchapter.
(2) The person performing the repair must prepare a report
containing, at a minimum, the results prescribed in Sec. 180.215.
(b) Repairs not requiring prior approval. Approval is not required
for the following specific repairs:
(1) The removal and replacement of a neck ring or foot ring on a
DOT 3A, 3AA, or 3B cylinder that does not affect a pressure part of the
cylinder when the repair is performed by a repair facility or a
cylinder manufacturer of these types of cylinders. The repair may be
made by welding or brazing in conformance with the original
specification. After removal and before replacement, the cylinder must
be visually inspected and any defective cylinder must be rejected. The
heat treatment, testing and inspection of the repair must be performed
under the supervision of an inspector and in accordance with the
original specification.
(2) External re-threading of a DOT 3AX, 3AAX or 3T cylinder or
internal re-threading of a DOT-3 series cylinder to restore the total
number of neck threads engaged to the condition specified in the
applicable specification. The repair work must be performed by a
manufacturer of these types of cylinders. Upon completion of the re-
threading, the threaded opening must be inspected by an independent
inspection agency and gauged in accordance with Federal Standard H-28
or an equivalent standard containing the same specification limits. The
re-threaded cylinder must be stamped clearly and legibly with the word
``RETHREAD'' on the shoulder, head, or neck. No cylinder may be re-
threaded more than one time without approval of the Associate
Administrator.
0
34. In Sec. 180.417, paragraph (b)(2)(v) is revised to read as
follows:
Sec. 180.417 Reporting and record retention requirements.
* * * * *
(b) * * *
(2) * * *
(v) ASME or National Board Certificate of Authorization number of
facility performing repairs, if applicable;
* * * * *
Issued in Washington, DC on June 6, 2005 under authority
delegated in 49 CFR part 1.
Stacey L. Gerard,
Acting Assistant Administrator/Chief Safety Officer, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 05-11647 Filed 6-10-05; 8:45 am]
BILLING CODE 4910-60-P