[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Proposed Rules]
[Pages 33216-33230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15272]
[[Page 33215]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Performance-Oriented Packaging Standards: Final Transitional
Provisions; Proposed Rule
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 /
Proposed Rules
[[Page 33216]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 178
[Docket No. HM-181H; Notice No. 96-11]
RIN 2137-AC80
Performance-Oriented Packaging Standards; Final Transitional
Provisions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA is proposing to incorporate into the Department's
Hazardous Materials Regulations (HMR) a number of changes, based on
agency initiative, petitions for rulemaking and comments received at
public meetings, to the classification of certain hazardous materials
which are poisonous by inhalation and to provisions for the
manufacture, use and reuse of hazardous materials packagings. The
intended effect of these regulatory changes is to improve safety,
reduce costs to offerors and transporters of hazardous materials, make
the regulations easier to use and correct errors.
DATES: Comments must be received on or before August 2, 1996.
ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous
Materials Safety, RSPA, U.S. Department of Transportation, Washington,
DC 20590-0001. Comments should identify the docket and notice number
and be submitted, when possible, in five copies. Persons wishing to
receive confirmation of receipt of their comments should include a
self-addressed, stamped postcard. The Dockets Unit is located in Room
8421 of the Nassif Building, 400 Seventh Street SW., Washington, DC
20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday,
except on public holidays when the office is closed.
FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-8553,
Office of Hazardous Materials Standards, or Bill Gramer, telephone
(202) 366-4545, Office of Hazardous Materials Technology, Research and
Special Programs Administration, Washington DC, 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 1990, RSPA published a final rule [Docket HM-181;
55 FR 52402], which comprehensively revised the HMR with respect to
hazard communication, classification, and packaging requirements based
on the United Nations (UN) Recommendations on the Transport of
Dangerous Goods. A document responding to petitions for reconsideration
and containing editorial and substantive revisions to the final rule
was published on December 20, 1991 [56 FR 66124]. On October 1, 1992,
under Dockets HM-181 and HM-189, RSPA issued editorial and technical
corrections to the regulations published in 1991. On September 24,
1993, RSPA issued a final rule under Docket HM-181F [58 FR 50224] which
made changes to the HMR based on agency initiative and petitions for
rulemaking received since the December 20, 1991 response to petitions
for reconsideration. That final rule primarily revised requirements
with a mandatory compliance date of October 1, 1993, as provided in the
transitional provisions in Sec. 171.14(b)(4).
This rule, as proposed, addresses most remaining issues associated
with the implementation of Docket HM-181 provisions and certain other
issues arising from a final rule issued December 29, 1994, under Docket
HM-215A [59 FR 67390]. Many of these proposed changes are to
requirements with a compliance date of October 1, 1996. These issues
have been raised through petitions for rulemaking and agency
initiative. Although these proposed changes focus primarily on
provisions concerning hazard classification and the maintenance and use
of performance packaging, RSPA also is proposing changes to
intermediate bulk container (IBC) requirements, portable tank
requirements, and regulated medical waste provisions adopted under
Dockets HM-181E and HM-181G, respectively. Several current exemptions
would be converted into regulations of general applicability, and an
approval concerning design qualification and periodic testing would be
incorporated into the HMR.
This proposed rule does not address the manufacture, maintenance
and use of fiber drums. A final rule was published February 29, 1996
[61 FR 7958] which extends the authority to ship certain liquid
hazardous materials in open-head fiber drums that do not meet
performance-oriented packaging standards for hazardous materials in
Packing Group III.
This proposed rule is consistent with the goals of President
Clinton's Regulatory Reinvention Initiative. The President directed
Federal agencies to review all agency regulations and eliminate or
revise those that are outdated or in need of reform. A notice issued
April 4, 1995 by RSPA requested comments on regulatory reform (Docket
HM-222; 60 FR 17049) and announced a comprehensive review of the HMR to
identify provisions that are candidates for elimination, revision,
clarification, or relaxation. Certain proposed changes in this document
reflect the results of this review.
II. Summary of Proposed Regulatory Changes by Section
Listed below is a section-by-section summary of the proposed
changes and, where applicable, the assigned petition number.
Part 171
Section 171.7. The table of material incorporated by reference
would be amended by adding a new entry referencing a publication issued
by the Department of Health and Human Services for defining biosafety
levels.
Section 171.14. All transitional provisions reflecting a compliance
date of October 1, 1996, or earlier would be removed. Three remaining
transition provisions apply to packages filled prior to October 1,
1991, new placard specifications, and authorization for use of fiber
drums.
Part 172
Section 172.101. The text preceding the Sec. 172.101 Hazardous
Materials Table (HMT) sets forth procedures for using the HMT. RSPA
received a petition for rulemaking [P-1169] from the Hazardous
Materials Advisory Council (HMAC) requesting clarification of the
procedures contained in paragraph (c)(12)(iii) for selecting a proper
shipping name for a material that meets the definition of more than one
hazard class. RSPA agrees and is proposing to replace the phrase
``identify . . . by a specific description'' with ``identify . . .
specifically by name'' and include an example.
Section 172.101; the Hazardous Materials Table (HMT). A new entry
to provide for the domestic transportation of black powder for small
arms reclassed as a Division 4.1 would be added. This proposed revision
is in response to a petition [P-1295] asking RSPA to incorporate the
provisions of an exemption (DOT-E-8958) into regulations of general
applicability. As part of the justification for the request, the
petitioner noted an incident-free shipping history of more than 12
years and cited comparable provisions for smokeless powder, small arms
cartridges and power device cartridges. In conjunction with this
proposed
[[Page 33217]]
change, a new Special Provision 70 and new non-bulk packaging section
Sec. 173.170 would be added.
In the HMT, the entries ``Chlorosilanes, n.o.s.'', with
identification numbers UN 2986, UN 2987, and UN 2988, are not
authorized to be shipped in IM portable tanks. A petitioner [P-1257]
requested that RSPA authorize IM portable tanks for all chlorosilanes
because individual chlorosilanes, such as Ethyldichlorosilane,
Methyldichlorosilane and Trichlorosilane, pose similar hazards and are
authorized under the HMR to be shipped in IM portable tanks. RSPA
agrees with the petitioner that authorizing certain IM portable tanks
for all chlorosilanes would not compromise safety and would be
consistent with packaging authorizations for other materials posing
similar hazards. RSPA proposes to add special provisions in Column (7)
for ``Chlorosilanes, n.o.s.'', with identification numbers UN 2986, UN
2987, and UN 2988, to permit the transport of these materials in IM
portable tanks.
Bulk packaging references for three Type F organic peroxides (UN
3110, UN 3119, and UN 3120) would be revised by changing ``None'' to
``225'' in Column (8C) to indicate that these materials are authorized
in bulk packagings. In addition, for the entries ``Organic Peroxide,
type F, liquid (or solid), temperature controlled'' (UN 3119 and UN
3120), in Column (8A), the packaging exception reference ``152'' would
be removed for each entry to indicate that these temperature controlled
organic peroxides are not eligible for packaging exceptions.
Twenty-nine entries classed as Division 4.3 (dangerous when wet)
solids in Packing Groups II and III would be amended by revising Column
(8A) to authorize Sec. 173.151 as a packaging exception section.
Revisions to Classification and Hazard Zone Identification for
Certain Materials Poisonous by Inhalation. Based on acute inhalation
toxicity data and related information obtained by RSPA, the HMT would
be amended to change the hazard zone for some materials poisonous by
inhalation, and to add other materials to the list of materials
poisonous by inhalation. For certain materials this revision would
impose more stringent hazard communication and packaging requirements.
The materials and a description of the data on which these proposals
are based are listed as follows:
a. Bromine trifluoride (UN1746). This material is a liquid at
20 deg.C and is identified as a Hazard Zone B inhalation hazard. Based
on harmonization of the HMR with the UN Recommendations (Eighth revised
edition), bromine trifluoride is assigned to Division 5.1. However,
according to Sec. 173.2a(a), ``Division 6.1 (poisonous liquids),
Packing Group I, poisonous-by-inhalation only'' takes precedence over
``Division 5.1 (oxidizers).'' Therefore, RSPA is proposing to add the
plus (+) symbol to Column 1 of the entry for bromine trifluoride.
b. Hydrogen cyanide, solution in alcohol (with not more than 45
percent hydrogen cyanide) (UN3294). This material is a liquid at
20 deg.C and is classified as a Division 6.1 material. Packing Group I
only is assigned. Hydrogen cyanide, stabilized (UN1051), is identified
as a Hazard Zone A inhalation hazard. Therefore, based on the toxicity
and volatility of hydrogen cyanide, the packing group assigned and the
dilution factor for this solution of hydrogen cyanide, RSPA is
proposing to identify hydrogen cyanide, solution in alcohol with not
more than 45 percent hydrogen cyanide as a Hazard Zone B inhalation
hazard.
c. Metal carbonyls, n.o.s. (UN3281). This generic entry covers
Division 6.1, Packing Group I, II and III toxic metal carbonyls that
are not specifically listed by name but which exhibit acute oral,
dermal and/or inhalation toxicity. The acute toxicity of these metal
carbonyls may differ from one compound to another. Those toxic by
inhalation may fall into Hazard Zone A or Hazard Zone B. Others may not
be toxic by inhalation, but may exhibit oral and/or dermal toxicity,
which places them in Division 6.1, Packing Group I. Therefore, RSPA is
proposing to add special provision ``5'' to Column 7 of the entry for
metal carbonyls, n.o.s. at the Packing Group I level.
d. Methanesulfonyl chloride (UN3246). This material is a liquid at
20 deg.C and is classified as a Division 6.1 material. Acute inhalation
toxicity data for this material was obtained from a Special Approval
application before the material was listed by name in the UN
Recommendations (Seventh revised edition) and, subsequently, in the
HMR. Following publication of the final rule under Docket HM-215A (59
FR 67390; December 29, 1994), a manufacturer submitted data identifying
the material as a Hazard Zone B inhalation hazard (rat; LC50:205 ppm/1H
(hour); V (saturated vapor concentration):2760 ppm). RSPA agrees with
the data and is proposing to identify methanesulfonyl chloride as a
Hazard Zone B inhalation hazard.
e. Methyl vinyl ketone (UN1251). This material is a liquid at
20 deg.C and is classified as a Class 3 material. Acute inhalation
toxicity data for methyl vinyl ketone was listed in the Registry of
Toxic Effects of Chemical Substances (RTECS) (RTECS: EM9800000), as
follows: Rat; LC50:7 mg/m\3\/4H. The value, converted to ppm/one hour,
was: Rat; LC50:5 ppm/1H. The saturated vapor concentration was
calculated to be: V:93400 ppm at 20 deg.C, indicating that methyl vinyl
ketone is a material poisonous by inhalation and falls within Hazard
Zone A. RSPA agrees with this data and is proposing to identify methyl
vinyl ketone as a Hazard Zone A inhalation hazard. Also, to maintain
harmony with the UN Recommendations (Eighth revised edition), RSPA is
proposing to add the plus (+) symbol to Column 1 of the entry for
methyl vinyl ketone.
f. Nitriles, toxic, flammable, n.o.s. (UN3275). This generic entry
covers Division 6.1, Packing Group I and II toxic, flammable nitriles
that are not specifically listed by name but exhibit acute oral, dermal
and/or inhalation toxicity. The acute toxicity of these nitriles may
differ from one compound to another. Those toxic by inhalation may fall
into Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by
inhalation, but may exhibit oral and/or dermal toxicity which places
them in Division 6.1, Packing Group I. Therefore, RSPA is proposing to
add special provision ``5'' to Column 7 of the entry for nitriles,
toxic, flammable, n.o.s. at the Packing Group I level.
g. Nitriles, toxic, n.o.s. (UN3276). This generic entry covers
Division 6.1, Packing Group I, II and III toxic nitriles that are not
specifically listed by name but exhibit acute oral, dermal and/or
inhalation toxicity. The acute toxicity of these nitriles may differ
from one compound to another. Those toxic by inhalation may fall into
Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by
inhalation, but may exhibit oral and/or dermal toxicity which places
them in Division 6.1, Packing Group I. Therefore, RSPA is proposing to
add special provision ``5'' to Column 7 of the entry for nitriles,
toxic, n.o.s. at the Packing Group I level.
h. Organoarsenic compound, n.o.s. (UN3280). This generic entry
covers Division 6.1, Packing Group I, II and III toxic organoarsenic
compounds that are not specifically listed by name but exhibit acute
oral, dermal and/or inhalation toxicity. The acute toxicity of these
organoarsenic compounds may differ from one compound to another. Those
toxic by inhalation may fall into Hazard Zone A or Hazard Zone B.
Others may not be toxic by inhalation, but may exhibit oral and/or
dermal
[[Page 33218]]
toxicity which places them in Division 6.1, Packing Group I. Therefore,
RSPA is proposing to add special provision ``5'' to Column 7 of the
entry for organoarsenic compound, n.o.s. at the Packing Group I level.
i. Organophosphorus compound, toxic, flammable, n.o.s. (UN3279).
This generic entry covers Division 6.1, Packing Group I and II toxic,
flammable organophosphorus compounds that are not specifically listed
by name but may exhibit acute oral, dermal and/or inhalation toxicity.
The acute toxicity of these organophosphorus compounds may differ from
one compound to another. Those toxic by inhalation may fall into Hazard
Zone A or Hazard Zone B. Others may not be toxic by inhalation, but may
exhibit oral and/or dermal toxicity which places them in Division 6.1,
Packing Group I. Therefore, RSPA is proposing to add special provision
``5'' to Column 7 of the entry for organophosphorus compound, toxic,
flammable, n.o.s. at the Packing Group I level.
j. Organophosphorus compound, toxic, n.o.s. (UN3278). This generic
entry covers Division 6.1, Packing Group I, II and III toxic
organophosphorus compounds that are not listed by name but exhibit
acute oral, dermal and/or inhalation toxicity. The acute toxicity of
these organophosphorus compounds may differ from one compound to
another. Those toxic by inhalation may fall into Hazard Zone A or
Hazard Zone B. Others may not be toxic by inhalation, but may exhibit
oral and/or dermal toxicity which places them in Packing Group I.
Therefore, RSPA is proposing to add special provision ``5'' to Column 7
of this entry for organophosphorus compound, toxic, n.o.s. at the
Packing Group I level.
k. Phosphorus pentafluoride (UN2198). This material is a gas at
20 deg.C and is currently identified as a Hazard Zone A inhalation
hazard - a tentative classification since no acute inhalation toxicity
data was available. The Compressed Gas Association, Inc. (CGA) has
reviewed the acute inhalation toxicity of phosphorous pentafluoride,
among others. In their Standard for Classification of Toxic Gas
Mixtures (CGA P-20--1995), the CGA estimates the toxicity to be: Rat;
LC50:260 ppm/1H. RSPA agrees with the CGA estimate and is proposing to
identify phosphorus pentafluoride as a Hazard Zone B inhalation hazard.
l. Tungsten hexafluoride (UN2196). This material is a gas at
20 deg.C and is currently identified as a Hazard Zone C inhalation
hazard. This was an RSPA estimate since no acute inhalation toxicity
data was available. The CGA has reviewed the acute inhalation toxicity
of tungsten hexafluoride. In their Standard for Classification of Toxic
Gas Mixtures, the CGA estimates the toxicity to be: Rat; LC50:217 ppm/
1H. RSPA agrees with the CGA estimate and is proposing to identify
phosphorus pentafluoride as a Hazard Zone B inhalation hazard.
Section 172.102. Special Provision B59, which authorizes AAR 207A
rail cars for phosphorus pentasulfide, would be revised based on a
petition [P-1286] submitted by the Association of American Railroads
(AAR). In its petition, the AAR maintained that the current
authorization in B59 for AAR Specification ``207A tank cars'' is not
correct. The AAR acknowledged that it has contributed to the problem by
referring to these cars in its Tank Car Manual as tank cars, when they
are, in fact, hopper cars used to transport solid materials. RSPA
agrees that these cars are more appropriately described as hopper cars
and proposes to amend Special Provision B59 accordingly.
A new special provision (N42) would be added to authorize a UN 1A1
steel drum for stabilized benzyl chloride. Prior to the adoption of
performance packaging standards under Docket HM-181, the use of DOT
Specification 5A and 17C steel drums was authorized for stabilized
benzyl chloride. Under Docket HM-181, Special Provision N43 was
assigned to both stabilized and unstabilized benzyl chloride, which
prohibited use of metal drums other than those constructed of monel or
nickel. Based on a petition for rulemaking [P-1296], RSPA agrees with
the petitioner that certain 1A1 steel drums having a phenolic lining
are appropriate for stabilized benzyl chloride. Therefore, RSPA is
proposing to remove N43 from the entry for benzyl chloride and replace
it with a new special provision N42, which will allow use of phenolic-
lined steel drums with a minimum thickness of 0.050 inches which have
been tested and certified to a Packing Group I level at a specific
gravity of 1.8.
Section 172.302. In the general marking requirements for bulk
packagings, markings on portable tanks with capacities of less than
3,785 L (1,000 gallons) must be at least 6.0 mm (0.24 inch) wide and at
least 25 mm (one inch) high. RSPA received a petition for rulemaking
[P-1191] requesting that paragraph (b)(2) of this section be amended to
decrease to 3 mm the minimum width of markings required on portable
tanks having a capacity less than 3,785 L (1,000 gallons). The
petitioner stated that the required minimum width (6 mm) is
disproportionate to the required minimum height (25 mm). The petitioner
stated that this marking is difficult to read, which reduces the
effectiveness of the marking. RSPA agrees that the width of the
markings should be proportionate to the height, but believes that 3 mm
may be too narrow for the size of the packaging. In this notice, RSPA
proposes to revise the minimum width of markings for portable tanks
with capacities less than 3,785 L (1,000 gallons) to 4 mm (0.16
inches). In addition, minimum height of markings required on IBCs would
be specified in paragraph (b)(2) as 25 mm (one inch). Currently,
minimum height markings for IBCs would fall under paragraph (b)(3) with
IBCs described as ``other bulk packagings'' which are required to have
a minimum height of 50 mm (2.0 inches). RSPA has received comments
requesting the minimum height requirement be lowered for IBCs. After
reviewing this issue, RSPA agrees that the minimum marking height for
IBCs should be consistent with markings for smaller portable tanks and
is proposing a reduction in both height and width for IBCs.
Section 172.504. In response to a petition for rulemaking from HMAC
[P-1169], RSPA is proposing to remove paragraph (f)(8), which allows a
CLASS 9 placard to be substituted for a COMBUSTIBLE LIQUID placard for
a material meeting both Combustible liquid and Class 9 hazard classes.
HMAC noted the potential for confusion and delay of a shipment because
of inconsistencies between the documentation and marking requirements
describing a Combustible liquid and the application of CLASS 9
placards. In addition, this alternative placarding conflicts with
paragraph (f)(9), which provides an exception from placarding for Class
9 materials in domestic transportation.
Part 173
Section 173.24a. It has come to RSPA's attention that certain
cushioning materials deteriorate if there is even minimal leakage from
an inner packaging. A degradation of cushioning materials could
seriously reduce the effectiveness of a packaging and render it as not
conforming to its marked performance standard or not meeting general
packaging requirements. Paragraph (a)(3) would be revised to clarify
that cushioning material used to protect inner packagings must not be
adversely affected (e.g., disintegrate) if there is leakage of a
hazardous material from the inner packagings. This clarification is
consistent with
[[Page 33219]]
international air transport provisions contained in the International
Civil Aviation Organization's Technical Instructions.
Currently, paragraphs (b)(1) and (b)(2) provide filling limits for
single and composite packagings, but no such limits are provided for
combination packagings. RSPA proposes to revise paragraph (b)(2) of
this section to prescribe filling limits for all non-bulk packagings,
including combination packagings. This provision would prohibit
combination packagings from being filled with a hazardous material to a
gross mass greater than the maximum gross mass marked on the packaging.
In addition, a new paragraph (e) would be added to incorporate a
definition for stainless steel as it pertains to non-bulk packaging.
This is consistent with paragraph (b) in Sec. 173.24b for calculating
equivalent steel for bulk packagings.
Section 173.28. RSPA received a petition [P-1303] requesting that
paragraph (b)(4) be revised to incorporate a calculation which may be
used to determine an equivalent drum thickness for stainless steel
drums. The petitioner maintained that drums fabricated of stainless
steel are less susceptible to damage or a reduction in structural
integrity resulting from mechanical stresses associated with handling
and reuse. The petitioner further claimed that an equivalent level of
safety can be achieved through reuse of a thinner stainless steel drum
and noted the same method is authorized already in the HMR for
calculating equivalent minimum thicknesses of portable tanks and metal
IBCs. RSPA agrees, and is proposing to add a formula in paragraph
(b)(4) for calculating an equivalent minimum thickness for stainless
steel drums. This proposed formula is consistent with the formula
contained in Sec. 178.705 for calculating minimum wall thicknesses for
metal IBCs.
The Association of Container Reconditioners (ACR) submitted a
petition for rulemaking [P-1292] dated August 10, 1995, asking RSPA to
revise the footnote in paragraph (b)(4) once again to reflect a 1.1 mm
(0.043 inch) head. This footnote has been revised three times since the
issuance of the 1990 Docket HM-181 final rule. In 1988, ACR (formerly
National Barrel and Drum Association) was among commenters to the HM-
181 NPRM asking RSPA to allow the ``20/18 gauge'' drum. RSPA responded
to this comment in the 1990 final rule by adopting a footnote to the
Sec. 173.28(b)(4) minimum thickness table, to allow the ``20/18 gauge''
drum, (i.e. drums of 220 liters with a body thickness of 0.82 mm and
head thickness of 1.09 mm) to be reused. The 1991 revised final rule
under Docket HM-181 amended the footnote to allow a minimum body
thickness of 0.8 mm, with minimum head thickness of 1.1 mm. This change
was not based on comments or RSPA's intent to change minimum thickness
requirements, but from revised methods of rounding metric units. In
1993, the eighth revised edition of the UN Recommendations adopted a
requirement to mark nominal thickness, which is tied to minimum
thickness by ISO 3574. RSPA, in response to an ACR request for
clarification, stated that drums marked in accordance with the UN
Recommendations would be satisfactory, but they must be marked with the
minimum thickness to the nearest 0.1 mm. In the 1994 edition of the
HMR, Footnote 1 continued to authorize a minimum thickness of 0.8 mm
(0.03 inch) body and 1.1 mm (0.043 inch) head. No changes to the
footnote were proposed in the Docket HM-215A NPRM published July 18,
1994, but in its September 6, 1994 comment to this proposed rule, ACR
``strongly'' urged RSPA to restore Footnote 1 to the original provision
implemented in the 1990 HM-181 final rule ( 0.82 mm body and 1.09 mm
head). ACR stated: ``In reprinting this table in 1991, however, the
thicknesses identified in this footnote were changed, from 0.82 mm
(0.0324 inch) to `0.8 mm (0.03 inch' in the body and from 1.09 mm
(0.0428 inch) to `1.1 mm (0.043 inch)' in the heads.'' ACR claimed
these criteria do not correspond to the 20/18 gauge DOT specification
drums in current use at the time HM-181 was adopted, ``nor were they
explained in any fashion in the preamble to the second printing of the
final rule.'' ACR suggested that the footnote ``could be recast'' to
prescribe ``0.9 mm nominal (0.82 mm minimum) body and 1.2 mm nominal
(1.1 mm minimum) body''. In the December 29, 1994 final rule issued
under HM-215A, RSPA adopted a requirement to mark drums with nominal,
rather than minimum thickness, based on revised UN Recommendations, but
retained minimum thickness standards for reuse. In Footnote 1, RSPA
revised the 0.8 mm thickness to read ``0.80 mm'' for clarity. On
January 27, 1995, ACR submitted a petition for reconsideration of HM-
215A final rule within the prescribed 30-day period following the
December 29, 1994 final rule. ACR requested an immediate ``spot''
amendment to Footnote 1. In its petition, ACR stated ``. . . we ask you
to issue an immediate correction to the footnote to Sec. 173.28(b)(4)
to make it read properly as it did in the December 21, 1990 Federal
Register: `Metal drums or jerricans constructed with a minimum
thickness of 0.82 mm (0.032 inch) body and 1.09 mm (0.043 inch) heads
are authorized.' '' However, on February 24, 1995, after the petition
for reconsideration period for HM-215A had ended, ACR submitted another
letter ``intended to provide clarifying detail'' regarding Footnote 1.
This letter indicated the footnote should be corrected to express
minimum thicknesses for nominal markings in accordance with the ISO
standard and should reference a minimum thickness of 0.82 mm body and
1.11 mm heads, which would bear a nominal marking ``1.2/0.9/1.2.'' Less
than a month after receipt of the petition requesting an immediate
correction to authorize 1.09 mm minimum thickness for heads, ACR again
requested a minimum thickness of 1.11 mm heads. A revised final rule
under Docket HM-215A issued on May 18, 1995, addressed the ACR petition
of January 27, 1995, by restoring the minimum thicknesses of 0.82 mm
body and 1.09 heads, as adopted in the HM-181 final rule issued
December 21, 1990. ACR responded by submitting a petition for
rulemaking on August 10, 1995, claiming that RSPA had not adjusted
Footnote 1 to correlate with ISO Standard 3574:1986, and petitioning
RSPA to revise Footnote 1 to prescribe a metal drum minimum thickness
of 0.82 mm body and 1.11 mm heads. ACR indicated that this would result
in a ``modest increase in the minimum head thickness of 0.02 mm, . . .
most of the metal thicknesses now set forth in the table . . . also
involved modest increases.'' In a subsequent action, ACR sent a letter
to the RSPA Administrator, claiming that ``DOT has been unable to
successfully marry the international standards used and cited by the UN
with DOT's minimum thickness requirements, with respect to `20/18'
style drums.'' ACR also cited ``changes made by RSPA in HM-215A'' (one
based on the ACR petition for a spot amendment to restore the footnote
to 0.82 body and 1.09 heads) and noted the agency's failure to adjust
the Sec. 173.28 footnote to correspond with ISO. Based on this
discussion, RSPA is proposing one final adjustment to Footnote 1 to
specify a minimum thickness of 0.82 mm body and 1.11 mm head to
correspond with ISO and respond to ACR's latest petition.
Paragraph (b)(7)(iv)(C) would be revised to clarify that there are
established conditions which must be met before an approval is granted
by the
[[Page 33220]]
Associate Administrator for Hazardous Materials Safety to allow relief
from leakproofness testing for a packaging constructed of a material or
thickness not otherwise authorized in the exception.
Paragraph (c)(2) prescribes reconditioning requirements for non-
bulk packagings other than metal drums. Based on the merits of a
request for clarification from the National Association of Chemical
Distributors, RSPA is proposing that paragraph (c)(2) be revised to
clarify that repair or replacement of a bung or a removable gasket in a
plastic closed head (UN 1H1) drum is not considered reconditioning and
does not subject the drum to reconditioning marking requirements or to
leakproofness testing requirements if the drum was otherwise excepted
from leakproofness testing.
Section 173.32. A final rule issued July 26, 1994, under Docket HM-
181E adopted provisions for intermediate bulk containers and imposed a
termination date of September 30, 1996 for new construction of DOT
Specification 56 and 57 portable tanks. As part of that final rule,
requirements in Part 178 for design, construction and testing of these
tanks were removed. Although new construction of these tanks will no
longer be authorized after September 30, 1996, existing DOT 57 tanks
are authorized for use as long as they are successfully retested in
accordance with retest provisions of Sec. 173.32(e). Because the
pressure testing requirements for DOT 57 tanks refer to a section in
Part 178 which has been removed, RSPA is proposing to reinstate this
requirement in paragraph (e)(2)(i). In addition, based on the merits of
a petition [P-1092], RSPA is proposing to amend paragraph (d) to allow
plastic discharge valves for certain stainless steel DOT 57 tanks
constructed before October 1, 1996. Allowing a plastic discharge valve
on these tanks will eliminate the need for an existing exemption, DOT-
E-10916, and will permit continued use of thousands of portable tanks
with a proven safety record.
Section 173.115. The Association of American Railroads (AAR), in a
petition for rulemaking [P-1152], requested a revision to paragraph
(b)(1) to correct the conversion of 280 kPa to read ``280 kPa (40.6
psia).'' RSPA agrees and paragraph (b)(1) is revised to reflect the
correct conversion in parentheses for informational purposes.
Section 173.120 and Appendix H to Part 173. Based on the merit of
requests from industry, RSPA is proposing to add provisions to test
combustible liquids with a flash point above 60.5 deg.C (141 deg.F) and
below 93 deg.C (200 deg.F) for the ability to sustain combustion.
Appendix H was added in the Docket HM-215A final rule to incorporate
additional testing procedures for a material meeting the definition of
Class 3 (flammable liquid). If this material was unable to sustain
combustion when heated under test conditions and exposed to an external
source of flame, it was excepted from the regulations as a Class 3
material. This notice proposes to expand the exception to apply to
materials which meet the definition in paragraph (b) for combustible
liquids. Appendix H to Part 173 would be revised to provide additional
test temperatures in paragraph 5.(h) for combustible liquids that would
closely parallel the approach for flammable liquids.
Sections 173.121, 173.125, and 173.127. Currently, procedures for
assigning a packing group to a hazardous material in these sections
convey to the reader that the Sec. 172.101 Table indicates that the
packing group is to be determined on the basis of the grouping criteria
for a given hazard class. The AAR and HMAC, in petitions for rulemaking
[P-1152 and P-1169, respectively], requested that RSPA amend the
regulatory language in Secs. 173.121(a), 173.125(a), and 173.127(b) to
mirror the language in Secs. 173.133 and 173.137 for consistency and
clarity. In this notice, RSPA proposes to clarify the methods for
determining packing groups described in Secs. 173.121(a), 173.125(a),
and 173.127(b) for Class 3, Class 4, and Class 5 materials,
respectively.
Section 173.133. The introductory text of paragraph (a) sets forth
procedures for selecting packing group or hazard zone when the
Sec. 172.101 Table provides more than one packing group and hazard zone
for a hazardous material. The AAR requested, in a petition for
rulemaking [P-1152], that RSPA revise the wording ``provides more than
one packing group and hazard zone'' to read ``provides more than one
packing and/or hazard zone'' because hazard zones do not apply to
Packing Group II and III Division 6.1 materials. RSPA agrees and
proposes to revise the wording ``more than one packing group and hazard
zone'' to read ``more than one packing group or hazard zone''.
Section 173.134. Paragraph (a)(4) limits the definition of
regulated medical waste to exclude discarded cultures and stocks of
infectious substances. In this proposed rule, paragraph (b) would be
revised by adding a new paragraph (b)(4) authorizing discarded cultures
and stocks in Biosafety Levels 1, 2 and 3, as defined in HHS
Publication No. (CDC) 93-8395, Biosafety in Microbiological and
Biomedical Laboratories, 3rd Edition, May 1993, Section II to be
described and packaged as regulated medical waste rather than
infectious substances. Packagings would be required to conform to
Packing Group II performance requirements. Transport of these materials
would be limited to private or contract motor freight carriers in
dedicated service to the transportation of medical waste.
Section 173.151. A new paragraph (d) would be added to incorporate
limited quantity provisions for Division 4.3 (dangerous when wet) solid
materials in Packing Groups II and III. This proposal would align the
HMR with limited quantity exceptions contained in the UN
Recommendations.
Section 173.156. In the December 21, 1990 final rule under Docket
HM-181, RSPA imposed a gross weight limit of 30 kg (66 pounds) per
package on materials shipped under limited quantity and consumer
commodity provisions to minimize their aggregate risk. RSPA also
provided an exception in Sec. 173.156 from this 30 kg weight limitation
for packages of consumer commodities unitized in cages, carts, boxes,
or similar overpacks when shipped by private or contract carrier or
common carrier in exclusive use between a manufacturer, a distribution
center, and a retail outlet. RSPA received a petition for rulemaking
[P-1213] from the Conference on the Safe Transportation of Hazardous
Articles (COSTHA) requesting removal of the 30 kg weight restriction
for ORM-D materials packaged in ``display packs.'' COSTHA described
these display packs as containing inner receptacles of ORM-D materials
which are secured in corrugated fiberboard trays and then stacked and
placed within a strong outer container. Each outer container is
strapped to a wooden pallet with steel or polyester strapping to form
an integral part of the packaging. COSTHA claimed the completed package
meets the general packaging requirements of Subpart B of Part 173 and
is marked in accordance with Sec. 172.316. As part of its petition,
COSTHA cited an exemplary safety record in transporting these display
packs under pre-HM-181 limited quantity provisions, which do not impose
any weight limitations, but will no longer be authorized after October
1, 1996.
RSPA believes that ORM-D materials shipped in the above-described
display packs achieve an adequate level of safety in transportation.
Therefore, RSPA proposes to amend Sec. 173.156 by revising paragraph
(b) to authorize
[[Page 33221]]
ORM-D materials in palletized display packs exceeding the 30 kg (66
pound) gross weight limitation to be offered for transportation, or
transported, by highway or rail between a manufacturer, a distribution
center, and a retail outlet.
In addition, RSPA is proposing to provide an exception for
transportation of ORM-D materials to disposal facilities. A petitioner
[P-1308] requested that RSPA amend paragraph (b) to allow discarded
consumer commodities to be transported from manufacturing, distribution
or retail facilities to a disposal facility when packaged in large
boxes or overpacks exceeding 30 kg (66 pounds). The petitioner claimed
that the cost of meeting the 30 kg weight limit or packaging these
consumer commodities in UN-certified performance packagings far exceeds
any safety benefit achieved. The petitioner also noted that allowing
distribution centers and retail outlets to ship discarded consumer
commodities to local disposal facilities rather than back to the
manufacturer could enhance transportation safety by shortening the
shipping distance. RSPA agrees and is proposing to amend paragraph (b)
to authorize discarded consumer commodities to be shipped to disposal
facilities when packaged in large boxes or similar overpacks exceeding
30 kg (66 pounds).
Section 173.158. This section would be revised to authorize
additional packagings for nitric acid. RSPA received one petition [P-
1280] which pointed out that packaging authorizations for nitric acid
in 90 percent or greater concentrations, when offered for
transportation or transported by rail, highway or water, are more
stringent than packaging authorizations for transportation by cargo
aircraft only or packaging authorizations for red fuming nitric acid, a
toxic by inhalation hazard material. RSPA agrees with this petitioner,
and paragraph (d) would be revised to authorize additional packagings
for nitric acid in concentrations of 90 percent or greater when offered
for transportation or transported by rail, highway or water. A
combination packaging consisting of a 1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G
outer packaging with inner glass packagings of 2.5 L (0.66 gallons) or
less capacity cushioned with a non-reactive, absorbent material and
packed within a leak-tight packaging of metal or plastic would be
authorized.
In addition, RSPA is proposing to revise paragraph (f)(1) based on
the merits of a petition [P-1289] requesting that 6HH1 and 6HA1
composite packagings with PFA Teflon inner receptacles be authorized
for nitric acid concentrations of 70 percent or less. These composite
packagings are authorized under the provisions of three exemptions and
have demonstrated an equivalent level of safety
Section 173.183. Currently under the HMR, Sec. 173.183 authorizes
nitrocellulose base film to be packaged in combination packagings
consisting of inner packagings made of metal, strong cardboard, or
fiberboard, that are packed in certain UN standard packagings. Plastic
inner packagings are not authorized except under the terms of an
exemption. A petitioner [P-1130] requested that RSPA amend Sec. 173.183
to authorize the use of polypropylene inner packagings because
polypropylene is flame-retardant, produces minimum toxic gases when
burned, and will not deteriorate film. Because the petitioner has been
using the packaging under the terms of an exemption and has encountered
no adverse experience in transportation, RSPA proposes to amend
Sec. 173.183 by adding a packaging authorization to allow the use of
polypropylene inner packagings for nitrocellulose base film.
Section 173.225. Paragraph (a) would be revised to specify that
inner plastic packagings of a combination packaging used for
transporting organic peroxides must be constructed of new resin. This
proposed change is based on a petition for rulemaking [P-1281]
submitted by the Society of the Plastics Industry for the Organic
Peroxide Producers Safety Division, which represents major U.S. organic
peroxide manufacturers. RSPA agrees with the petitioner's claim that
most regulated organic peroxides are too sensitive to contamination to
be stored in packages manufactured from ``resin of unknown history.''
Section 173.306. This section specifies limited quantity provisions
for compressed gases. In its petition [P-1169], HMAC requested that
RSPA amend Sec. 173.306 by removing paragraph (i)(1) because it is
ineffective and does not provide accurate results. In addition, RSPA is
proposing to revise the introductory text of paragraph (i) to clarify
that flammability of aerosols is based on obtaining a positive test
result from any of the three methods contained in this paragraph. This
approach is consistent with the ICAO Technical Instructions.
Section 173.314. Prior to issuance of a final rule under Docket HM-
181, the HMR contained summer and winter fill tables that authorized an
increase in filling densities for liquids and liquefied gases during
the winter months. In a supplemental notice of proposed rulemaking
under Docket HM-181C (55 FR 21342), RSPA noted that this filling limit
provision was ambiguous and did not take into account lading
temperatures that might be encountered in transit, such as temperature
extremes in the Northern and Southern regions of the United States.
Without regard for these broad ranges of temperature, the HMR
authorized a higher filling limit for certain Class 2 (compressed gas)
materials in the same tank car during the months of November through
March (winter) than during the months of April through October
(summer). Also, for certain products RSPA discovered that the filling
limit was higher for noninsulated tanks than for insulated tanks during
the winter season. Based on these inconsistencies and comments received
to the Docket HM-181C NPRM, RSPA removed the winter filling limit
criteria for tank cars in the Docket HM-181 final rule published
December 21, 1990. When transitional provisions for the maintenance and
use of current packagings end on October 1, 1996, the regulations will
require for hazardous materials (other than those meeting the criteria
for materials poisonous by inhalation) a 1.0% outage (or 99.0% filling
limit) at 41 deg. C (105 deg. F) for insulated tanks and 46 deg. C
(115 deg. F) for noninsulated tanks, throughout the year. Unless
otherwise specified in the HMR, materials poisonous by inhalation
require a 5.0% outage (or 95% filling limit) at 41 deg. C (105 deg. F)
for insulated tanks and 46 deg. C (115 deg. F) for noninsulated tanks.
In a letter dated May 24,1996, the American Petroleum Institute
(API) petitioned RSPA to amend the filling limit regulations to account
for lower air temperatures during the winter months. The basis for
API's letter was its further review of safety and economic impacts of
the final rule on its member companies. As stated in API's letter,
``the industry calculates that the amount of product loaded will be
reduced by 3.9 percent from the amount of product now loaded using the
Winter Fill tables. In the case of uninsulated tank cars, there is a
4.8 percent reduction. * * *'' As part of its petition, API referenced
a Phillips Petroleum report, Maximum Calculated Liquid Temperatures for
Tank Cars in Anhydrous Ammonia and LP Gas Service for 14 Summer and 23
Winter Locations in the United States for the Years 1933 through 1957,
that empirically calculated the maximum liquid temperature in a tank
under extreme temperature conditions. This report concludes that for
liquefied petroleum gas, the maximum temperature of the liquid in
transit would reach 83 deg. F in an insulated tank car and 100.6 deg. F
for a noninsulated tank
[[Page 33222]]
car in the winter months. The temperatures indicated in the Phillips
Petroleum report are for the years 1933 through 1957.
The Phillips Petroleum report confirms RSPA's earlier findings that
the filling limit requirement did not take into account the maximum
lading temperatures that might be encountered in transit; i.e, the
temperature maximum for a noninsulated tank car loaded in the winter
season was recorded at 100.6 deg. F, but the pre-HM-181 regulations
assumed a temperature maximum of 32 deg. C (90 deg. F). The Phillips
Petroleum report also indicates a number of data points within the
range of 90 deg. F to 100 deg. F during the winter season. This data
confirms that the pre-HM-181 filling limit for noninsulated tanks
loaded in the winter months did not allow sufficient outage for gas
expansion.
In its letter, API petitioned for a reference temperature of
80 deg. F for insulated tanks, 87 deg. F for certain thermally
protected and jacketed tanks, and 90 deg. F for noninsulated tanks. If
adopted, API stated that its proposed reference temperatures for the
winter months would align the filling limit requirement for tank cars
with the regulations in effect prior to Docket HM-181. The filling
limit reference temperature used by API for thermally protected and
jacketed tanks is based on RSPA's provisions adopted recently under
Docket HM-216. In the Docket HM-216 final rule, RSPA authorized a new
reference temperature for certain tank cars having a thermal protection
material (see Secs. 173.24b and 173.314(c) Note 2) that reduces heat
transfer into the tank. (See 61 FR 28665)
The following Table I compares API's proposal and the post-HM-181
fill limit requirement. The filling limit reference temperatures of
46 deg. C (115 deg. F) and 41 deg. C (105 deg. F) in Sec. 173.24b are
adjusted to 15.5 deg. C (60 deg. F) for liquefied petroleum gas to
correspond to pre-HM-181 regulations and to aid in the comparison
between the old and the new requirements.
Table I.--API and Pre- and Post-HM-181 Requirements
[Filling Limits for LPG]
------------------------------------------------------------------------
Winter (adjusted to 60 deg.
F)
Type of tank -----------------------------
Pre HM- Post HM- API
181 181 Proposal
------------------------------------------------------------------------
Insulated................................. 0.9495 0.9108 0.9489
Thermally- protected, jacketed (See HM-
216)..................................... ........ ........ 0.9440
Noninsulated.............................. 0.9386 0.8915 0.9380
------------------------------------------------------------------------
Note: The American Society for Testing Materials' Table-24
provides an easy correction factor for the conversion of a liquid
volume to 15.5 deg. C (60 deg. F). For liquefied petroleum gas at
46 deg. C (115 deg. F), the correction factor is 0.904. Multiplying
the post-HM-181 filling limit of 99.0% (0.990) by the ASTM
correction factor of 0.904 yields an authorized filling limit of
89.5% at 15.5 deg. C (60 deg. F), a close approximation to the pre-
HM-181 requirement.
Although the Phillips Petroleum data supports RSPA's earlier
findings, the data does suggest that a lower reference temperature than
the post-HM-181 regulatory minimum may be acceptable during the winter
months. Based on a review of API's application and the Phillips
Petroleum report, RSPA is proposing an amendment to the HMR to
recognize a winter filling reference temperature. However, to account
for the maximum liquid temperature extremes expected in transit, RSPA
is proposing winter reference temperatures of 29 deg. C (85 deg. F),
32 deg. C (90 deg. F), and 38 deg. C (100 deg. F), compared to API's
request of 84 deg. F, 87 deg. F, and 90 deg. F, for insulated,
thermally-protected and jacketed, and noninsulated tanks respectively.
RSPA is soliciting comments on whether the temperature extremes
shown in the Phillips Petroleum report have changed since 1957 and, if
so, whether the proposed changes in this NPRM would have an adverse
impact on transportation safety. Commenters also are encouraged to
supply transportation data to support or argue against the proposed
reference temperatures in this NPRM. Such data may be used to increase
or decrease the proposed reference temperatures.
Table II shows RSPA's proposed filling limits, adjusted to
15.5 deg. C (60 deg. F). RSPA's proposal would authorize a filling
limit less than API's suggestion, but greater than the HM-181 final
rule for noninsulated tanks loaded in the winter. For insulated and
thermally-protected and jacketed tanks, the proposed filling limits
would authorize a filling limit greater than the HM-181 final rule.
RSPA believes that the proposed filling limits will ensure safety in
transit while providing economic relief from the requirements adopted
in the HM-181 final rule.
Table II.--Proposed Amendments
[Filling Limits for LPG]
------------------------------------------------------------------------
Winter adjusted to 60 deg.F
-----------------------------
Type of tank Pre-HM- Post-HM- RSPA
181 181 proposal
------------------------------------------------------------------------
Insulated................................. 0.9495 0.9108 0.9484
Thermally-protected, jacketed (See HM-216) ........ ........ 0.9306
Noninsulated.............................. 0.9386 0.8915 0.9010
------------------------------------------------------------------------
In this NPRM, RSPA is proposing to amend the reference temperatures
used to calculate the required outage for tank car tanks that are
loaded during the winter (November through March). No changes are
proposed to the reference temperatures used for other bulk packagings;
i.e., cargo tanks and portable tanks. This decision is based on the
Phillips Petroleum report, which considered only tank car tanks. No
similar information has been submitted on temperature extremes for
insulated and noninsulated cargo tanks or portable tanks. Commenters
seeking corresponding changes for other bulk packagings and materials
should provide RSPA with information and an analysis similar to the
Phillips Petroleum report.
Part 178
Section 178.245. RSPA is proposing to make several editorial
changes for clarity and one significant change to allow DOT
Specification 51 portable tanks to have openings at locations other
than the top or one end of the tank under certain circumstances.
Section 178.245-1. This section would be reorganized for clarity
and revised to allow DOT Specification 51 portable tanks to have
openings at locations other than the top or one end of the tank under
certain circumstances. When originally developed, the DOT Specification
51 portable tank was principally a skid mounted liquefied petroleum gas
container. With the advent and acceptance of containerization as a
means of shipping bulk quantities of compressed gases, RSPA has issued
numerous exemptions which authorize the transportation in commerce of
portable tanks which fully conform to the requirements of DOT
Specification 51 except for the location of filling and discharge
openings. These tanks generally must be enclosed in an ISO frame and
fitted with bottom or side filling and discharge openings. Based upon
the successful operating experience of these tanks under exemption,
RSPA believes that the HMR
[[Page 33223]]
should be revised to authorize portable tanks with this type of loading
and discharge configuration. Additionally, one petitioner [P-1108]
requested that paragraph (b) be amended to permit openings on the sides
or bottom of these portable tanks. The petitioner stated that
authorizing side or bottom mounted valves and openings on DOT
Specification 51 portable tanks is consistent with the IMDG Code and
would improve the competitiveness of U.S. manufacturers of these tanks
in the European market. The petitioner asserted that the side or bottom
mounted valves would be protected to a degree equal or greater than top
mounted valves. By adopting this proposed change, numerous exemptions
will no longer be required.
Section 178.245-4. RSPA is proposing to add a new paragraph (e) to
require that a DOT 51 portable tank in an ISO framework for
containerized transportation must meet the requirements specified in 49
CFR Parts 450-453.
Section 178.245-6. The first sentence of paragraph (a) would be
revised to require the nameplate to be in close proximity to the ASME
plate.
Section 178.270-12. RSPA is proposing to amend paragraph (a) to
assure that manufacturers, owners and approval agencies are aware of
the requirements for the number and type of closures required for
filling and discharge connections located below the normal liquid level
of DOT Specification Intermodal (IM) portable tanks. In a review of the
regulations concerning IM portable tanks, RSPA discovered a discrepancy
in the regulations. While Sec. 173.32c(g) clearly informs shippers of
the requirements for the number and type of closures required for
filling and discharge connections located below the normal liquid level
of the tank, there is no corresponding requirement in the design
requirements for the manufacture of IM portable tanks.
Section 178.601. Paragraph (g)(8) would be added, based on an
approval issued to the Steel Shipping Container Institute, to list
changes in one or more design elements which would constitute a
different drum design type. If one or more of these changes is made to
a carbon steel drum having a capacity greater than 50 liters, the drum
manufacturer must perform design qualification testing and periodic
retesting in accordance with Subpart M of Part 178.
Section 178.705. Paragraph (c)(2) of this section specifies
pressure relief devices for metal IBCs. RSPA received a petition [P-
1271] from a manufacturer of fusible vents stating that since fusible
vents do not open at room temperature, start-to-discharge pressure
requirements in Sec. 178.702(c)(2) appear to prohibit fusible venting.
In response to this petition, RSPA is proposing to add a new sentence
in paragraph (c)(2)(ii) to clarify that the specified start-to-
discharge pressure does not apply to fusible links unless these links
are the sole source of pressure relief for the IBC. In addition, a
correction would be made to the constant in the equivalence thickness
formula for U.S. Standard Units in paragraph (c)(1)(iv)(B) to ensure
that the resulting thickness is in inches.
III. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and therefore, was
not reviewed by the Office of Management and Budget. The rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034].
The economic impact of this proposed rule is expected to result in
only minimal costs to certain persons subject to the HMR and may result
in modest cost savings to a small number of persons subject to the HMR
and to the agency. Because of the minimal economic impact of this rule,
preparation of a regulatory impact analysis or a regulatory evaluation
is not warranted. This certification may be revised as a result of
public comment.
B. Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). Federal law expressly preempts State, local, and
Indian tribe requirements applicable to the transportation of hazardous
material that cover certain subjects and are not substantively the same
as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
(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
pertaining to hazardous material, and requirements respecting the
number, content, and placement of such documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
If adopted as final, this rule would preempt 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 law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a
regulation concerning any of the covered subjects, after November 16,
1990, DOT must determine and publish in the Federal Register the
effective date of Federal preemption. The 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. RSPA
requests comments on what the effective date of Federal preemption
should be for the requirements in this proposed rule that concern
covered subjects.
C. Regulatory Flexibility Act
This proposed rule would respond to petitions for rulemaking. It is
intended to provide clarification of the regulations and relax certain
requirements. Therefore, I certify that this proposal will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This certification is subject to modification as a
result of a review of comments received in response to this proposal.
D. Paperwork Reduction Act
There are no new information collection requirements in this
proposed rule.
E. 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.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
[[Page 33224]]
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labels,
Markings, 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 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In the Sec. 171.7(a)(3) Table, a new entry would be added in
alphabetical order to read as follows:
Sec. 171.7 Reference material.
(a) Matter incorporated by reference * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * *
* * *
Health and Human Services:
Centers for Disease Control and Prevention, 1600
Clifton Road N.E., Atlanta GA 30333, HHS Publication
No. (CDC) 93-8395, Biosafety in Microbiological and
Biomedical Laboratories, 3rd Edition, May 1993,
Section II............................................ 173.134
* * * *
* * *
------------------------------------------------------------------------
* * * * *
Sec. 171.14 [Amended]
3. In Sec. 171.14, as amended at 61 FR 7959, effective October 1,
1996, the following changes would be made:
a. Paragraph (a) introductory text, paragraph (a)(1), and paragraph
(b) would be removed.
b. Paragraph (a)(2) heading would be removed, paragraph (a)(2)(i)
heading and introductory text would be redesignated as paragraph (a)
heading and introductory text, and paragraphs (a)(2)(i)(A) through
(a)(2)(i)(D) would be redesignated as (a)(1) through (a)(4).
c. Paragraphs (a)(2)(ii) and (a)(2)(iii) would be redesignated as
paragraphs (b) and (c).
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
4. The authority citation for Part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
5. In Sec. 172.101, a new paragraph (c)(10)(iii) would be added to
read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(c) * * *
(10) * * *
(iii) A mixture or solution not identified in the Table by a
specific description, comprised of two or more hazardous materials in
the same hazard class, shall be described using an appropriate shipping
description (e.g., ``Flammable liquid, n.o.s.''). Some mixtures may be
more appropriately described according to their application, such as
``Coating solution'' or ``Extracts, flavoring liquid'' rather than by
an n.o.s. entry. Under the provisions of subparts C and D of this part,
the technical names of at least two components most predominately
contributing to the hazards of the mixture or solution may be required
in association with the proper shipping name.
* * * * *
Sec. 172.101 [Amended]
6. In addition, in Sec. 172.101, in paragraph (c)(12), the
following changes would be made:
a. In paragraph (c)(12)(ii), in the last sentence, the wording
``technical name of the constituent'' would be revised to read
``technical name of one or more constituents''.
b. In paragraph (c)(12)(iii), in the first sentence, the wording
``by a specific description,'' would be revised to read ``specifically
by name (e.g., acetyl chloride),''.
7. In Sec. 172.101, the Hazardous Materials Table, as amended at 61
FR 18932, effective October 1, 1996, would be amended by adding in
alphabetical order or revising the following entries to read as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
Sec. 172.101--Hazardous Materials Table
(8) Packaging authorizations (Sec. (9) Quantity limitations (10) Vessel stowage
Hazardous 173.* * *) ------------------------------ requirements
materials Hazard Identification Label Special -------------------------------------- ------------------------
Symbols descriptions and class or numbers PG codes provisions Passenger Cargo aircraft Other
proper shipping division Exceptions Nonbulk Bulk aircraft or only Vessel stowage
names packaging packaging railcar stowage provisions
(1) (2)............... (3) (4).............. (5) (6)....... (7)......... (8A)........ (8B) (8C)....... (9A)........ (9B).......... (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
[add:]
D Black powder for 4.1 NA0027........... I 4.1....... 70.......... None........ 170 None....... Forbidden... Forbidden..... E ............
small arms.
* * * * * * *
[Revise:]
[[Page 33225]]
* * * * * * *
Hydrogen cyanide, 6.1 UN3294........... I 6.1, 3.... 2, B9, B14, None........ 227 244........ Forbidden... Forbidden..... D 40
solution in B32, B74,
alcohol with not T38, T43,
more than 45 T45.
percent hydrogen
cyanide.
* * * * * * *
Methanesulfonyl 6.1 UN3246........... I 6.1, 8.... 2, B9, B14, None........ 227 244........ Forbidden... Forbidden..... D 40
chloride. B32, B74,
T38, T43,
T45.
* * * * * * *
+ Methyl vinyl 3 UN1251........... II 3, 6.1.... 1, B9, B14, None........ 226 244........ Forbidden... Forbidden..... D 20, 40, 95
ketone. B30, B72,
T38, T43,
T44.
* * * * * * *
Sec. 172.101 [Amended]
8. In addition, in Sec. 172.101, in the Hazardous Materials Table,
the following changes would be made:
a. For the entry ``Benzyl chloride'', in column (7), Special
Provision ``N43'' would be revised to read ``N42''.
b-c. For the entry ``Chlorosilanes, corrosive, flammable, n.o.s.'',
in Column (7), Special Provisions ``,T18,'' ``T26'' would be added
following ``B100''.
d. For the entry ``Chlorosilanes, corrosive, n.o.s.'', in Column
(7), Special Provisions ``,T8,'' ``T26'' would be added following
``B2''.
e. For the entry, ``Chlorosilanes, water-reactive, flammable,
corrosive, n.o.s.'', in Column (7), Special Provisions ``,T24,''
``T26'' would be added following ``A2''.
f. For the entries ``Organic peroxide type F, liquid, temperature
controlled'' and ``Organic peroxide type F, solid, temperature
controlled'', in Column (8A), the reference ``225'' would be removed
each place it appears and ``None'' added in each place, and in Column
(8C), the reference ``None'' would be removed each place it appears and
``225'' added in each place.
g. For the entry ``Organic peroxide type F, solid'', in Column
(8C), the reference ``None'' would be removed and ``225'' would be
added in its place.
h. For the entry ``Phosphorus pentafluoride'', in Column (7), the
wording ``1'' would be removed and ``2, B9, B14'' would be added in its
place; in Column (8B) ``302'' would be revised to read ``302, 304'';
and in Column (8C), ``None'' would be revised to read ``314, 315''.
i. For the entry ``Tungsten hexafluoride'', in Column (7), special
provision ``3'' would be revised to read ``2''.
j. For the entries ``Metal carbonyls, n.o.s., UN3281, PG I'';
``Nitriles, toxic, flammable, n.o.s., UN3275, PG I''; ``Nitriles,
toxic, n.o.s., UN3276, PG I''; ``Organoarsenic compound, n.o.s.,
UN3280, PG I''; ``Organophosphorus compound, toxic, flammable, n.o.s.,
UN3279, PG I''; and ``Organophosphorus compound, toxic, n.o.s., UN3278,
PG I'', in Column (7), Special Provision ``5'' would be added.
k. For each of the following entries, in Column (8A), the word
``None'' would be removed and ``151'' added in its place:
Alkali metal amides
Alkaline earth metal alloys, n.o.s.
Aluminum carbide
Aluminum ferrosilicon powder (both entries)
Aluminum powder, uncoated (both entries)
Aluminum processing by-products (both entries)
Aluminum silicon powder, uncoated
Barium
Calcium
Calcium carbide, in Packing Group II
Calcium cyanamide with more than 0.1 percent of calcium carbide
Calcium manganese silicon
Calcium silicide (both entries)
Cerium, turnings or gritty powder
Ferrosilicon with 30 percent or more but less than 90 percent silicon
Lithium ferrosilicon
Lithium hydride, fused solid
Lithium silicon
Magnesium granules, coated particle size not less than 149 microns
Magnesium, powder or Magnesium alloys, powder, in Packing Groups II and
III
Magnesium silicide
Maneb stabilized or Maneb preparations, stabilized against self-heating
Metal hydrides, water-reactive, n.o.s., in Packing Group II
Metallic substance, water-reactive, n.o.s., in Packing Groups II and
III
Phosphorous pentasulfide, free from yellow or white phosphorous
Sodium aluminum hydride
Water-reactive solid, n.o.s., in Packing Groups II and III
Zinc ashes
[[Page 33226]]
9. In Sec. 172.102, in paragraph (c)(1) Special Provision 70 would
be added, in paragraph (c)(3) Special Provision B59 would be revised,
and in paragraph (c)(5), Special Provision N42 would be added, to read
as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
* * * * *
70 Black powder that has been classed in accordance with the
requirements of Sec. 173.56 of this subchapter may be reclassed and
offered for domestic transportation as a Division 4.1 material if it
is offered for transportation and transported in accordance with the
limitations and packaging requirements of Sec. 173.170 of this
subchapter.
* * * * *
(3) * * *
* * * * *
B59 Water-tight, sift-proof, closed-top, metal-covered hopper
cars are also authorized provided that the lading is covered with a
nitrogen blanket.
* * * * *
(5) * * *
* * * * *
N42 1A1 drums made of carbon steel with thickness of body and
heads of not less than 0.050 inches and with a corrosion-resistant
phenolic lining are authorized for stabilized benzyl chloride if
tested and certified to the Packing Group I performance level at a
specific gravity of not less than 1.8.
* * * * *
10. In Sec. 172.302, paragraph (b) would be revised to read as
follows:
Sec. 172.302 General marking requirements for bulk packagings.
* * * * *
(b) Size of markings. Except as otherwise provided, markings
required by this subpart on bulk packagings must--
(1) Have a width of at least 6.0 mm (0.24 inch) and a height of at
least 100 mm (3.9 inches) for rail cars;
(2) Have a width of at least 4.0 mm (0.16 inch) and a height of at
least 25 mm (one inch) for portable tanks with capacities of less than
3,785 L (1,000 gallons) and intermediate bulk containers; and
(3) Have a width of at least 6.0 mm (0.24 inch) and a height of at
least 50 mm (2.0 inches) for cargo tanks and other bulk packagings.
* * * * *
Sec. 172.504 [Amended]
11. In Sec. 172.504, paragraph (f)(8) would be removed and
reserved.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
12. The authority citation for Part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.
13. In Sec. 173.24a, the last sentence of paragraph (a)(3) and
paragraph (b)(2) would be revised, to read as follows:
Sec. 173.24a Additional general requirements for non-bulk packagings
and packages.
(a) * * *
(3) * * * Cushioning material must not be capable of reacting
dangerously with the contents of the inner packagings or having its
protective properties significantly impaired in the event of leakage.
* * * * *
(b) * * *
(2) Except as otherwise provided in this section, a non-bulk
packaging may not be filled with a hazardous material to a gross mass
greater than the maximum gross mass marked on the packaging.
* * * * *
Sec. 173.24b [Amended]
14. In Sec. 173.24b, in the first sentence of paragraph (b), the
wording ``stainless steel is steel'' would be revised to read ``the
reference stainless steel is stainless steel''.
15-16. In Sec. 173.28, paragraphs (b)(4) and (b)(7)(iv)(C) would be
revised and a new sentence would be added in paragraph (c)(2) following
the first sentence, to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(b) * * *
(4) Metal and plastic drums and jerricans used as single packagings
or the outer packagings of composite packagings are authorized for
reuse only when they are marked in a permanent manner (e.g., embossed)
in millimeters with the nominal (for metal packagings) or minimum (for
plastic packagings) thickness of the packaging material, as required by
Sec. 178.503(a)(9) of this subchapter, and--
(i) Except as provided in paragraph (b)(4)(ii) of this section,
conform to the following minimum thickness criteria:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum thickness of packaging material
Maximum capacity not over --------------------------------------------------------------------------------------------------------------
Metal drum or jerrican Plastic drum or jerrican
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 L..................................... 0.63 mm (0.025 inch).......................................... 1.1 mm (0.043 inch)
30 L..................................... 0.73 mm (0.029 inch).......................................... 1.1 mm (0.043 inch)
40 L..................................... 0.73 mm (0.029 inch).......................................... 1.8 mm (0.071 inch)
60 L..................................... 0.92 mm (0.036 inch).......................................... 1.8 mm (0.071 inch)
120 L.................................... 0.92 mm (0.036 inch).......................................... 2.2 mm (0.087 inch)
220 L.................................... 0.92 mm (0.036 inch) \1\...................................... 2.2 mm (0.087 inch)
450 L.................................... 1.77 mm (0.070 inch).......................................... 5.0 mm (0.197 inch)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Metal drums or jerricans constructed with a minimum thickness of 0.82 mm body and 1.11 mm heads are authorized.
(ii) For stainless steel drums and jerricans, conform to a minimum
wall thickness as determined by the following equivalence formula:
[GRAPHIC] [TIFF OMITTED] TP26JN96.000
[GRAPHIC] [TIFF OMITTED] TP26JN96.001
Where:
e1 = required equivalent wall thickness of the metal to be used
(in mm or, for U.S. Standard units, use inches).
eo = required minimum wall thickness for the reference steel (in
mm or, for U.S. Standard units, use inches).
Rm1 = guaranteed minimum tensile strength of the metal to be used
(in N/mm2 or for U.S. Standard units, use pounds per square inch).
A1 = guaranteed minimum elongation (as a percentage) of the metal
to be used on fracture under tensile stress (see paragraph (c)(1) of
this section).
* * * * *
(7) * * *
(iv) * * *
(C) another material or thickness when approved under the
conditions established by the Associate
[[Page 33227]]
Administrator for Hazardous Materials Safety for reuse without
retesting.
(c) * * *
(2) * * * For a UN 1H1 plastic drum, replacing a removable gasket
or closure device with a replacement which provides equivalent
performance does not constitute reconditioning. * * *
* * * * *
Sec. 173.28 [Amended]
17. In addition, in Sec. 173.28, in the first sentence of paragraph
(c)(2), the wording ``or a UN 1H1 plastic drum'' would be added
immediately following the wording ``other than a metal drum''.
18. In Sec. 173.32, in paragraph (d) a new sentence would be added
at the end of the paragraph and in paragraph (e)(2)(i), the second
sentence would be revised, to read as follows:
Sec. 173.32 Qualification, maintenance and use of portable tanks other
than Specification IM portable tanks.
* * * * *
(d) * * * A stainless steel portable tank internally lined with
polyethylene, which was constructed on or before October 1, 1996, and
complies with all requirements of Specification 57 except that it is
equipped with a polypropylene discharge ball valve and polypropylene
secondary discharge opening closure, may be marked as a Specification
57 portable tank and used in accordance with the provisions of this
section.
(e) * * *
(2) * * *
(i) * * * Each Specification 57 tank must be leak tested by a
minimum sustained air pressure of at least three pounds per square inch
gage applied to the entire tank. * * *
* * * * *
Sec. 173.115 [Amended]
19. In Sec. 173.115, in paragraph (b)(1), the wording ``(41 psia)''
would be revised to read ``(40.6 psia)''.
20. In Sec. 173.120, paragraph (b)(1) would be amended by adding
two sentences at the end of the paragraph to read as follows:
Sec. 173.120 Class 3--Definitions.
* * * * *
(b) * * *
(1) * * * A combustible liquid which does not sustain combustion is
not subject to the requirements of this subchapter as a combustible
liquid. A procedure for determining if a material sustains combustion
when heated under test conditions and exposed to an external source of
flame is provided in Appendix H of this part.
* * * * *
Sec. 173.121 [Amended]
21. In Sec. 173.121, in the second sentence of paragraph (a), the
wording ``or indicates that the packing group is to be determined on
the basis of the grouping criteria for Class 3,'' would be removed.
22. In Sec. 173.125, paragraph (a) would be revised to read as
follows:
Sec. 173.125 Class 4--Assignment of packing group.
(a) The packing group of a Class 4 material is assigned in Column
(5) of the Sec. 172.101 Table. When the Sec. 172.101 Table provides
more than one packing group for a hazardous material, the packing group
shall be determined on the basis of test results following test methods
given in appendix E of this part and by applying the appropriate
criteria given in this section.
* * * * *
23. In Sec. 173.127, the section heading would be revised,
paragraph (b)(1) would be removed, paragraphs (b)(2) and (b)(3) would
be redesignated as paragraphs (b)(1) and (b)(2), and the paragraph (b)
heading and newly designated paragraph (b)(1) introductory text would
be revised to read as follows:
Sec. 173.127 Class 5, Division 5.1--Definition and assignment of
packing group.
* * * * *
(b) Assignment of packing group. (1) The packing group of a
Division 5.1 material shall be as assigned in Column (5) of the
Sec. 172.101 Table. When the Sec. 172.101 Table provides more than one
packing group for a hazardous material, the packing group shall be
determined on the basis of test results following test methods given in
appendix F of this part and by applying the following criteria:
* * * * *
Sec. 173.133 [Amended]
24. In Sec. 173.133, in paragraph (a) introductory text, in the
second sentence, the wording ``more than one packing group and hazard
zone'' would be revised to read ``more than one packing group or hazard
zone''.
25. In Sec. 173.134, the introductory text of paragraph (b)(3)(ii)
would be revised and a new paragraph (b)(4) would be added to read as
follows:
Sec. 173.134 Class 6, Division 6.2--Definitions, exceptions and
packing group assignments.
* * * * *
(b) * * *
(3) * * *
(ii) For other than a waste culture or stock of an infectious
substance, the specific packaging requirements of Sec. 173.197, if
packaged in a rigid non-bulk packaging conforming to--
* * * * *
(4) A waste culture or stock of infectious substances may be
offered for transportation and transported as a regulated medical waste
when the culture or stock--
(i) Conforms to Biosafety Levels 1, 2 or 3, as defined in HHS
Publication No. (CDC) 93-8395, Biosafety in Microbiological and
Biomedical Laboratories. 3rd Edition, May 1993, Section II;
(ii) Is packaged in accordance with requirements specified in
Sec. 173.197; and
(iii) Is transported by a private or contract carrier using a
vehicle dedicated to the transportation of medical waste.
* * * * *
26. In Sec. 173.151, the section heading would be revised and a new
paragraph (d) would be added to read as follows:
Sec. 173.151 Exceptions for Class 4.
* * * * *
(d) Limited quantities of Division 4.3 (dangerous when wet)
material. Limited quantities of Division 4.3 (dangerous when wet)
solids in Packing Groups II and III are excepted from labeling, unless
offered for transportation or transported by aircraft, and the
specification packaging requirements of this subchapter when packaged
in combination packagings according to this paragraph. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. The following combination
packagings are authorized:
(1) For Division 4.3 solids in Packing Group II, inner packagings
not over 0.5 kg (1.1 pound) net capacity each, packed in strong outer
packagings; and
(2) For Division 4.3 solids in Packing Group III, inner packagings
not over 1 kg (2.2 pounds) net capacity each, packed in strong outer
packagings.
27. In Sec. 173.156, paragraph (b) would be revised to read as
follows.
Sec. 173.156 Exceptions for ORM materials.
* * * * *
(b) ORM-D. Packagings for ORM-D materials are specified according
to hazard class in Secs. 173.150 through 173.155 and in Sec. 173.306.
In addition to other exceptions specified for ORM-D materials in this
part:
(1) Strong outer packagings as specified in this part, the marking
requirements specified in Sec. 172.316 of this subchapter, and the 30
kg (66
[[Page 33228]]
pound) gross weight limitation are not required for materials classed
as ORM-D when unitized in cages, carts, boxes or similar overpacks and
when offered for transportation, or transported, by rail or by a
private or contract motor carrier or a common carrier vehicle under
exclusive use for such service, to or from a manufacturer, a
distribution center, or a retail outlet, or to a disposal facility.
(2) The 30 kg (66 pound) gross weight limitation does not apply to
materials classed as ORM-D when offered for transportation, or
transported, by highway or rail between a manufacturer, a distribution
center, and a retail outlet provided--
(i) The combination packaging consists of inner containers
conforming to the quantity limits for inner packagings specified in
Secs. 173.150(b), 173.152(b), 173.154(b), 173.155(b) and 173.306(a) and
(b), as appropriate;
(ii) The inner containers are packed into corrugated fiberboard
trays to prevent individual containers from moving freely inside the
completed combination packaging;
(iii) The trays are placed in a fiberboard box which is banded and
secured to a wooden pallet by metal, fabric, or plastic straps, to form
a single palletized unit;
(iv) The package conforms to the general packaging requirements of
subpart B of this part;
(v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds); and
(vi) The package is properly marked in accordance with Sec. 172.316
of this subchapter.
28. In Sec. 173.158, paragraph (d) would be revised, and paragraph
(f)(1) would be amended by adding a sentence at the end of the
paragraph, to read as follows:
Sec. 173.158 Nitric acid.
* * * * *
(d) Nitric acid of 90 percent or greater concentration, when
offered for transportation or transported by rail, highway, or water
may be packaged as follows:
(1) In 4C1, 4C2, 4D or 4F wooden boxes with inner packagings
consisting of glass bottles further individually overpacked in tightly
closed metal packagings. Glass bottles must be of 2.5 L (0.66 gallon)
or less capacity and cushioned with a non-reactive, absorbent material
within the metal packagings.
(2) In combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G
outer packagings with inner glass packagings of 2.5 L (0.66 gallons) or
less capacity cushioned with a non-reactive, absorbent material and
packed within a tightly closed intermediate packaging of metal or
plastic.
* * * * *
(f) * * *
(1) * * * 6HH1 and 6HA1 composite packaging with plastic inner
receptacles meeting the compatibility requirements Sec. 173.24(e)
(e.g., PFA Teflon) are authorized.
* * * * *
29. Section 173.170 would be added to read as follows:
Sec. 173.170 Black powder for small arms.
Black powder for small arms that has been classed in Division 1.1
may be reclassed as a Division 4.1 material, for domestic
transportation by motor vehicle, rail freight, and cargo vessel only,
subject to the following conditions:
(a) The powder must be examined and approved for Division 1.1
classification in accordance with Sec. 173.56 and 173.58;
(b) The total quantity of black powder in one motor vehicle, rail
car, or freight container may not exceed 45.4 kg (100 pounds) net mass,
and no more than four freight containers may be on board one cargo
vessel;
(c) The black powder must be packed in inner metal or heavy wall
conductive plastic receptacles not over 450 g (15.9 ounces) net
capacity each, with no more than 25 cans in one outer UN 4G fiberboard
box. The inner packagings must be arranged and protected so as to
prevent simultaneous ignition of the contents;
(d) Each completed package must be marked ``BLACK POWDER FOR SMALL
ARMS'' and ``UN 1325''; and
(e) Each package must bear the FLAMMABLE SOLID label.
Sec. 173.183 [Amended]
30. In Sec. 173.183, in paragraphs (a) and (b), the wording ``,
polypropylene canister,'' would be added immediately following the
wording ``closed metal can'' each place it appears.
31. In Sec. 173.225, in paragraph (a), a new sentence would be
added as the penultimate sentence to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
(a) * * * No used material, other than production residues or
regrind from the same production process, may be used in plastic
packagings. * * *
* * * * *
32. In Sec. 173.306, paragraph (i)(1) would be removed, paragraphs
(i)(2) through (i)(4) would be redesignated as paragraphs (i)(1)
through (i)(3), respectively, and the introductory text in paragraph
(i) would be revised to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(i) An aerosol is flammable if a positive test result is obtained
using any of the following test methods:
* * * * *
33. In Sec. 173.314, as amended at 60 FR 49074, effective July 1,
1996, and further amended at 61 FR 28676, effective October 1, 1996, in
the paragraph (c) table, Note 2 would be revised and Notes 9 and 10
would be added, to read as follows:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(c) * * *
Notes:
* * * * *
2. The liquefied gas must be loaded so that the outage is at
least two percent of the total capacity of the tank at the reference
temperature of 46 deg.C (115 deg.F) for a noninsulated tank;
43 deg.C (110 deg.F) for a tank having a thermal protection system
incorporating a metal jacket that provides an overall thermal
conductance at 15.5 deg.C (60 deg.F) of no more than 10.22
kilojoules per hour per square meter per degree Celsius (0.5 Btu per
hour/per square foot/per degree F) temperature differential; and
41 deg.C (105 deg.F) for an insulated tank having an insulation
system incorporating a metal jacket that provides an overall thermal
conductance at 15.5 deg.C (60 deg.F) of no more than 1.5333
kilojoules per hour per square meter per degree Celsius (0.075 Btu
per hour/per square foot/per degree F) temperature differential.
* * * * *
9. For a liquefied petroleum gas, the liquefied gas must be
loaded so that the outage is at least one percent of the total
capacity of the tank at the reference temperature of 46 deg.C
(115 deg.F) for a noninsulated tank; 43 deg.C (110 deg.F) for a tank
having a thermal protection system incorporating a metal jacket that
provides an overall thermal conductance at 15.5 deg.C (60 deg.F) of
no more than 10.22 kilojoules per hour per square meter per degree
Celsius (0.5 Btu per hour/per square foot/per degree F) temperature
differential; and 41 deg.C (105 deg.F) for an insulated tank having
an insulation system incorporating a metal jacket that provides an
overall thermal conductance at 15.5 deg.C (60 deg.F) of no more than
1.5333 kilojoules per hour per square meter per degree Celsius
(0.075 Btu per hour/per square foot/per degree F) temperature
differential.
10. For liquefied petroleum gas and anhydrous ammonia, during
the months of November through March (winter), the following
reference temperatures may be used: 38 deg.C (100 deg.F) for a
noninsulated tank; 32 deg.C (90 deg.F) for a tank having a thermal
protection system incorporating a metal jacket that provides an
overall thermal conductance at 15.5 deg.C (60 deg.F) of no more than
10.22 kilojoules per hour per square meter
[[Page 33229]]
per degree Celsius (0.5 Btu per hour/per square foot/per degree F)
temperature differential; and 29 deg.C (85 deg.F) for an insulated
tank having an insulation system incorporating a metal jacket and
insulation that provides an overall thermal conductance at
15.5 deg.C (60 deg.F) of no more than 1.5333 kilojoules per hour per
square meter per degree Celsius (0.075 Btu per hour/per square foot/
per degree F) temperature differential. The winter reference
temperatures may only be used for a tank car shipped directly to a
consumer for unloading and not stored in transit. The offeror of the
tank must inform each customer that the tank car was filled based on
winter reference temperatures and must be unloaded as soon as
possible after March in order to retain the specified outage and to
prevent a release of hazardous material which might occur due to the
tank car becoming liquid full at higher temperatures.
* * * * *
Sec. 173.314 [Amended]
34. In addition, in Sec. 173.314, in the paragraph (c) table, as
amended at 60 FR 49074, effective July 1, 1996, and further amended at
61 FR 28676, effective October 1, 1996, the following changes would be
made:
a. For the entry ``Ammonia, anhydrous, or ammonia solutions > 50
percent ammonia'', in Column 2, the wording ``Note 2'' would be removed
and ``Notes 2, 10'' added in its place.
b. For the entry ``Division 2.1 materials not specifically provided
in this table'' in Column 2, the wording ``Note 3'' would be removed
and the wording ``Notes 3, 9, 10'' added in its place.
Appendix H to Part 173 [Amended]
35. In Appendix H to Part 173, the second sentence of paragraph
5.(b) would be revised and in paragraph 5.(h), a sentence would be
added at the end of the paragraph to read as follows:
Appendix H to Part 173--Method of Testing for Sustained
Combustibility
* * * * *
5. * * *
(b) * * * For the appropriate test temperature, see paragraph
5.(h) of this appendix. * * *
* * * * *
(h) * * * In the case of a material which has a flash point
above 60.5 deg.C (141 deg.F) and below 93 deg.C (200 deg.F), if
sustained combustion interpreted in accordance with paragraph 6. of
this appendix is not found at a test temperature of 5 deg.C
(9 deg.F) above its flash point, repeat the complete procedure with
new test portions, but at a test temperature of 20 deg.C (36 deg.F)
above its flash point.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
36. The authority citation for part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
37. Section 178.245-1 would be revised to read as follows:
Sec. 178.245-1 Requirements for design and construction.
(a) Tanks must be seamless or welded steel construction or
combination of both and have a water capacity in excess of 1,000
pounds. Tanks must be designed, constructed, certified and stamped in
accordance with the ASME Code.
(b) Tanks must be postweld heat treated and radiographed as
prescribed in the ASME Code except that each tank constructed in
accordance with part UHT of the ASME Code must be postweld heat
treated. Where postweld heat treatment is required, the tank must be
treated as a unit after completion of all the welds in and/or to the
shell and heads. The method must be as prescribed in the ASME Code.
Welded attachments to pads may be made after postweld heat treatment is
made. A tank used for anhydrous ammonia must be postweld heat treated.
The postweld heat treatment must be as prescribed in the ASME Code, but
in no event at less than 1050 deg.F tank metal temperature.
Additionally, tanks constructed in accordance with part UHT of the ASME
Code must conform to the following requirements:
(1) Welding procedure and welder performance tests must be made
annually in accordance with section IX of the ASME Code. In addition to
the essential variables named therein the following must be considered
to be essential variables: Number of passes, thickness of plate, heat
input per pass, and manufacturer's identification of rod and flux. The
number of passes, thickness of plate and heat input per pass may not
vary more than 25 percent from the procedure qualification. Records of
the qualification must be retained for at least 5 years by the tank
manufacturer and made available to duly identified representatives of
the Department of Transportation or the owner of the tank.
(2) Impact tests must be made on a lot basis. A lot is defined as
100 tons or less of the same heat and having a thickness variation no
greater than plus or minus 25 percent. The minimum impact required for
full-sized specimens shall be 20 foot-pounds (or 10 foot-pounds for
half-sized specimens) at 0 deg.F Charpy V-Notch in both the
longitudinal and transverse direction. If the lot test does not pass
this requirement, individual plates may be accepted if they
individually meet this impact requirement.
(c) Except as provided in paragraph (d) of this section, all
openings in the tank shall be grouped in one location, either at the
top of the tank or at one end of the tank.
(d) The following openings may be installed at locations other than
on the top or end of the tank:
(1) The openings for liquid level gauging devices, or for safety
devices, may be installed separately at the other location or in the
side of the shell;
(2) One plugged opening of 2-inch National Pipe Thread or less
provided for maintenance purposes may be located elsewhere;
(3) An opening of 3-inch National Pipe Size or less may be provided
at another location, when necessary, to facilitate installation of
condensing coils; or
(4) Filling and discharge connections may be installed below the
normal liquid level of the tank if the tank design conforms to the
following requirements:
(i) The tank must be permanently mounted in a full framework for
containerized transport. For each tank design, a prototype tank, must
fulfill the requirements of parts 450 through 453 of this title for
compliance with the requirements of Annex II of the International
Convention for Safe Containers.
(ii) Each filling and discharge connection must be equipped with an
internal self-closing stop-valve capable of closing within 30 seconds
of actuation. Each internal self-closing stop-valve must be protected
by a shear section or sacrificial device located outboard of the valve.
The shear section or sacrificial device must break at no more than 70
percent of the load that would cause failure of the internal self-
closing stop-valve.
(iii) Each internal self-closing stop-valve must be provided with
remote means of automatic closure, both thermal and mechanical. The
thermal means of automatic closure must actuate at a temperature of not
over 250 deg.F.
(e) Each uninsulated tank used for the transportation of compressed
gas, as defined in Sec. 173.300 of this subchapter, must have an
exterior surface finish that is significantly reflective, such as a
light reflecting color if painted, or a bright reflective metal or
other material if unpainted.
38. In Sec. 178.245-4, a new paragraph (e) would be added to read
as follows:
[[Page 33230]]
Sec. 178.245-4 Tank mountings.
* * * * *
(e) A DOT 51 portable tank that meets the definition of
``container'' in Sec. 450.3(a)(3) must meet the requirements of parts
450 through 453 of this title, in addition to the requirements of this
subchapter.
Sec. 178.245-6 [Amended]
39. In Sec. 178.245-6, in the first sentence of paragraph (a), the
wording ``on one of the heads of the tank'' would be revised to read
``in close proximity to the ASME ``U'' stamp certification''.
40. In Sec. 178.270-12, in paragraph (a), the first two sentences
would be revised to read as follows:
Sec. 178.270-12 Valves, nozzles, piping, and gauging devices.
(a) All tank nozzles, except those provided for filling and
discharge connections below the normal liquid level of the tank, relief
devices, thermometer wells, and inspection openings, must be fitted
with manually operated stop valves located as near the shell as
practicable either internal or external to the shell. Each filling and
discharge connection located below the normal liquid level of the tank
must be equipped with an internal discharge valve. * * *
* * * * *
41. In Sec. 178.601, the word ``or'' would be removed at the end of
paragraph (c)(4)(iv), the period at the end of (c)(4)(v) would be
removed and ``; or'' added in its place and new paragraphs (c)(4)(vi)
and (g)(8) would be added to read as follows:
Sec. 178.601 General requirements.
* * * * *
(c) * * *
(4) * * *
(vi) For a steel drum, variations in design elements which do not
constitute a different design type under the provisions of paragraph
(g)(8) of this section.
* * * * *
(g) * * *
(8)(i) For a steel drum with a capacity greater than 50 liters
manufactured from low carbon, cold-rolled sheet steel meeting ASTM
designations A366/A366M or A568/A568M, a change in any one or more of
the following design elements constitutes a different drum design type:
(A) The packaging type and category of the original drum and the
remanufactured drum, i.e., 1A1 or 1A2;
(B) The style, (i.e., straight-sided or tapered);
(C) The rated (marked) capacity and outside dimensions;
(D) The physical state for which the packaging was originally
approved (e.g., tested for solids or liquids);
(E) The marked level of performance of the original drum (i.e., the
highest packing group, hydrostatic test pressure, or specific gravity
to which the packaging has been tested);
(F) Type of side seam welding;
(G) Steel thicknesses in the head, in the body and in the bottom,
and type of steel, i.e., stainless or low-carbon;
(H) End seam type, (e.g., triple or double seam);
(I) The number of rolling hoops which equal or exceed the diameter
over the chimes;
(J) The location, type or size, and material of closures (other
than the cover of UN 1A2 drums); and
(K) For UN 1A2 drums:
(1) Gasket material (e.g., plastic), or properties affecting the
performance of the gasket;
(2) Configuration or dimensions of the gasket;
(3) Closure ring style including bolt size, (e.g., square or round
back, 0.625'' bolt); and
(4) Closure ring thickness.
(ii) Variations in elements other than those listed in paragraph
(g)(8)(i) of this section are considered minor and do not constitute a
different drum design type, or ``different packaging'' as defined in
paragraph (c) of this section for which design qualification testing
and periodic retesting are required. Minor variations authorized
without further testing include changes in the identity of the supplier
of component material made to the same specifications, or the original
manufacturer of a DOT specification or UN standard drum to be
remanufactured.
* * * * *
42. In Sec. 178.705, in paragraph (c)(2)(ii), a new second sentence
would be added after the first sentence to read as follows.
Sec. 178.705 Standards for metal intermediate bulk containers.
* * * * *
(c) * * *
(2) * * *
(ii) * * * This does not apply to fusible links unless such devices
are the only source of pressure relief for the IBC. * * *
* * * * *
Sec. 178.705 [Amended]
43. In addition, in Sec. 178.705, in paragraph (c)(1)(iv)(B), in
the second formula, the Formula for U.S. Standard units, the number
``544'' would be revised to read ``21.4''.
Issued in Washington, DC on June 12, 1996 under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-15272 Filed 6-25-96; 8:45 am]
BILLING CODE 4910-60-P
