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DEPARTMENT OF TRANSPORTATION AFSL American Fireworks Standards UN United Nations Laboratory UN Model Regulations United Nations Pipeline and Hazardous Materials APA American Pyrotechnics Association Recommendations on the Transport of Safety Administration ASME American Society of Mechanical Dangerous Goods: Model Regulations Engineers Unified Agenda Unified Agenda of Federal ASME BPVC ASME Boiler and Pressure Regulatory and Deregulatory Actions 49 CFR Parts 107, 171, 172, 173, 178, Vessel Code 179, and 180 ASTM American Society for Testing and Table of Contents [Docket No. PHMSA–2017–0120 (HM–219C)] Materials I. Background ATCCRP Advanced Tank Car Collaborative II. Incorporation by Reference Discussion RIN 2137–AF33 Research Program Under 1 CFR part 51 CEQ Council on Environmental Quality III. NPRM: Publication and Public Hazardous Materials: Adoption of CFR Code of Federal Regulations Comments; Executive Order 13924 Miscellaneous Petitions To Reduce Chemours The Chemours Company IV. Discussion of Amendments and Regulatory Burdens CI The Chlorine Institute Applicable Comments CGA Compressed Gas Association V. Section-by-Section Review AGENCY: Pipeline and Hazardous COSTHA Council on Safe Transportation of VI. Regulatory Analyses and Notices Materials Safety Administration Hazardous Articles A. Statutory/Legal Authority for This (PHMSA), Department of Transportation CPC Casualty Prevention Circular Rulemaking (DOT). CPSC Consumer Product Safety B. Executive Order 12866 and DOT Commission ACTION: Final rule. Regulatory Policies and Procedures DGAC Dangerous Goods Advisory Council C. Executive Order 13771 DOT Department of Transportation SUMMARY: D. Executive Order 13132 The Pipeline and Hazardous EC European Community Materials Safety Administration E. Executive Order 13175 EPA Environmental Protection Agency F. Regulatory Flexibility Act, Executive (PHMSA) is amending the Hazardous EU European Union Order 13272, and DOT Procedures and Materials Regulations in response to 24 GIS Gentry Investigative Service Policies petitions for rulemaking submitted by GTTC Global Transport Tank Consultants G. Paperwork Reduction Act the regulated community between HMR Hazardous Materials Regulations H. Regulation Identifier Number (RIN) February 2015 and March 2018. This HMT Hazardous Materials Table (49 CFR I. Unfunded Mandates Reform Act final rule updates, clarifies, or provides 172.101) J. Environmental Assessment IAEA International Atomic Energy Agency K. Privacy Act relief from various regulatory IBC Intermediate Bulk Container requirements without adversely L. Executive Order 13609 and International ICAO International Civil Aviation Trade Analysis affecting safety. PHMSA also, as of the Organization M. Executive Order 13211 effective date of this final rule, ICAO Technical Instructions ICAO N. National Technology Transfer and withdraws its September 28, 2017 Technical Instructions for the Safe Advancement Act enforcement discretion regarding the Transport of Dangerous Goods List of Subjects phase-out of mobile refrigeration IIAR International Institute of Ammonia I. Background systems. Refrigeration IMDG Code International Maritime The Administrative Procedure Act 1 DATES: Effective date: This rule is Dangerous Goods Code requires Federal agencies to give effective December 28, 2020. IME Institute of Makers of Explosives Incorporation by reference date: The IVODGA International Vessel Operators interested persons the right to petition incorporation by reference of certain Dangerous Goods Association an agency to issue, amend, or repeal a publications listed in this final rule is JPG Jet Perforating Gun rule. The Department of Transportation approved by the Director of the Federal MAWP Maximum Allowable Working (DOT) and PHMSA implementing Pressure Register as of December 28, 2020. regulations at 49 Code of Federal MTC UN Manual of Tests and Criteria Regulations (CFR) 5.13(c) and 106.95, Delayed compliance date: Except as NBIC National Board Inspection Code provided by the compliance timelines respectively, allow persons to ask NFA National Fireworks Association PHMSA to add, revise, or delete a set forth in this final rule in connection NPRM Notice of Proposed Rulemaking with petitions for rulemaking P–1646, OMB Office of Management and Budget regulation by filing a petition for P–1691 and P–1692, compliance with PHMSA Pipeline and Hazardous Materials rulemaking containing adequate support the amendments adopted in this final Safety Administration for the requested action. rule is required beginning November 26, PIH Poison-by-Inhalation Hazard This final rule revises the Hazardous 2 2021. PRD Pressure Relief Device Materials Regulations (HMR ) in PSI Pounds per Square Inch response to petitions for rulemaking FOR FURTHER INFORMATION CONTACT: PSIG Pounds per Square Inch Gauge submitted by shippers, carriers, Steven Andrews at (202) 366–8553 in RCRA Resource Conservation and Recovery manufacturers, and industry the Office of Hazardous Materials Act representatives. These revisions update, Safety, Pipeline and Hazardous RFI Request for Information clarify, or provide relief from various Materials Safety Administration, U.S. RIA Regulatory Impact Analysis regulatory requirements without Department of Transportation, 1200 RID European Agreement Concerning the adversely affecting safety. PHMSA New Jersey Avenue SE, Washington, DC International Carriage of Dangerous Goods by Rail discusses the petitions and revisions in 20590–0001. RIPA Reusable Industrial Packaging detail in Section IV (Discussion of SUPPLEMENTARY INFORMATION: Association Amendments and Applicable RSI Railway Supply Institute Comments) of the preamble to this final Abbreviations and Terms SBA Small Business Administration SFX Stage FX rule. In this final rule, PHMSA is: AAR Association of American Railroads • Revising § 173.31 to prohibit the ACC American Chemistry Council TC Transport Canada ADR European Agreement Concerning the TCC AAR Tank Car Committee use of tank cars with shells or heads International Carriage of Dangerous Goods TFI The Fertilizer Institute constructed of non-normalized steel in by Road TDG Transport of Dangerous Goods AESC Association of Energy Service TPED Transportable Pressure Equipment 1 5 U.S.C. 553 et seq. Companies Directive 2 49 CFR parts 171–180.

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the transportation of poison-by- • Revising § 173.31 to prohibit the (Discussion of Amendments and inhalation hazard (PIH) materials by rail use of certain rail tank cars for the Applicable Comments) of the preamble after December 31, 2020. transportation of PIH materials after to this final rule. PHMSA also, as of the • Harmonizing availability of limited December 31, 2027. effective date of this final rule, quantity shipping exceptions for more • Allowing all waste materials to be withdraws its September 28, 2017, than 100 entries for corrosive materials managed in accordance with the lab enforcement discretion regarding the in the Hazardous Materials Table (HMT, pack exception and associated phase-out of mobile refrigeration § 172.101). paragraphs in § 173.12 irrespective of systems. • Revising § 172.302(b)(2) to allow a whether they meet the definition of a minimum height of 12 mm (0.47 inches) hazardous waste per Environmental II. Incorporation by Reference for a proper shipping name marked on Protection Agency (EPA) regulations Discussion Under 1 CFR part 51 a portable tank with a capacity of less implementing the Resource than 3,785 L (1,000 gallons). The European Union (EU) standards, Conservation and Recovery Act the APA standards, and the AESC/IME • Revising § 173.28(c)(1)(i) to allow 3 (RCRA). standards are free and accessible to the for regulatory flexibility for cleaning • Incorporating by reference the 2017 metal drums for reuse and clarifying the public on the internet, with access edition of the American Society of provided through the parent existing cleaning standard. Mechanical Engineers (ASME) Boiler • Revising § 173.5b to allow for the organization websites. The CGA and and Pressure Vessel Code (BPVC) ASME references are available for continued use of portable and mobile Sections II (Parts A and B), V, VIII refrigerator systems placed into service interested parties to purchase in either (Division 1), and IX into § 171.7. prior to 1991 that are rated to a print or electronic editions through the • Revising §§ 171.23, 173.302, and minimum service pressure of 250 parent organization websites. The 173.304 to permit the import of filled pi- pounds per square inch (psig). specific standards are discussed in • Incorporating by reference updated marked foreign pressure receptacles for greater detail in the section-by-section editions of multiple Compressed Gas intermediate storage, transport to point review (see § 171.7). Association (CGA) publications into of use, discharge, and export as well as III. NPRM: Publication and Public § 171.7. the import of certain pi-marked foreign • Removing the reference to special pressure receptacles for filling, Comments: Executive Order 13924 provision 103 in § 172.101 from Column intermediate storage, and export. • Revising § 172.101(c) to clarify that On August 14, 2019, PHMSA (7) for four HMT entries. published a notice of proposed • Removing the words ‘‘manufactured the word ‘‘stabilized’’ must be included as part of the proper shipping name rulemaking (NPRM) in the Federal before September 1, 1995’’ from Register titled, ‘‘Hazardous Materials: § 180.417(a)(3) to allow for an when stabilization is required for transportation. Adoption of Miscellaneous Petitions to alternative report for cargo tanks 4 • Revising § 171.7(r) to update the Reduce Regulatory Burdens’’ under manufactured after September 1, 1995. Docket No. PHMSA–2017–0120 (HM– • Revising the basis weight tolerance address of the Institute of Makers of 219C). The NPRM proposed revisions to provided in § 178.521 from ±5 percent Explosives (IME) and to incorporate by the HMR in response to 24 petitions for to ±10 percent from the nominal basis reference the Association of Energy rulemaking submitted to PHMSA by weight reported in the initial design Service Companies (AESC)/IME Jet various stakeholders. PHMSA discusses qualification test report for paper Perforating Gun (JPG) Standard, also these petitions and revisions in detail in shipping sacks. known as the ‘‘Guide to Obtaining DOT • Revising § 173.308(d)(3) to Approval of Jet Perforating Guns using Section IV (Discussion of Amendments harmonize with the International AESC/IME Perforating Gun and Applicable Comments) of the Maritime Dangerous Goods (IMDG) Specifications,’’ Ver. 02, dated preamble to this final rule. Code by removing the requirement for a September 1, 2017. The comment period for the NPRM closed transport container to have the • Incorporating by reference the closed on October 15, 2019. PHMSA warning mark ‘‘WARNING—MAY January 1, 2018, edition of the American received a total of 49 sets of comments CONTAIN EXPLOSIVE MIXTURES Pyrotechnics Association (APA) from 48 separate entities, 6 of which WITH AIR—KEEP IGNITION SOURCES Standard 87–1 A, B, C, ‘‘Standard for had submitted petitions that were the AWAY WHEN OPENING’’ when Construction and Approval for basis for HMR amendments proposed in transporting lighters. Transportation of Fireworks, Novelties, the NPRM. There were no late-filed • Revising §§ 173.244(a)(2) and and Theatrical Pyrotechnics,’’ replacing comments. An alphabetical list of the 173.314(c) to make the ‘‘interim’’ rail the December 1, 2001 edition into persons, companies, and associations tank car specifications the ‘‘final’’ § 171.7. that submitted comments to the HM– specifications for the transportation of PHMSA discusses the petitions and 219C NPRM may be found in the below PIH materials. revisions in detail in Section IV table:

Commenter name Docket No.

American Fireworks Standards Laboratory (AFSL) ...... PHMSA–2017–0120–0050. American Chemistry Council (ACC), the Chlorine Institute (CI), and The Fertilizer Institute (TFI) ...... PHMSA–2017–0120–0034. American Pyrotechnics Association (APA) ...... PHMSA–2017–0120–0045. American Pyrotechnics Association (APA) ...... PHMSA–2017–0120–0053. Association of American Railroads (AAR) ...... PHMSA–2017–0120–0028. Anthony Munoz ...... PHMSA–2017–0120–0016. Charles Wald ...... PHMSA–2017–0120–0014. Chemours Company (Chemours) ...... PHMSA–2017–0120–0055. Compressed Gas Association (CGA) ...... PHMSA–2017–0120–0008.

3 42 U.S.C. 6901 et seq. 4 84 FR 41556 (Aug. 14, 2019).

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Commenter name Docket No.

Council on the Safe Transportation of Hazardous Articles (COSTHA) ...... PHMSA–2017–0120–0018. Crazy Debbie’s Fireworks, LLC ...... PHMSA–2017–0120–0049. Daniel Butt ...... PHMSA–2017–0120–0039. David Carlson ...... PHMSA–2017–0120–0012. Dangerous Goods Advisory Council (DGAC) ...... PHMSA–2017–0120–0042. Dow Chemical Company ...... PHMSA–2017–0120–0037. Fireworks by Grucci, Inc...... PHMSA–2017–0120–0040. Fireworks Over America ...... PHMSA–2017–0120–0027. Galaxy Fireworks, Inc...... PHMSA–2017–0120–0026. Garrett’s Fireworks ...... PHMSA–2017–0120–0031. Gentry Investigative Service, LLC (GIS) ...... PHMSA–2017–0120–0010. Global Transport Tank Consultants (GTTC) ...... PHMSA–2017–0120–0007. ICON Pyrotechnics International ...... PHMSA–2017–0120–0035. Institute of Makers of Explosives (IME) ...... PHMSA–2017–0120–0011. International Vessel Operators Dangerous Goods Association (IVODGA) ...... PHMSA–2017–0120–0017. Inter-Oriental Fireworks (HK) LTD ...... PHMSA–2017–0120–0051. Jake’s Fireworks ...... PHMSA–2017–0120–0036. Huang Johnson ...... PHMSA–2017–0120–0020. Matson ...... PHMSA–2017–0120–0013. Matthew Jones ...... PHMSA–2017–0120–0054. National Fireworks Association (NFA) ...... PHMSA–2017–0120–0047. NextFX ...... PHMSA–2017–0120–0023. NJP Engineering LLC ...... PHMSA–2017–0120–0009. Owen Compliance Services ...... PHMSA–2017–0120–0015. Precocious Pyrotechnics ...... PHMSA–2017–0120–0046. Pyrotechnics Guild International, Inc...... PHMSA–2017–0120–0038. Pyrotechnics Guild International, Inc...... PHMSA–2017–0120–0041. Rebecca Thomas ...... PHMSA–2017–0120–0033. ResPyro—Kent Orwoll/VP Manufacturing ...... PHMSA–2017–0120–0025. ResPyro—Steve Comen/CEO ...... PHMSA–2017–0120–0021. Reusable Industrial Packaging Association (RIPA) ...... PHMSA–2017–0120–0052. Santore and Sons ...... PHMSA–2017–0120–0032. Stage FX (SFX)/Lyle Salmi ...... PHMSA–2017–0120–0024. StageFX/Dennis Slicer ...... PHMSA–2017–0120–0029. Ultratec Special Effects—John Thomas ...... PHMSA–2017–0120–0044. Ultratec Special Effects—Otis Hart ...... PHMSA–2017–0120–0048. Veolia ES Technical Solutions, LLC ...... PHMSA–2017–0120–0006. Western Enterprises Inc...... PHMSA–2017–0120–0019. Winco Fireworks International ...... PHMSA–2017–0120–0043. Yienger Fireworks ...... PHMSA–2017–0120–0030.

The comments submitted to this PHMSA is amending the HMR as risk to the public because at lower docket may be accessed via the docket detailed in this section. temperatures non-normalized steel is file numbers listed in the above table, as 1. Phase-Out of Non-Normalized Tank susceptible to brittle fractures, which well as at http://www.regulations.gov. Cars Used To Transport PIH Materials are far more likely to result in a PHMSA developed this final rule in catastrophic failure and instantaneous consideration of the comments received In its petition (P–1646), the release of a tank car’s entire contents to the public docket. Association of American Railroads than ductile fractures. AAR notes that (AAR) requests that PHMSA consider an while a slow release of contents Following the closing of the comment amendment to § 173.31 to codify a period, Executive Order (E.O.) 13924, generally has time to dissipate in the prohibition on the use of rail tank cars atmosphere, an instantaneous release ‘‘Regulatory Relief to Support Economic with shells or heads constructed of non- 5 from a catastrophic failure creates a Recovery,’’ directed Federal agencies normalized steel for transportation of concentrated toxic cloud with potential to respond to the economic harm caused PIH materials.6 In P–1646, AAR claims catastrophic consequences for the by the novel coronavirus by reviewing that the continued use of pressurized nearby population. their regulations and rescinding or tank cars constructed from non- modifying those regulations to reduce normalized steel for rail transportation PHMSA agrees with AAR’s safety regulatory burdens and thereby promote of PIH materials poses an unnecessary rationale for its recommendation of a economic growth. E.O. 13924 at § 4. regulatory prohibition on the use of rail PHMSA understands the cost savings 6 PHMSA notes that petition P–1646 (codifying an tank cars with shells or heads expected from this final rule to be industry phase-out of legacy tank cars with non- constructed of non-normalized steel for normalized steel for PIH service by December 31, consistent with E.O. 13924’s mandate. 2020) is related to two other AAR petitions transportation of PIH materials. Further, IV. Discussion of Amendments and addressed in this final rule: P–1691 (re-designating PHMSA expects that a regulatory phase- the ‘‘interim’’ HM–246 standard for PIH tank cars out of these rail tank cars would Applicable Comments as a ‘‘permanent’’ standard), and P–1692 (codifying an industry phase-out of legacy tank cars not built reinforce the voluntary phase-out of Based on an assessment of the 24 to the HM–246 standard for PIH service by legacy PIH tank cars pursuant to current petitions and the comments received, December 31, 2027). See Sections IV.13 industry efforts. In 2008, PHMSA (Finalization of the HM–246 Tank Car Standard) considered mandating a 5-year phase- and IV.14 (Phase-out of Non-HM–246 Compliant 5 85 FR 31353 (May 22, 2020). Rail Tank Cars). out of non-normalized steel tank cars in

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PIH service.7 However, in 2009, based this final rule provide both shippers and expanding the applicability of the in part on statements from owners that carriers with regulatory certainty on the limited quantity exception to this they were voluntarily phasing out such transportation of PIH materials by rail. material will not adversely affect tank cars, PHMSA declined to require This regulatory certainty makes safety—particularly as other HMR the phase-out but did require that transportation cost known to industry requirements would still apply to assure owners prioritize replacement of the and, more importantly, locks-in within safe shipment of limited quantities of non-normalized steel tank cars from the HMR safety benefits from the UN2014 (Hydrogen peroxide). PHMSA their PIH fleets.8 Those voluntary efforts transportation of PIH materials by rail expects cost savings to be achieved from have been memorialized in interchange achieved by industry’s voluntary efforts this amendment to the HMR, as rules issued by AAR requiring to phasing-out the use of tank cars with extension of the limited quantity compliance with design standards or shells or heads constructed of non- exceptions to apply to another material operating conditions as a condition of normalized steel. will reduce regulatory burdens on shipping hazardous materials by rail. Therefore, in this final rule, PHMSA regulated entities. However, since On April 7, 2017, AAR adopted an is revising § 173.31 to provide for a limited quantity shipments within the interchange rule in Casualty Prevention regulatory phase-out non-normalized United States have not been authorized Circular (CPC)-1325 9 that implemented steel rail tank cars for the transportation for UN2014 (Hydrogen peroxide) a phase-out of these non-normalized of PIH materials by December 31, 2020. previously, there is inadequate domestic (legacy) steel tank cars in PIH service by 2. Limited Quantity Shipments of data available to quantify the specific July 1, 2019. On July 27, 2018, AAR Hydrogen Peroxide cost savings that would result from this revised CPC–1325 and re-issued it as change. A more detailed discussion of CPC–1336, but retained the phase-out In its petition (P–1658), Steris the economic analysis can be found in deadline for the non-normalized steel requests that PHMSA revise Column the accompanying RIA. tank cars,10 effective July 1, 2019. (8A) of the HMT to make available the limited quantity packaging exceptions at Therefore, in this final rule, PHMSA Because AAR has already adopted a is revising Column (8A) of the HMT for phase-out schedule, there are no § 173.152 for ‘‘UN2014, Hydrogen peroxide aqueous solution.’’ Steris notes ‘‘UN2014, Hydrogen peroxide aqueous additional costs associated with PHMSA solution’’ to allow limited quantity implementing a December 31, 2020, that the United Nations (UN) Recommendations on the Transport of packaging for this material by date as a regulatory deadline. A more referencing the exception in § 173.152. detailed discussion of this economic Dangerous Goods: Model Regulations analysis can be found in the (Model Regulations) authorize shipment 3. Markings on Portable Tanks accompanying Regulatory Impact of limited quantities of UN2014 (Hydrogen peroxide). Steris contends In his petition (P–1666), William J. Analysis (RIA). Briner requests that PHMSA revise PHMSA received comments from that this amendment would provide § 172.302(b)(2) of the HMR consistent AAR, the Chemours Company economic and logistical consistency in with section 5.3.2.0.2 of the IMDG Code (Chemours), and a joint comment from global transportation and facilitate to allow a minimum height of 12 mm the American Chemistry Council (ACC), commerce for domestic companies (0.47 inches) for proper shipping name the Chlorine Institute (CI), and The without adversely impacting safety. markings on portable tanks with a Fertilizer Institute (TFI) in support of PHMSA received no comments on this capacity of less than 3,785 L (1,000 the proposal to amend the HMR to proposed revision in the NPRM. include a regulatory phase-out of the The HMR at subpart D of part 173 gallons). The petitioner contends that use of pressurized tank cars constructed provides, among other provisions, the revision would provide regulatory from non-normalized steel for rail exceptions for some classes of flexibility for the size of markings on transportation of PIH materials. These hazardous materials when shipped portable tanks without adversely associations represent major under certain limited quantity impacting safety. PHMSA received no stakeholders impacted by this change, thresholds. However, while other comments on this proposed revision in including the shippers who own or international standards and regulations, the NPRM. lease the tank cars, and may bear the such as the UN Model Regulations, As currently codified in the HMR, cost of implementing any phase-out, provide for the transport of UN2014 in § 172.302(b)(2) requires markings on and the railroads who must transport limited quantities (up to 60 percent portable tanks with capacity less than the freight under their obligations as concentration), UN2014 is not 3,785 L (1,000 gallons) to have a width common carriers. PHMSA’s actions to authorized a limited quantity exception of at least 4.0 mm (0.16 inch) and a align the HMR with industry’s voluntary within the HMR as currently written. height of at least 25 mm (1 inch). phase-out the use of non-normalized PHMSA has considered the operational Through its technical review of this (legacy) steel tank cars in PIH service in experience in international petition, PHMSA determined that transportation of UN2014 pursuant to harmonizing the height of this marking 7 See 73 FR 17817 (April 1, 2008). the UN Model Regulations as well as in with that in the IMDG Code (12 mm) 8 74 FR 1770 (Jan. 13, 2009). the domestic transport of materials of would not cause a reduction in hazard 9 CPCs are documents issued by AAR to its the same hazard class in limited communication and, therefore, would members outlining requirements for the quantities as allowed by current HMR not have a negative effect on safety. transportation of hazardous materials by rail. 10 A piece of rail equipment, such as a tank car, exceptions and concluded that a limited PHMSA expects that harmonizing this that does not meet AAR interchange standards is quantity exception should be extended requirement with international effectively prohibited from movement on the U.S., to UN2014 as well. PHMSA is unaware standards would provide cost savings Canadian, and Mexican freight rail system. The of any characteristics of UN2014 and efficiencies in transportation; AAR Tank Car Committee (TCC) initially developed a phase-out schedule for non-normalized tank cars (Hydrogen peroxide) making it uniquely however, PHMSA is unable to quantify in 2008 under AAR CPC–1187, which prohibited unsuitable for limited quantity these potential cost savings as there is the use of non-normalized tank cars after December shipment when other hazardous no cost data on the savings gained from 31, 2018. Prior to adoption of the final AAR materials assigned the same hazard class using smaller markings and the number interchange phase-out requirements in CPC–1325, AAR TCC solicited comments to amend CPC–1187 can be shipped in limited quantities. of stakeholders affected. A more via CPC–1324. Consequently, PHMSA expects that detailed discussion of the economic

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analysis can be found in the After further consideration, PHMSA International Civil Aviation accompanying RIA. agrees that identifying a specific Organization Technical Instructions for Therefore, in this final rule, PHMSA numeric threshold for sufficient removal the Safe Transport of Dangerous Goods is revising § 172.302(b)(2) to allow a of coatings and labels to expose (ICAO Technical Instructions) minimum height of 12 mm (0.47 inches) deterioration is impracticable and permitting limited quantity shipment of for proper shipping name markings on expects that the language RIPA suggests hazardous materials. Further, in portable tanks with a capacity of less in its comments to the NPRM will reviewing the HMR, PHMSA than 3,785 L (1,000 gallons). appropriately address the issue by determined that these hazardous 4. Reconditioning of Metal Drums ensuring external coatings and labels are materials currently without limited sufficiently removed to expose metal quantity exceptions are of the same In its petition (P–1670), the Reusable deterioration that could adversely hazard classes as materials for which Industrial Packaging Association (RIPA) impact transportation safety. the HMR already contains an exception requests that PHMSA revise Furthermore, PHMSA expects cost allowing limited quantity shipment. § 173.28(c)(1)(i) to require that labels be savings to be achieved through this PHMSA expects that expanding the substantially removed, rather than amendment, as it provides for a partial applicability of the limited quantity completely removed, during the relaxation of the requirements in the exception to these additional materials reconditioning of metal drums. RIPA HMR; however, PHMSA is unable to would not adversely affect safety. states that a strict reading of the current quantify these potential cost savings PHMSA is unaware of any HMR requirement asks for an because it does not have data on the cost characteristics of the hazardous impossible standard, as the full removal differences between ‘‘removed’’ and materials at issue that makes them of coatings and labels (including their ‘‘substantially removed’’ or the number uniquely unsuitable for limited quantity adhesive residues) is practically of persons affected. A more detailed shipment when the HMR authorizes impossible. RIPA justifies this request discussion of the economic analysis can other hazardous materials assigned the by noting that current cleaning and be found in the accompanying RIA. same hazard class to be shipped in surface preparation processes have been Therefore, in this final rule, PHMSA limited quantities. Consequently, utilized for decades and, from its is revising § 173.28(c)(1)(i) to read, PHMSA expects that expanding the standpoint, have never been considered ‘‘Cleaning to base material of applicability of the limited quantity a safety issue. construction, with all former contents, exception to other materials that are In the NPRM, PHMSA responded to internal and external corrosion within the same hazard class will not P–1670 by proposing to allow tightly removed, and any external coatings and adversely affect safety—particularly as adhering paint, mill scale, and rust to labels sufficiently removed to expose other HMR requirements would still remain on no more than 10 percent of any metal deterioration that adversely apply to assure safe shipment of limited the surface area of a drum being affects transportation safety.’’ quantities of those materials. By way of reconditioned. While supportive of example, limited quantities of these 5. Limited Quantity Harmonization revising this section, RIPA notes in its hazardous materials will still need to comments to the NPRM that the In its petition (P–1676), URS display a conspicuous marking proposed revision fails to achieve Corporation requests that PHMSA revise indicating they are limited quantity PHMSA’s goal of allowing some coating Column (8A) of the HMT to extend shipments pursuant to § 172.315, and residue to remain on steel drums exceptions allowing for shipment of will still need to be packaged in provided safety is not compromised. limited quantities of 45 additional accordance with other requirements in RIPA contends it is technically hazardous materials. URS Corporation 49 CFR part 173. The operational impossible to meet a requirement that noted that the absence from the HMR of experience of safe transportation of entails the removal of 90 percent of limited quantity exceptions for those limited quantities of these materials ‘‘tightly adhering paint . . .’’ from the materials is inconsistent with provisions pursuant to UN Model Regulations entire surface area of every steel drum under various international standards provides additional evidence that and contends that the limit of 10 authorizing limited quantity shipment extension of the HMR’s limited quantity percent surface area for exterior coatings of the same materials. URS Corporation exceptions to those materials will not is arbitrary and will be difficult to contends that this inconsistency adversely affect safety. Furthermore, enforce. Lastly, RIPA notes that mill between domestic and international PHMSA expects cost savings to be scale does not appear on metal used to standards regarding the limited quantity achieved through this amendment, as it manufacture or recondition steel drums exception for these 45 proper shipping provides exceptions to the requirements and should be removed from the names causes confusion regarding the in the HMR that impose compliance proposed revisions to § 173.28(c)(1)(i). pertinent regulatory requirements with burdens on regulated entities; however, Therefore, in its comments to the importing hazardous materials due to a lack of domestic data on these NPRM, RIPA suggests that shipments into the United States that types of shipments, PHMSA is unable to § 173.28(c)(1)(i) be revised to read, had been prepared as limited quantity quantify the specific cost savings that ‘‘Cleaning to base material of shipments under international would result from this change. A more construction, with all former contents, regulations. detailed discussion of the economic internal and external corrosion As noted in the NPRM, PHMSA analysis can be found in the removed, and any external coatings and conducted a technical review of the accompanying RIA. labels sufficiently removed to expose petition and identified a total of 114 The Council on Safe Transportation of any metal deterioration which adversely entries in the HMT—including the 45 Hazardous Articles (COSTHA) and affects transportation safety.’’ RIPA listed in URS Corporation’s petition— International Vessel Operators contends this will establish a workable that are not in alignment with the UN Dangerous Goods Association (IVODGA) safety standard based upon adequate Model Regulations permitting limited submitted comments to the NPRM in removal of surface coating materials to quantity shipment of hazardous support of this proposed revision, while expose evidence of metal deterioration. materials. In addition, PHMSA also noting that PHMSA overlooked one PHMSA received no other comments on determined that HMR treatment of 64 of listing in the HMT for harmonization. this proposed change to the HMR. those 114 entries also diverged from the The commenters explain that the HMT

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listing for ‘‘UN3170, Aluminum put into service before June 1, 1991, or characterization of this document from smelting by-products or Aluminum if the MAWP is a result of upgrading a ‘‘publication’’ to a ‘‘standard,’’ and remelting by-products’’ includes a components. expanding its scope to address PRDs for change in Column (8A) from ‘‘None’’ to As described in the RIA, although five additional gases. ‘‘151’’ for Packing Group (PG) II but PHMSA describes the nature of cost • Petitions P–1684 and P–1693. In failed to revise the PG III entry. PHMSA savings associated with adoption of this two separate petitions, Worthington acknowledges that this was an oversight petition, PHMSA was unable to estimate Cylinders and CGA request that PHMSA and is revising the language in the HMT the cost savings with sufficient accuracy incorporate by reference CGA C–11, to include ‘‘UN3170, Aluminum to quantify them due to data ‘‘Practices for Inspection of Compressed smelting by-products or Aluminum uncertainties. Therefore, in this final Gas Cylinders at Time of Manufacture, remelting by-products’’ PG III materials rule, PHMSA is revising § 173.5b to 2013, Fifth Edition’’ into § 171.7 to in this final rule. allow the continued use of certain replace the outdated reference to the Therefore, in this final rule, PHMSA portable and mobile refrigerator systems Third Edition of this standard published is revising Column (8A) (exceptions) of that meet the 250 psig service pressure in 2001. These petitions also request the HMT consistent with the UN Model specification by removing the revisions to § 178.35(b) and (c) to refer Regulations to allow an additional 114 prohibition on use of refrigeration to CGA C–11. This updated publication hazardous materials entries to be systems placed into service before June outlines best practices for inspection of shipped as limited quantities under the 1, 1991. Further, PHMSA, as of the cylinders consistent with industry HMR. The complete list of hazardous effective date of this final rule, practice and clarifies the parameters of materials affected by this provision is in withdraws its September 28, 2017, inspector actions when inspecting compressed gas cylinders. the amendments to the HMT at the end enforcement discretion regarding the • of this final rule. phase-out of mobile refrigeration Petition P–1694. CGA requests that systems because it will no longer be PHMSA incorporate by reference CGA 6. Mobile Refrigeration Units necessary. C–6.1–2013, ‘‘Standards for Visual In its petition (P–1677), the Inspection of High Pressure Aluminum International Institute of Ammonia 7. Incorporation by Reference of CGA Compressed Gas Cylinders’’ into § 171.7 Refrigeration (IIAR) requests that Standards to replace the outdated reference to the PHMSA revise § 173.5b to allow the PHMSA received multiple petitions to Fourth Edition of this standard continued use of mobile refrigeration update CGA standards currently published in 2002. This standard was units (which are commonly used by the incorporated by reference in § 171.7 of developed for the visual inspection of U.S. produce industry) that were placed the HMR. These petitions include: aluminum alloy compressed gas into service prior to 1991, provided they • Petition P–1679. CGA requests that cylinders with service pressures of 1800 are tested to a service pressure of 250 PHMSA incorporate by reference CGA psi (12410 kPa) or greater. Notable psig. PHMSA received no comments on C–6.3, ‘‘Standard for Visual Inspection changes from the previous edition of this proposed revision in the NPRM. of Low Pressure Aluminum Alloy this publication include new guidelines As currently written, § 173.5b(b)(6) of Cylinders, 2013, Third Edition’’ 12 into for the use of ultrasonic inspection (UE), the HMR requires that mobile § 171.7 to replace the outdated reference and incorporation by reference of refrigeration systems placed into service to the First Edition of this standard another CGA publication (CGA Safety prior to June 1, 1991 be phased-out by published in 1991. This publication is Bulletin 22 Aluminum Cylinders— October 1, 2017; however, PHMSA an industry standard governing periodic Guidelines for Heat Exposure) for use issued an enforcement discretion inspection of aluminum alloy with aluminum cylinders. PHMSA evaluated the recommended memorandum 11 on September 28, 2017, compressed gas cylinders with service CGA standards as part of its technical permitting the continued use of mobile pressures of 500 psi (3450 kPa) or less. review of these petitions. In each refrigeration units that are tested to a Notable changes from the previous instance, PHMSA compared the two service pressure of 250 psig. In its edition consist of updating HMR editions—the edition currently technical review conducted in citations and changing the incorporated by reference in the HMR connection with the Enforcement characterization of the document from a and the update edition proposed to be Discretion Memorandum, PHMSA ‘‘guideline’’ to a ‘‘standard.’’ • incorporated by the petitioner—for any determined there is no reduction in Petition P–1680. CGA requests that changes or substantial revisions. safety by authorizing the continued use PHMSA incorporate by reference CGA PHMSA found only non-substantial of mobile refrigeration units that are S–7, ‘‘Method for Selecting Pressure revisions during that review and tested to a service pressure of 250 psig Relief Devices for Compressed Gas determined that they would not result because the purpose of § 173.5b is to Mixtures in Cylinders, 2013, Fifth in a reduction in safety. Moreover, eliminate the use of systems with a Edition’’ into § 171.7 to replace the insofar as the revisions in the updated maximum allowable working pressure outdated reference to the Fourth Edition CGA standards reflect lessons learned (MAWP) of 150 psig. PHMSA of this standard published in 2005. This from operational experience and best consequently incorporated that industry standard governs methods for practices developed since the earlier conservatism within the Enforcement selecting pressure relief devices (PRDs) standards were placed in effect, Discretion Memorandum in the for compressed gas mixtures packaged incorporation of those updated proposed HMR amendments set forth in in cylinders having water capacities of standards could promote safety. There the NPRM. The proposed amendment 1000 lb (454 kg) or less. Notable changes were no quantifiable cost savings would allow the system to be used if its from the previous edition of this identified, as these revisions to the CGA components are designed for a MAWP document includes revising reference standards incorporated by reference are of 250 psig regardless of whether it was temperatures, changing the primarily technical in nature and are not expected to have a material effect on 11 Enforcement Discretion Memorandum for 12 The previous edition of this document was Mobile Refrigeration Units—https:// titled, ‘‘Guidelines for Visual Inspection and the cost of business. A more detailed www.regulations.gov/document?D=PHMSA-2016- Requalification of Low Pressure Aluminum discussion of the economic analysis can 0085-0004. Compressed Gas Cylinders, 1991, First Edition.’’ be found in the accompanying RIA.

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PHMSA received comments from material to fire or explosion during ensure a more fulsome safety analysis of CGA, COSTHA, and Gentry shipment conditions will result in a the HMR amendments requested in P– Investigative Service (GIS) in support of mass detonation of the material. Only 1683, PHMSA is not adopting the this proposal. However, in its comment, those detonators that successfully pass amendments proposed in the NPRM at GIS notes that there are newer editions tests prescribed for Division 1.4B may this time and may instead consider of the CGA publications and suggests be classed in this hazardous materials them in a future rulemaking that could that these editions should be category. be informed by the information and data incorporated as part of this final rule. PHMSA agrees that the removal of received in response to the RFI. Although PHMSA acknowledges that special provision 103 would harmonize 10. Alternative Reports for Cargo Tanks newer editions have been recently with the international regulations and developed, PHMSA declines to would have no negative impact on In its petition (P–1685), Polar Service incorporate by reference in this safety. Special provision 103 is Systems requests that PHMSA revise rulemaking newer editions of CGA outdated, as the HMR has since aligned § 180.417(a)(3) to remove the words documents. PHMSA has yet to evaluate its classification methodologies with the ‘‘manufactured before September 1, those more recent editions, which were UN performance-based classification 1995,’’ thereby allowing an alternative not proposed in the HM–219C NPRM. method to improve harmonization with report in lieu of obtaining the PHMSA, however, encourages industry the internationally-accepted system for manufacturers certificate of compliance to petition PHMSA to include any the classification of explosives. Finally, for cargo tanks manufactured after newer edition of incorporated-by- the operational experience of safe September 1, 1995. The petitioner notes reference publications as desired and transportation of these materials that there is no provision to allow for supported by technical analysis within pursuant to UN Model Regulations the use of alternative reports when a those petitions. provides further evidence that the certificate of compliance is unavailable Therefore, in this final rule, PHMSA amendments to the HMR as proposed for cargo tanks manufactured after is updating CGA standards incorporated will not adversely affect safety— September 1, 1995,14 and explains that by reference in § 171.7 of the HMR as particularly as other HMR requirements some cargo tank manufacturers have proposed in the NPRM. would still apply to assure safe gone out of business in the past 25 shipment. However, since special years, making it impossible for a tank 8. Special Provision for Explosives provision 103 is no longer widely used, owner to obtain a missing certificate of In its petition (P–1681), IME requests PHMSA does not expect there would be compliance from these manufacturers. that PHMSA remove special provision any quantifiable cost savings. A more Therefore, these alternative reports 103 from § 172.102 and from Column (7) detailed discussion of the economic would replace a missing certificate of of the HMT for the following entries: analysis can be found in the compliance for cargo tanks ‘‘UN0361, Detonator assemblies, non- accompanying RIA. manufactured after September 1, 1995. electric, for blasting’’; ‘‘UN0365, Therefore, in this final rule, PHMSA PHMSA received no comments on this Detonators for ammunition’’; ‘‘UN0255, is removing the references to special proposed revision in the NPRM. Detonators, electric, for blasting’’; and provision 103 from four entries in PHMSA’s technical review of the ‘‘UN0267, Detonators, non-electric, for Column (7) (Special provisions) of the petition determined there are challenges blasting.’’ IME explains that this change HMT, and removing special provision in maintaining the required would harmonize the HMR with the UN 103 from § 172.102 altogether. documentation for cargo tanks and cargo Model Regulations, and would enhance tank motor vehicles when cargo tank continuity when transporting these 9. Safety Devices manufacturers are no longer in business. materials domestically and In its petition (P–1683), the Ford This is true irrespective of the internationally. PHMSA proposed these Motor Company requests that PHMSA timeframe set forth in § 180.417. changes in the NPRM and PHMSA remove the word ‘‘None’’ from Column Further, PHMSA does not expect there received comments in support from (8A) of the HMT for the proper shipping would be a reduction in safety in IME, Owen Compliance Services, and name ‘‘UN0503, Safety Devices, allowing alternative reports for cargo COSTHA. pyrotechnic’’ and replace it with ‘‘166,’’ tanks manufactured after September 1, Special provision 103 restricts which would allow for the packaging 1995, because the testing and classification of detonators as Division exceptions currently authorized for recordkeeping requirements that 1.4B if they are shipped in packages other safety devices in § 173.166. PHMSA would demand in those containing more than 25 grams of net PHMSA proposed this revision in the alternative reports provide much of the explosive mass that could be involved HM–219C NPRM. PHMSA separately same information that would be in a in a limited propagation explosion. published a notice of request for manufacturer’s certificate. Further, However, the UN Model Regulations information (RFI) in the Federal PHMSA’s experience administering the contain no quantified mass restriction Register soliciting information and data alternative reporting requirement under for the same materials: rather, they from stakeholders regarding the existing HMR provisions demonstrates require only that detonators must pass classification, testing, and conditions for that extension of this compliance the tests prescribed by the UN Manual transportation relevant to the potential flexibility to additional cargo tanks of Tests and Criteria (MTC)—in this classification of safety devices.13 To would not adversely affect safety. case, the UN Test Series 6 Similarly, this amendment is not requirements—to be classified as 13 85 FR 35368 (June 9, 2020). PHMSA has expected to result in any material cost Division 1.4B. The UN MTC contains continued to see advancements in technologies for to industry; rather, cargo tanks articles containing hazardous materials; those the criteria, test methods, and advancements have been the subject of requests for manufactured after September 1, 1995, procedures used for the classification of approvals or special permits for transportation as with useful life remaining would not be dangerous goods (i.e., hazardous safety devices (UN0503 and UN3268). As such, forced out of service, thereby saving materials) per the provisions of UN PHMSA is, in the RFI, requesting information or regulated entities the cost of data from stakeholders regarding the classification, Model Regulations to ensure an testing, and conditions for transportation of these replacement. A more detailed appropriate level of safety, and devices requesting an approval to be classified as demonstrate whether exposure of the safety devices. 14 See 59 FR 1786 (Jan. 12, 1994).

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discussion of the economic analysis can would like to allow further stakeholder KEEP IGNITION SOURCES AWAY be found in the accompanying RIA. engagement and opportunity to WHEN OPENING’’ on the access door. Therefore, in this final rule, PHMSA comment on any proposed changes 13. Finalization of the HM–246 Tank is revising the language in before making this specific Car Standard § 180.417(a)(3) to allow for alternative determination. The commenter is reports when a manufacturer’s encouraged to petition PHMSA with In a joint petition (P–1691), AAR, CI, certificate is not available regardless of supporting data to include 11G ACC, TFI, and the Railway Supply the date of manufacture of the cargo packagings in a future rulemaking. Institute (RSI) request that PHMSA tank. Therefore, based on its technical revise §§ 173.314(c) and 173.244(a)(2) of analysis showing no negative impact on 11. Weight Tolerances for Paper the HMR to convert ‘‘interim’’ rail tank safety, PHMSA is amending § 178.521 to Shipping Sacks car specifications to ‘‘final’’ tank car revise the nominal basis weight reported specifications. The interim tank car In its petition (P–1688), the Paper in the initial design qualification test specifications were issued as part of the Shipping Sack Manufacturers report from ±5 percent to ±10 percent. HM–246 final rule titled, ‘‘Hazardous Association requests that PHMSA Materials: Improving the Safety of amend § 178.521 to revise the basis 12. Markings on Closed Transport Containers Railroad Tank Car Transportation of weight tolerances for liners and Hazardous Materials’’ 16 to be used for mediums used in the manufacture of In its petition (P–1690), Matson rail tank cars transporting PIH materials multi-wall shipping sacks from ±5 requests that PHMSA amend ± until PHMSA issued a permanent percent to 10 percent from the nominal § 173.308(d)(3) to remove the standard. The petitioners note that the basis weight reported to PHMSA in the requirement for a warning to be placed PIH tank cars built in compliance with on the access door of a closed transport initial design qualification test. The the HM–246 interim specifications have petitioner explains that multi-wall sacks vehicle or a closed freight container performed well and with no noteworthy are manufactured on the same or when lighters are transported by vessel. safety concerns. technically equivalent machines that Matson explains that the IMDG Code manufacture the liners for fiberboard does not require a similar warning, The HM–246 final rule prescribed boxes and further notes that PHMSA thereby noting inconsistencies between enhanced safety measures for PIH revised the basis weight tolerances from the HMR and the international materials transported in rail tank cars. ±5 percent to ±10 percent for fiberboard requirements that could cause confusion These safety measures include stronger boxes in the HM–219A final rule.15 regarding the pertinent requirements tanks made from normalized steel and PHMSA notes that the petitioner is governing international shipments. capable of withstanding higher tank test correct in that the paper used to PHMSA received one comment from pressures, fittings, tank head-puncture manufacture multi-wall shipping sacks IVODGA in support of this proposal. resistance protection, and thermal is made on the same or similar The petitioner is correct in that the protection for some commodities. The machines as those used to make current HMR requirement is HM–246 final rule was the result of fiberboard boxes. Given the technical inconsistent with the IMDG Code. The industry consensus that an updated data presented in the petition, which IMDG Code does not require this regulatory standard was necessary to included linerboard drop and dynamic additional marking and has not improve accident survivability, even as compression tests, PHMSA concluded experienced an appreciable adverse research continued to develop a long- that a small reduction (or a nearly safety impact. PHMSA is, further, term PIH tank car specification. infinite increase) in basis weight of the unaware of a compelling safety Following publication of the HM–246 paper used in manufacturing fiberboard justification for requiring the marking— final rule and adoption of the interim boxes would not affect the safety of the particularly as other HMR hazard specifications, the Advanced Tank Car packaging, and PHMSA expects that communication requirements (such as Collaborative Research Program multi-wall shipping sacks—made of transport documents and container (ATCCRP) 17 suggested the HM–246 similar materials and manufactured on placards) would remain operative even interim specifications provide the same or technically equivalent if the amendment is adopted. In significant safety improvements over machines—will behave similarly such addition, the amendment would legacy designs and noted a scarcity of that there will be no adverse impact to improve the internal consistency of the other feasible options beyond the safety. Furthermore, PHMSA estimates HMR, which does not impose the same interim specifications. In addition, the total potential annualized cost restriction on other packages containing conclusions from various ATCCRP savings to the industry of between a Division 2.1 flammable gas as it does projects provide scientific support to $20,000 and $200,000. A more detailed packages composed of lighters make the interim specifications discussion of the economic analysis can containing Division 2.1 flammable permanent. Conclusions resulting from be found in the accompanying RIA. gasses. Furthermore, while PHMSA was these safety research efforts, as reported PHMSA received one comment from unable to quantify any specific cost by ATCCRP, include: David Carlson in support of this savings associated with this • The interim specifications provide proposal. However, in addition to his amendment, no costs are anticipated. A significant improvement in accident support, Mr. Carlson requested that more detailed discussion of the PHMSA extend a similar provision to economic analysis can be found in the 16 74 FR 1769 (Jan. 13, 2009). 11G packagings in this final rule. accompanying RIA. 17 The ATCCRP coordinates research efforts to PHMSA notes that 11G packagings were Therefore, based on its technical enhance the safety and security of rail tank car shipments of toxic-by-inhalation hazard (TIH) not discussed in the NPRM, and while analysis, PHMSA is amending materials. It is a joint effort comprised of shippers there may be merits to this proposed § 173.308(d)(3) to remove the of tank cars carrying TIH materials (represented by revision, PHMSA has not conducted a requirement for vessel transport of a ACC, CI, and TFI); railroads that transport technical analysis of that proposal and closed transport vehicle or freight hazardous materials (represented by AAR); and rail tank car builders and lessors (represented by RSI). is not adopting it at this time. PHMSA container to display the warning mark For more information, see https:// ‘‘WARNING—MAY CONTAIN tankcarresourcecenter.com/wp-cojntent/uploads/ 15 83 FR 55792 (Nov. 7, 2018). EXPLOSIVE MIXTURES WITH AIR— 2017/11/ATCCRP-Research-Background-2016.pdf.

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survivability over the legacy designs 14. Phase-Out of Non-HM–246 Tank Car Standard’’), research (i.e., legacy specifications); and Compliant Rail Tank Cars conducted under the ATCCRP has since • No design feature or material was In its petition (P–1692), AAR requests demonstrated that the HM–246 interim identified that would provide a that PHMSA amend § 173.31 to adopt a tank car specifications provide significantly greater level of 6-year phase-out for PIH rail tank cars significant improvements in improvement, or would be a reasonable that do not meet the interim HM–246 survivability and there is no reason to alternative (from an economic or specifications as implemented in the expect a different design would provide manufacturability standpoint) that HM–246 final rule published on January a significantly greater level of should be required industry-wide. 13, 2009. Specifically, AAR argues that improvement. However, despite initial PHMSA received comments to the collaborative research undertaken by indications in 2009 that voluntary HM–219C NPRM from AAR, The Dow industry and government partners efforts would result in an accelerated Chemical Company, Chemours, and a (through ATCCRP) has confirmed that phase-out of those tank cars in PIH joint comment from ACC, CI, and TFI in HM–246 specification cars have the service that failed to comply with the support of this proposal. These highest accident survivability rate over HM–246 interim specifications, the commenters noted that by re- other designs and are the most feasible industry had not adopted a voluntary designating the HM–246 specifications available technology to transport PIH phase-out schedule as of December 2016 as permanent, PHMSA will provide materials. that would eliminate such tank cars regulatory certainty to the stakeholder In 2006, after several major PIH rail from PIH service. community that an ‘‘interim’’ standard tank car accidents, AAR began to release On December 16, 2016, AAR cannot. In its comment, AAR a series of CPCs that mandated the use submitted its petition (P–1692) recommended that PHMSA coordinate of a safer design for tank cars that requesting that PHMSA adopt a 6-year with Transport Canada (TC) to assign a transport PIH materials. On March 31, phase-out for PIH rail tank cars that do unique designator when translating the 2008, AAR published CPC–1187, which not meet the interim specifications as interim tank car specifications into implemented design specifications for implemented in the HM–246 final rule permanent tank car specifications. tank cars used in PIH service and published on January 13, 2009. AAR PHMSA agrees with AAR and included a 10-year phase-out schedule argued that collaborative research collaborated with TC during the final for tank cars that did not meet the CPC– undertaken by industry and government rule drafting stage to assign a unique 1187 specifications. According to CPC– partners (through ATCCRP) over the last designator to denote those permanent 1187, non-compliant tank cars would 7 years had confirmed that HM–246 tank car specifications. This unique not be accepted for interchange after specification cars have the highest identifier will help ensure that tank cars December 31, 2018. PHMSA published accident survivability rate over other used to transport PIH materials built to an NPRM 18 proposing revisions to the designs and are the most feasible the permanent specifications can more HMR to improve the crashworthiness technology to transport PIH materials. easily move between the United States protection of rail tank cars designed to and Canada without encountering Before PHMSA completed its review transport PIH materials on April 1, 2008 of P–1692, AAR adopted CPC–1325 in delays. and later issued a final rule establishing PHMSA’s technical review of this April 2017, which implemented a the interim HM–246 specifications in petition determined that the HM–246 mandatory phase-out by July 1, 2023, of January 13, 2009. The interim HM–246 compliant rail tank cars have an any tank car in PIH service that does not specifications effectively adopted AAR’s established safety record with no major comply with the HM–246 interim CPC–1187 tank car specifications for the incidents attributed to the tank car specifications. Prior to AAR’s adoption transportation of PIH materials until design. As explained by ATCCRP and of CPC–1325, TFI commented to the P– further research could be completed on 20 discussed at greater length in Section 1692 docket that it opposed enhanced tank car specifications. implementation of the July 1, 2023, IV.14. (Phase-out of Non-HM–246 In the HM–246 NPRM, PHMSA Compliant Rail Tank Cars), the HM–246 phase-out schedule. TFI contended that considered adopting a phase-out of tank DOT has sole authority over hazardous interim specifications represent a cars that did not meet the proposed substantial safety improvement over materials packaging and that because interim specifications. However, AAR’s adoption of the phase-out legacy tank cars in PIH service. This PHMSA did not codify a phase-out amendment is not expected to result in schedule was done without performing timeline in the final rule, stating an economic analysis, it was impossible any new material costs to industry. Any ‘‘[a]lthough PHMSA continues to expect costs associated with phasing out legacy to estimate the full extent of its potential that an accelerated phase-out of these costs or benefits. tank cars result from the decision by cars is justified, PHMSA recognizes the Similar comments were relayed to AAR to utilize interchange agreements voluntary efforts already underway by PHMSA by a group of shipper to mandate retirement of these cars from many fleet owners to phase out these PIH service by the date (December 31, associations during a January 13, 2017 cars, in many cases on schedules more 21 2027) specified in CPC–1336; this final aggressive than the five-year deadline meeting. AAR met with PHMSA and rule would align the HMR with those proposed in the NPRM.’’ 19 Instead, the the Federal Railroad Administration industry efforts. A more detailed HM–246 final rule adopted the interim (FRA) on August 1, 2017, during which discussion of this economic analysis can tank car specifications; subsequently, AAR suggested its phase-out schedule be found in the accompanying RIA. AAR suspended CPC–1187 until new did not conflict with DOT regulations Therefore, in this final rule, PHMSA tank car specifications could be and that the phase-out schedule was is amending §§ 173.314(c) and finalized and suspended the December intended to remove an older, less-safe 173.244(a)(2) of the HMR to make the 2018 retirement deadline for non- HM–246 rail tank car specifications compliant tank cars. 20 Docket No. PHMSA–2016–0165, available at permanent for the transportation of PIH As discussed in the previous sub- www.regulations.gov. materials and is assigning the unique 21 Attendees included representatives from TFI, section (‘‘Finalization of the HM–246 ACC, CI, and API. Meeting Notes from the Listening identifier of ‘‘DOT–105H600W’’ for Session for Petitions P–1678 and P–1692, available HM–246 tank cars transporting PIH 18 73 FR 17817 (Apr. 1, 2008). at https://www.regulations.gov/ materials by rail. 19 74 FR at 1777–78. document?D=PHMSA-2016-0165-0007.

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car design from PIH service.22 PHMSA phase-out. A more detailed discussion 21, 1990 final rule codifying § 173.12(b) later notified AAR on December 7, 2017, of the economic analysis can be found indicate the lab pack exception is that it was accepting P–1692 and would in the accompanying RIA. limited to ‘‘hazardous wastes’’ as that conduct a ‘‘safety and policy review that As such, PHMSA is codifying the term is defined under the EPA’s RCRA will aid in determining whether the phase-out of all non-HM–246 rail tank regulations.26 PHMSA expects that HMR should mandate a phase-out cars for use in the transportation of PIH making all waste material eligible for period and, if so, what period would materials. PHMSA’s actions in this final the lab pack exception would not lead ensure safety and protect the public rule provide both shippers and carriers to a reduction in safety because waste interest.’’ 23 with regulatory certainty on the materials present no greater hazard than On July 27, 2018, AAR revised CPC– transportation of PIH materials by rail. materials defined as a hazardous waste 1325 and re-issued it as CPC–1336, This regulatory certainty makes according to the EPA’s RCRA extending the phase-out schedule for transportation cost predictable to regulations. Further, insofar as the lab non-HM–246 compliant tank cars from industry and—more importantly—locks- pack exception would make it easier for 6 years (July 1, 2023) to 10 years in safety benefits associated with regulated entities without sophisticated (December 31, 2027). On August 15, industry’s movement to phase-out non- compliance programs, or limited storage 2018, the railroads (represented by HM–246 tank cars in the transportation space, to dispose of waste consistent AAR) and a group of leading PIH of PIH materials by rail. with the HMR, the final rule could material shippers (represented by ACC, Therefore, PHMSA is revising improve safety. In addition, there are no CI, and TFI) submitted a joint comment § 173.31 to phase-out all non-HM–246 costs expected based on this revision. to P–1692 proposing a phase-out date of rail tank cars for the transportation of Extension of the lab pack exception December 31, 2027, for all non-HM–246 PIH materials by December 31, 2027, to offers additional flexibility for specification rail tank cars. The align with the agreed upon phase-out transporting waste materials; it does not December 31, 2027, phase-out date is in dates between AAR and leading PIH increase compliance costs or changes to lieu of the 6-year timeline requested in material shippers. how waste material is handled. A more AAR’s original petition. The joint detailed discussion of the economic 15. Allow Non-RCRA Waste To Use Lab analysis can be found in the commenters met with PHMSA on Pack Exception September 6, 2018, and urged PHMSA accompanying RIA. to act quickly in completing a In its petition (P–1695), Veolia Therefore, in this final rule, PHMSA rulemaking that would adopt the requests that PHMSA amend § 171.8 by is adding a definition of ‘‘waste petition’s proposed 10-year phase-out adding a definition of ‘‘waste material’’ material’’ to allow for all waste material timeline.24 The joint commenters to allow for all waste material to be to be managed in accordance with the contend that codifying the phase-out in managed in accordance with the lab lab packs exception and associated the HMR would improve safety and packs exception and associated paragraphs in § 173.12. paragraphs in § 173.12, regardless of increase market certainty. PHMSA in 16. Incorporation of ASME Code whether it meets the definition of a the NPRM proposed revision of the Sections II, V, VIII, and IX HMR to adopt the joint commenters’ ‘‘hazardous waste’’ in EPA regulations December 31, 2027 deadline. PHMSA implementing RCRA at 40 CFR 261.3. In its petition (P–1700), Trinity received no adverse comments in The ‘‘lab pack exception’’ for waste Containers requests that PHMSA response to that NPRM proposal. under § 173.12(b) provides for incorporate by reference the 2017 PHMSA received comments in support exceptions from some HMR packaging edition of the ASME BPVC Sections II of this proposal from AAR, the Dow requirements (such as those pertaining (Parts A and B), V, VIII (Division 1), and Chemical Company, Chemours, and a to chemical constituent marking and IX into § 171.7(g)(1) of the HMR. The joint comment by ACC, CI, and TFI. specification packaging requirements for ASME BPVC is a consensus industry PHMSA expects the phase-out of combination packages) to facilitate standard for the design and construction legacy rail tank cars for PIH service will transportation for disposal of certain of boilers and pressure vessels. have a positive impact on safety because waste materials when shipped in Significant revisions to the relevant they would be replaced with more packages satisfying packaging portions of the ASME BPVC introduced robust tank cars for use in the requirements identified in that section. in the 2017 edition include the The petitioner notes that PHMSA has following: transportation of PIH materials and • because regulatory certainty could foster stated in a letter of interpretation (16– ASME BPVC Section II, Part A: market certainty. In the NPRM, PHMSA 0099) 25 that this exception only applies Incorporation of 25 new American proposed a phase-out deadline of to ‘‘hazardous wastes’’ as defined by Society for Testing and Materials December 31, 2027; however, the phase- EPA’s regulations implementing RCRA; (ASTM) and 7 new international out will go into effect under mandatory amendment of the HMR to make the lab specifications authorized in connection railroad interchange rules regardless of pack exception in § 173.12 more broadly within ferrous material within ASME- whether PHMSA adopts this date into available to ‘‘waste materials’’ would compliant boilers and pressure vessels; • ASME BPVC Section II, Part B: regulation. As a result, there is no cost provide regulatory relief in the disposal Incorporation of 10 new ASTM associated with PHMSA promulgating and recovery of hazardous materials. specifications authorized for use in this date as a regulatory deadline for the PHMSA received comments from Veolia and COSTHA in support of this connection with non-ferrous material within ASME-compliant boilers and 22 AAR Presentation on Tank Car Phase Out and proposal. pressure vessels; TCC Authority from August 1, 2017, available at PHMSA’s technical review of the • https://www.regulations.gov/document?D=PHMSA- petition supports the petitioner’s ASME BPVC Section V: 2016-0165-0011. interpretation. Neither the regulatory Incorporation of 19 new ASTM 23 P–1692 Acceptance Letter, available at https:// text nor the preamble of the December specifications providing for ASME- www.regulations.gov/document?D=PHMSA-2016- compliant methodologies in conducting 0165-0012. 24 Meeting Summary, available at https:// 25 PHMSA Letter of Interpretation, Reference No. non-destructive examination of boilers www.regulations.gov/document?D=PHMSA-2016- 16–0099, available at https://www.phmsa.dot.gov/ 0165-0014. regulations/title49/interp/16-0099. 26 See 55 FR 52402, 52423 (Dec. 21, 1990).

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and pressure vessels, as well as incorporation of the 2015 edition, 178.348(e)(2)(viii), and agrees that ‘‘UG– revisions of existing standards ASME removed paragraph (b) from UG– 32(e)’’ should be replaced with ‘‘UG– pertaining to acoustic emissions testing 32, resulting in the re-designation of the 32(d)’’ provisions. PHMSA is making an and block calibration; former UG–32(e) as UG–32(d). NJP additional editorial change to the HMR • ASME BPVC Section VIII, Division Engineering seeks clarification that it to update the references to UG–32 as 1: Revision of existing specifications for was PHMSA’s intention to retain those recommended by NJP Engineering. the construction of pressure vessels to exceptions and recommends that ‘‘UG– PHMSA expects that the cost-savings expand coverage of openings and quick- 32(e)’’ be replaced with ‘‘UG–32(d)’’ associated with P–1700 would be action/actuation closures, clarify accordingly. modest. A more detailed discussion of guidelines on performance of manual In this final rule, PHMSA is this economic analysis can be found in and automated ultrasonic testing, and incorporating by reference the 2017 the accompanying RIA. provide new procedural pathways for editions of the ASME BPVC Section II, manufacturers to obtain ASME Part A (Ferrous Materials 17. Import of Foreign Pi-Marked certifications; and Specifications); Section II, Part B Cylinders • ASME BPVC Section IX: Revision of (Nonferrous Material Specifications); In its petition (P–1701), CGA requests existing specifications for welding, Section V (Nondestructive that PHMSA modify §§ 171.23, 173.302, brazing and fusing qualifications to Examination); Section VIII, Division 1 and 173.304 to permit the transportation expand acceptable testing methods and (Rules for Construction of Pressure of filled pi-marked foreign pressure clarify welder personnel qualification Vessels Division); and Section IX receptacles in compliance with requirements. (Welding, Brazing, and Fusing applicable requirements of the European The petitioner contends that without Qualifications). PHMSA’s technical Agreement Concerning the International regulatory amendment, ASME review of P–1700 determined that the Carriage of Dangerous Goods by Road certificate holders would be obliged to HMR’s incorporation by reference of the (ADR) and EU Directive 2010/35/EU of comply with obsolete industry obsolete 2015 edition of the ASME the European Parliament and of the standards for manufacturing cargo BPVC could induce confusion among Council. The HMR currently allows pi- tanks, non-specification tanks, and stakeholders about the controlling marked cylinders (which are filled and implements of husbandry to the ASME edition of the ASME BPVC. PHMSA shipped within the EU and marked with BPVC referenced in § 171.7(g)(1). agrees with the petitioner that adopting a pi (p) symbol to denote compliance PHMSA received comments on this the updated edition would help ensure with the ADR and EU Directive 2010/ proposal from Global Transport Tank that the HMR remains consistent with 35/EU) to be imported through use of Consultants (GTTC), GIS, and NJP the best practices used by the industry. special permits. The petitioner requests Engineering. GTTC requests that The design margin(s) in the HMR for revisions to the HMR authorizing PHMSA clarify which sections are being DOT specification cargo tanks remain as without the need for a special permit, updated and whether the updated currently authorized; 28 this rulemaking the (1) import, intermediate storage, ASME BPVC Section VIII, Division 1 does not authorize the ‘‘design margin’’ transport to point of use, discharge, and ‘‘Design Margin’’ would be applicable to described in the 2017 edition of the export, as well as (2) import of empty any of the cargo tank packaging ASME BPVC Sections II (Parts A and B), pi-marked foreign pressure receptacles ‘‘designed’’ to the requirements of V, VIII (Division 1), and IX into the for filling, intermediate storage, and ASME BVCP Section VIII, Division 1. In HMR for DOT specification cargo tanks, export. Entegris provided comments to addition, GTTC asks if it was PHMSA’s even as it would apply to specification the P–1701 docket 31 and requested intention to require the repair of ASME portable tanks. This distinction was additional revisions to §§ 171.23(a) and ‘‘marked’’ packaging to meet the clarified in a letter of interpretation (17– 173.302(a)(2) to allow shipment of requirements of the 1992 edition of the 0083 29) published in response to adsorbed gasses within those pi-marked National Board Inspection Code (NBIC) PHMSA’s incorporation by reference of cylinders that were the subject of CGA’s currently incorporated by reference in to the 2015 edition of the ASME BPVC petition for rulemaking. The changes to HMR. GTTC and GIS request that Section VIII Division. This rulemaking § 171.23(a)(3) requested by Entegris are PHMSA incorporate the 2019 editions of did not consider incorporating the intended to allow for domestic sourcing the ASME BPVC and the NBIC since updated NBIC; however, the 2017 as well as the import of empty pi- they are currently available. edition is under review currently as part marked pressure receptacles for filling NJP Engineering supports the HMR of the HM–241 30 rulemaking. The 1992 and export. amendments proposed in the NPRM but edition of the NBIC currently PHMSA’s technical review did not requests correction of an alleged incorporated by reference into the HMR find evidence to suggest there would be oversight by PHMSA in incorporating will remain in effect for the repair of any adverse safety impacts resulting the 2015 edition of the ASME BPVC.27 ASME packagings manufactured in from those HMR amendments. The NJP Engineering notes that the ASME accordance with the HMR. PHMSA will shipping of pi-marked cylinders within BPVC standard contains a requirement retain the exceptions in §§ 178.346– the United States has been allowed for for a 6 percent knuckle radius on 1(d)(8), 178.347–1(d)(8), and many years through special permits— torispherical heads that is the subject of with at least 3,000 shipments occurring exception in three places (see 28 The ASME design margin does not apply to since the special permits were first §§ 178.346–1(d)(8), 178.347–1(d)(8), and DOT specification cargo tanks because of the issued; there is also extensive 178.348(e)(2)(viii)) within the HMR. structural integrity sections in part 178, which specify alternative design margins. In contrast, the operational experience in the safe These HMR exceptions reference ASME design margin applies to portable tanks as international shipment of pi-marked standard ASME BPVC standard UG– the HMR contains no exception allowing the use of cylinders. Although there is limited 32(e) and were added to the HMR in an alternative design margin. market data on the current export of pi- response to the incorporation of the 29 PHMSA Letter of Interpretation Reference No. marked cylinders pursuant to special previous 1998 edition of the ASME 17–0083, available at https://www.phmsa.dot.gov/ regulations/title49/interp/17-0083. permit, PHMSA expects that adopting BPVC. However, prior to the 30 See Spring 2020 Unified Agenda at https:// www.reginfo.gov/public/do/ 31 https://www.regulations.gov/ 27 See 81 FR 25613 (Apr. 29, 2016). eAgendaViewRule?pubId=202004&RIN=2137-AE58. docket?D=PHMSA-2017-0026.

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these amendments would not result in with the IMDG Code in connection with enhance production of oil and gas wells. a change to the number of pi-marked international shipments. PHMSA The petitioners note that the initial cylinders that are transported or the risk received comments from the Dow version of the AESC/IME JPG Standard profile of their transportation. Chemical Company, Dangerous Goods has been used by PHMSA since 2008. Nonetheless, cost savings are expected Advisory Council (DGAC), and IVODGA Entities seeking PHMSA’s assignment of to be minimal, resulting primarily from supporting this proposal. an EX number for a JPG product submit the potential time savings for industry PHMSA’s technical review confirmed applications demonstrating conformity and government due to the elimination inconsistency between the HMR and the with one of 13 standard design of the need for a special permit. A more IMDG Code and revealed that hazardous templates within the AESC/IME JPG detailed discussion of the economic materials that have some instability but Standard, thereby avoiding having to analysis can be found in the that are not specifically identified or submit their product for explosive accompanying RIA. classified as self-reactive substances or laboratory testing normally required PHMSA received comments from organic peroxides cannot be shipped in under § 173.56. IME submits that the CGA and Chemours in support of this compliance with both the IMDG Code HMR amendments identified in its proposal. COSTHA notes that the 2017 and the HMR as currently written. In petition would codify existing PHMSA edition of the ADR is being referenced addition, PHMSA determined that practices for review of JPG products in § 171.7 of the NPRM. COSTHA also requiring the use of the word under § 173.56. PHMSA received no notes that as of September 2019, the ‘‘stabilized’’ when stabilization is adverse comments on the petition or the most current edition of the ADR is the required by § 173.21(f) would not result proposals in the NPRM. 2019 edition that became effective July in any reduction in safety, but would PHMSA expects that adoption of the 1, 2019. PHMSA will consider updating instead increase safety by indicating petition as proposed in the NPRM will this reference in a future rulemaking, as that a material has been stabilized in not have an adverse effect on safety. it has yet to conduct a technical preparing it for transportation. Although PHMSA has relied on AESC/IME’s JPG evaluation of the 2019 edition of the this amendment may incur costs for Standard to expedite its review of ADR. manufacturers and shippers related to applications since 2008; PHMSA is In this final rule, PHMSA is training and compliance, costs are unaware any significant operational or modifying §§ 171.23, 173.302, and expected to be negligible because testing experience indicating that 173.304 to permit the import of filled pi- affected entities that engage in historical practice is unsafe. Further, the marked foreign pressure receptacles for international commerce are already most recent version of the AESC/IME storage incidental to movement, aware of the requirement under the JPG Standard is potentially more transport to point of use, discharge, and IMDG Code. A more detailed discussion conservative than the current standard, export. PHMSA is also permitting the of the economic analysis can be found as it would narrow the universe of JPG transportation of pi-marked foreign in the accompanying RIA. product designs (from 13 to 8) eligible pressure receptacles for export, Therefore, in this final rule, PHMSA for expedited review to only those 1.1D including filling and storage incidental is revising § 172.101(c) to clarify that the products without a detonator. to movement. In addition, PHMSA is word ‘‘stabilized’’ must be included as Furthermore, the economic analysis revising §§ 171.23(a) and 173.302(a)(2) part of the proper shipping name when suggests potential annualized cost to ensure that the authorization for pi- the HMR requires stabilization before savings of approximately $360,000 for marked cylinders is applicable to transportation. adsorbed gas packages. Finally, to align manufacturers of JPGs that would avail with similar ADR provisions and 19. Incorporation by Reference of an themselves of the newly-codified increase shipper and carrier awareness AESC/IME Standard regulations incorporating the updated AESC/IME JPG Standard to avoid the of the requirements for pi-marked In its petition (P–1710), IME requests need for explosives laboratory testing. cylinders, PHMSA is requiring a that PHMSA update § 171.7(r) to update Additional cost savings are expected for notation on the shipping paper IME’s corporate address and incorporate both manufacturers and PHMSA due to following the basic description of the by reference the AESC/IME JPG reduced labor requirements for hazardous material to certify Standard, also called the ‘‘Guide to processing applications for EX compliance with the pi-marked cylinder Obtaining DOT Approval of Jet approvals. A more detailed discussion requirements. PHMSA is updating Perforating Guns using AESC/IME of the economic analysis can be found § 171.7 to include the ADR and EU Perforating Gun Specifications,’’ in the accompanying RIA. Directive 2010/35/EU of the European Version 02, dated September 1, 2017. Therefore, in this final rule, PHMSA Parliament and of the Council into the IME also proposes that PHMSA include is updating IME’s address in § 171.7(r), HMR. a new § 173.67 codifying PHMSA’s incorporating the updated AESC/IME current practice excepting JPGs 18. Placement of the Word ‘‘Stabilized’’ JPG Standard into a new § 171.7(r)(3) of conforming to the AESC/IME JPG in Shipping Description the HMR, and adding a new § 173.67 Standard from the exhaustive testing codifying existing practice allowing In its petition (P–1706), Evonik generally required pursuant to § 173.56 AESC/IME JPG Standard-compliant requests that PHMSA revise how the to receive an EX number authorizing products access to expedited PHMSA word ‘‘stabilized’’ should appear when transportation of a new explosive.32 providing the shipping name for a JPGs use shaped explosive charges to review under § 173.56. hazardous material to maintain produce a high-pressure jet penetrating 20. Incorporation by Reference of an consistency with the IMDG Code. The the liner or casing of a wellbore to Updated APA Standard 87–1 HMR does not allow the word ‘‘stabilized’’ to appear as part of the 32 PHMSA’s use of the 2008 version of the AESC/ In its petition (P–1711), the APA proper shipping name, whereas the IME JPG Standard in its § 173.56 reviews is an requests that PHMSA incorporate by IMDG Code requires it, when informal practice and not a regulatory requirement. reference the 2018 edition of APA See Correspondence from Theodore L. Willke Standard 87–1, ‘‘Standard for stabilization is required prior to (PHMSA) to Lon Santis (IME) (Nov. 19, 2008), transportation. The petitioner claims http://www.ocsresponds.com/ref/AESC-IMEPerf Construction and Approval for that this causes needless discrepancies GunApproval(2008.11.19).pdf. Transportation of Fireworks, Novelties,

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and Theatrical Pyrotechnics’’ 33 to Fireworks; ICON Pyrotechnics Comments Regarding Section 2.4: replace the outdated reference to the Internationals; American Fireworks Break/Burst Charge Limits 2001 edition of this standard, noting Standards Laboratory (AFSL); Inter- PHMSA received several comments advances in product safety and design Oriental Fireworks LTD; APA; APA on section 2.4 of APA Standard 87–1A, in the fireworks industry over the last Rebuttal to National Fireworks which outlines the general requirements 15 years. Significant changes from the Association (NFA); and Matthew Jones. that must be met for construction and previous edition of APA Standard 87–1 These commenters generally supported design of consumer firework devices include the following: incorporating the updated APA • and novelties. Jake’s Fireworks, NFA, Re-organizing Standard 87–1 into Standard 87–1, noting that it will add Crazy Debbie’s Fireworks, Ultratec three parts: APA Standard 87–1A numerous new devices, expand the Special Effects and the APA provided (consumer fireworks), APA Standard permitted chemical list, and is directed comments specifically on the break/ 87–1B (display fireworks), and APA toward hazard classification for burst charge limits outlined in this Standard 87–1C (entertainment and transportation. The commenters add section of APA Standard 87–1A: technical industry fireworks, otherwise that the updated APA Standard 87–1 • Jake’s Fireworks contends that APA referred to as articles pyrotechnics). Standard 87–1A’s limitation on metals • Updating the product descriptions provides defined criteria that will relieve the burden of submitting new in the composition of a break/burst throughout each of those parts to charges was rejected by the CPSC accommodate new types and fireworks designs to a third-party test lab for classification and will reduce the commissioners, alleging that in doing configurations popularized since the so, the CPSC rejected metal composition 2001 edition of APA Standard 87–1. regulatory burden on industry, including manufacturers and small as a factor in the safety of break/burst The petitioner contends that because charges. business importers, who often have to the classification system in the 2001 • Ultratec Special Effects states that spend their time helping their foreign edition of APA Standard 87–1 does not some of the weight limit increases for reflect new product types and manufacturers obtain EX approvals. devices per tube in APA Standard 87– configurations (e.g., combination General Comment: Opposed 1A will allow for a break/burst charge devices containing multiple tubes, and of 42.5 grams, which is more than combinations of effects previously PHMSA received comments opposing enough to produce a salute device. It limited to single tubes), those new incorporation of APA Standard 87–1A also claims that if these devices were products are not eligible pursuant to from Yienger Fireworks, NFA, and subject to UN Series 6 testing, they §§ 173.64 and 173.65 for expedited would likely be classified as 1.3G or 34 Crazy Debbie’s Fireworks. NFA and PHMSA review and approval. The Crazy Debbie’s Fireworks explain that 1.1G devices, further adding that reports petitioner submits that incorporation by while many of the proposed revisions to and airburst reports should always be reference of the updated version of APA APA Standards 87–1A, B, and C would subject to UN Series 6 testing since Standard 87–1 would relieve clarify the requirements applicable to these devices are highly energetic and administrative burdens on industry by should be scrutinized for proper facilitating expedited PHMSA review fireworks devices, there are certain revisions in APA Standard 87–1A that construction and packing techniques to and approval of fireworks products and ensure safe transportation. Ultratec provide regulatory certainty regarding will not reduce regulatory burdens and do not relate to improving Special Effects adds that many of these compliance with the HMR. devices are currently unregulated due to PHMSA received numerous transportation safety. These commenters further contend that APA Standard 87– older issued EX numbers that have comments to the NPRM regarding this vague specifications and no specified 1A would conflict with the regulatory petition, and to address each issue, part numbers. regime of the Consumer Product Safety PHMSA broke them out into the • NFA asserts that adoption of the following sub-sections for detailed Commission (CPSC) governing the language for break/burst charges in APA discussion. safety of fireworks from a consumer-use Standard 87–1A will not reduce standpoint. General Comments: Support regulatory burdens and will create Instead, PHMSA’s incorporation of conflict and confusion between agency PHMSA received comments in APA Standard 87–1 pertains to its regulations instead, further claiming support of this proposal from Charles that it is unrelated to safe transportation Ward; Huang Johnson; Western distinguishable jurisdictional of hazardous materials in commerce. Enterprises Inc.; ResPyro (Steve Comen); responsibility over regulation of • Crazy Debbie’s Fireworks alleges StageFX (Lyle Salmi); Galaxy Fireworks, packaging and transportation of that APA Standards 87–1A and C Inc.; ResPyro (Kent Orwoll); NextFX; fireworks and other hazardous should have identical break/burst Fireworks Over America; Dennis Slicer; materials. PHMSA-imposed restrictions charge limits for the same fireworks. By Santore and Sons; Pyrotechnics Guild on packaging and shipment of way of example, Crazy Debbie’s International (Paul Smith); Garrett’s hazardous materials for transportation that give rise to incidental effects on the Fireworks notes that for the same firework—‘‘UN0336, Fireworks, 1.4G’’— 33 APA Standard 87–1 is a consensus industry way those materials are marketed to each of APA Standard 87–1A and standard in which fireworks classifications are consumers are, therefore, not Standard 87–1C impose two different assigned based upon the weight and type of duplicative or conflicting regulations. In chemical composition for each type of device, break/burst composition restrictions. addition, PHMSA notes that the APA including specific permissible and restricted Under APA Standard 87–1A, this chemicals. 87–1 standards were developed with the material is limited to less than 149 34 Sections 173.64 and 173.65 permit fireworks resources of the APA, which welcomed manufactured in compliance with APA Standard microns (100 mesh) metals in the break/ 87–1 to be classified and approved on an expedited broad input and participation from the burst charges, but APA Standard 87–1C basis, as each application for a new fireworks fireworks industry. APA allowed states that aluminum particles greater product would otherwise have to provide product- organizations, including the NFA, to specific testing required under § 173.56 to obtain an than 53 microns in diameter must not EX number from PHMSA authorizing their participate in that process as an exceed 10 percent by weight of the transportation. organization. break/burst charge.

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APA Standard 87–1A’s restrictions on necessarily superior to APA Standard pertaining to reloadable aerial shell kits. metal size and chemical composition 87–1A’s approach of limiting the metal These commenters do not view those within break/burst charges for consumer particle sizes and chemical requirements (for fully assembled tubes, fireworks are not new regulatory composition. Indeed, insofar as both inner packaging and a base) as being requirements; rather, they have been in APA Standards (87–1 and 87–1A) as related to the risk of harm in the place since the 2001 edition of APA well as the UN Model Regulations transportation of these products, instead Standard 87–1 currently incorporated classify fireworks with an eye toward claiming they relate to the kits’ into § 171.7, as metal size and chemical limiting the amount of flash powder packaging and design as it interfaces composition directly impact hazard compositions that can be present in with the consumer, which they allege is classification. For this reason, PHMSA fireworks, they do so by different subject to the jurisdiction of the CPSC is not persuaded by the commenters’ approaches: APA Standard 87–1 and the and distinct from transportation safety arguments that APA Standard 87–1A’s updated 87–1A do so by way of regulated by PHMSA. NFA further limitations on break/burst device metal adjusting chemical composition and claims adoption of this portion of the composition are unnecessary; rather, metal particle sizes to control flash proposed language under section 3.2.5.1 PHMSA understands those metal size powder compositions, while the UN will not reduce regulatory burdens, may limitations to be essential to safe Model Regulations rely on the use of a create conflict and confusion between transportation of consumer fireworks flash powder test to determine the CPSC and PHMSA regulations, and whose chemical structure and metal presence of flash powder compositions. eliminate a currently-allowed industry composition makes them inherently Based on its long experience regulating practice prior to an item being offered more dangerous than fireworks with safe transportation of fireworks, PHMSA for retail sale. different constituents. Further, even if is satisfied that both the APA Standard However, APA submitted the CPSC may not have had reservations (87 and 87–1A) and UN approaches are supplemental comments noting that about whether an adequate technical appropriate. PHMSA notes that none of NFA, et al. were not criticizing the basis to conclude that the precise metal the commenters on the NPRM provided NPRM so much as existing HMR composition limits at issue in its technical or operational data supporting requirements as elaborated by PHMSA rulemaking would ensure consumer a contrary conclusion. safety guidance 35 on reloadable aerial product safety, PHMSA is satisfied, PHMSA is aware of the different shell kits. APA further explained that based on its experience regulating limits on metal size permitted under the transportation of completed kits transportation of hazardous materials APA Standards 87–1A and C for the with inner packaging significantly (an activity that involves a different risk same UN0336, 1.4G firework. As increases safety in the event of an profile than use of fireworks by explained above, PHMSA understands incident occurring during individual consumers) that the metal size to be an important factor in transportation: If a trailer load or approach taken in APA Standard 87–1 classifying fireworks to ensure their safe shipping container of reloadable shells and 87–1A is appropriate for its transportation. But metal size is not did not have the separation provided by transportation regulatory oversight necessarily the only component that inner packaging required under APA activities. PHMSA notes that none of the should be considered in the Standard 87–1A, the product could commenters on the NPRM provided classification of fireworks under the behave as a 1.3G explosive and pose far technical or operational data supporting HMR. Indeed, the differences between more serious transportation risks than a a contrary conclusion. APA Standards 87–1A and C with 1.4G incident. In addition, Ultratec Special Effects’ respect to the same fireworks reflect the PHMSA agrees with APA that assertion that APA Standard 87–1A will common-sense proposition that other Standard 87–1A’s requirement for allow for an increased break/burst characteristics of fireworks can reloadable aerial shell kits to contain charge of 42.5 grams, and therefore influence their classification for fully assembled tube and be packaged in allow salute device access to the regulation of their transportation—and an inner packaging with base is not a expedited review processes under that those transportation-relevant new regulatory requirement: Those §§ 173.64 and 173.65, is incorrect. A characteristics often derive from (or elements are in the 2001 edition of APA device containing a burst charge weight incidentally effect) the end uses of the Standard 87–1, in addition to the of 42.5 grams would not comply with fireworks. As explained by APA in PHMSA guidance identified above. either the existing APA Standard 87–1 supplemental comments submitted in nor the updated APA Standard 87–1A. response to Crazy Debbie’s Fireworks et PHMSA further agrees with APA that The only weight increases in the al., the chemical composition and the requirements for inner packagings updated APA Standard 87–1A pertain to design of articles pyrotechnics governed and bases for reloadable aerial shell kits fountain devices, which do not contain by APA Standard 87–1C are much more in APA Standard 87–1A are important burst/break charges; the break/burst energetic than the consumer fireworks contributors to the safe shipment of charge weight limit of 15 grams for governed by APA Standard 87–1A— aerial shell kits. Indeed, PHMSA’s aerial shells did not change. Devices hence, the difference in authorized technical review regarding P–1710 with break/burst charges exceeding 15 metal sizes despite the same 1.4G included research yielding a grams would have to be submitted to a classification. PHMSA understands the preliminary conclusion that reloadable DOT-approved test laboratory pursuant different metal size limits for consumer aerial shell kits can be shipped in bulk to § 173.56, where the device would be applications (APA Standard 87–1A) and safely as 1.4G explosives. subjected to the UN Series 6 testing and articles pyrotechnics applications (APA Comments Regarding Appendices subsequently reviewed by PHMSA. Standard 87–1C) to be appropriate. Further, although PHMSA PHMSA received comments from acknowledges that the HMR allows the Comments Regarding Reloadable Aerial Jake’s Fireworks and the NFA on use of the default UN classification Shell Kits ‘‘Appendix VI: General Requirements testing (including UN Series 6 testing) PHMSA received comments from 35 https://www.phmsa.dot.gov/sites/ instead of reliance on compliance with Jake’s Fireworks, NFA, and Crazy phmsa.dot.gov/files/docs/approvals-and-permits/ APA Standard 87–1A, PHMSA is not Debbie’s Fireworks, on sections 2.4 and hazmat/energetic-materials-approvals/18296/safety convinced that UN Series 6 testing is 3.2.5.1 of APA Standard 87–1A guidancefortheclassificationofanaerialshellkit.pdf.

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Pertaining to the Consumer Product provide cost savings to the fireworks Council, June 16, 2010, into § 171.23. Safety Commission.’’ The commenters industry by streamlining the EX The aim of Directive 2010/35/EU of the note that the requirements in Appendix approval process for many types of European Parliament and of the Council VI do not relate to matters of pyrotechnic devices. The EX approval on Transportable Pressure Equipment transportation safety, but rather concern processes within the updated APA (2010 TPED) is to promote the free consumer safety issues which are within Standard 87–1 will relieve the burden of movement of transportable pressure the jurisdiction of the CPSC. submitting new fireworks designs to a equipment (TPE) within the European PHMSA agrees with the commenters third-party test lab for classification—a Community (EC). It provides for a legal that Appendix VI of APA Standard 87– compliance cost often borne by structure whereby TPE can be 1A is within the jurisdiction of CPSC, distributors and small business manufactured and sold and used and will therefore not incorporate it by importers, who often must contract to throughout the EC. reference in this final rule. Nor will assist foreign manufacturing sources in • CGA C–6.1, Standards for Visual PHMSA incorporate by reference any of obtaining EX approvals for their Inspection of High Pressure Aluminum Appendices II–V of APA Standard 87– manufactured products. In addition, Compressed Gas Cylinders, 2002, 1A, Appendices II–IV of APA Standard PHMSA expects that the incorporation Fourth Edition, into §§ 180.205 and 87–1B, and Appendices II–IV of APA of the revised APA standards will 180.209. This publication has been Standard 87–1C, as PHMSA has not provide opportunities for the fireworks prepared as a guide for the visual conducted a technical evaluation of industry to work with the Department of inspection of aluminum compressed gas those Appendices. Defense in developing incendiary type cylinders with service pressures of 1800 psig or greater. It is general in nature Conclusion Regarding Incorporation by devices for training exercises. PHMSA and does not cover all circumstances for Reference of Updated APA Standard estimates that adoption of this petition would provide an annualized cost each individual cylinder type or lading. Based on PHMSA’s technical analysis • savings of approximately $270,000 to CGA C–6.3, Guidelines for Visual and the comments received on the industry through expediting the Inspection and Requalification of Low NPRM, PHMSA will in this final rule approval process to reduce explosives Pressure Aluminum Compressed Gas incorporate by reference the updated lab testing requirements. A more Cylinders, 2013, Third Edition, into APA Standards 87–1A, B, and C, with detailed discussion of the economic §§ 180.205 and 180.209. This their respective Appendix I Permitted analysis can be found in the publication has been prepared as a and Restricted Chemicals lists. Other accompanying RIA. guide for the periodic inspection of Appendices of APA Standard 87–1A aluminum alloy compressed gas (Appendices II–VI), APA Standard 87– V. Section-by-Section Review cylinders with service pressures of 500 1B (Appendices II–IV), and APA Below is a section-by-section psi or less. This publication is general Standard 87–1C (Appendices II–IV) will description of the amendments in this in nature and will not cover all not be incorporated by reference. final rule. circumstances for each individual PHMSA expects the updated APA cylinder type or lading. Standards 87–1A, B, and C will provide 1. Appendix A to Part 107, Subpart D • CGA C–11, Recommended Practices clarity to the fireworks industry, while Appendix A to Part 107, Subpart D for Inspection of Compressed Gas maintaining the composition sets forth the guidelines PHMSA uses Cylinders at Time of Manufacture, 2013, restrictions for classification that are (as of October 2, 2013) in making initial Fifth Edition, into § 178.35. The purpose needed to ensure the safe transportation baseline determinations for civil of this publication is to promote safety of fireworks. Furthermore, PHMSA’s penalties. In this final rule, PHMSA is by outlining inspection requirements of decision to incorporate by reference the updating the references to APA DOT and UN pressure vessels as updated APA Standard 87–1 is based on Standard 87–1 to reflect the new edition interpreted and practiced by its review of the requirements for of this standard. manufacturers and inspectors. consumer fireworks in APA Standard • CGA S–7, Method for Selecting 87–1A, display fireworks in APA 2. Section 107.402 Pressure Relief Devices for Compressed Standard 87–1B, and professional Section 107.402 outlines how to apply Gas Mixtures in Cylinders, 2013, Fifth fireworks (classed as articles for designation as a certification agency. Edition, into § 173.301. This method is pyrotechnics) in APA Standard 87–1C. PHMSA is updating the references to applicable to the determination of the These standards add numerous new the APA Standard 87–1 to reflect the PRD to use with compressed gas devices, expand the permitted chemical new edition of this standard in mixtures in cylinders. This method is list, and are directed toward hazard § 107.402(d). limited to those compressed gas classification for transportation. PHMSA mixtures with known flammability, is also clarifying that in incorporating 3. Section 171.7 toxicity, state, and corrosively. Appendix I of each of APA Standards Section 171.7 lists all standards • ASME Boiler and Pressure Vessel 87–1A, B, and C, it will adopt a one- incorporated by reference into the HMR Code (ASME BPVC), 2017 Edition, July percent manufacturing tolerance for the that are not specifically set forth in the 1, 2017 (as follows), into §§ 172.102; application of the chemical constituent regulations. In this final rule, PHMSA is 173.3; 173.5b; 173.24b; 173.306; limits in updated APA Standard 87–1. incorporating by reference the following 173.315; 173.318; 173.420; 178.255–1; This would mean that for individual publications by the APA, ASME, CGA, 178.255–2; 178.255–14; 178.255–15; chemical constituents, an increase or EU, and AESC/IME: 178.273; 178.274; 178.276; 178.277; decrease of one-percent of that • European Agreement concerning 178.320; 178.337–1; 178.337–2; material’s share of the composition the International Carriage of Dangerous 178.337–3; 178.337–4; 178.337–6; compared to the limits set forth in the Goods by Road, 2017, into § 171.23. The 178.337–16; 178.337–18; 178.338–1; updated APA Standard will be ADR is the European agreement 178.338–2; 178.338–3; 178.338–4; permitted for chemicals (other than red concerning the international carriage of 178.338–5; 178.338–6; 178.338–13; phosphorous and silver fulminate). dangerous goods by road within the EU. 178.338–16; 178.338–18; 178.338–19; PHMSA expects its incorporation of • Directive 2010/35/EU of the 178.345–1; 178.345–2; 178.345–3; the updated APA Standard 87–1 will European Parliament and of the 178.345–4; 178.345–7; 178.345–14;

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178.345–15; 178.346–1; 178.347–1; Energy Agency (IAEA) Regulations. 8. Section 172.302 178.348–1; 179.400–3; and 180.407. The PHMSA is revising § 171.23(a)(3) to ASME BPVC is a standard that regulates allow for the use of pressure vessels and Section 172.302 describes the general the design and construction of boilers pressure receptacles that are marked marking requirements for bulk and pressure vessels. The document is with a pi mark in accordance with the packagings. In this final rule, PHMSA is written and maintained by volunteers European Directive 2010/35/EU on revising the minimum size of the chosen for their technical expertise. TPED and that comply with the marking requirement on certain portable • AESC/IME JPG Standard, Guide to requirements of Packing Instruction tanks in § 172.302(b)(2). This revision Obtaining DOT Approval of Jet P200, P208 and 6.2 of ADR concerning requires a minimum marking of 12 mm Perforating Guns using AESC/IME PRD use, test period, filling ratios, test (0.47 inch) in height as applicable to Perforating Gun Specifications, Ver. 02, pressure, maximum working pressure, portable tanks with capacities less than dated September 1, 2017, into § 173.67. and material compatibility for the lading 3,785 L (1,000 gallons). The AESC/IME JPG Standard was contained or gas being filled. This 9. Section 173.5b developed by IME, AESC, and PHMSA revision allows for import, intermediate to provide an efficient and economical storage, transport to point of use, Section 173.5b authorizes the mechanism to obtain explosives discharge, and export of pi-marked transportation by highway of residual approvals of JPGs in compliance with cylinders. Note that since the amounts of Division 2.2 refrigerant gases the HMR. Applications that are publication of the NPRM, PHMSA has or anhydrous ammonia contained in prepared and submitted using the made minor editorial revisions to this non-specification pressure vessels that standard are processed by PHMSA with section such as revising § 171.23(a)(3) to are components of refrigeration systems. minimal delay and without the need for refer to 6.2.2. of the ADR instead of 6.2. PHMSA is revising paragraph (b) to expensive and time-consuming testing. • PHMSA also removed the word indefinitely allow the use of APA Standards: 87–1A Standard ‘‘import’’ from § 171.23(a)(3)(i) and refrigeration systems placed into service for the Construction, Classification, ‘‘export’’ from § 171.23(a)(3)(ii). prior to June 1, 1991 under specified Approval and Transportation of conditions. Consumer Fireworks, January 1, 2018 6. Section 172.101 edition into §§ 107.402(d), 173.59, 10. Section 173.28 The HMT is contained in § 172.101. 173.64, 173.65, and Appendix A to Part The HMT lists alphabetically, by proper 107, Subpart D (Guidelines for Civil Section 173.28 outlines the shipping name, those materials that Penalties); 87–1B Standard for the requirements for the reuse, have been designated hazardous Construction, Classification, Approval, reconditioning, and re-manufacture of materials for transportation purpose. It and Transportation of Display packagings. In this final rule, PHMSA is provides information used on shipping Fireworks, January 1, 2018 edition into modifying language in § 173.28(c)(1)(i) papers, package marking, and labeling, § 173.64 and Appendix C to Part 107, to clarify requirements for as well as other pertinent shipping Subpart D (Guidelines for Civil reconditioning metal drums and to information for hazardous materials. In Penalties); and 87–1C Standard for the allow for the sufficient removal of this final rule, PHMSA is removing Construction, Classification, Approval, external coatings to ensure there is no references to special provision 103 from and Transportation of Entertainment adverse effect on transportation safety. Column (7) of the HMT for the following Industry and Technical (EI&T) four explosive entries: ‘‘UN0361, 11. Section 173.31 Pyrotechnics, January 1, 2018 edition Detonator assemblies, non-electric, for version into § 173.64 and Appendix A to Section 173.31 outlines the blasting’’; ‘‘UN0365, Detonators for Part 107, Subpart D (Guidelines for Civil requirements for shipping hazardous ammunition’’; ‘‘UN0255, Detonators, Penalties). APA Standard 87–1A, B, and materials in tank cars. In this final rule, electric, for blasting’’; and ‘‘UN0267, C is a consensus standard in which PHMSA is prohibiting the use of tank Detonators, non-electric, for blasting.’’ fireworks classifications are assigned cars that were manufactured using non- PHMSA is also revising more than 100 based upon the weight and type of normalized steel for head or shell entries to harmonize the limited chemical composition contained for construction for the transportation of quantity exceptions in Column (8A) each specific type of device, including PIH materials after December 31, 2020. with the ICAO Technical Instructions specific permissible and restricted Furthermore, PHMSA is phasing out all and the UN Model Regulations. chemicals. non-HM–246 compliant tank cars for the 7. Section 172.102 transportation of PIH materials by 4. Section 171.8 December 31, 2027. Section 171.8 defines terms generally Section 172.102 lists special used throughout the HMR that have provisions applicable to the 12. Section 173.56 broad or multi-modal applicability. transportation of specific hazardous Section 173.56 outlines the PHMSA is adding a definition for materials. Special provisions contain definitions and procedures for the ‘‘waste material’’ to allow wastes that do packaging requirements, prohibitions, classification and approval of a new not meet the EPA/RCRA definition of and exceptions applicable to particular explosive. In this final rule, PHMSA is hazardous waste to be managed in quantities or forms of hazardous adding a reference to the new § 173.67, accordance with the lab pack exception materials. Consistent with the § 172.101 which would apply to exceptions for and associated paragraphs in § 171.23. Column (7) revisions to ‘‘UN0361, Detonator assemblies, non-electric, for Division 1.1 JPGs. 5. Section 171.23 blasting’’; ‘‘UN0365, Detonators for 13. Section 173.59 Section 171.23 covers the ammunition’’; ‘‘UN0255, Detonators, requirements for specific materials and electric, for blasting’’; and ‘‘UN0267, Section 173.59 outlines the packagings transported under the ICAO Detonators, non-electric, for blasting,’’ description of terms for explosives. In Technical Instructions, IMDG Code, TC PHMSA is removing special provision this final rule, PHMSA is updating a Transport of Dangerous Goods (TDG) 103 as it would no longer apply to any reference to the APA documents in the Regulations, or the International Atomic HMT entry. definition of consumer fireworks.

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14. Section 173.64 deleting § 173.308(d)(3), which requires rule, PHMSA is modifying Section 173.64 outlines the a closed transport vehicle or closed § 180.209(l)(2) to reference § 171.23(a)(5) exceptions for Division 1.3 and 1.4 freight container being transported by in lieu of paragraph (4). vessel to contain the marking, fireworks. In this final rule, PHMSA is 27. Section 180.213 ‘‘WARNING—MAY CONTAIN updating a reference to the APA Section 180.213 specifies documents in § 173.64(a)(1) and (3). EXPLOSIVE MIXTURES WITH AIR— KEEP IGNITION SOURCES AWAY requirements for requalification 15. Section 173.65 WHEN OPENING.’’ markings. In this final rule, PHMSA is modifying § 180.213(d)(2) to reference Section 173.65 outlines the 22. Section 173.314 exceptions for Division 1.4G consumer § 171.23(a)(5) in lieu of paragraph (4). fireworks. In this final rule, PHMSA is Section 173.314 outlines the 28. Section 180.417 updating a reference to the APA requirements for transporting compressed gases in tank cars and Section 180.417 prescribes the documents in § 173.65(a)(1), (a)(3)(i), reporting and record retention and (a)(4)(iv). multi-unit tank cars. In this final rule, PHMSA is modifying the table in requirements pertaining to cargo tanks. 16. Section 173.67 § 173.314(c), which lists the authorized Currently, §§ 180.417(a)(3)(i) and (ii) allow the use of alternative reports In this final rule, PHMSA is adding a tank car specifications for specific when a manufacturer’s certificate and new § 173.67 to outline exceptions for compressed gases. The changes replace related papers are not available for DOT Division 1.1 JPGs. the last specification delimiter ‘‘J’’ with ‘‘H’’ and ‘‘I’’ with ‘‘W’’ to reflect the specification cargo tanks that were 17. Section 173.151 change of the interim HM–246 tank car manufactured before September 1, 1995. Section 173.151 outlines exceptions specification standard for PIH materials In this final rule, PHMSA is removing for Class 4 materials. In this final rule, to a permanent standard. the provision that limits use of PHMSA is revising the limited alternative reports to those DOT 23. Section 178.35 quantities provisions in this section to specification cargo tanks ‘‘manufactured present limited quantities in appropriate Section 178.35 prescribes the before September 1, 1995’’ from SI units in liters in addition to manufacturing and testing specifications § 180.417(a)(3). kilograms. for cylinders used for the transportation VI. Regulatory Analyses and Notices of hazardous materials in commerce. In 18. Section 173.244 this final rule, PHMSA is modifying A. Statutory/Legal Authority for This Section 173.244 outlines the § 178.35(b) and (c) to clarify inspection Rulemaking requirements for bulk packaging for requirements as stipulated in CGA C– This rulemaking is published under certain pyrophoric liquids, dangerous 11. This includes revision to the the authority of Federal hazardous when wet (Division 4.3) materials, and inspector duties as consistent with CGA materials transportation law 36 (Federal poisonous liquids with inhalation C–11. hazmat law.). Section 5103(b) of the hazards (Division 6.1). In this final rule, Federal hazmat law authorizes the 24. Section 178.521 PHMSA is modifying the list of Secretary of Transportation to authorized tank car specifications in the Section 178.521 prescribes the ‘‘prescribe regulations for the safe table of PIH materials (§ 173.244(a)(2)) requirements for paper bags used as transportation, including security, of by replacing the delimiter ‘‘I’’ with ‘‘W’’ non-bulk packagings for hazardous hazardous materials in intrastate, to reflect the change of the interim tank materials. In this final rule, PHMSA is interstate, and foreign commerce.’’ The car standard to a permanent standard. revising § 178.521(b)(4) to allow for a Secretary’s authority regarding weight tolerance of ±10 percent from the hazardous materials safety is delegated 19. Section 173.302 nominal basis weight reported in the to PHMSA at 49 CFR 1.97. This Section 173.302 outlines the initial design qualification test report rulemaking amends several sections of requirements for the filling of cylinders instead of ±5 percent. the HMR in response to petitions for with nonliquefied (permanent) rulemaking received from the regulated 25. Section 179.22 compressed gases or adsorbed gases. In community. this final rule, PHMSA is revising Section 179.22 specifies additional B. Executive Order 12866 and DOT § 173.302(a)(1) to refer to exceptions in marking requirements for tank cars. In Regulatory Policies and Procedures § 171.23(a)(3) for the importation of pi- this final rule, PHMSA is modifying marked cylinders. PHMSA is also § 179.22(e) to provide for new markings This final rule is not considered a revising § 173.302(a)(2) to make for tank cars manufactured after March significant regulatory action under adsorbed gases eligible for the 16, 2009, to meet the requirements of section 3(f) of E.O. 12866, ‘‘Regulatory exceptions provided in § 171.23(a)(3). §§ 173.244(a)(2) or (3) or 173.314(c) or Planning and Review’’ 37 and, therefore, (d) to reflect the change of the interim was not formally reviewed by the Office 20. Section 173.304 tank car standard to a permanent of Management and Budget (OMB). This Section 173.304 outlines the standard. PHMSA is replacing ‘‘I’’ with rulemaking is also not considered a requirements for the filling of cylinders ‘‘W’’ for cars manufactured before the significant rulemaking under the DOT with liquefied compressed gases. In this effective date of this final rule and regulations governing rulemaking final rule, PHMSA is revising specifying that tank cars manufactured procedures at 49 CFR part 5, subpart B. § 173.304(a) to refer to exceptions in after the effective date will be marked E.O. 12866 requires agencies to regulate § 171.23(a)(3) for the importation of pi- with ‘‘W’’ following the test pressure in the ‘‘most cost-effective manner,’’ to marked cylinders. and with a delimiter of ‘‘H.’’ make a ‘‘reasoned determination that the benefits of the intended regulation 21. Section 173.308 26. Section 180.209 justify its costs,’’ and to develop Section 173.308 outlines the Section 180.209 specifies requirements for the shipment of requirements for requalification of 36 49 U.S.C. 5101 et seq. lighters. In this final rule, PHMSA is specification cylinders. In this final 37 58 FR 51735 (Oct. 4, 1993).

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regulations that ‘‘impose the least Act. Therefore, in the NPRM, PHMSA hazardous materials while producing a burden on society.’’ Similarly, DOT sought public comment on its proposed net cost savings. PHMSA estimates a regulations at § 5.5(f)–(g) require that revisions to the HMR, the preliminary present value of quantified net cost regulations issued by PHMSA and other cost and cost savings analyses in the savings of approximately $0.72 million DOT Operating Administrations Preliminary RIA, as well as any annualized at a 7 percent discount rate ‘‘should be designed to minimize information that could assist in over a perpetual time horizon. These burdens and reduce barriers to market quantifying the benefits of this estimates do not include non-monetized entry whenever possible, consistent rulemaking. Those comments are and qualitative cost/cost savings with the effective promotion of safety’’ addressed in this final rule, and discussed in the RIA. and should generally ‘‘not be issued additional discussion about the unless their benefits are expected to economic impacts of the final rule are PHMSA’s cost/cost savings analysis exceed their costs.’’ provided within the RIA posted in the relies on the monetization of impacts for In addition, E.O. 12866 and DOT docket. three petitions included in this implementing regulations at 49 CFR In this final rule, PHMSA is rulemaking. The following table 5.5(i) require PHMSA to provide a introducing amendments to the HMR presents a summary of the three meaningful opportunity for public responding to 24 petitions that have petitions that would have monetized participation, which also reinforces been submitted by stakeholders. impacts upon codification and requirements for notice and comment Overall, this rulemaking maintains the contribute to PHMSA’s estimation of under the Administrative Procedure continued safe transportation of quantified net cost savings.

TABLE 1—SUMMARY OF COST/COST SAVINGS OF PETITIONS FOR REGULATORY REFORM

Monetized costs/(cost savings) by petition Total cost Annualized Petition # Petition topic savings cost savings (millions) (millions)

P–1688 ...... Weight Tolerances for Paper Shipping Sacks ...... $1.30 $0.09 P–1710 ...... Incorporation of an Institute of Makers of Explosives Standard ...... 5.10 0.36 P–1711 ...... Incorporation of American Pyrotechnics Association Standard ...... 3.90 0.27

Total ...... 10.30 0.72

In addition to those three items, this published in the Federal Register. 40 hazardous materials and requirements rulemaking amends the HMR in E.O. 13132 requires agencies to assure related to the number, contents, and response to other petitions that are meaningful and timely input by State placement of those documents; either (1) cost neutral or (2) deregulatory and local officials in the development of (4) The written notification, in nature in that they provide relief from regulatory policies that may have recording, and reporting of the unnecessary requirements or provide ‘‘substantial direct effects on the States, unintentional release in transportation additional flexibility, but which have on the relationship between the national of hazardous material; and not been monetized due to information government and the States, or on the (5) The design, manufacture, gaps preventing quantification of cost distribution of power and fabrication, marking, maintenance, savings. Furthermore, PHMSA’s actions responsibilities among the various recondition, repair, or testing of a in this final rule provide regulatory levels of government.’’ This rulemaking packaging or container represented, certainty to industry and allow efficient may preempt State, local, and Tribal marked, certified, or sold as qualified movement of hazardous materials requirements, but does not propose any for use in transporting hazardous resulting in increased economic activity. regulation that has substantial direct material. PHMSA’s findings are described in effects on the States, the relationship This final rule addresses covered further detail in the RIA posted in the between the national government and certain of the subject items above and docket. the States, or the distribution of power preempts State, local, and Indian Tribe and responsibilities among the various requirements concerning those subjects C. Executive Order 13771 levels of government. Therefore, the unless the non-Federal requirements are This final rule is a deregulatory action consultation and funding requirements ‘‘substantively the same’’ as the Federal under E.O. 13771, ‘‘Reducing Regulation of E.O. 13132 do not apply. requirements. PHMSA received no and Controlling Regulatory Costs.’’ 38 The Federal hazmat law contains an comments on the NPRM regarding the Details on the estimated cost savings of express preemption provision, 49 U.S.C. effect of the adoption of the specific this final rule can be found in the RIA 5125(b), that preempts State, local, and proposals on State, local or tribal posted in the docket. Indian Tribal requirements on the governments. following subjects: D. Executive Order 13132 E. Executive Order 13175 (1) The designation, description, and This rulemaking was analyzed in classification of hazardous materials; This rulemaking was analyzed in accordance with the principles and (2) The packing, repacking, handling, accordance with the principles and criteria contained in E.O. 13132, labeling, marking, and placarding of criteria contained in E.O. 13175, ‘‘Federalism’’, 39 and the presidential hazardous materials; ‘‘Consultation and Coordination with memorandum (‘‘Preemption’’) that was (3) The preparation, execution, and Indian Tribal Governments’’ 41 and DOT use of shipping documents related to Order 5301.1, ‘‘Department of 38 82 FR 9339 (Jan. 30, 2017). 39 64 FR 43255 (Aug. 10, 1999). 40 74 FR 24693 (May 22, 2009). 41 65 FR 67249 (Nov. 6, 2000).

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Transportation Policies, Programs, and Consideration of Small Entities in and therefore has introduced no changes Procedures Affecting American Indians, Agency Rulemaking,’’ 43 and DOT to this final rule in response. Alaska Natives, and Tribes.’’ E.O. 13175 implementing regulations at 49 CFR 4. An estimate of the number of small requires agencies to assure meaningful 5.13(f) to ensure compliance with the entities to which the rule will apply or and timely input from Tribal Regulatory Flexibility Act requirements an explanation of why no such estimate government representatives in the regarding evaluation of potential is available. development of rules that significantly impacts of draft rules on small entities. This final rule affects numerous small or uniquely affect Tribal communities 1. Need for and objectives of the final entities across a wide range of by imposing ‘‘substantial direct rule. industries. However, quantified impacts compliance costs’’ or ‘‘substantial direct This final rule amends miscellaneous on entities, large or small, could only be effects’’ on such communities or the provisions in the HMR in response to 24 assessed for a few of the changes relationship and distribution of power petitions for rulemaking. While between the Federal Government and maintaining safety, this final rule would incorporated in this final rule due to Tribes. PHMSA assessed the impact of amend certain requirements that are data limitations. These impacts are the rulemaking on Indian Tribal overly burdensome and provide clarity explained, discussed and assessed in communities and determined that it and flexibility where requested by the the accompanying RIA. For the would not significantly or uniquely regulated community. The changes are purposes of identifying affected small affect Tribal communities or Indian generally intended to provide relief to entities, PHMSA focused on the Tribal governments. Therefore, the shippers, carriers, and packaging industries for which quantified impacts funding and consultation requirements manufacturers, including small entities. could be estimated. PHMSA assumes of E.O. 13175 do not apply. Further, 2. Significant issues raised by the that any change that did not draw PHMSA did not receive comments on public comments, a statement of the comment from the industry and could the Tribal implications of the assessment by PHMSA regarding such not be quantified is unlikely to have a rulemaking. issues, and a statement of any changes significant economic or other impact on made in the proposed rule as a result of small entities. PHMSA therefore limits F. Regulatory Flexibility Act, Executive such comments. the discussion here to the three items Order 13272, and DOT Procedures and PHMSA did not receive any public for which impacts could be quantified: Policies comments suggesting that the proposed (1) The adoption of petition P–1688 The Regulatory Flexibility Act 42 amendments would have a significant adopting a wider range of basis weight requires agencies to consider whether impact on small entities. Please refer to for the paper stock used to manufacture their rulemakings will have a Section IV. (Discussion of Amendments UN specification paper sacks; (2) P– ‘‘significant economic impact on a and Applicable Comments) above and 1710 adopting a new AESC/IME substantial number of small entities’’ to the RIA for PHMSA’s responses to standard for JPGs; and (3) P–1711 include small businesses, not-for-profit comments submitted in the rulemaking incorporating by reference an updated organizations that are independently docket. APA Standard 87–1 pertaining to owned and operated and are not 3. PHMSA’s response to any fireworks. dominant in their fields, and comments of the Chief Counsel for The table below presents the U.S. governmental jurisdictions with Advocacy of the Small Business Census Bureau Statistics of U.S. populations under 50,000. This Association (SBA). Businesses (SUBS) revenue data for rulemaking has been developed in PHMSA received no comments filed each relevant NAICS Code that could be accordance with E.O. 13272, ‘‘Proper by the SBA in response to the NPRM, affected by incorporating P–1688.

Total firm Firm size Number of revenue in NAICS Industry title category firms in category category ($1,000s)

322220 ...... Paper Bag and Coated and Treated Paper Manufacturing ... Total 575 20,836,474 322220 ...... Paper Bag and Coated and Treated Paper Manufacturing ... < 500 511 7,225,805 322220 ...... Paper Bag and Coated and Treated Paper Manufacturing ... 500+ 64 13,610,669

Depending on the industrial sector, identify how many firms within the The second industry to consider is the SBA defines small entities either by larger NAICS manufacture both associated with petition P–1710 and a revenue threshold or by the number of shipping sacks and feed stock for affects manufacturers of JPGs. As employees. As identified in the shipping sacks, much less identify the described in the RIA, there are five accompanying RIA, the entities affected number of small entities. Neither can NAICS sectors that manufacture, operate by the adoption of petition P–1688 are PHMSA estimate the revenues for those or contract JPG services. These sectors in North American Industrial small entities with any degree of include: Classification System (NAICS) code certainty. As noted in the RIA, the high- • NAICS Code 325920, Explosives 322220—Paper Bag and Coated and end cost savings estimate is roughly Manufacturing Treated Paper Products Manufacturing. $160,000 in cost savings per year. • NAICS Code 213111, Drilling Oil and Firms in this NAICS sector manufacture PHMSA does not believe these modest Gas Wells a wide range of products, of which only cost savings, spread among all affected a small subset are shipping sacks or manufacturers, would rise to the level of • NAICS Code 213112, Support shipping sack feed stock. Data are not a significant impact for affected small Activities for Oil and Gas Operations available that would enable PHMSA to entities.

42 65 FR 67249 (Nov. 6, 2000). 43 67 FR 53461 (Aug. 16, 2002).

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• NAICS Code 333132, Oil and Gas operations may use JPGs they are and Equipment Manufacturing, and Field Machinery and Equipment unlikely to manufacture them. PHMSA looking at the Census Bureau SUBS Manufacturing therefore uses NAICS codes 325920 and tables, for this NAICS, it seems likely • NAICS Code 423830, Industrial 333132 to identify the entities most that virtually all firms in this industry Machinery and Equipment Merchant likely to be affected by the cost savings qualify as small businesses. The average Wholesalers associated with the changes associated number of employees per firm with 500 with adoption of this petition. The small employees or more is essentially 500 The RIA quantifies impacts related to business size threshold for NAICS employees, indicating that even the elimination of testing requirements. The 325920—Explosives Manufacturing—is largest firms in this industry are not entities most directly impacted by this fewer than 750 employees. For NAICS much larger than 500 employees. Given elimination are manufacturers of JPGs. 333132 the threshold for a small that the threshold is more than double While the firms involved in drilling business is fewer than 1,250 employees. 500 employees, it seems reasonable to wells, and equipment wholesalers, and Given the size threshold for NAICS assume that essentially all firms in this support activities for oil and gas 333132—Oil and Gas Field Machinery industry fall under the SBA threshold.

Total firm Firm size Number of revenue in NAICS Industry title category firms in category category ($1,000s)

325920 ...... Explosives Manufacturing ...... Total 52 2,382,540 325920 ...... Explosives Manufacturing ...... < 500 37 560,068 325920 ...... Explosives Manufacturing ...... 500+ 15 1,822,472

Total firm Firm size Number of revenue in NAICS Industry title category firms in category category ($1,000s)

333132 ...... Oil and Gas Field Machinery and Equipment Manufacturing Total 502 12,526,389 333132 ...... Oil and Gas Field Machinery and Equipment Manufacturing < 500 456 4,285,830 333132 ...... Oil and Gas Field Machinery and Equipment Manufacturing 500+ 46 8,240,559

The other NAICS under consideration not believe that the cost savings would reduce testing costs by roughly $270,000 (Explosives Manufacturing) has a amount to a significant impact on small per year. Such a reduction in costs threshold of 750 employees. 15 of the 52 entities, as estimated cost savings would would be to the benefit of the fireworks firms in this sector have more than 500 be $360,000 split among all industry, and PHMSA does not interpret employees. Again, it appears likely that manufacturers of JPGs. these cost savings to be significant. the larger firms are clustered nearer the PHMSA concludes by evaluating the As described in the RIA, virtually all 500-employee threshold and hence last provision of this final rule for which consumer fireworks, and roughly 75 would qualify as small businesses given it has quantified the economic impacts: percent of display fireworks, are a threshold of 750 employees. That element responding to petition P– manufactured in China. The RIA Both industrial sectors manufacture a 1711 by incorporating an updated describes the U.S. fireworks industry as wide range of products: Explosives edition of APA Standard 87–1 by having about $1.2 billion in revenue, of range from munitions, to fireworks, reference. This provision is the only which consumer fireworks revenues demolitions explosives, etc. JPGs make element of the NPRM that drew adverse account for about $885 million and up a small fraction of the product comments. These adverse comments are display fireworks account for the output for these firms. Similarly, there addressed above in the preamble. To remaining $353 million. is a wide range of drilling and other summarize PHMSA’s response, the Fireworks manufacturers fall into a equipment manufactured for oil and gas items that drew the most concern miscellaneous NAICS code—NAICS exploration, of which JPGs make up a appear to be unchanged from the 325998—All Other Miscellaneous small fraction. Given the nature of the existing regulatory requirements. Insofar Chemical Product and Preparation data available from the Census Bureau as that is the case, the negative Manufacturing. Fireworks or other sources, PHMSA is unable to consequences for small entities alleged manufacturing makes up a small identify the number of firms in either of by the comments on the NPRM do not fraction of the economic activity in this these broader industrial sectors that result from adoption of the updated industry, which has a total revenue of manufacture JPGs, much less those that APA Standard 87–1. roughly $22 billion according to the would qualify as small entities. Nor PHMSA did quantify some cost Census Bureau SUBS data. The SBA could PHMSA identify revenues for savings related to testing fireworks size threshold for this industry is 500 small entities for use in making a associated with adoption of the updated employees: Firms with fewer than 500 significance determination with any APA Standard 87–1. These cost savings employees are defined as small entities degree of certainty. Although PHMSA result from reducing UN series 5 and 6 and those with 500 or more employees cannot determine the number of JPG testing requirements for certain classes are not defined as small entities. The manufacturers or their revenues with of fireworks. As described in the RIA, table below presents the relevant SUBS any degree of specificity, PHMSA does PHMSA estimated that this change may data for this NAICS code.

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Total firm Firm size Number of revenue in NAICS Industry title category firms in category category ($1,000s)

325998 ...... All Other Miscellaneous Chemical Product and Preparation Total 1,064 21,932,497 Manufacturing. 325998 ...... All Other Miscellaneous Chemical Product and Preparation < 500 974 8,690,809 Manufacturing. 325998 ...... All Other Miscellaneous Chemical Product and Preparation 500+ 90 13,241,688 Manufacturing.

As with other sectors assessed in this or incorporate by reference technical H. Regulation Identifier Number (RIN) section, PHMSA cannot estimate the specifications or industry standards—do A regulation identifier number (RIN) number of entities within the broader not accommodate different regulatory is assigned to each regulatory action NAICS category that manufacture approaches based on whether the entity listed in the Unified Agenda of Federal fireworks. The NAICS category in is small entity or not. Further, as Regulatory and Deregulatory Actions question contains firms that explained at length in Section IV. (Unified Agenda). The Regulatory manufacture a wide range of products, (Discussion of Amendments and Information Service Center publishes only one small subset of which are Applicable Comments) of this final rule, the Unified Agenda in April and fireworks. Given the lack of data with the HMR amendments introduced in October of each year. The RIN contained more detailed specificity, PHMSA this final rule are generally deregulatory in the heading of this final rule can be cannot identify firms that manufacture in nature and intended to provide used to cross-reference this action with fireworks, much less identify small reduce regulatory burdens on small the Unified Agenda. entities that manufacture fireworks, or entities and other members of the I. Unfunded Mandates Reform Act estimate revenue for those small regulated community. entities. Given the relatively modest 7. Conclusion. The Unfunded Mandates Reform Act estimate of $270,000 in annual cost (UMRA) 45 requires agencies to prepare savings, and that those savings would be The changes in this final rule are a written assessment of the costs, split among multiple firms, PHMSA generally intended to provide relief to benefits, and other effects of proposed does not expect the impacts to be shippers, carriers, and packaging or final rules that include a Federal significant. manufactures and testers, including mandate likely to result in the 5. A description of the projected small entities. As discussed above, a expenditure by State, local, or Tribal reporting, recordkeeping and other shortage of pertinent data prevents governments, in the aggregate, or by the compliance requirements of the rule, PHMSA from quantifying economic private sector, of $100 million or more including an estimate of the classes of impacts on small entities potentially annually, adjusted for inflation. A small entities which will be subject to affected by most of the HMR Federal mandate is defined, in part, as the requirement and the type of amendments introduced in this final a regulation that imposes an enforceable professional skills necessary for rule. However, PHMSA has developed duty upon State, local, or Tribal preparation of the report or record. estimates for the numbers of small governments or would reduce or There are no reporting or businesses that may be affected by the eliminate the amount of authorization of recordkeeping requirements under the HMR revisions introduced in this final appropriation for Federal financial ‘‘Paperwork Reduction Act’’ associated rule for which PHMSA has provided assistance that would be provided to with this final rule. quantified cost benefits. For those HMR State, local, or Tribal governments for 6. Alternative proposals for small amendments, PHMSA has compared the purpose of complying with a entities. cost savings impacts to average small previous Federal mandate. The Regulatory Flexibility Act directs entity annual revenue and in none of This final rule does not impose agencies to establish exceptions and those cases does an impact rise to even unfunded mandates under the UMRA. It differing compliance standards for small 1 percent of average small entity does not result in costs of $100 million entities, where it is possible to do so revenue, and in all cases the impacts or more, adjusted for inflation, to either and still meet the objectives of the reduce costs for the entities affected. State, local, or tribal governments, in the applicable regulatory statutes. Therefore, PHMSA determines that this aggregate, or to the private sector in any To the extent that PHMSA received final rule will not have a significant one year, and is the least burdensome adverse comments, they were not economic impact on a substantial alternative that achieves the objective of targeted at alleviating burdens on small number of small entities. the rule. entities. While PHMSA may consider guidance to the extent that it is G. Paperwork Reduction Act J. Environmental Assessment necessary to help clarify responsibilities The National Environmental Policy for small entities, PHMSA does not PHMSA has analyzed this final rule in Act of 1969 (NEPA) 46 requires Federal expect that establishing exceptions to accordance with the Paperwork agencies to consider the consequences 44 the HMR amendments in this final rule Reduction Act of 1995. This final rule of major Federal actions and prepare a or alternative requirements for small does not impose new information detailed statement on actions entities to address potential concerns collection requirements. PHMSA did significantly affecting the quality of the about the impact on small entities not receive any comments regarding human environment. The Council on would accomplish the safety objectives information collection activities under Environmental Quality (CEQ) of Federal hazmat law. Moreover, many this final rule. of the HMR amendments introduced in 45 2 U.S.C. 1501 et seq. this final rule—insofar as they relate to 44 44 U.S.C. 3501 et seq. 46 42 U.S.C. 4321 et seq.

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implementing regulations (40 CFR part 3. Environmental Impacts Nor, moreover, would the No Action 1500–1508) require Federal agencies to Hazardous materials are substances Alternative provide meaningful safety conduct an environmental review that may pose a threat to public safety benefits in declining to adopt HMR considering (1) the need for the action, or the environment during revisions in this final rule affording (2) a description of the action and transportation because of their physical, regulated entities greater flexibility in alternatives, (3) probable environmental chemical, or nuclear properties. Under complying with HMR requirements. As impacts of the action and alternatives, the HMR, hazardous materials are explained in greater detail in Section IV. and (4) comments from the public and transported by aircraft, vessel, rail, and (Discussion of Amendments and the agencies and persons consulted highway. The HMR embodies a risk Applicable Comments) PHMSA does during the consideration process. DOT management approach that is not expect those flexibility-affording Order 5610.1C, ‘‘Procedures for prevention-oriented and focused on HMR amendments in the final rule Considering Environmental Impacts,’’ identifying a safety hazard and reducing (including, but not limited to, extension establishes departmental procedures for the probability and quantity of a of regulatory exceptions to additional evaluation of environmental impacts hazardous material release. The commodities; relaxation of labelling under NEPA and its implementing potential for environmental damage or requirements or cleaning requirements) regulations. contamination exists when packages of to adversely affect safety. Further, the PHMSA has completed its NEPA hazardous materials are involved in regulatory flexibilities foregone in the analysis. Based on the environmental accidents or en route incidents resulting No Action Alternative do not exist in assessment herein, PHMSA determined from cargo shifts, valve failures, package isolation: Rather, they are each that an environmental impact statement failures, loading, unloading, collisions, backstopped by the robust, proven is not required for this final rule because handling problems, or deliberate safety framework provided by other the HMR amendments introduced will sabotage. The release of hazardous HMR requirements governing the not result in a significant environmental materials can cause the loss of transportation of hazardous materials. impact requiring the preparation of an ecological resources (e.g., wildlife environmental impact statement. habitats) and the contamination of air, Alternative 2: Go Forward With the PHMSA notes that it received no aquatic environments, and soil. Proposed Amendments to the HMR in comments from the public on the NEPA Contamination of soil can lead to the This Final Rule analysis within the NPRM. contamination of ground water. Compliance with the HMR substantially PHMSA selected the Final Rule 1. Need for the Action reduces the possibility of accidental Alternative as the preferred alternative. The Final Rule Alternative updates, PHMSA is amending the HMR in release of hazardous materials, thereby clarifies, or provides relief from a response to petitions for rulemaking minimizing the potential a significant submitted by the regulated community impact on public health and the variety of HMR regulatory requirements. to update, clarify, or provide relief from environment. As explained at greater length in Section IV (Discussion of Amendments and miscellaneous regulatory requirements. Alternative 1: No Action PHMSA expects that the HMR revisions Applicable Comments) of this final rule If PHMSA were to select the No in this final rule will provide cost and the above discussion of the No Action Alternative, current regulations benefits to the regulated community Action Alternative, PHMSA expects the would remain in place. However, without adversely affecting safety. Final Rule Alternative will realize cost efficiencies gained through PHMSA has provided a brief summary benefits from providing greater harmonization of HMR provisions with of each of those HMR revisions, compliance flexibility for regulated international (UN, ICAO, IMDG, and entities without adversely affecting including their impact on safety, in EU) and consensus standards (AAR, Section IV (Discussion of Amendments safety. Further, PHMSA expects cost APA, ASME, CGA, IME) for domestic and safety benefits from harmonizing and Applicable Comments) of this final U.S. industry would not be realized, rule. HMR requirements with international thereby foregoing cost and safety and domestic U.S. industry standards 2. Alternatives benefits identified in Section IV. can also promote safety, thereby (Discussion of Amendments and minimizing the risk of environmental In this rulemaking, PHMSA Applicable Comments) of this final rule. impacts from the release of hazardous considered the following alternatives: Consistency between HMR requirements materials to the environment during and international regulations and Alternative 1: No Action shipment. For example, the Final Rule updated industry standards can promote Alternative’s regulatory phase out of The No Action Alternative would not the safety of international hazardous legacy-specification PIH tank cars proceed with a rulemaking on any of the materials transportation through a better previously-accepted petitions for understanding of HMR requirements, an consistent with industry (AAR) rulemaking submitted by stakeholders. increased level of industry compliance, consensus standards and contractual In the No Action Alternative, current and fewer disruptions in transport of practices (e.g., interchange rules) HMR provisions would remain in effect. hazardous materials from their points of permanently locks-in the safety benefits origin to their points of destination. associated with a more robust tank car Alternative 2: Amend the HMR as design for transporting PIH material. Provided in This Final Rule Each of those consequences promote protection of human health and the The table below summarizes the The Final Rule Alternative would environment; they also result in anticipated environmental impacts from adopt the HMR amendments set forth in decreased compliance costs for each of the elements of the final rule this final rule. regulated entities. alternative:

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SUMMARY OF PROBABLE ENVIRONMENTAL IMPACTS BY AMENDMENTS

Proposed amendment(s) to HMR Environmental (lettered as above herein) Type of amendment(s) impact(s) anticipated

A. Phase-Out of Non-Normalized Tank Cars Used to Transport PIH material ... Regulatory Flexibility ...... No adverse impacts. B. Limited Quantity Shipments of Hydrogen Peroxide ...... Regulatory Flexibility—Harmonization No adverse impacts. C. Markings on Portable Tanks ...... Regulatory Flexibility ...... No adverse impacts. D. Reconditioning of Metal Drums ...... Regulatory Flexibility ...... No adverse impacts. E. Limited Quantity Harmonization ...... Regulatory Flexibility—Harmonization No adverse impacts. F. Mobile Refrigeration Units ...... Regulatory Flexibility ...... No adverse impacts. G. Incorporation by Reference of CGA Standards ...... Standard Incorporation ...... No adverse impacts. H. Special Provision for Explosives ...... Regulatory Flexibility ...... No adverse impacts. I. Cargo Tank Reports ...... Regulatory Flexibility ...... No adverse impacts. J. Weight Tolerances for Paper Shipping Sacks ...... Regulatory Flexibility ...... No adverse impacts. K. Markings on Closed Transport Containers ...... Regulatory Flexibility ...... No adverse impacts. L. Finalization of the HM–246 Tank Car Standard ...... Regulatory Flexibility ...... No adverse impacts. M. Phase-out of non-HM–246 Tank Cars ...... Harmonization ...... No adverse impacts. O. Allow Non-RCRA Waste to Use Lab Pack Exception ...... Regulatory Flexibility ...... No adverse impacts. P. Incorporation of ASME Code Sections II, V, VIII, and IX ...... Standard Incorporation ...... No adverse impacts. Q. Import of Foreign Pi-Marked Cylinders ...... Regulatory Flexibility—Harmonization No adverse impacts. R. Placement of the word ‘‘stabilized’’ in shipping description ...... Regulatory Flexibility ...... No adverse impacts. S. Incorporation of an IME Standard ...... Standard Incorporation ...... No adverse impacts. T. Incorporation of APA Standard ...... Standard Incorporation ...... No adverse impacts.

4. Agencies consulted www.regulations.gov, as described in that meet this objective. The statute also PHMSA expects this final rule would the system of records notice (DOT/ALL– requires consideration of international affect hazardous materials shippers and 14 FDMS), which can be reviewed at standards and, where appropriate, that carriers by highway, rail, vessel, and http://www.dot.gov/privacy. they be the basis for U.S. standards. aircraft, as well as package L. Executive Order 13609 and PHMSA participates in the manufacturers and testers. PHMSA International Trade Analysis establishment of international standards to protect the safety of the American sought therefore sought comment from Under E.O. 13609, ‘‘Promoting the following Federal Agencies and public. PHMSA has assessed the effects International Regulatory of the rulemaking to ensure that it does modal partners: Cooperation,’’ 47 agencies must consider • not cause unnecessary obstacles to Federal Aviation Administration whether the impacts associated with • foreign trade. As explained in greater Federal Motor Carrier Safety significant variations between domestic Administration detail in Section IV. (Discussion of • and international regulatory approaches Amendments and Applicable Federal Railroad Administration are unnecessary or may impair the • U.S. Coast Guard Comments) of the preamble to this final ability of American business to export rule, several of the HMR amendments PHMSA did not receive any adverse and compete internationally. In meeting comments on the amendments in this introduced in this rulemaking better shared challenges involving health, align U.S. requirements for final rule from these or any other safety, labor, security, environmental, Federal Agencies. transportation of hazardous materials and other issues, international with international (e.g., UN, IMDG) 5. Conclusion regulatory cooperation can identify standards. Further, insofar as those and approaches that are at least as protective other HMR amendments in this final PHMSA finds that no significant as those that are or would be adopted in rule are expected to reduce regulatory environmental impacts will result from the absence of such cooperation. burdens, improve the clarity of HMR this final rule. The revisions in the final International regulatory cooperation can provisions, and afford regulated entities rule are intended to update, clarify, or also reduce, eliminate, or prevent greater flexibility in satisfying HMR provide relief from certain existing HMR unnecessary differences in regulatory requirements, PHMSA expects the final requirements by eliminating requirements. unnecessary regulatory requirements; Similarly, the Trade Agreements Act rule to make a positive contribution to aligning HMR requirements with of 1979,48 as amended by the Uruguay U.S. domestic and international trade. international and industry standards; Round Agreements Act,49 prohibits Accordingly, this final rule is consistent and introducing editorial clarifications Federal agencies from establishing any with E.O. 13609 and PHMSA’s to make HMR requirements easier to standards or engaging in related obligations under the Trade Agreement understand. PHMSA does not expect activities that create unnecessary Act, as amended. those HMR revisions to adversely obstacles to the foreign commerce of the M. Executive Order 13211 impact safety, much less cause a United States. For purposes of these significant environmental impact under requirements, Federal agencies may E.O. 13211, ‘‘Actions Concerning NEPA. participate in the establishment of Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ 50 K. Privacy Act international standards, so long as the standards have a legitimate domestic requires Federal agencies to prepare a In accordance with 5 U.S.C. 553(c), objective, such as providing for safety, Statement of Energy Effects for any DOT solicits comments from the public and do not operate to exclude imports ‘‘significant energy action.’’ Under E.O. to better inform its rulemaking process. 13211, a ‘‘significant energy action’’ is DOT posts these comments, without 47 77 FR 26413 (May 4, 2012). defined as any action by an agency edit, including any personal information 48 Public Law 96–39. the commenter provides, to http:// 49 Public Law 103–465. 50 66 FR 28355 (May 22, 2001).

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(normally published in the Federal are listed in § 171.7. See Section II, 49 CFR Part 179 Register) that promulgates, or is ‘‘Incorporation by Reference Discussion expected to lead to the promulgation of, Under 1 CFR part 51’’ for availability. Hazardous materials transportation, a final rule or regulation (including a Incorporation by reference, Railroad List of Subjects notice of inquiry, ANPRM, and NPRM) safety, Reporting and recordkeeping that: (1)(i) Is a significant regulatory 49 CFR Part 107 requirements. action under E.O. 12866 or any Administrative practice and 49 CFR Part 180 successor order, and (ii) is likely to have procedure, Hazardous materials a significant adverse effect on the transportation, Incorporation by Hazardous materials transportation, supply, distribution, or use of energy; or reference, Packaging and containers, Incorporation by reference, Motor (2) is designated by the Administrator of Penalties, Reporting and recordkeeping carriers, Motor vehicle safety, Packaging the Office of Information and Regulatory requirements. and containers, Railroad safety, Affairs as a significant energy action. Reporting and recordkeeping This final rule is not significant 49 CFR Part 171 requirements. energy action as contemplated by E.O. Exports, Hazardous materials In consideration of the foregoing, 13211. It is neither a ‘‘significant transportation, Hazardous waste, PHMSA amends 49 CFR chapter I as regulatory action’’ under E.O. 12866, Imports, Incorporation by reference, follows: nor expected to have a significant Reporting and recordkeeping adverse effect on the supply, requirements. distribution or use of energy in the PART 107—HAZARDOUS MATERIALS United States. The Administrator of 49 CFR Part 172 PROGRAM PROCEDURES OIRA has not designated the final rule Education, Hazardous materials as a significant energy action. transportation, Hazardous waste, ■ 1. The authority citation for part 107 continues to read as follows: N. National Technology Transfer and Incorporation by reference, Labeling, Advancement Act Markings, Packaging and containers, Authority: 49 U.S.C. 5101–5128, 44701; Reporting and recordkeeping Pub. L. 101–410, Section 4; Pub. L. 104–121, The National Technology Transfer requirements. Sections 212–213; Pub. L. 104–134, Section 51 and Advancement Act of 1995 directs 31001; Pub. L. 114–74, Section 4 (28 U.S.C. Federal agencies to use voluntary 49 CFR Part 173 2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. consensus standards in their regulatory Hazardous materials transportation, 1321. activities unless doing so would be Incorporation by reference, Packaging inconsistent with applicable law or and containers, Radioactive materials, ■ 2. In Appendix A to subpart D of part otherwise impractical. Voluntary Reporting and recordkeeping 107, in the List of Frequently Cited consensus standards are technical requirements, Uranium. Violations, under ‘‘Offeror standards (e.g., specification of Requirements—Specific hazardous materials, test methods, or performance 49 CFR Part 178 materials’’ revise sections B.1 through 7 requirements) that are developed or Hazardous materials transportation, to read as follows: adopted by voluntary consensus Incorporation by reference, Motor Appendix A to Subpart D of Part 107— standards bodies. This final rule vehicle safety, Packaging and Guidelines for Civil Penalties incorporates updates to multiple containers, Reporting and recordkeeping voluntary consensus standards which requirements. * * * * *

Baseline Violation description Section or cite assessment

******* Offeror Requirements—Specific hazardous materials

******* B. Class 1—Explosives: ...... 1. Failure to mark the package with the EX number for each substance contained in the 172.320 ...... $1,000. package or, alternatively, indicate the EX number for each substance in association with the description on the shipping description. 2. Offering an unapproved explosive for transportation: 173.54, 173.56(b) ...... a. Division 1.4 fireworks meeting the chemistry requirements of APA 87–1A or 87– ...... $5,000. 1C. b. Division 1.3 fireworks meeting the chemistry requirements of APA 87–1B ...... $7,500. c. All other explosives (including forbidden) ...... $12,500 and up. 3. Offering an unapproved explosive for transportation that minimally deviates from an 173.54, 173.56(b) ...... approved design in a manner that does not impact safety: a. Division 1.4 ...... $3,000. b. Division 1.3 ...... $4,000. c. All other explosives ...... $6,000. 4. Offering a leaking or damaged package of explosives for transportation: 173.54(c)...... a. Division 1.3 and 1.4 ...... $12,500. b. All other explosives ...... $16,500.

51 15 U.S.C. 272 note.

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Baseline Violation description Section or cite assessment

5. Offering a Class 1 material that is fitted with its own means of ignition or initiation, 173.60(b)(5) ...... $15,000. without providing protection from accidental actuation. 6. Packaging explosives in the same outer packaging with other materials ...... 173.61 ...... $9,300. 7. Transporting a detonator on the same vehicle as incompatible materials using the ap- 177.835(g)(3) ...... $10,000. proved method listed in 177.835(g)(3) without meeting the requirements of IME Stand- ard 22.

*******

* * * * * (3) APA 87–1C: Standard for the Aluminum Compressed Gas Cylinders, ■ 3. In § 107.402, revise paragraph (d) Construction, Classification, Approval, Sixth Edition, copyright 2013 (corrected introductory text to read as follows: and Transportation of Entertainment 4/14/2015), into §§ 180.205; 180.209. Industry and Technical (EI&T) * * * * * § 107.402 Application for designation as a Pyrotechnics, final draft January 1, 2018 certification agency. (6) CGA C–6.3—2013, Standard for (excluding appendices II through IV), Visual Inspection of Low Pressure * * * * * into § 173.64. Aluminum Alloy Compressed Gas (d) Fireworks Certification Agency. (g) The American Society of Cylinders, Third Edition, copyright Prior to reviewing, and certifying Mechanical Engineers (ASME), 150 2013, into §§ 180.205; 180.209. Division 1.4G consumer fireworks Clove Road, Little Falls, NJ 07424–2139, * * * * * (UN0336) for compliance with the APA telephone: 1–800–843–2763, http:// (9) CGA C–11—2013, Practices for 87–1A, excluding appendices II through www.asme.org. VI, (IBR, see § 171.7 of this chapter) as (1) ASME Boiler and Pressure Vessel Inspection of Compressed Gas Cylinders specified in part 173 of this chapter, a Code (ASME Code), 2017 Edition, July at Time of Manufacture, Fifth Edition, person must apply to, and be approved 1, 2017 (as follows), into §§ 172.102; copyright 2013, into § 178.35. by, the Associate Administrator to act as 173.3; 173.5b; 173.24b; 173.306; * * * * * a Fireworks Certification Agency. 173.315; 173.318; 173.420; 178.255–1; (20) CGA S–7—2013, Standard for * * * * * 178.255–2; 178.255–14; 178.255–15; Selecting Pressure Relief Devices for 178.273; 178.274; 178.276; 178.277; Compressed Gas Mixtures in Cylinders, PART 171—GENERAL INFORMATION, 178.320; 178.337–1; 178.337–2; Fifth Edition, copyright 2013, into REGULATIONS, AND DEFINITIONS 178.337–3; 178.337–4; 178.337–6; § 173.301. 178.337–16; 178.337–18; 178.338–1; * * * * * ■ 4. The authority citation for part 171 178.338–2; 178.338–3; 178.338–4; (p) European Union. Rue de la Loi/ continues to read as follows: 178.338–5; 178.338–6; 178.338–13; Wetstraat, 175B–1048 Bruxelles/Brussel Authority: 49 U.S.C. 5101–5128, 44701; 178.338–16; 178.338–18; 178.338–19; Belgique/Belgie¨], https://europa.eu/ Pub. L. 101–410, Section 4; Pub. L. 104–134, 178.345–1; 178.345–2; 178.345–3; european-union/documents- Section 31001; Pub. L. 114–74, Section 4 (28 178.345–4; 178.345–7; 178.345–14; publications_en. U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 178.345–15; 178.346–1; 178.347–1; (1) Directive 2010/35/EU of the ■ 5. In § 171.7; 178.348–1; 179.400–3; 180.407: European Parliament and of the ■ a. Revise paragraphs (f), (g), and (n)(4), (i) ASME BPVC.II.A–2017 (vols. 1 and Council, ‘‘on transportable pressure (6), (9), and (20); 2), Section II—Materials—Part A— equipment and repealing Council ■ b. Add paragraph (p); Ferrous Materials Specifications. Directives 76/767/EEC, 84/525/EEC, 84/ ■ c. Revise paragraph (r) introductory (ii) ASME BPVC.II.B–2017, Section 526/EEC, 84/527/EEC and 1999/36/EC’’, text; and II—Materials—Part B—Nonferrous June 16, 2010, into § 171.23. ■ d. Add paragraphs (r)(3) and (dd)(4). Material Specifications. (2) [Reserved]. The revisions and additions read as (iii) ASME BPVC.V–2017, Section V— * * * * * follows: Nondestructive Examination. (r) Institute of Makers of Explosives, (iv) ASME BPVC.VIII.1–2017, Section § 171.7 Reference material. 1212 New York Ave NW, #650, VIII—Rules for Construction of Pressure Washington, DC 20005. * * * * * Vessels Division 1. (f) American Pyrotechnics Association (v) ASME BPVC.IX–2017, Section * * * * * (APA), P.O. Box 30438, Bethesda, MD IX—Qualification Standard for Welding, (3) AESC/IME JPG Standard, Guide to 20824, (301) 907–8181, Brazing, and Fusing Procedures; Obtaining DOT Approval of Jet www.americanpyro.com. Welders; Brazers; and Welding, Brazing, Perforating Guns using AESC/IME (1) APA 87–1A: Standard for the and Fusing Operators. Perforating Gun Specifications, Ver. 02, Construction, Classification, Approval dated September 1, 2017, into § 173.67. and Transportation of Consumer Note 1 to paragraph (g)(1): The * * * * * Fireworks, final draft January 1, 2018 requirement for a 6% knuckle radius on (dd) * * * (excluding appendices II through VI), torispherical heads are excepted. (4) ECE/TRANS/257 (Vol.I), European into §§ 107.402(d); 173.59; 173.64; and (2) ASME B31.4–2012, Pipeline Agreement concerning the International 173.65. Transportation Systems for Liquids and (2) APA 87–1B: Standard for the Slurries, November 12, 2012, into Carriage of Dangerous Goods by Road, Construction, Classification, Approval, § 173.5a. copyright 2016, into § 171.23. and Transportation of Display * * * * * * * * * * Fireworks, final draft January 1, 2018 (n) * * * ■ 6. In § 171.8, add a definition for (excluding appendices II through IV), (4) CGA C–6.1—2013, Standards for ‘‘waste material’’ in alphabetical order into § 173.64. Visual Inspection of High Pressure to read as follows:

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§ 171.8 Definitions and abbreviations. or tapered threads provided the UN (5) Filling of cylinders for export or for * * * * * pressure receptacle is marked with the use on board a vessel. A cylinder not Waste material means, for the thread type, e.g. ‘‘17E, 25E, 18P, or 25P’’ manufactured, inspected, tested and purposes of lab pack requirements in and fitted with the properly marked marked in accordance with part 178 of § 173.12 of this subchapter, all valve; and this subchapter, or a cylinder hazardous materials which are destined (iv) A UN pressure receptacle is manufactured to other than a UN for disposal or recovery, and not so marked with ‘‘USA’’ as a country of standard, DOT specification, exemption limited to only those defined as a approval in conformance with §§ 178.69 or special permit, or other than a TC, hazardous waste in this section. and 178.70 of this subchapter, or ‘‘CAN’’ CTC, BTC, or CRC specification, may be * * * * * for Canada. filled with a gas in the United States ■ 7. In § 171.23, revise paragraph (a) to (3) Pi-marked pressure receptacles. and offered for transportation and read as follows: Pressure receptacles that are marked transported for export or alternatively, with a pi mark in accordance with the for use on board a vessel, if the § 171.23 Requirements for specific European Directive 2010/35/EU (IBR, following conditions are met: materials and packagings transported see § 171.7) on transportable pressure under the ICAO Technical Instructions, equipment (TPED) and that comply with (i) The cylinder has been requalified IMDG Code, Transport Canada TDG and marked with the month and year of Regulations, or the IAEA Regulations. the requirements of Packing Instruction P200 or P208 and 6.2 of ECE/TRANS/ requalification in accordance with * * * * * 257 (Vol. I), the Agreement Concerning subpart C of part 180 of this subchapter, (a) Conditions and requirements for the International Carriage of Dangerous or has been requalified as authorized by cylinders and pressure receptacles—(1) Goods by Road (ADR) (IBR, see § 171.7) the Associate Administrator; Applicability. Except as provided in this concerning pressure relief device use, paragraph (a), a filled cylinder (pressure (ii) In addition to other requirements test period, filling ratios, test pressure, receptacle) manufactured to other than of this subchapter, the maximum filling maximum working pressure, and a DOT specification or a UN standard in density, service pressure, and pressure material compatibility for the lading accordance with part 178 of this relief device for each cylinder conform contained or gas being filled, are subchapter, a DOT exemption or special to the requirements of this part for the authorized as follows: permit cylinder, a TC, CTC, CRC, or gas involved; and (i) Filled pressure receptacles BTC cylinder authorized under § 171.12, (iii) The bill of lading or other or a cylinder used as a fire extinguisher imported for intermediate storage, transport to point of use, discharge, and shipping paper identifies the cylinder in conformance with § 173.309(a) of this and includes the following certification: subchapter, may not be transported to, export without further filling; and ‘‘This cylinder has (These cylinders from, or within the United States. (ii) Pressure receptacles imported or (2) Conditions. Cylinders (including domestically sourced for the purpose of have) been qualified, as required, and UN pressure receptacles) transported to, filling, intermediate storage, and export. filled in accordance with the DOT from, or within the United States must (iii) The bill of lading or other requirements for export.’’ conform to the applicable requirements shipping paper must identify the (6) Cylinders not equipped with of this subchapter. Unless otherwise cylinder and include the following pressure relief devices. A DOT excepted in this subchapter, a cylinder certification: ‘‘This cylinder (These specification or a UN cylinder must not be transported unless— cylinders) conform(s) to the manufactured, inspected, tested and requirements for pi-marked cylinders (i) The cylinder is manufactured, marked in accordance with part 178 of found in 171.23(a)(3).’’ inspected and tested in accordance with this subchapter and otherwise conforms a DOT specification or a UN standard (4) Importation of cylinders for discharge within a single port area. to the requirements of part 173 of this prescribed in part 178 of this subchapter for the gas involved, except subchapter, or a TC, CTC, CRC, or BTC Except as provided in § 171.23(a)(3), a cylinder manufactured to other than a that the cylinder is not equipped with specification set out in the Transport a pressure relief device may be filled Canada TDG Regulations (IBR, see DOT specification or UN standard in with a gas and offered for transportation § 171.7), except that cylinders not accordance with part 178 of this and transported for export if the conforming to these requirements must subchapter, or a TC, CTC, BTC, or CRC meet the requirements in paragraph specification cylinder set out in the following conditions are met: (a)(3), (4), or (5) of this section; Transport Canada TDG Regulations (i) Each DOT specification cylinder or (ii) The cylinder is equipped with a (IBR, see § 171.7), and certified as being UN pressure receptacle must be plainly pressure relief device in accordance in conformance with the transportation and durably marked ‘‘For Export Only’’; regulations of another country may be with § 173.301(f) of this subchapter and (ii) The shipping paper must carry the conforms to the applicable requirements authorized, upon written request to and approval by the Associate following certification: ‘‘This cylinder in part 173 of this subchapter for the has (These cylinders have) been retested hazardous material involved; Administrator, for transportation within (iii) The openings on an aluminum a single port area, provided— and refilled in accordance with the DOT cylinder in oxygen service conform to (i) The cylinder is transported in a requirements for export.’’; and the requirements of this paragraph, closed freight container; (iii) The emergency response except when the cylinder is used for (ii) The cylinder is certified by the information provided with the shipment aircraft parts or used aboard an aircraft importer to provide a level of safety at and available from the emergency in accordance with the applicable least equivalent to that required by the response telephone contact person must airworthiness requirements and regulations in this subchapter for a indicate that the pressure receptacles operating regulations. An aluminum comparable DOT, TC, CTC, BTC, or CRC are not fitted with pressure relief DOT specification cylinder must have specification or UN cylinder; and devices and provide appropriate an opening configured with straight (iii) The cylinder is not refilled for guidance for exposure to fire. (parallel) threads. A UN pressure export unless in compliance with * * * * * receptacle may have straight (parallel) paragraph (a)(5) of this section.

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PART 172—HAZARDOUS MATERIALS ■ 9. In § 172.101, add paragraph (c)(17) § 172.101 Table, the qualifying word TABLE, SPECIAL PROVISIONS, and amend the Hazardous Materials ‘‘stabilized’’ may be added in HAZARDOUS MATERIALS Table to revise entries under association with the proper shipping COMMUNICATIONS, EMERGENCY ‘‘[REVISE]’’ to read as follows: name, as appropriate, where without RESPONSE INFORMATION, AND stabilization the substance would be TRAINING REQUIREMENTS § 172.101 Purpose and use of the hazardous materials table. forbidden for transportation according to § 173.21(f) of this subchapter. ■ 8. The authority citation for part 172 * * * * * continues to read as follows: (c) * * * * * * * * Authority: 49 U.S.C. 5101–5128, 44701; 49 (17) Unless it is already included in § 172.101 Hazardous Materials Table CFR 1.81, 1.96 and 1.97. the proper shipping name in the

(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) [REVISE] ...... Allyl isothiocyanate, 6.1 ...... UN1545 II ..... 6.1, 3 .... 387, A3, A7, 153 ...... 202 ...... 243 ...... Forbidden .... 60 L ...... D ...... 25, 40 stabilized. IB2, T7, TP2.

******* Aluminum smelting by- 4.3 ...... UN3170 II ..... 4.3 ...... 128, B115, 151 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... B ...... 13, 85, 103, products or Alu- IB7, IP2, 148 minum remelting by- IP21, T3, products. TP33, W31, W40. III .... 4.3 ...... 128, B115, 151 ...... 213 ...... 241 ...... 25 kg ...... 100 kg ...... B ...... 13, 85, 103, IB8, IP21, 148 T1, TP33, W31.

******* G ...... Amine, liquid, corro- 8 ...... UN2734 I ...... 8, 3 ...... A3, A6, N34, None ...... 201 ...... 243 ...... 0.5L ...... 2.5L ...... A ...... 52 sive, flammable, T14, TP2, n.o.s. or Polyamines, TP27. liquid, corrosive, flammable, n.o.s. II ..... 8, 3 ...... IB2, T11, 154 ...... 201 ...... 243 ...... 1L ...... 30L ...... A ...... 52 TP2, TP27. ******* Amyl mercaptan ...... 3 ...... UN1111 II ..... 3 ...... A3, A6, IB2, 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... 95, 102 T4, TP1. ******* Antimony 8 ...... UN1730 II ..... 8 ...... B2, IB2, T7, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... C ...... 40, 53, 58 pentachloride, liquid. TP2. ******* Antimony pentafluoride 8 ...... UN1732 II ..... 8, 6.1 .... A3, A6, A7, 154 ...... 202 ...... 243 ...... Forbidden .... 30 L ...... D ...... 40, 44, 53, A10, IB2, 58, 89, N3, N36, 100, 141 T7, TP2. ******* Batteries, dry, con- 8 ...... UN3028 ...... 8 ...... 237 ...... 154 ...... 213 ...... None ...... 25 kg ...... 230 kg ...... A ...... 52 taining potassium hydroxide solid, elec- tric storage. ******* Borneol ...... 4.1 ...... UN1312 III .... 4.1 ...... A1, IB8, IP3, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... T1, TP33. ******* 5-tert-Butyl-2,4,6- 4.1 ...... UN2956 III .... 4.1 ...... 159 ...... 151 ...... 223 ...... None ...... Forbidden .... Forbidden .... D ...... 12, 25, 40, trinitro-m-xylene or 127 Musk xylene. ******* 1,4-Butynediol ...... 6.1 ...... UN2716 III .... 6.1 ...... A1, IB8, IP3, 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... C ...... 52, 53, 70 T1, TP33. ******* Calcium resinate ...... 4.1 ...... UN1313 III .... 4.1 ...... A1, A19, IB6, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... T1, TP33. Calcium resinate, 4.1 ...... UN1314 III .... 4.1 ...... A1, A19, IB4, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... fused. T1, TP33. ******* Camphor, synthetic ..... 4.1 ...... UN2717 III .... 4.1 ...... A1, IB8, IP3, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... T1, TP33. ******* Celluloid, in block, 4.1 ...... UN2000 III .... 4.1 ...... 420 ...... 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... rods, rolls, sheets, tubes, etc., except scrap. ******* Cerium, slabs, ingots, 4.1 ...... UN1333 II ..... 4.1 ...... IB8, IP2, IP4, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 13, 74, 91, or rods. N34, W100. 147, 148 ******* Chloric acid aqueous 5.1 ...... UN2626 II ..... 5.1 ...... IB2, T4, TP1, 152 ...... 229 ...... None ...... Forbidden .... Forbidden .... D ...... 53, 56, 58 solution, with not W31. more than 10 per- cent chloric acid.

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

******* 1-Chloropropane ...... 3 ...... UN1278 II ..... 3 ...... IB2, IP8, N34, 150 ...... 202 ...... 242 ...... Forbidden .... 60 L ...... E ...... T7, TP2. Chromium trioxide, an- 5.1 ...... UN1463 II ..... 5.1, 6.1, IB8, IP2, IP4, 152 ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... A ...... 66, 90 hydrous. 8. T3, TP33, W31. ******* Corrosive liquids, flam- 8 ...... UN2920 I ...... 8, 3 ...... A6, B10, T14, None ...... 201 ...... 243 ...... 0.5 L ...... 2.5 L ...... C ...... 25, 40 mable, n.o.s. TP2, TP27. II ..... 8, 3 ...... B2, IB2, T11, 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... C ...... 25, 40 TP2, TP27. ******* G ...... Corrosive liquids, oxi- 8 ...... UN3093 I ...... 8, 5.1 .... A6, A7 ...... None ...... 201 ...... 243 ...... Forbidden .... 2.5 L ...... C ...... 89 dizing, n.o.s. II ..... 8, 5.1 .... A6, A7, IB2 ... 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... C ...... 89 ******* Corrosive solids, flam- 8 ...... UN2921 I ...... 8, 4.1 .... IB6, T6, TP33 None ...... 211 ...... 242 ...... 1 kg ...... 25 kg ...... B ...... 12, 25 mable, n.o.s. II ..... 8, 4.1 .... IB8, IP2, IP4, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... B ...... 12, 25 T3, TP33. ******* G ...... Corrosive solids, oxi- 8 ...... UN3084 I ...... 8, 5.1 .... T6, TP33 ...... None ...... 211 ...... 242 ...... 1 kg ...... 25 kg ...... C ...... dizing, n.o.s. II ..... 8, 5.1 .... 154, IB6, IP2, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... C ...... T3, TP33. ******* G ...... Corrosive solids, 8 ...... UN3096 I ...... 8, 4.3 .... IB4, IP1, T6, None ...... 211 ...... 243 ...... 1 kg ...... 25 kg ...... D ...... 13, 148 water-reactive, n.o.s. TP33. II ..... 8, 4.3 .... IB6, IP2, T3, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... D ...... 13, 148 TP33, W100. G ...... Corrosive liquids, oxi- 8 ...... UN3093 I ...... 8, 5.1 .... A6, A7 ...... None ...... 201 ...... 243 ...... Forbidden .... 2.5 L ...... C ...... 89 dizing, n.o.s. II ..... 8, 5.1 .... A6, A7, IB2 ... 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... C ...... 89 ******* G ...... Corrosive solids, oxi- 8 ...... UN3084 I ...... 8, 5.1 .... T6, TP33 ...... None ...... 211 ...... 242 ...... 1 kg ...... 25 kg ...... C ...... dizing, n.o.s. II ..... 8, 5.1 .... 154, IB6, IP2, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... C ...... T3, TP33. G ...... Corrosive solids, self- 8 ...... UN3095 I ...... 8, 4.2 .... T6, TP33 ...... None ...... 211 ...... 243 ...... 1 kg ...... 25 kg ...... C ...... heating, n.o.s. II ..... 8, 4.2 .... IB6, IP2, T3, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... C ...... TP33. ******* G ...... Corrosive solids, 8 ...... UN3096 I ...... 8, 4.3 .... IB4, IP1, T6, None ...... 211 ...... 243 ...... 1 kg ...... 25 kg ...... D ...... 13, 148 water-reactive, n.o.s. TP33. II ..... 8, 4.3 .... IB6, IP2, T3, 154 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... D ...... 13,148 TP33, W100. ******* Cyanuric chloride ...... 8 ...... UN2670 II ..... 8 ...... IB8, IP2, IP4, None ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 12, 25, 40, T3, TP33. 53, 58 ******* Cyclohexylamine ...... 8 ...... UN2357 II ..... 8, 3 ...... IB2, T7, TP2 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... A ...... 40, 52 ******* Decaborane ...... 4.1 ...... UN1868 II ..... 4.1, 6.1 A19, A20, 151 ...... 212 ...... None ...... Forbidden .... 50 kg ...... A ...... 74 IB6, IP2, T3, TP33, W31. ******* Detonator assemblies, 1.4B ...... UN0361 ...... 1.4B ...... 148 ...... 63(f), 63(g) 62 ...... None ...... Forbidden .... 75 kg ...... 05 ...... 25 non-electric, for blasting. ******* Detonators, electric, for 1.4B ...... UN0255 ...... 1.4B ...... 148 ...... 63(f), 63(g) 62 ...... None ...... Forbidden .... 75 kg ...... 05 ...... 25 blasting.

******* Detonators for ammu- 1.4B ...... UN0365 ...... 1.4B ...... None ...... 62 ...... None ...... Forbidden .... 75 kg...... 05 ...... 25 nition. ******* Detonators, non-elec- 1.4B ...... UN0267 ...... 1.4B ...... 63(f), 63(g) 62 ...... None ...... Forbidden .... 75 kg ...... 05 ...... 25 tric, for blasting. ******* Diethyl sulfide ...... 3 ...... UN2375 II ..... 3 ...... IB2, T7, TP1, 150 ...... 202 ...... 243 ...... 5 L ...... 60 L ...... E ...... 52 TP13. ******* 2-Diethylaminoethanol 8 ...... UN2686 II ..... 8, 3 ...... B2, IB2, T7, 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... A ...... 52 TP2. ******* N,N- 8 ...... UN2685 II ..... 8, 3 ...... IB2, T7, TP2 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... A ...... 52 Diethylethylenediam- ine. ******* Diethylthiophosphoryl 8 ...... UN2751 II ..... 8 ...... B2, IB2, T7, 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... D ...... 12, 25, 40, chloride. TP2. 53, 58

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

******* Difluorophosphoric 8 ...... UN1768 II ..... 8 ...... A6, A7, B2, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 40, 53, 58 acid, anhydrous. IB2, N5, N34, T8, TP2. * ...... * ...... * ...... * ...... * ...... * ...... * Di-n-butylamine ...... 8 ...... UN2248 II ..... 8, 3 ...... IB2, T7, TP2 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... A ...... 52

******* Ethyl bromoacetate ..... 6.1 ...... UN1603 II ..... 6.1, 3 .... IB2, T7, TP2 153 ...... 202 ...... 243 ...... Forbidden .... Forbidden .... D ...... 40

******* Fibers or Fabrics im- 4.1 ...... UN1353 III .... 4.1 ...... A1, IB8, IP3 .. 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... D ...... pregnated with weakly nitrated nitro- cellulose, n.o.s.

******* Films, nitrocellulose 4.1 ...... UN1324 III .... 4.1 ...... 151 ...... 183 ...... None ...... 25 kg ...... 100 kg ...... D ...... 28 base, gelatine coat- ed (except scrap).

******* Firelighters, solid with 4.1 ...... UN2623 III .... 4.1 ...... A1, A19 ...... 151 ...... 213 ...... None ...... 25 kg ...... 100 kg ...... A ...... 52 flammable liquid.

******* G ...... Flammable solid, oxi- 4.1 ...... UN3097 II ..... 4.1, 5.1 131 ...... 151 ...... 214 ...... 214 ...... Forbidden .... Forbidden .... E ...... 40 dizing, n.o.s. III .... 4.1, 5.1 131, T1, 151 ...... 214 ...... 214 ...... Forbidden .... Forbidden .... D ...... 40 TP33.

******* Flammable solids, cor- 4.1 ...... UN2925 II ..... 4.1, 8 .... A1, IB6, IP2, 151 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... D ...... 40 rosive, organic, n.o.s. T3, TP33. III .... 4.1, 8 .... A1, IB6, T1, 151 ...... 213 ...... 242 ...... 25 kg ...... 100 kg ...... D ...... 40 TP33.

******* Fluorophosphoric acid 8 ...... UN1776 II ..... 8 ...... A6, A7, B2, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 53, 58 anhydrous. IB2, N3, N34, T8, TP2.

******* Fluorosilicic acid ...... 8 ...... UN1778 II ..... 8 ...... A6, A7, B2, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 53, 58 B15, IB2, N3, N34, T8, TP2.

******* Gallium ...... 8 ...... UN2803 III .... 8 ...... T1, TP33 ...... 154 ...... 162 ...... 240 ...... 20 kg ...... 20 kg ...... B ...... 25

******* Hafnium powder, 4.1 ...... UN1326 II ..... 4.1 ...... A6, A19, A20, 151 ...... 212 ...... 241 ...... 15 kg ...... 50 kg ...... E ...... 74 wetted with not less IB6, IP2, than 25 percent N34, T3, water (a visible ex- TP33, W31, cess of water must W40. be present) (a) me- chanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns.

******* Hexadienes ...... 3 ...... UN2458 II ..... 3 ...... IB2, T4, TP1 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ......

******* Hexafluorophosphoric 8 ...... UN1782 II ..... 8 ...... A6, A7, B2, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 53, 58 acid. IB2, N3, N34, T8, TP2.

******* Hexamethylenediamine 8 ...... UN1783 II ..... 8 ...... IB2, T7, TP2 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 52 solution. III .... 8 ...... IB3, T4, TP1 154 ...... 203 ...... 241 ...... 5 L ...... 60 L ...... A ......

******* Hydrazine aqueous so- 8 ...... UN2030 I ...... 8, 6.1 .... B16, B53, None ...... 201 ...... 243 ...... Forbidden .... 2.5 L ...... D ...... 40, 52 lution, with more T10, TP2, than 37% hydrazine, TP13. by mass. II ..... 8, 6.1 .... B16, B53, 154 ...... 202 ...... 243 ...... Forbidden .... 30 L ...... D ...... 40, 52 IB2, T7, TP2, TP13. III .... 8, 6.1 .... B16, B53, 154 ...... 203 ...... 241 ...... 5 L ...... 60 L ...... D ...... 40, 52 IB3, T4, TP1.

******* Hydrogen peroxide and 5.1 ...... UN3149 II ..... 5.1, 8 .... 145, A2, A3, 152 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 25, 66, 75. peroxyacetic acid A6, B53, mixtures, stabilized IB2, IP5, with acids, water, T7, TP2, and not more than 5 TP6, TP24. percent peroxyacetic acid.

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

Hydrogen, peroxide, 5.1 ...... UN2014 II ..... 5.1, 8 .... 12, A60, B53, 152 ...... 202 ...... 243 ...... Forbidden .... Forbidden .... D ...... 25, 66, 75 aqueous solutions B80, B81, with more than 40 B85, IB2, percent but not more IP5, T7, than 60 percent hy- TP2, TP6, drogen peroxide TP24, (stabilized as nec- TP37. essary). Hydrogen peroxide, 5.1 ...... UN2014 II ..... 5.1, 8 .... A2, A3, A6, 152 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 25, 66, 75 aqueous solutions B53, IB2, with not less than 20 IP5, T7, percent but not more TP2, TP6, than 40 percent hy- TP24, drogen peroxide TP37. (stabilized as nec- essary).

******* Hydrogendifluoride, 8 ...... UN1740 II ..... 8 ...... IB8, IP2, IP4, 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 25, 40, 52, solid, n.o.s. N3, N34, 53, 58 T3, TP33. III .... 8 ...... IB8, IP3, N3, 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 25, 40, 52 N34, T1, TP33.

******* Iodine monochloride, 8 ...... UN1792 II ..... 8 ...... B6, IB8, IP2, 154 ...... 212 ...... 240 ...... Forbidden .... 50 kg ...... D ...... 40, 53, 58, solid. IP4, N41, 66, 74 T7, TP2.

******* Lead phosphite, diba- 4.1 ...... UN2989 II ..... 4.1 ...... IB8, IP2, IP4, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... B ...... 34. sic. T3, TP33. III .... 4.1 ...... IB8, IP3, T1, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... B ...... 34 TP33.

******* Mercaptans, liquid, 3 ...... UN1228 II ..... 3, 6.1 .... IB2, T11, 150 ...... 202 ...... 243 ...... Forbidden .... 60 L ...... B ...... 40, 95, 102 flammable, toxic, TP2, TP27. n.o.s. or Mercaptan mixtures, liquid, flammable, toxic, n.o.s. III .... 3, 6.1 .... A6, B1, IB3, 150 ...... 203 ...... 242 ...... 5 L ...... 220 L ...... A ...... 40, 95, 102 T7, TP1, TP28.

******* 2-Methyl-2-butene ...... 3 ...... UN2460 II ..... 3 ...... IB2, IP8, T7, 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... E. TP1.

******* Methylal ...... 3 ...... UN1234 II ..... 3 ...... IB2, IP8, T7, 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... E ...... TP2.

******* Nitrating acid mixtures 8 ...... UN1826 II ..... 8 ...... A7, B2, IB2, 154 ...... 158 ...... 242 ...... Forbidden .... 30 L ...... D ...... 40. 53. 58 spent with not more T8, TP2. than 50 percent nitric acid.

******* Nitrating acid mixtures 8 ...... UN1796 II ..... 8 ...... A7, B2, IB2, 154 ...... 158 ...... 242 ...... Forbidden .... 30 L ...... D ...... 40, 53, 58 with not more than T8, TP2, 50 percent nitric acid. TP13.

******* Nitric acid other than 8 ...... UN2031 II ..... 8, 5.1 .... A6, B2, B47, 154 ...... 158 ...... 242 ...... Forbidden .... 30 L ...... D ...... 53, 58, 66, red fuming, with at B53, IB2, 74, 89, 90 least 65 percent, but IP15, T8, not more than 70 TP2. percent nitric acid. Nitric acid other than 8 ...... UN2031 II ..... 8 ...... A6, A212, B2, 154 ...... 158 ...... 242 ...... Forbidden .... 30 L ...... D ...... 44, 66, 53, red fuming, with B47, B53, 58, 74, 89, more than 20 per- IB2, IP15, 90 cent and less than T8, TP2. 65 percent nitric acid. Nitric acid other than 8 ...... UN2031 II ..... 8 ...... A6, B2, B47, 154 ...... 158 ...... 242 ...... 1 L ...... 30 L ...... D ...... 53, 58 red fuming with not B53, IB2, more than 20 per- T8, TP2. cent nitric acid.

******* Octafluorobut-2-ene or 2.2 ...... UN2422 ...... 2.2 ...... 306 ...... 304 ...... 314, 315 .. 75 kg ...... 150 kg ...... A. Refrigerant gas R 1318. Octafluorocyclobutane, 2.2 ...... UN1976 ...... 2.2 ...... T50 ...... 306 ...... 304 ...... 314, 315 .. 75 kg ...... 150 kg ...... A. or Refrigerant gas RC 318. Octafluoropropane or 2.2 ...... UN2424 ...... 2.2 ...... T50 ...... 306 ...... 304 ...... 314, 315 .. 75 kg ...... 150 kg ...... A. Refrigerant gas R 218.

******* G ...... Organometallic sub- 4.3 ...... UN3398 I ...... 4.3 ...... T13, TP2, None ...... 201 ...... 244 ...... Forbidden .... 1 L ...... D ...... 13, 40, 52, stance, liquid, water- TP7, TP36, 148 reactive. TP47, W31. II ..... 4.3 ...... IB1, IP2, T7, 151 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 13, 40, 52, TP2, TP7, 148 TP36, TP47, W31.

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

III .... 4.3 ...... IB2, IP4, T7, 151 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... E ...... 13, 40, 52, TP2, TP7, 148 TP36, TP47, W31. G ...... Organometallic sub- 4.3 ...... UN3399 I ...... 4.3, 3 .... T13, TP2, None ...... 201 ...... 244 ...... Forbidden .... 1 L ...... D ...... 13, 40, 52, stance, liquid, water- TP7, TP36, 148 reactive, flammable. TP47, W31. II ..... 4.3, 3 .... IB1, IP2, T7, 151 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 13, 40, 52, TP2, TP7, 148 TP36, TP47, W31. III .... 4.3, 3 .... IB2, IP4, T7, 151 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... E ...... 13, 40, 52, TP2, TP7, 148 TP36, TP47, W31. ******* G ...... Organometallic sub- 4.3 ...... UN3397 I ...... 4.3, 4.2 N40, T9, TP7, None ...... 211 ...... 242 ...... Forbidden .... 15 kg ...... E ...... 13, 40, 52, stance, solid, water- TP33, 148 reactive, self-heating. TP36, TP47, W31. II ..... 4.3, 4.2 IB4, T3, 151 ...... 212 ...... 242 ...... 15 kg ...... 50 kg ...... E ...... 13, 40, 52, TP33, 148 TP36, TP47, W31. III .... 4.3, 4.2 IB6, T1, 151 ...... 213 ...... 241 ...... 25 kg ...... 100 kg ...... E ...... 13, 40, 52, TP33, 148 TP36, TP47, W31. ******* G ...... Oxidizing liquid, corro- 5.1 ...... UN3098 I ...... 5.1, 8 .... 62, A6 ...... None ...... 201 ...... 244 ...... Forbidden .... 2.5 L ...... D ...... 13, 56, 58, sive, n.o.s. 138 II ..... 5.1, 8 .... 62, IB1 ...... 152 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... B ...... 13, 56, 58, 138 III .... 5.1, 8 .... 62, IB2 ...... 152 ...... 203 ...... 242 ...... 2.5 L ...... 30 L ...... B ...... 13, 56, 58, 138 ******* G ...... Oxidizing solid, water 5.1 ...... UN3121 I ...... 5.1, 4.3 62 ...... None ...... 214 ...... 214 ...... Forbidden .... Forbidden ...... 13, 148 reactive, n.o.s. II ..... 5.1, 4.3 62 ...... 152 ...... 214 ...... 214 ...... Forbidden .... Forbidden ...... 13, 148 Perchloric acid with not 8 ...... UN1802 II ..... 8, 5.1 .... IB2, N41, T7, 154 ...... 202 ...... 243 ...... Forbidden .... 30 L ...... C ...... 53, 58, 66 more than 50 per- TP2. cent acid by mass. ******* Peroxides, inorganic, 5.1 ...... UN1483 II ..... 5.1 ...... A7, A20, IB6, 152 ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... C ...... 13, 52, 66, n.o.s. IP2, N34, 75, 148 T3, TP33, W100. III .... 5.1 ...... A7, A20, 152 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... C ...... 13, 52, 66, B134, IB8, 75, 148 IP21, N34, T1, TP33, W100. ******* Phosphorus 4.1 ...... UN1339 II ..... 4.1 ...... A20, IB4, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... B ...... 13, 74, 147, heptasulfide, free N34, T3, 148 from yellow or white TP33, W31. phosphorus. ******* Phosphorus, amor- 4.1 ...... UN1338 III .... 4.1 ...... A1, A19, B1, 151 ...... 213 ...... 243 ...... 25 kg ...... 100 kg ...... A ...... 74 phous. B9, B26, IB8, IP3, T1, TP33. ******* Phosphorus 8 ...... UN1939 II ..... 8 ...... B8, IB8, IP2, 154 ...... 212 ...... 240 ...... Forbidden .... 50 kg ...... C ...... 12, 25, 40, oxybromide. IP4, N41, 53, 58 N43, T3, TP33. ******* Phosphorus 8 ...... UN1806 II ..... 8 ...... A7, IB8, IP2, 154 ...... 212 ...... 240 ...... Forbidden .... 50 kg ...... C ...... 40, 44, 53, pentachloride. IP4, N34, 58, 89, T3, TP33. 100, 141 Phosphorus 4.1 ...... UN1341 II ..... 4.1 ...... A20, IB4, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... B ...... 74 sesquisulfide, free N34, T3, from yellow or white TP33, W31. phosphorus. Phosphorus tribromide 8 ...... UN1808 II ..... 8 ...... A3, A6, A7, 154 ...... 202 ...... 242 ...... Forbidden .... 30 L ...... C ...... 40, 53, 58 B2, B25, IB2, N34, N43, T7, TP2. ******* Phosphorus trisulfide, 4.1 ...... UN1343 II ..... 4.1 ...... A20, IB4, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... B ...... 13, 74, 147, free from yellow or N34, T3, 148 white phosphorus. TP33, W31. ******* Propionitrile ...... 3 ...... UN2404 II ..... 3, 6.1 .... IB2, T7, TP1, 150 ...... 202 ...... 243 ...... Forbidden .... 60 L ...... E ...... 40 TP13. ******* 1,2-Propylenediamine 8 ...... UN2258 II ..... 8, 3 ...... A3, A6, IB2, 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... A ...... 40, 52 N34, T7, TP2.

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

******* Pyridine ...... 3 ...... UN1282 II ..... 3 ...... IB2, T4, TP2 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... 21, 100 ******* Silicon powder, amor- 4.1 ...... UN1346 III .... 4.1 ...... A1, IB8, IP3, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 74 phous. T1, TP33. ******* Sludge, acid ...... 8 ...... UN1906 II ..... 8 ...... A3, A7, B2, 154 ...... 202 ...... 242 ...... Forbidden .... 30 L ...... C ...... 14, 53, 58 IB2, N34, T8, TP2, TP28. ******* Sodium chlorite ...... 5.1 ...... UN1496 II ..... 5.1 ...... A9, IB8, IP2, 152 ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... A ...... 56, 58 IP4, N34, T3, TP33. ******* I ...... Sulfur ...... 4.1 ...... UN1350 III .... 4.1 ...... 30, B120, 151 ...... None ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 25, 74 IB8, IP3, T1, TP33. ******* Sulfuric acid, spent ..... 8 ...... UN1832 II ..... 8 ...... A3, A7, B2, 154 ...... 202 ...... 242 ...... Forbidden .... 30 L ...... C ...... 14, 53, 58 B83, B84, IB2, N34, T8, TP2. Tetrafluoromethane or 2.2 ...... UN1982 ...... 2.2 ...... 306 ...... 302 ...... None ...... 75 kg ...... 150 kg ...... A ...... Refrigerant gas R 14. ******* Tetrahydrofuran ...... 3 ...... UN2056 II ..... 3 ...... IB2, T4, TP1 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... Thiophosphoryl chlo- 8 ...... UN1837 II ..... 8 ...... A3, A7, B2, 154 ...... 202 ...... 242 ...... Forbidden .... 30 L ...... C ...... 40, 53, 58 ride. B8, B25, IB2, N34, T7, TP2. ******* Titanium hydride ...... 4.1 ...... UN1871 II ..... 4.1 ...... A19, A20, 151 ...... 212 ...... 241 ...... 15 kg ...... 50 kg ...... E ...... IB4, N34, T3, TP33, W31, W40. ******* Titanium powder, 4.1 ...... UN1352 II ..... 4.1 ...... A19, A20, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... E ...... 74 wetted with not less IB6, IP2, than 25 percent N34, T3, water (a visible ex- TP33, W31, cess of water must W40. be present) (a) me- chanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns. Titanium sponge gran- 4.1 ...... UN2878 III .... 4.1 ...... A1, B134, 151 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... D ...... 13, 74, 147, ules or Titanium IB8, IP21, 148 sponge powders. T1, TP33, W100. ******* G ...... Toxic liquids, water-re- 6.1 ...... UN3123 I ...... 6.1, 4.3 A4 ...... None ...... 201 ...... 243 ...... Forbidden .... 1 L ...... E ...... 13,40, 148 active, n.o.s. II ..... 6.1, 4.3 IB2 ...... 153 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... E ...... 13, 40, 148 ******* G ...... Toxins, extracted from 6.1 ...... UN3172 I ...... 6.1 ...... 141 ...... None ...... 201 ...... 243 ...... 1 L ...... 30 L ...... B ...... 40 living sources, liquid, n.o.s. II ..... 6.1 ...... 141, IB2 ...... 153 ...... 202 ...... 243 ...... 5 L ...... 60 L ...... B ...... 40 III .... 6.1 ...... 141, IB3 ...... 153 ...... 203 ...... 241 ...... 60 L ...... 220 L ...... B ...... 40 G ...... Toxins, extracted from 6.1 ...... UN3462 I ...... 6.1 ...... 141, IB7, IP1, None ...... 211 ...... 243 ...... 5 kg ...... 50 kg ...... B ...... living sources, solid, T6, TP33. n.o.s. II ..... 6.1 ...... 141, IB8, IP2, 153 ...... 212 ...... 243 ...... 25 kg ...... 100 kg ...... B ...... IP4, T3 TP33. III .... 6.1 ...... 141, IB8, IP3, 153 ...... 213 ...... 241 ...... 100 kg ...... 200 kg ...... A ...... T1 TP33. ******* G ...... Toxins, extracted from 6.1 ...... UN3462 I ...... 6.1 ...... 141, IB7, IP1, None ...... 211 ...... 243 ...... 5 kg ...... 50 kg ...... B ...... G living sources, solid, T6, TP33. n.o.s. II ..... 6.1 ...... 141, IB8, IP2, 153 ...... 212 ...... 243 ...... 25 kg ...... 100 kg ...... B ...... IP4, T3 TP33. III .... 6.1 ...... 141, IB8, IP3, 153 ...... 213 ...... 241 ...... 100 kg ...... 200 kg ...... A ...... T1 TP33. ******* Triallylamine ...... 3 ...... UN2610 III .... 3, 8 ...... B1, IB3, T4, 150 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... A ...... 40, 52 TP1. ******* G ...... Water-reactive liquid, 4.3 ...... UN3129 I ...... 4.3, 8 .... T14, TP2, None ...... 201 ...... 243 ...... Forbidden .... 1 L ...... D ...... 13, 148 corrosive, n.o.s. TP7, TP13. II ..... 4.3, 8 .... IB1, T11, 151 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... E ...... 13, 85, 148 TP2, TP7. III .... 4.3, 8 .... IB2, T7, TP2, 151 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... E ...... 13, 148 TP7.

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(8) (9) (10) Hazardous materials Hazard Identi- Special provi- Packaging Quantity limitations Vessel stowage Sym- descriptions class or fication PG Label sions (§ 173.***) (see §§ 173.27 and 175.75) bols and proper shipping division Nos. codes (§ 172.102) names Passenger Cargo air- Location Other Exceptions Non-bulk Bulk aircraft/rail craft only (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

G ...... Water-reactive liquid, 4.3 ...... UN3148 I ...... 4.3 ...... T13, TP2, None ...... 201 ...... 244 ...... Forbidden .... 1 L ...... E ...... 13, 40, 148 n.o.s. TP7, TP41, W31. II ..... 4.3 ...... IB1, T7, TP2, 151 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... E ...... 13, 40, 148 TP7, W31. III .... 4.3 ...... IB2, T7, TP2, 151 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... E ...... 13, 40, 148 TP7, W31. G ...... Water-reactive liquid, 4.3 ...... UN3130 I ...... 4.3, 6.1 A4 ...... None ...... 201 ...... 243 ...... Forbidden .... 1 L ...... D ...... 13, 148 toxic, n.o.s. II ..... 4.3, 6.1 IB1 ...... 151 ...... 202 ...... 243 ...... 1 L ...... 5 L ...... E ...... 13, 85, 148 III .... 4.3, 6.1 IB2 ...... 151 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... E ...... 13, 85, 148 ******* G ...... Water-reactive, solid, 4.3 ...... UN3133 II ..... 4.3, 5.1 ...... 151 ...... 214 ...... 214 ...... Forbidden .... Forbidden .... E ...... 13, 40, 148 oxidizing, n.o.s. III .... 4.3, 5.1 ...... 151 ...... 214 ...... 214 ...... Forbidden .... Forbidden .... E ...... 13, 40, 148 ******* Zinc ammonium nitrite 5.1 ...... UN1512 II ..... 5.1 ...... IB8, IP4, T3, 152 ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... E ...... TP33. ******* Zinc chloride, anhy- 8 ...... UN2331 III .... 8 ...... IB8, IP3, T1, 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 53, 58 drous. TP33. ******* Zirconium hydride ...... 4.1 ...... UN1437 II ..... 4.1 ...... A19, A20, 151 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... E ...... IB4, N34, T3, TP33, W31, W40. ******* Zirconium powder, 4.1 ...... UN1358 II ..... 4.1 ...... A19, A20, 151 ...... 212 ...... 241 ...... 15 kg ...... 50 kg ...... E ...... 13, 74, 147, wetted with not less IB6, IP2, 148 than 25 percent N34, T3, water (a visible ex- TP33, W31, cess of water must W40. be present) (a) me- chanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns. ******* Zirconium suspended 3 ...... UN1308 I ...... 3 ...... None ...... 201 ...... 243 ...... Forbidden .... Forbidden .... B ...... in a liquid. II ..... 3 ...... IB2 ...... 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... III .... 3 ...... B1, IB2 ...... 150 ...... 203 ...... 242 ...... 60 L ...... 220 L ...... B ...... *******

§ 172.102 [Amended] ■ 13. In § 173.5b, revise paragraph (b) to anhydrous ammonia must be isolated ■ 10. In § 172.102, amend paragraph read as follows: using appropriate means from piping and components marked ‘‘LOW SIDE.’’ (c)(1) by removing special provision § 173.5b Portable and mobile refrigeration 103. systems. (4) Prior to transportation, each ■ 11. In § 172.302, revise paragraph * * * * * pressure vessel and associated piping (b)(2) to read as follows: (b) Refrigeration systems placed into must be relieved of enough gaseous service prior to June 1, 1991. (1) For lading to ensure that the MAWP is not § 172.302 General marking requirements refrigeration systems placed into service exceeded at transport temperatures up for bulk packagings. prior to June 1, 1991, each pressure to 54 °C (130 °F). * * * * * vessel and associated piping must be * * * * * (b) * * * rated at a MAWP of not less than 250 ■ (2) Have a width of at least 4.0 mm psig. During transportation, pressure in 14. In § 173.28, revise paragraph (0.16 inch) and a height of at least 12 the components that are part of the (c)(1)(i) to read as follows: mm (0.47 inch) for portable tanks with evaporating line may not exceed 150 § 173.28 Reuse, reconditioning and capacities of less than 3,785 L (1,000 psig. remanufacture of packagings. gallons) and a width of at least 4.0 mm (2) Each pressure vessel and (0.16 inch) and a height of 25 mm (one associated piping that is part of the * * * * * inch) for IBCs; and evaporating line must be marked ‘‘LOW (c) * * * * * * * * SIDE’’ in a permanent and clearly (1) * * * visible manner. The evaporating line PART 173—SHIPPERS—GENERAL must have a pressure gauge with (i) Cleaning to base material of REQUIREMENTS FOR SHIPMENTS corresponding temperature markings construction, with all former contents, AND PACKAGINGS mounted in a manner that is easily internal and external corrosion readable when standing on the ground. removed, and any external coatings and ■ 12. The authority citation for part 173 The gauge must be permanently marked labels sufficiently removed to expose continues to read as follows: or tagged ‘‘SATURATION GAUGE.’’ any metal deterioration that adversely Authority: 49 U.S.C. 5101–5128, 44701; 49 (3) Each pressure vessel and affects transportation safety; CFR 1.81, 1.96 and 1.97. associated piping containing liquid * * * * *

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■ 15. In § 173.31, add paragraph (a)(6)(v) and compounds, showing the intended of the reasons for the denial. The and revise paragraph (e) to read as manufacturing tolerances in the Associate Administrator may require follows: composition of substances or design of that the fireworks be examined by an articles which will be allowed in that agency listed in § 173.56(b)(1) of this § 173.31 Use of tank cars. material or device, and unless it has part. * * * * * been examined, classed and approved as * * * * * (a) * * * follows: ■ (6) * * * 19. In § 173.65, revise paragraphs (v) When a tank car delimiter is a * * * * * (a)(1), (a)(3)(i), and (a)(4)(iv) to read as ‘‘H’’, offerors may not use a tank car ■ 17. In § 173.59, revise the definition of follows: with any other delimiter. ‘‘consumer firework’’ to read as follows: § 173.65 Exceptions for Division 1.4G * * * * * § 173.59 Description of terms for consumer fireworks. (e) Special requirements for explosives. (a) * * * poisonous by inhalation (PIH) * * * * * (1) The fireworks are manufactured in material—(1) Interior heater coils. Tank Consumer firework. Any finished accordance with the applicable cars used for PIH material may not have firework device that is in a form requirements in APA 87–1A (IBR, see interior heater coils. intended for use by the public that § 171.7 of this subchapter); (2) Tank car specifications. A tank car complies with any limits and * * * * * used for a PIH material must have a tank requirements of the APA Standard 87– (3) * * * test pressure of 20.7 Bar (300 psig) or 1A (IBR, see § 171.7 of this subchapter) (i) Certified that it complies with APA greater, head protection, and a metal and the construction, performance, 87–1A, and meets the requirements of jacket (e.g., DOT 105S300W), except chemical composition, and labeling this section; and that— requirements codified by the U.S. * * * * * (i) A higher test pressure is required Consumer Product Safety Commission (4) * * * if otherwise specified in this in 16 CFR parts 1500 and 1507. A (iv) Signed certification declaring that subchapter; and consumer firework does not include the device for which certification is (ii) Each tank car constructed on or requested conforms to the APA 87–1A, after March 16, 2009, and used for the firework devices, kits or components banned by the U.S. Consumer Product that the descriptions and technical transportation of PIH materials must information contained in the meet the applicable authorized tank car Safety Commission in 16 CFR 1500.17(a)(8). application are complete and accurate, specifications and standards listed in and that no duplicate applications have * * * * * §§ 173.244(a)(2) or (3) and 173.314(c) or been submitted to PHMSA. If the (d). ■ 18. In § 173.64, revise paragraphs application is denied, the Fireworks (iii) A tank car owner retiring or (a)(1) and (3) to read as follows: Certification Agency must notify the otherwise removing a tank car from manufacturer in writing of the reasons service transporting PIH material, other § 173.64 Exceptions for Division 1.3 and 1.4 fireworks. for the denial. As detailed in the DOT- than because of damage to the car, must approval issued to the Fireworks retire or remove cars constructed of non- (a) * * * (1) The fireworks are manufactured in Certification Agency, following the normalized steel in the head or shell issuance of a denial from a Fireworks before removing any car in service accordance with the applicable requirements in APA 87–1A, 87–1B, Certification Agency, a manufacturer transporting PIH materials constructed may seek reconsideration from the and 87–1C (IBR, see § 171.7 of this of normalized steel meeting the Fireworks Certification Agency, or may subchapter); applicable DOT specification. appeal the reconsideration decision of (3) Phase-out of non-normalized steel * * * * * the Fireworks Certification Agency to tank cars. After December 31, 2020, tank (3) The manufacturer applies in the PHMSA Administrator. writing to the Associate Administrator cars manufactured with non-normalized * * * * * steel for head or shell construction may following the applicable requirements ■ 20. Add § 173.67 to subpart C to read not be used for the transportation of PIH in APA 87–1A, 87–1B, and 87–1C and as follows: material. is notified in writing by the Associate (4) Phase-out of legacy tank cars. Administrator that the fireworks have § 173.67 Exceptions for Division 1.1 jet After December 31, 2027, tank cars not been classed, approved, and assigned an perforating guns. meeting the requirements of EX number. Each application must be (a) Notwithstanding the requirements §§ 173.244(a)(2) or (3) and 173.314(c) or complete and include all relevant of § 173.56(b), Division 1.1 jet (d) may not be used for the background data and copies of all perforating guns may be classed and transportation of PIH material. applicable drawings, test results, and approved by the Associate * * * * * any other pertinent information on each Administrator without prior ■ 16. In § 173.56, revise paragraph (b) device for which approval is being examination and offered for introductory text to read as follows: requested. The manufacturer must sign transportation if the following the application and certify that the conditions are met: § 173.56 New explosives—definition and device for which approval is requested (1) The jet perforating guns are procedures for classification and approval. conforms to the appropriate APA manufactured in accordance with the * * * * * Standard, that the descriptions and applicable requirements in AESC/IME (b) Examination, classification and technical information contained in the JPG Standard (IBR, see § 171.7 of this approval. Except as provided in application are complete and accurate, subchapter); §§ 173.64, 173.65, and 173.67, no person and with respect to APA 87–1A that no (2) The jet perforating gun must be of may offer a new explosive for duplicate application has been a type described in the AESC/IME JPG transportation unless that person has submitted to a fireworks certification Standard; specified to the examining agency the agency. If the application is denied, the (3) The applicant applies in writing to ranges of composition of ingredients manufacturer will be notified in writing the Associate Administrator following

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the applicable requirements in the accurate. If the application is denied, (ii) For flammable solids in Packing AESC/IME JPG Standard, and is notified the applicant will be notified in writing Group III, inner packagings not over 5.0 in writing by the Associate of the reasons for the denial. The kg (11 pounds) or 5.0 L (1.3 gallon) net Administrator that the jet perforating Associate Administrator may require capacity each, packed in a strong outer gun has been classed, approved, and that the jet perforating gun be examined packaging. assigned an EX number. Each as provided under § 173.56(b)(1). * * * * * application must be complete and (b) [Reserved] include all relevant background data, ■ 21. In § 173.151, revise paragraphs ■ 22. In § 173.244, revise the table in the applicable drawings, and any other (b)(1)(i) and (ii) to read as follow: paragraph (a)(2) to read as follows: pertinent information as described in the AESC/IME JPG Standard on each jet § 173.151 Exceptions for Class 4 § 173.244 Bulk packaging for certain perforating gun for which approval is * * * * * pyrophoric liquids (Division 4.2), dangerous being requested. The manufacturer must (b) * * * when wet (Division 4.3) materials, and sign the application and certify that the (1) * * * poisonous liquids with inhalation hazards jet perforating gun for which approval is (i) For flammable solids in Packing (Division 6.1). requested conforms to the AESC/IME Group II, inner packagings not over 1.0 * * * * * JPG Standard and that the descriptions kg (2.2 pounds) or 1 L (0.3 gallon) net (a) * * * and technical information contained in capacity each, packed in a strong outer (2) * * * the application are complete and packaging.

TABLE 1 TO PARAGRAPH (a)(2)

Authorized tank car Proper shipping name specification

Acetone cyanohydrin, stabilized (Note 1) ...... 105H500W, 112H500W Acrolein (Note 1) ...... 105H600W Allyl Alcohol ...... 105H500W, 112H500W Bromine ...... 105H500W Chloropicrin ...... 105H500W, 112H500W Chlorosulfonic acid ...... 105H500W, 112H500W Dimethyl sulfate ...... 105H500W, 112H500W Ethyl chloroformate ...... 105H500W, 112H500W Hexachlorocyclopentadiene ...... 105H500W, 112H500W Hydrocyanic acid, aqueous solution or Hydrogen cyanide, aqueous solution with not more than 105H500W, 112H500W 20% hydrogen cyanide (Note 2). Hydrogen cyanide, stabilized (Note 2) ...... 105H600W Hydrogen fluoride, anhydrous ...... 105H500W, 112H500W Poison inhalation hazard, Zone A materials not specifically identified in this table ...... 105H600W Poison inhalation hazard, Zone B materials not specifically identified in this table ...... 105H500W, 112H500W Phosphorus trichloride ...... 105H500W, 112H500W Sulfur trioxide, stabilized ...... 105H500W, 112H500W Sulfuric acid, fuming ...... 105H500W, 112H500W Titanium tetrachloride ...... 105H500W, 112H500W Note 1 to table 1 to paragraph (a)(2): Each tank car must have a reclosing pressure relief device having a start-to-discharge pressure of 10.34 Bar (150 psig). Restenciling to a lower test pressure is not authorized. Note 2 to table 1 to paragraph (a)(2): Each tank car must have a reclosing pressure relief device having a start-to-discharge pressure of 15.51 Bar (225 psig). Restenciling to a lower test pressure is not authorized.

* * * * * one section applies to a cylinder, the § 173.304 Filling of cylinders with liquefied ■ 23. In § 173.302, revise paragraph (a) most restrictive requirements must be compressed gases. to read as follows: followed. (a) General requirements. Except as provided in § 171.23(a)(3) of this § 173.302 Filling of cylinders with non- (2) Adsorbed gas. Except as provided subchapter, a cylinder filled with a liquefied (permanent) compressed gases or in § 171.23(a)(3) of this subchapter, a liquefied compressed gas (except gas in adsorbed gases. cylinder filled with an adsorbed gas solution) must be offered for (a) General requirements. (1) Except must be offered for transportation in as provided in § 171.23(a)(3) of this transportation in accordance with the accordance with the requirements of requirements of this section and the subchapter, a cylinder filled with a non- paragraph (d) of this section, and liquefied compressed gas (except gas in general requirements in § 173.301 of this §§ 173.301, and 173.302c of this subpart. In addition, a DOT solution) must be offered for subpart. UN cylinders must meet the transportation in accordance with the specification cylinder must meet the requirements in §§ 173.301b and requirement in §§ 173.301a, 173.304a, requirements of this section and 173.302b of this subpart, as applicable. § 173.301 of this subpart. In addition, a and 173.305 of this subpart, as Where more than one section applies to DOT specification cylinder must meet applicable. UN pressure receptacles a cylinder, the most restrictive the requirements in §§ 173.301a, must be shipped in accordance with the 173.302a, and 173.305 of the subpart, as requirements must be followed. requirements in §§ 173.301b and applicable. UN pressure receptacles * * * * * 173.304b of this subpart, as applicable. * * * * * must meet the requirements in ■ 24. In § 173.304, revise paragraph (a) ■ §§ 173.301b and 173.302b of this introductory text to read as follows: 25. In § 173.308, revise paragraph (d) subpart, as applicable. Where more than to read as follows:

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

TABLE 1 TO PARAGRAPH (c)

Outage and filling Authorized tank Proper shipping name limits Authorized tank car class car specification (see note 1) (see note 11) (see note 12)

Ammonia, anhydrous, or ammonia solutions >50 percent ammonia ...... Notes 2, 10 ...... 105, 112, 114, 120 ...... 105H500W, 112H500W Note 3 ...... 106 ...... Ammonia solutions with >35 percent, but ≤50 percent ammonia by mass .. Note 3 ...... 105, 109, 112, 114, 120 .... Argon, compressed ...... Note 4 ...... 107 ...... Boron trichloride ...... Note 3 ...... 105, 106 ...... Carbon dioxide, refrigerated liquid ...... Note 5 ...... 105 ...... Chlorine ...... Note 6 ...... 105 ...... 105H600W 125 ...... 106 ...... Chlorine trifluoride ...... Note 3 ...... 106, 110 ...... Chlorine pentafluoride ...... Note 3 ...... 106, 110 ...... Dimethyl ether ...... Note 3 ...... 105, 106, 110, 112, 114, 120. Dimethylamine, anhydrous ...... Note 3 ...... 105, 106, 112 ...... Dinitrogen tetroxide, inhibited ...... Note 3 ...... 105, 106, 112 ...... 105H500W Division 2.1 materials not specifically identified in this table ...... Notes 9, 10 ...... 105, 106, 110, 112, 114, 120. Division 2.2 materials not specifically identified in this table ...... Note 3 ...... 105, 106, 109, 110, 112, 114, 120. Division 2.3 Zone A materials not specifically identified in this table ...... None ...... See § 173.245...... 105H600W Division 2.3 Zone B materials not specifically identified in this table ...... Note 3 ...... 105, 106, 110, 112, 114, 105H600W 120. Division 2.3 Zone C materials not specifically identified in this table ...... Note 3 ...... 105, 106, 110, 112, 114, 105H500W 120. Division 2.3 Zone D materials not specifically identified in this table ...... Note 3 ...... 105, 106, 109, 110, 112, 105H500W, 114, 120. 112H500H Ethylamine ...... Note 3 ...... 105, 106, 110, 112, 114, 120. Helium, compressed ...... Note 4 ...... 107 ...... Hydrogen ...... Note 4 ...... 107 ...... Hydrogen chloride, refrigerated liquid ...... Note 7 ...... 105 ...... 105H600W, 112H600W Hydrogen sulfide ...... Note 3 ...... 105, 106, 110, 112, 114, 105H600W 120. Hydrogen sulfide, liquefied ...... 68 ...... 106 ...... Methyl bromide ...... Note 3 ...... 105, 106 ...... 105H500W Methyl chloride ...... Note 3 ...... 105, 106, 112 ...... Methyl mercaptan ...... Note 3 ...... 105, 106 ...... 105H500W Methylamine, anhydrous ...... Note 3 ...... 105, 106, 112 ...... Nitrogen, compressed ...... Note 4 ...... 107 ...... Nitrosyl chloride ...... 124 ...... 105 ...... 105H500W 110 ...... 106 ...... Nitrous oxide, refrigerated liquid ...... Note 5 ...... 105 ...... Oxygen, compressed ...... Note 4 ...... 107 ...... Phosgene ...... Note 3 ...... 106 ...... Sulfur dioxide, liquefied ...... 125 ...... 105, 106, 110 ...... 105H500W Sulfuryl fluoride ...... 120 ...... 105 ...... Vinyl fluoride, stabilized ...... Note 8 ...... 105 ...... Notes to table 1 to paragraph (c): 1. The percent filling density for liquefied gases is hereby defined as the percent ratio of the mass of gas in the tank to the mass of water that the tank will hold. For determining the water capacity of the tank in kilograms, the mass of 1 L of water at 15.5 °C in air is 1 kg. (the mass of one gallon of water at 60 °F in air is 8.32828 pounds). 2. The liquefied gas must be loaded so that the outage is at least two percent of the total capacity of the tank at the reference temperature of 46 °C (115 °F) for a noninsulated tank; 43 °C (110 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °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 °C (105 °F) for an insulated tank having an insulation system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential. 3. The requirements of § 173.24b(a) apply.

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4. The gas pressure at 54.44 °C (130 °F.) in any non-insulated tank car may not exceed 7⁄10 of the marked test pressure, except that a tank may be charged with helium to a pressure 10 percent in excess of the marked maximum gas pressure at 54.44 °C (130 °F.) of each tank. 5. The liquid portion of the gas at ¥17.77 °C (0 °F.) must not completely fill the tank. 6. The maximum permitted filling density is 125 percent. The quantity of chlorine loaded into a single unit-tank car may not be loaded in ex- cess of the normal lading weights nor in excess of 81.65 Mg (90 tons). 7. 89 percent maximum to 80.1 percent minimum at a test pressure of 6.2 Bar (90 psig). 8. 59.6 percent maximum to 53.6 percent minimum at a test pressure of 7.2 Bar (105 psig). 9. For a liquefied petroleum gas, the liquefied gas must be loaded so that the outage is at least one percent of the total capacity of the tank at the reference temperature of 46 °C (115 °F) for a noninsulated tank; 43 °C (110 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per de- gree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 41 °C (105 °F) for an insulated tank having an insula- tion system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °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 tem- peratures may be used: 38 °C (100 °F) for a noninsulated tank; 32 °C (90 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 29 °C (85 °F) for an insulated tank having an insulation sys- tem incorporating a metal jacket and insulation that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential. The winter reference temperatures may only be used for a tank car shipped directly to a consumer for unloading and not stored in transit. The offeror of the tank must inform each customer that the tank car was filled based on winter reference temperatures. The tank must be unloaded as soon as possible after March in order to retain the specified outage and to prevent a release of hazardous material which might occur due to the tank car becoming liq- uid full at higher temperatures. 11. For materials poisonous by inhalation, the single unit tank car tanks authorized are only those cars approved by the Tank Car Committee for transportation of the specified material and built prior to March 16, 2009. 12. Except as provided by paragraph (d) of this section, for materials poisonous by inhalation, fusion-welded tank car tanks built on or after March 16, 2009 used for the transportation of the PIH materials noted, must meet the applicable authorized tank car specification and must be equipped with a head shield as prescribed in § 179.16(c)(1).

* * * * * Note: The recommended locations for Authority: 49 U.S.C. 5101–5128; 49 CFR test specimens are depicted in Figures 1 1.81 and 1.97. PART 178—SPECIFICATIONS FOR through 5 in appendix A to subpart C ■ 31. In § 179.22, revise paragraph (e) as PACKAGINGS of part 178. follows: ■ (3) Non-refillable cylinders. Non- 27. The authority citation for part 178 § 179.22 Marking. continues to read as follows: refillable cylinders shall be inspected in accordance with Section 7 of CGA C–11 * * * * * Authority: 49 U.S.C. 5101–5128; 49 CFR (4) Inspector’s report. The inspector (e) Each tank car manufactured after 1.81 and 1.97. shall prepare a report containing, at a March 16, 2009, and before December ■ 28. In § 178.35, revise paragraphs minimum, the applicable information 28, 2020, to meet the requirements of (b)(2) and (c) as follows: listed in CGA C–11. Any additional §§ 173.244(a)(2) or (3) or 173.314(c) or (d) that is marked with the letter ‘‘I’’ in § 178.35 General requirements for information or markings that are specification cylinders. required by the applicable specification the specification marking, following the must be shown on the test report. The test pressure, shall be re-marked with * * * * * signature of the inspector on the reports the letter ‘‘W’’ with a delimeter of letter (b) * * * ‘‘H’’ at the tank car’s next qualification. (2) For DOT Specifications 3B, 3BN, certifies that the processes of (Example: DOT 105J600I would be re- 3E, 4B, 4BA, 4B240ET, 4AA480, 4L, 8, manufacture and heat treatment of marked as 105H600W.) Each new tank 8AL, 4BW, 4E, 4D (with a water cylinders were observed and found car manufactured after December 28, capacity less than 1,100 cubic inches) satisfactory. The inspector must furnish and Specification 39 (with a marked the completed test reports required by 2020 shall be marked with the letter service pressure 900 psig or lower), and this subpart to the maker of the cylinder ‘‘W’’ following the test pressure and manufactured within the United States, and, upon request, to the purchaser. The with a delimiter of ‘‘H’’. (Example: a competent inspector of the test report must be retained by the 105H600W). manufacturer. inspector for 15 years from the original test date of the cylinder. PART 180—CONTINUING (c) Duties of inspector. The inspector QUALIFICATION AND MAINTENANCE shall determine that each cylinder made * * * * * OF PACKAGINGS is in conformance with the applicable ■ 29. In § 178.521, revise paragraph specification. Inspections shall conform (b)(4) as follows: ■ 32. The authority citation for part 180 to CGA C–11 (IBR, see § 171.7 of this continues to read as follows: subchapter) except as otherwise § 178.521 Standards for paper bags. specified in the applicable specification. * * * * * Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. (1) Seamless cylinders. Seamless (b) * * * cylinders shall be inspected in (4) UN5M1 and UN5M2 multi-wall ■ 33. In § 180.209, revise paragraph accordance with Section 5 of CGA C–11. paper bags that have paper wall basis (l)(2) to read as follows: For cylinders made by the billet- weights that vary by not more than plus piercing process, billets must be § 180.209 Requirements for requalification or minus 10 percent from the nominal of specification cylinders. inspected and shown to be free from basis weight reported in the initial * * * * * piping (laminations), cracks, excessive design qualification test report. segregation and other injurious defects (l) * * * after parting or, when applicable, after PART 179—SPECIFICATIONS FOR (2) It is offered for transportation in nick and cold break. TANK CARS. conformance with the requirements of (2) Welded cylinders. Welded §§ 171.12(a)(4) or 171.23(a)(5) of this cylinders shall be inspected in ■ 30. The authority citation for part 179 subchapter. accordance with Section 6 of CGA C–11. continues to read as follows: * * * * *

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■ 34. In § 180.213, revise paragraph subchapter may not be marked with a (3) DOT Specification cargo tanks. (d)(2) to read as follows: RIN. * * * * * * * * * * § 180.213 Requalification markings. Issued in Washington, DC, on October 21, 2020, under authority delegated in 49 CFR * * * * * ■ 35. In § 180.417, revise the paragraph (a)(3) subject heading to read as follows: 1.97. (d) * * * Howard R. Elliott, (2) Exception: A cylinder subject to § 180.417 Reporting and record retention Administrator, Pipeline and Hazardous requirements. the requirements of § 171.23(a)(5) of this Materials Safety Administration. * * * * * [FR Doc. 2020–23712 Filed 11–24–20; 8:45 am] (a) * * * BILLING CODE 4910–60–P

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