Tuesday, February 2, 2010

Part II

Department of Transportation Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, et al. Hazardous Material; Miscellaneous Packaging Amendments; Final Rule

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DEPARTMENT OF TRANSPORTATION appeals may be received and as a result (NPRM) under Docket HM–231 (71 FR of PHMSA’s evaluation of these appeals, 52017) that proposed to: (1) Revise, Pipeline and Hazardous Materials the amendments adopted in this final remove, and add definitions specific to Safety Administration rule may be revised accordingly. packaging requirements; (2) amend FOR FURTHER INFORMATION CONTACT: import and export provisions to require 49 CFR Parts 171, 172, 173, 174, and Eileen Edmonson, Office of Hazardous plastic single and composite non-bulk 178 Materials Standards, (202) 366–8553, or packagings containing Division 6.1 ‘‘ ’’ [Docket No. PHMSA–06–25736 (HM–231)] Ben Moore, Office of Hazardous material to be marked POISON in Materials Technology, (202) 366–4545; conformance with § 172.313(b); (3) RIN 2137–AD89 Pipeline and Hazardous Materials Safety revise certain § 172.101 Table entries for Administration, U.S. Department of packaging requirements; (4) add and Hazardous Material; Miscellaneous Transportation, 1200 New Jersey revise certain special provisions to Packaging Amendments Avenue, SE., Washington, DC 20590– authorize the transportation of certain AGENCY: Pipeline and Hazardous 0001. hazardous materials in Large Packagings; (5) clarify shippers’ Materials Safety Administration SUPPLEMENTARY INFORMATION: (PHMSA), DOT. responsibilities for complying with I. Background packaging standards; (6) clarify ACTION: Final rule. II. Provisions Adopted in This Final Rule requirements for stacking of bulk A. Definitions SUMMARY: In this final rule, PHMSA is B. Plastic Packagings Used To Transport packages; (7) correct an error in amending packaging requirements in Poison Materials provisions applicable to intermediate the Hazardous Materials Regulations to C. Revisions to the Hazardous Materials bulk container (IBC) requirements enhance compliance flexibility, improve Table related to gauge pressure; (8) authorize clarity, and reduce regulatory burdens. D. Exceptions for Shipments of Waste the transportation of bromine residue in Materials Specifically, we are revising several cargo tanks; (9) clarify requirements E. Package Closure Instructions applicable to closure instructions for packaging related definitions; adding F. General Requirements for Bulk provisions to allow more flexibility Packagings specification packagings; (10) add when preparing and transmitting G. Reuse, Reconditioning, and exceptions for marking of steel drums; closure instructions, including Remanufacture of Packagings (11) add an exception to permit marking conditions under which closure H. Package Marking Requirements for of the UN symbol on specification instructions may be transmitted Drums packagings with a stencil; (12) amend electronically; adding a requirement for I. UN Symbol Marking general requirements for the use of J. Design-Type Variations shippers to retain packaging closure certain packaging variations; and (13) K. Selective Testing of Steel Drums add standards and provisions for the instructions; incorporating new L. Revisions to Requirements for IBCs language that will allow for a M. Large Packagings manufacture and use of Large practicable means of stenciling the ‘‘UN’’ N. Additional Revisions in This Final Rule Packagings. symbol on packagings; and clarifying a III. Regulatory Analyses and Notices Twenty-four persons submitted requirement to document the A. Statutory/Legal Authority for the comments on the NPRM. Most methodology used when determining Rulemaking supported adoption of the proposals in whether a change in packaging B. Executive Order 12866 and DOT the NPRM. Negative comments were Regulatory Policies and Procedures configuration requires retesting as a new C. Executive Order 13132 generally focused on issues related to design or may be considered a variation D. Executive Order 13175 record retention of closure instructions, of a previously tested design. This final E. Regulatory Flexibility Act, Executive documenting methodologies utilized to rule also incorporates requirements for Order 13272, and DOT Policies and determine whether packaging variations construction, maintenance, and use of Procedures achieve an equivalent level of Large Packagings. F. Unfunded Mandates Reform Act of 1995 performance to already tested packaging G. Paperwork Reduction Act DATES: Effective Date: October 1, 2010. configurations, and the definitions H. Regulation Identification Number (RIN) proposed for bulk and non-bulk Voluntary Compliance Date: I. Environmental Assessment Compliance with the requirements J. Privacy Act packaging. adopted herein is authorized as of The comments may be reviewed at March 4, 2010. However, persons I. Background http://www.regulations.gov. For voluntarily complying with these On September 1, 2006, we published convenience, a list of the commenters is regulations should be aware that a notice of proposed rulemaking provided below.

Date of letter or Name/company when received Document No.

Kathryn W. Pacha ...... 09/05/2006 PHMSA–2006–25736–2 Georgia Department of Public Safety ...... 09/25/2006 PHMSA–2006–25736–3 Regulatory Resources, Inc. (RRI) ...... 10/06/2006 PHMSA–2006–25736–4 Frits Wybenga ...... 10/09/2006 PHMSA–2006–25736–5 European Chemical Industry Council (CEFIC) ...... 10/24/2006 PHMSA–2006–25736–6 The Dangerous Goods Advisory Council (DGAC) ...... 10/26/2006 PHMSA–2006–25736–7 North American Automotive Hazmat Action Committee (NAAHAC) ...... 11/16/2006 PHMSA–2006–25736–8 Kurt Colborn ...... 11/22/2006 PHMSA–2006–25736–9 National Association of Chemical Distributors (NACD) ...... 11/22/2006 PHMSA–2006–25736–10 The Chlorine Institute, Inc ...... 11/22/2006 PHMSA–2006–25736–11 HMT Associates L.L.C ...... 11/21/2006 PHMSA–2006–25736–12 Air Products and Chemicals, Inc. (Air Products) ...... 11/29/2006 PHMSA–2006–25736–13 American Trucking Associations (ATA) ...... 11/30/2006 PHMSA–2006–25736–14

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Date of letter or Name/company when received Document No.

U.S. Department of Energy (DOE) ...... 11/30/2006 PHMSA–2006–25736–15 Crop Life America (CropLife) ...... 11/27/2006 PHMSA–2006–25736–16 C. L. Smith Company ...... 11/30/2006 PHMSA–2006–25736–17 Flexible Intermediate Bulk Container Association (FIBCA) ...... 11/30/2006 PHMSA–2006–25736–18 Reusable Industrial Packaging Association (RIPA) ...... 11/27/2006 PHMSA–2006–25736–19 Charles E. Tudor, CP–P/MH ...... 11/28/2006 PHMSA–2006–25736–20 Steel Shipping Container Institute (SSCI) ...... 11/29/2006 PHMSA–2006–25736–0022 American Promotional Events, Inc. (APE) ...... 11/30/2006 PHMSA–2006–25736–23 Greg McCanless ...... 10/12/2007 PHMSA–2006–25736–24

On December 1, 2006, we published In this final rule, we are amending the standards, and to document the method a correction to the NPRM to correct HMR to: used when determining whether a mathematical calculations under the 1. Revise the definitions for ‘‘Bulk change in packaging configuration Paperwork Reduction Act section of the packaging’’ and ‘‘Large packaging’’ to requires retesting as a new design or rulemaking. The revision changed the allow intermediate forms of may be considered a variation of a total number of annual respondents containment and add a definition for previously tested design. from 5,000 to 5,010, and the total ‘‘Strong outer packaging’’ for consistency 6. Correct an error in general IBC number of annual responses from and clarity when shipping in non- requirements related to pressure limits. specification packaging. 15,000 to 15,500 for OMB Control No. 7. Authorize the transportation of 2137–0572. 2. Revise § 172.101 Table entries to authorize the use of Large Packagings bromine residue in cargo tanks. This final rule is designed primarily for certain explosives, and revise 8. Revise requirements applicable to to enhance safety, clarify specific packaging requirements for closure instructions to permit packaging regulations and to ease and ‘‘Azodicarbonamide’’ and ‘‘Isosorbide-5- manufacturers additional flexibility enhance compliance by incorporating mononitrate.’’ when preparing and transmitting them. changes into the HMR based on 3. Add and revise special provisions 9. Permit stenciling of the UN symbol PHMSA’s own initiative and petitions to facilitate the use of Large Packagings. on specification packagings. for rulemaking submitted in accordance 4. Clarify shippers’ responsibilities with 49 CFR 106.95. We are also adding regarding package closure instructions 10. Add new Subparts P and Q to Part two new subparts to Part 178—Subpart and electronic transmission, and add 178 to authorize the manufacture, P–Large Packaging Standards, and new requirements regarding retention testing, and use of Large Packagings. Subpart Q–Testing of Large and other exceptions. This final rule also implements Packagings—to facilitate the use of these 5. Clarify shippers’ responsibilities to several revisions proposed in the NPRM packagings. comply with the HMR’s packaging based on six petitions for rulemaking:

Date of letter or Petition Name/company when received Document No. No.

Monsanto-The Agricultural Group ...... 04/16/1993 PHMSA–RSPA–1993–12657–0001 ..... P–1173 Steel Shipping Container Institute ...... 05/20/1997 PHMSA–RSPA–2002–13401–0001 ..... P–1337 The Association of Container Reconditioners ...... 05/20/1998 PHMSA–RSPA–1998–12610–0001 ..... P–1359 Steel Shipping Container Institute ...... 01/26/1999 PHMSA–RSPA–2002–13401–0001 ..... P–1371 Arch Chemicals, Inc ...... 10/01/2002 PHMSA–RSPA–2002–14130–0002 ..... P–1431 Dangerous Goods Advisory Council ...... 04/19/2005 PHMSA–2005–21091–0001 ...... P–1455

The petitions are discussed in more packaging; remove the definition for oriented packaging standards of detail in the appropriate sections of this strong outside container; and add Subparts C, L, and M of 49 CFR Part preamble. Each of these petitions may definitions for reconditioned, 178, as applicable. We proposed these be viewed at http://www.regulations.gov remanufactured, and strong outer changes to clarify the current in the docket for this rulemaking. packagings. definitions, eliminate confusion, and enhance voluntary compliance. We did II. Provisions Adopted in This Final Bulk and Non-bulk Packaging. In the not intend to change the quantity Rule NPRM, we proposed to revise the definitions for ‘‘Bulk packaging’’ and thresholds in the HMR for bulk or non- Following is a discussion of the ‘‘Non-bulk packaging’’ based on the bulk packagings. comments we received in response to particular packaging specification at The majority of commenters object to the 2006 NPRM and a detailed issue and volumetric capacity. The the proposed changes. The commenters explanation of the provisions we are proposed changes were prompted by a have the following concerns: adopting in this final rule. petition from Monsanto Company (P– 1. Applicability of the proposed A. Definitions 1173) and designed to make the definitions to cylinders. Three definitions easier to understand. In the commenters (the NACD, The Chlorine Section 171.8 contains the general NPRM, we proposed to remove the Institute, Inc., and Air Products) suggest definitions and section references that maximum net mass and water capacity that the proposed definition for ‘‘bulk apply to the HMR. In the NPRM, we limits from these definitions and replace packaging’’ could be interpreted to cover proposed to revise the definitions in this them with requirements that emphasize the DOT 3AX, 3AAX, and 3T bulk section for bulk, non-bulk, and large packaging type and the performance- cylinders. In its comments, NACD states

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that these containers have traditionally may be beneficial to harmonize with the for purposes of the HMR regardless of been considered non-bulk packagings international requirements, but believes the weight or volume of the hazardous and have been handled as such without all the consequences of such a change material contained therein. safety problems. All three commenters should be considered more fully in a In this final rule, we are removing the are concerned that this ‘‘re-definition’’ separate rulemaking. phrase ‘‘with no intermediate form of will adversely affect the transportation 4. Necessity of definitions. Two containment’’ from the definition of a of many compressed gases and could commenters (DGAC and APE) state the ‘‘bulk packaging.’’ Modifying the result in the application of regulatory definitions for bulk and non-bulk definition in this way clarifies that requirements specific to the packaging should be removed from the Large Packagings, which contain inner transportation of bulk packages to HMR. In its comments, DGAC states that packagings, are considered bulk transporters of larger chlorine cylinders, the delineation is arbitrary and that the packagings for purposes of the HMR. essentially eliminating a common terms no longer serve a useful purpose Commenters did not oppose this transportation method for transporting in regulation. APE states these terms are change. DOT 3AAX cylinders by highway. The not used in international regulations, In conjunction with our proposal to commenters also contend that this and in its experience using these terms revise the definitions for ‘‘bulk change would place a substantial is detrimental to U.S. industry and packaging’’ and ‘‘non-bulk packaging,’’ burden on shippers and users of offers no safety benefits. we proposed to define standards for chlorine with no safety justification On the other hand, Kathryn W. Pacha each specific non-bulk specification because historically these packagings states ‘‘Removal of the volumetric packaging type. We proposed to amend have had few problems in requirement from the definition could §§ 178.512 through 178.521 to specify transportation. make the application of markings, volumetric capacity may not exceed 450 2. Applicability of the proposed labels, and placards more confusing and L (119 gallons) for the following definitions to RAM. The U.S. not less.’’ Ms. Pacha supports the packaging design types: aluminum Department of Energy (DOE) is strongly volumetric limit in the current version boxes, natural wood boxes, plywood opposed to a bulk/non-bulk distinction of the HMR and stated in her comments: boxes, reconstituted wood boxes, with regard to radioactive materials ‘‘From the perspective of emergency fiberboard boxes, plastic boxes, woven (RAM) packaging. DOE states that responders, if a package looks big, it plastic bags, plastic film bags, textile packaging requirements for RAM have should be communicated as ‘‘big’’ since bags, and paper bags. The purpose was historically been based on risk and communication requirements are for to eliminate uncertainty in determining containment only, without emergency responders.’’ RIPA also if a package is a bulk package or a non- consideration for volume. DOE also opposes removing the volumetric limits bulk package. cites a previously issued interpretation in the HMR for bulk and non-bulk Commenters strongly oppose the that stated that RAM packagings are packagings because it finds the revised definitions and the revisions to generally considered non-bulk proposed definitions more confusing §§ 178.512 through 178.521. As (Reference Number: 01–0153). DOE is than the originals, and believes without discussed above, we are not adopting specifically concerned with the these volumetric definitions the the proposed definitions for non-bulk implications of bulk venting distinction between IBCs and drums and bulk packagings in this final rule. requirements and the removal of the could disappear. Similarly, we are not adopting the restriction on intermediate forms of Based on the overwhelming revisions proposed for §§ 178.512 containment in bulk packagings. DOE is opposition to the proposed definitions through 178.521. However, packaging further concerned that current for ‘‘bulk packaging’’ and ‘‘non-bulk manufacturers and shippers should be requirements restricting the venting of packaging,’’ we are not adopting the aware that packagings with a volumetric bulk packagings would prevent proposed definitions in this final rule. capacity greater than 450 liters (119 necessary venting of certain RAM Packaging manufacturers and shippers gallons) are bulk packagings regardless packagings if they are classed as ‘‘bulk.’’ should be aware that packagings with a of the weight of the hazardous material 3. Volumetric capacity limits and volumetric capacity greater than 450 contained in the packaging. Harmonization with United Nations liters (119 gallons) as a receptacle for a Strong outside container and strong (UN) Model Regulations. Nine liquid, both a maximum net capacity outer packaging. In the NPRM, we commenters state that the non-bulk greater than 450 L (119 gallons) and a proposed to remove the definition for packaging definition should be based on maximum net mass greater than 400 kg ‘‘strong outside container’’ and add a UN Model Regulations (i.e., no (882 pounds) as a receptacle for a solid, new definition for ‘‘strong outer volumetric limit for solids). These and a water capacity greater than 454 kg packaging.’’ Currently, the HMR use the commenters assert that use of the UN (1,000 pounds) as a receptacle for a gas terms ‘‘strong outside container,’’ ‘‘strong Model Regulations allows non-bulk are bulk packagings under the HMR outside packaging,’’ and ‘‘strong outer packagings with volumetric capacities regardless of the weight or volume of packaging’’ interchangeably; however, greater than 450 liters (119 gallons) the hazardous material contained there is no definition for ‘‘strong outer provided the weight does not exceed therein. See § 171.8. We want to packaging’’ or ‘‘strong outside 400 kg (882 pounds). Generally, the emphasize for packaging manufacturers packaging’’ in § 171.8. Therefore, we commenters assert that the lack of and shippers that the bulk packaging proposed to remove the wording ‘‘strong harmonized definitions places U.S. definition is based on the capacity of a outside container’’ and ‘‘strong outside companies at a competitive packaging, not on the actual amount packaging,’’ add the language from the disadvantage and appears to provide no contained in the packaging at shipment. ‘‘strong outside container’’ definition to safety benefits, while a harmonized Thus, packagings with the bulk a new definition for ‘‘strong outer standard would promote flexibility and volumetric capacity mentioned earlier packaging,’’ and add additional language cost-effectiveness. The RIPA agrees it in this paragraph are bulk packagings to the new definition as follows:

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Strong outside container vs. strong outer packaging Current Proposed

Strong outside container means the outermost enclo- Strong outer packaging means the outermost enclosure sure which provides protection against the uninten- which provides protection against the unintentional tional release of its contents under conditions nor- release of its contents. It is a packaging, which is mally incident to transportation. sturdy, durable, and constructed so that it will retain its contents under normal conditions of transpor- tation, including rough handling. In addition, a strong outer packaging must meet the general packaging re- quirements of subpart B of part 173 of this sub- chapter but need not comply with the specification packaging requirements in Part 178 of the sub- chapter. For transport by aircraft, a strong outer packaging is subject to § 173.27 of this subchapter.

Three commenters, RRI, the DGAC, PHMSA notes none of the B. Plastic Packagings Used To Transport and the NAAHAC, submitted comments commenters objected to the Poison Materials in support of the proposed new interchangeable manner in which definition. RRI and NAAHAC strongly ‘‘strong outside container,’’ ‘‘strong Section 171.23 establishes conditions support the new definition; however, outside packaging,’’ and ‘‘strong outer under which shippers may use the they disagree with the use of the phrase packaging’’ are currently used in the international standards as authorized by the HMR for shipments transported to, ‘‘including rough handling’’ following HMR. Although ‘‘strong outer from, or within the United States. Arch the long-used phrase ‘‘normal conditions packaging’’ is used the most in the HMR, Chemicals, Inc. (‘‘Arch’’) petitioned of transport’’ because it implies that to PHMSA’s knowledge, the PHMSA (P–1431) to amend this section rough handling is ‘‘normal.’’ In the interchangeable use of this wording course of transportation, packages are to reference the marking requirement in with strong outside container and strong § 172.313(b). Paragraph (b) of § 172.313 handled in a manner that can be outside packaging has resulted in little characterized as ‘‘rough.’’ Rough requires plastic single and composite or no confusion to the shipper. Further, non-bulk packagings containing handling is common and may occur any we believe that removing ‘‘strong time a package is loaded or unloaded in Division 6.1 material to be marked outside container’’ and ‘‘strong outside ‘‘ ’’ a hurried manner, shifts while in a POISON. The purpose of this marking packaging’’ from the HMR may cause is to inform persons who may wish to transport vehicle, or is dropped from a confusion for the regulated community re-use a packaging that previously height of more than a few inches (e.g., that may compromise safety, whereas contained a poisonous material that the three inches). After further adding the definition for ‘‘strong outer packaging should not be used for consideration, we have concluded that packaging’’ and a sentence at its end that foodstuffs because the poison may have adding the phrase ‘‘including rough states the three terms are permeated the packaging material. In its handling’’ is redundant and inconsistent interchangeable may clarify their petition, Arch states that, because with other HMR provisions that include meaning. Therefore, in this final rule we § 171.23 does not require compliance the phrase ‘‘normal conditions of are adding a sentence to the end of the with § 172.313, import shipments need transportation.’’ Therefore, in this final new definition for ‘‘strong outer not have this marking, creating an rule we are removing the phrase packaging’’ in § 171.8 to clarify that inconsistency in the HMR. Thus, in the ‘‘including rough handling’’ from the ‘‘strong outside container’’ and ‘‘strong NPRM we proposed to require import definition proposed in the NPRM. outside packaging’’ are synonymous in and export shipments to be marked in DGAC supports the new definition for meaning with ‘‘strong outer packaging.’’ accordance with § 172.313(b). ‘‘strong outer packaging’’ but questions Remanufactured packaging, Reused Several commenters, including Arch, the need to reference Subpart B of Part packaging, and Reconditioned oppose this proposal. Instead, they 173 and § 173.27. DGAC contends that suggest that we eliminate the domestic most strong outer packagings are used to Packaging. Currently, the HMR define ‘‘remanufactured packaging,’’ ‘‘reused marking requirement. Two commenters, transport limited quantities, the Air Products and CropLife, state the regulatory requirements for which packaging,’’ and ‘‘reconditioned packaging’’ in § 173.28. In the NPRM, we term ‘‘poison’’ is not used in already reference Subpart B. The international regulations. CropLife commenter is correct that the regulatory proposed to add a reader’s aid to § 171.8 to refer to the definitions for further states it believes the United requirements applicable to limited States should not require that ‘‘poison’’ ‘‘remanufactured packaging’’ and quantity shipments already reference be marked on foreign plastics that ‘‘reconditioned packaging’’ in § 173.28. Subpart B. However, there are a number contain these types of materials without of instances in the HMR authorizing the We did not propose a reference to evidence the requirement will achieve transportation of certain classes and ‘‘reused packaging’’ in the NPRM. RIPA measureable safety improvements. quantities of hazardous materials, other supports the addition of the reader’s Commenters also state that the current than limited quantities, in strong outer aids for ‘‘remanufactured packaging’’ requirements are outdated because packagings. Including the references to and ‘‘reconditioned packaging’’ in newer plastics have been developed Subpart B of Part 173 and § 173.27 in § 171.8, and suggests that PHMSA since § 172.313(b) was originally the definition for ‘‘strong outer should also add a reference for ‘‘reused incorporated into the HMR. The newer packaging’’ will contribute to an packaging’’ in § 171.8. We agree. In this plastics are designed so that they could increased level of regulatory compliance final rule, we are adding a reference for be filled with a poison material, by cross-referencing the requirements ‘‘reused packaging’’ in § 171.8. cleaned, and filled with a foodstuff that apply. safely.

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In this final rule we are not adopting petitioned PHMSA to amend significant additional cost associated the proposed change due to § 173.12(c). ACR states the minimum with the addition of such a requirement. overwhelming opposition to the thickness criteria specified in E. Packaging Closure Instructions proposal, including opposition from the § 173.28(b)(4) for the reuse of metal and original petitioner. Comments plastic drums and jerricans should be In accordance with § 178.2(c), a concerning elimination of the domestic applied to packagings reused for waste packaging manufacturer and subsequent marking requirement are beyond the materials under the exception in distributors of the packaging must scope of this rulemaking. PHMSA may § 173.12(c). ACR contends that provide written instructions for consider revisions to the import-export hazardous waste packagings currently assembling and closing the packaging so requirements or a proposal to the UN as excepted under § 173.12(c) should be that it will maintain its integrity during a future initiative. subject to minimum thickness criteria, transportation. However, this section The Dangerous Goods Advisory and that the inclusion of § 173.12(c) is does not specify how detailed the Council (DGAC) notes that PHMSA an oversight and was inadvertently closure instructions must be or what permits the use of the word ‘‘TOXIC’’ in incorporated into the HMR as part of they must include. Generally, we expect the place of ‘‘POISON.’’ We agree that Docket HM–181 (December 21, 1990; 55 that the closure instructions will TOXIC can be used in place of POISON FR 52401). provide for a consistent and repeatable throughout the HMR. Therefore, we are The exception in § 173.12(c) is not means of closure. For example, the not revising § 172.313 in this final rule authorized for a packaging intended to manufacturer’s closure instructions to clarify further that the HMR permit be used more than two times (initial use could specify a range of torque values the word ‘‘TOXIC’’ to be used as an and the return shipment of the waste applicable to the closure or a detailed alternative to the word ‘‘POISON.’’ product). A package may only be closure method (e.g., tighten the cap shipped under this exception once and until the bottle contacts the cap gasket C. Revisions to the Hazardous Materials must meet the following conditions: (1) and then tighten an additional 3⁄4 turn). Table It may only be transported by highway; Alternatively, the packaging and closure The Hazardous Materials Table (HMT) (2) it must be loaded by the shipper and could be designed with a stop feature of in § 172.101 lists the proper shipping unloaded by the consignee or shipped other indexing to indicate how the cap name, hazard class, and identification by a private motor carrier; (3) the should be tightened. The closure number that must be used to describe a packaging may not be offered for instructions should be consistent with hazardous material in transportation. In transportation less than twenty-four the language in the packaging test report the NPRM, we proposed several minor hours after it is finally closed for and written so the user is able to amendments to the HMT related to transportation and; (4) each package duplicate the closure method. In the packaging provisions. We received no must be inspected for leakage and found NPRM, we proposed to add language to comments on these proposals; therefore, to be free from leaks immediately prior § 178.2(c) to clarify closure instruction we are adopting them as proposed in to being offered for transportation. If the requirements. The new language this final rule. packaging is subsequently reused, it will clarifies that any closure method is We are amending the entries for be subject to the minimum thickness authorized provided that it is ‘‘Azodicarbonamide’’ and ‘‘Isosorbide-5- requirements in § 173.28(b)(4). The measurable and repeatable. mononitrate.’’ Because these materials significant restrictions of § 173.12(c) and Several commenters express concern pose similar hazards, they are best the fact that the exception may only be with this new language, suggesting that packaged in the same manner as Musk used once per packaging make it it is a significant, unnecessary, and xylene (5-tert-Butyl-2,4,6-trinitro-m- unnecessary to require a shipper to potentially costly new requirement xylene). We are changing their comply with the minimum thickness (RIPA); that it will be ineffective references for non-bulk packaging to criteria in § 173.28(b)(4). Therefore, we because closure failures, when they § 173.223. To authorize the do not believe that the packages that occur, are more likely the result of transportation of certain explosives in comply with the restrictions in human error and not closing the Large Packagings consistent with the § 173.12(c) need to comply with the package in accordance with the closure UN Recommendations, several entries minimum thickness criteria in instructions (DGAC); and that it may not for explosives are revised to read ‘‘62’’ § 173.28(b)(4). We also do not believe always be possible to employ a closure rather than ‘‘none’’ in Column (8c). We that the costs associated with the method that is ‘‘measurable’’ (FIBCA) or are also making editorial changes to the impacts of both petitioners’ requests are ‘‘repeatable’’ (RIPA). special provisions and vessel stowage commensurate with the benefits and, Comments are not correct that the requirements for these entries in the therefore, in this final rule we are proposed language requiring packagings HMT. denying their petitions. to be closed ‘‘in the same manner’’ as As proposed in the NPRM, we are Citing safety as their concern, RIPA when the package design type was revising § 173.223 for consistency with supports maintaining minimum tested is a new requirement; this is a the revised HMT entries for thickness criteria for steel and plastic longstanding regulatory requirement. ‘‘Azodicarbonamide’’ and ‘‘Isosorbide-5- drums reused for one-time shipments of The proposed revision to this section mononitrate.’’ PHMSA received no hazardous wastes under the waste was intended to clarify that packaging comments on the language change exceptions in § 173.12. RIPA suggests closure methods must be consistent and proposed in the NPRM, and will adopt that the uncertainty in characterizing repeatable, but need not necessarily these provisions as proposed. these wastes warrants more stringent require instruments such as a torque requirements for their packaging. We wrench. D. Exceptions for Shipments of Waste disagree. As we previously stated, based We are confident that manufacturers Materials on the additional provisions that must will be able to develop closure methods Section 173.12 establishes conditions be met in § 173.12(c), we concluded that for all packagings that are both for reuse of previously used packagings there will be minimal, if any, additional repeatable and measurable. The for the transportation of hazardous safety benefit as a result of an additional meaning of the term ‘‘measurable’’ will waste. The Association of Container minimum thickness requirement for this differ depending on the type of Reconditioners (ACR) (P–1328) exception and there would be packaging. For example, on a bottle

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‘‘measurable’’ could be the torque setting commenters state the proposed of closure instructions is not a common on a torque wrench or the number of requirement imposes a significant new practice. turns (or fraction thereof) past contact record retention requirement without We continue to believe that shippers with a gasket. In the case of a flexible adequate justification or underlying should retain and utilize the closure packaging, it could be the setting on a data. RIPA states it ‘‘is unaware of any instructions provided by packaging sewing device, type and grade of thread, data or other evidence developed by manufacturers to ensure these the type of glue, the location where the DOT to support its proposal. In fact, it packagings, including those with tie-off is to be placed, or pressure is quite probable that leaks from variations, are properly prepared and settings on a sealing device. We agree closures are more often the result of closed for transportation. As we stated that certain closure methods are not human error rather than the in the NPRM, a packaging may be filled measurable in the sense that they cannot unavailability of adequate closure and closed by a hazmat employee other be quantified with a number and a unit instructions.’’ RIPA suggests that if the than the individual who receives the of measure (e.g., 25 inch-pounds). proposal is adopted, the record manufacturer’s packaging closure In this final rule, we are revising retention period should be limited to instructions. Moreover, a packaging may § 178.2(c)(1)(ii) to clarify that closure 365 days and shippers should be not be filled and closed for weeks or instructions must provide for a required to retain only one current copy months after it has been sold or repeatable means of closure consistent of a manufacturer’s closure notification. otherwise transferred to the shipper. In with the means of closure used for Several commenters questioned the the absence of closure instructions, the performance testing. This change is safety benefit of retaining packaging shipper and its employees may not intended to provide additional closure instructions for 375 days. know how to properly close the flexibility to packaging manufacturers Two commenters (DOE and package. Indeed, in its comments on and allow for packagings with a simpler NAAHAC) support the proposal to proposed revisions to § 178.2(c) means of closure. ensure that the necessary closure (discussed elsewhere in this preamble), In addition, in this final rule we are instructions and supporting test DGAC states that closure failures, when amending § 178.2(c) to clarify that a documents are available and used, but they occur, are likely the result of not packaging manufacturer may transmit DOE’s request that PHMSA clarify how closing the package in an accordance the information required in this section, this proposed requirement would apply with the closure instructions. Our including closure instructions, using to gas cylinders, cargo tanks, and incident data shows that the primary electronic means instead of or in portable tanks. DOE also requests that cause of incidents involving leakage addition to making a written PHMSA simplify the retention from packages in transportation is notification. Such electronic means of requirement for variation packagings to improperly closed packages. notification may include emailed keep document retention costs at a We agree that human error often transmissions or transmission on a CD minimum. Air Products states results in leaks from closures, and we or other similar device. Permitting the precautionary labels exist on believe that use of accurate closure use of electronic means to meet the compressed gas cylinders that include instructions will result in fewer notification requirements in this section closure instructions, and questions what instances of human error. A hazmat provides manufacturers with additional benefit additional closure instructions employee’s ability to properly close a flexibility and will reduce compliance would provide. NAAHAC requests that hazardous materials packaging is costs. Note that if a manufacturer elects only the initial shipper be required to significantly compromised without the to utilize electronic measures to make provide closure instructions and manufacturer’s closure instructions. the required notifications, he must make supportive documentation, if Retention of and adherence to the a positive notification—that is, he must applicable, to the second user of the closure instructions will help to ensure email or transmit the information package. NAAHAC states ‘‘to require hazardous materials packages are closed specific to the packaging in question that all of this information be provided as the manufacturer intended, thereby and the transmission must be in a form to and maintained by [each] subsequent reducing the possibility that these that can be printed in hard copy by the shipper who has opened the package packages will leak or be breached person receiving the notification. and is reusing it would place a during transportation. This will also Referring the person receiving the significant burden on the industry.’’ The provide consistency for training. There notification to a website for the required NACD suggested, if a sufficient need can are many employees that do not perform information is not acceptable. be demonstrated for retaining the hazardous material related functions In the NPRM, we proposed to revise closure instructions, that PHMSA daily, so on the occasion when they are the shipper’s responsibilities in require each shipper to retain an on-site requested to do so, having instructions § 173.22(a)(4) to include a requirement master list of closure instructions and to use as a guide will assist them with to retain a copy of the packaging closure variations instead of those for each performing these tasks in conformance instructions provided by the packaging individual packaging to reduce the with the regulations. Therefore, we are manufacturer. As proposed, a shipper amount of paperwork. retaining this requirement and, in would be required to retain closure Underlying our NPRM proposal to response to the comments, are slightly instructions for at least 375 days. require shippers to retain packaging reducing the number of days of Current requirements specify that the closure instructions was our belief that, retention to 365 and adjusting our person transferring the packaging to the in the absence of a regulatory estimates of the compliance burden, shipper or distributor must furnish a requirement, most shippers retain including the paperwork burden, to copy of the closure instructions; closure instructions as a responsible account for the fact that most shippers however, there is no requirement for the business practice to ensure that do not currently retain closure shipper to retain the documentation. employees know how to properly close instructions. A number of commenters (RIPA, a package. We, therefore, assumed that We note that a shipper may retain DGAC, Mr. Frits Wybenga, Air Products, imposition of a regulatory requirement closure instructions in a variety of ways FIBCA, CropLife, and SSCI) oppose a would result in only a minimally that may prove cost effective. For requirement for shippers to retain increased paperwork burden. However, example, a shipper may maintain packaging closure instructions. These the commenters indicate that retention closure instructions in an electronic

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format or as part of a package of are not revising existing § 173.24b(e) in test must be marked to indicate that it guidance material for hazmat employees this final rule. We will continue to may not be stacked. For example, the who are responsible for filling and examine this issue to determine if ‘‘0’’ in the second from last position of closing packagings. Further, the closure additional rulemaking action is the following UN standard marking instructions need not be maintained in necessary. The comments we received ‘‘UN51H/Z/06 04/USA/+ZT1235/0/500’’ the precise format or wording provided on this subject in response to this indicates that the packaging must not be by the manufacturer. If a shipper rulemaking will be taken under stacked. If a number greater than zero is identifies a more effective way to consideration if we develop a future in this same position in the marking, communicate closure instructions to its rulemaking. such as the number ‘‘250’’ in the hazmat employees—such as through Air Products, ATA, CropLife, RIPA, following example ‘‘UN51H/Z/06 04/ graphical or pictorial depictions, step- and DGAC supported aligning the USA/+ZT1235/250/500,’’ the package by-step instructions, simplified stacking requirements for IBC and Large may be stacked provided the gross wording, or similar methods—a shipper Packagings with those the UN weight stacked upon it does not exceed may do so provided the substance of the Subcommittee on the Transport of this number in kilograms. Commenters closure instructions is retained. The Dangerous Goods was considering at the on this provision in the Docket No. HM– closure instructions should be retained time this NPRM was published, which 215J rules stated the new stacking in a format that will ensure that each included incorporating specific symbols symbol is easier for carriers to recognize hazmat employee responsible for to indicate if these packages could or and understand. closing the packaging to which the could not be stacked during The ATA strongly encourages PHMSA instructions apply understands the transportation. In December 2006, the to communicate this stacking instructions and can apply them UN Subcommittee adopted these requirement to carriers, who often are consistently. Therefore, in this final symbols in the 15th edition of the UN responsible for loading hazardous rule, we are adopting a requirement for Recommendations as a stacking mark materials packages. We have already shippers to retain packaging closure for IBCs packagings only that are begun incorporating information about instructions provided by the packaging manufactured, repaired, or these IBC stacking requirements in our manufacturer for at least 365 days after remanufactured on or after 1/1/2011. training programs and materials. offering the package for transportation. We’ve repeated the symbols here for However, we have not determined at We are also adopting an exception from your convenience. They are also located this time whether to require the IBC this requirement for closure instructions in the ATA’s comments (PHMSA–2006– stacking capability symbols for Large that are permanently embossed or 25736–0014). Packagings. PHMSA may consider such printed on the packaging. IBCs not capable of being stacked action in a future rulemaking. F. General Requirements for Bulk G. Reuse, Reconditioning, and Packagings Remanufacture of Packagings In the NPRM, we proposed a new In the NPRM, we proposed to clarify paragraph § 173.24b(e) to clarify that that packagings not meeting minimum bulk packagings not designated and thickness criteria may not be tested for stacking may not be stacked reconditioned or remanufactured. DGAC during transportation. In addition, we and RIPA strongly oppose this proposal. proposed adding language to clarify that Both commenters state remanufactured bulk packagings intended for stacking IBCs capable of being stacked (must packagings, such as drums and ‘‘ ’’ may not have more weight include the maximum stacking weight): jerricans, should be treated as new superimposed upon them than what is packagings under the HMR. Since newly marked on the packaging. Currently, the manufactured packagings are not subject requirements in § 173.24b(e) apply to to minimum thickness criteria, these IBCs and Large Packagings only. See commenters assert that remanufactured existing § 178.703(a)(1)(vii) and new packagings also should not be subject to § 178.903(a)(1)(vii) in this rule. The such criteria. HMR require bulk packagings designed The commenters are correct that or intended to be stacked to meet remanufactured packagings are filled stacking test requirements, either and transported in the same manner as through performance testing specifically new packagings. For this reason, prescribed in the HMR or industry In a final rule PHMSA issued on however, we believe it is critical for standards incorporated-by-reference January 14, 2009, PHMSA incorporated transportation safety that the packaging into the HMR (see § 171.7). However, these symbols for IBCs into § 178.703 of remanufacturer confirm that they are the HMR do not always require the the HMR (see Docket Nos. PHMSA– suitable for transportation. The maximum load that can be stacked on 2007–0065 (HM–224D) and PHMSA– minimum thickness criteria currently the packaging to be marked or indicated 2008–0005 (HM–215J); 74 FR 2200). prescribed in § 173.28 are designed to on the packaging in the same manner as This section requires manufacturers of prevent packagings with wall it requires this information on IBC and IBC packagings that are manufactured, thicknesses that are too thin to safely Large Packagings. Adopting the repaired, or remanufactured after 1/1/ perform their containment function language proposed in the NPRM for 2011 to mark IBCs with the appropriate from being reused, reconditioned, or § 173.24b(e) may add additional testing, symbol, and for those that successfully remanufactured. The proposed revisions marking, and paperwork activities for pass the stacking test prescribed in were intended to clarify that when a some bulk packagings that were not § 178.815 to include the weight of packaging no longer meets the previously considered under this material that may be safely stacked on minimum thickness criteria, it is no rulemaking action or that may already the packaging as part of the stacking longer suitable for reconditioning or be addressed under some other type of symbol and specification marking. A remanufacturing. However, we note that informational marking. Therefore, we packaging not subjected to a stacking this provision applies to packagings

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intended for reuse as well. Therefore, packaging is certified to the Packing packaging more than once must be we are adopting the revisions as Group II performance standard. SSCI marked in a permanent manner (able to proposed and adding reused packagings states some shippers will not accept a withstand the reconditioning process) to clarify that the minimum thickness drum marked for PG I materials if they with the minimum thickness of the provision applies to reused, are shipping PG II or III materials. SSCI packaging material. reconditioned, and remanufactured says the requested change would reduce In this final rule, we are not revising packagings. the need to test drums differently for §§ 178.3(a)(5) and 178.503(a)(10) to In § 173.35(h)(2), we are correcting an different customers, thereby reducing allow a lesser design standard to be error in the pressure limitation for metal potential inventory problems and marked on the side or top than that IBCs. Currently, paragraph (h)(2) increasing flexibility for both required on the bottom. We agree with prohibits the gauge pressure in a metal manufacturers and shippers. PHMSA the objecting commenters that this IBC from exceeding 110 kPa (16 psig) at proposed the change in the NPRM to change may result in confusion and this 50 °C (122 °F), or 130 kPa (18.9 psig) at this rulemaking. resulting confusion could impact safety, 55 °C (131 °F). Use of the term ‘‘gauge Several commenters, including RRI, especially if the correct marking pressure’’ is an error. We are correcting DOE, and RIPA, opposed the proposal. becomes separated from the container this by changing the phrase ‘‘gauge These commenters state potential (e.g., if a lid with the correct marking pressure’’ to read ‘‘vapor pressure.’’ We confusion could result from the becomes separated from the container, received no comments on this issue. presence of different performance the container is filled with a hazardous standard markings that do not appear material that has a higher packing group H. Packaging Marking Requirements for together in the same location on the rating than that marked on the side or Drums same drum. RIPA notes that dual top, or if a filled container is too heavy Under the HMR, DOT specification marking of drums in this manner would to read its highest performance rating and UN standard packagings must be be confusing, particularly because RIPA marking on its bottom surface). Further, marked with their package specification states the ‘‘official’’ certification mark for as stated earlier in this preamble, the markings as specified in §§ 178.3 and drums is the top or side mark, not the HMR already permits DOT specification 178.503. Section 178.3(a) requires that bottom mark. Once a drum is filled and and UN standard packagings to bear the marking must appear on a non- in transportation, RIPA states the only more than one specification marking if removable component of the packaging. mark that need be accessed to determine the packaging meets the requirements of Section 178.3(a)(5) requires that compliance would be the side marking. each design standard or specification, packagings with a gross mass of 30 kg Thus, the test data for the drum marked and these markings appear together and (66 pounds) or more must have their to the PG I standard on the bottom and in their entirety at each location they are original or duplicate specification the PG II or PG III standard on the side placed on the packaging. Section markings appear on the top or side of would be required to show that the 178.503(c)(2) of the HMR permits a the packaging. Section 178.3(c) states a drum passed the PG II or PG III packaging that has been reconditioned packaging that conforms to more than performance tests, not the PG I test. to bear markings that identify a different one DOT specification or UN standard Also, if the top and/or side marking is performance capability than the original may display each specification marking removed during reconditioning, RIPA tested design type of the packaging, and in its entirety at each location the suggests there is no way to accurately these markings may even be different markings appear provided the packaging trace the standard to which the drum from those permanently marked on the meets the requirements for each was originally manufactured. bottom of a drum, but these markings standard or specification. Further, under A DOT specification or UN standard may not identify a greater performance § 178.503(a)(1), UN standard markings packaging must be marked as specified capability than the original tested described in paragraphs (a)(1) through in §§ 178.3 and 178.503. Section design type. This provision permits the (a)(6) (i.e., UN symbol, identification 178.3(a) specifies that the marking of reconditioner to permanently code, performance standard, specific DOT specification or UN standard downgrade a packaging (e.g., an ‘‘X’’ gravity or mass, hydrostatic pressure, packagings shall be placed on a non- rated PG I packaging to a ‘‘Y’’ PG II and year of manufacture) and (a)(9)(i) removable component of the packaging packaging) provided the new marking (i.e., nominal thickness of packagings in an unobstructed area, and shall includes the reconditioner’s mark. This intended for reuse or reconditioning) provide adequate accessibility. The practice does not apply to new must appear in a permanent form on the HMR do not require markings to be packagings because dual marking for bottom of each new metal drum with a placed in a specific location for non- these packagings is already authorized capacity greater than 100 L (26 gallons); bulk packages with a gross weight less under the HMR. however, the markings on the top, head than 30 kg (66 pounds). For packages or side of these drums need not be with a gross mass of more than 30 kg (66 I. UN Symbol Marking permanent. pounds), as prescribed in § 178.3(a)(5), The Dangerous Goods Advisory SSCI petitioned PHMSA (P–1371) to the markings or a duplicate marking Council (DGAC) petitioned PHMSA (P– modify the marking requirements under must appear on the top or side of the 1455; Docket PHMSA–2005–22474–2) to §§ 178.3(a)(5) and 178.503(a)(10) for packaging. In accordance with allow stenciling of the United Nations packagings with a gross mass of more § 178.503(a)(1), every new metal drum symbol (UN Symbol). The HMR do not than 30 kg (66 pounds). In its petition, having a capacity of 100 L must bear the currently prohibit stenciling of the UN SSCI requests PHMSA change the HMR marks described in paragraphs (a)(1) symbol; however, the current marking to allow the duplicate marking to be a through (a)(6) and (a)(9)(i) in a requirements in § 178.503 discourage lesser design standard than that marked permanent form on the bottom. The stenciling because they do not tolerate on the bottom of the packaging. For markings on the top, head or side of even small gaps in the circle example, a packaging would be tested these packagings need not be surrounding the letters ‘‘u’’ and ‘‘n.’’ The and marked on the bottom as meeting permanent. In addition, as specified in only way to stencil the UN symbol the Packing Group I performance § 173.28(b)(4), metal and plastic drums without leaving gaps in the circle is to standard and the duplicate marking on and jerricans used as single packagings use a two-step stenciling system. DGAC the side would indicate that the or the outer packagings of composite states that a two-step process introduces

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variability, which often results in a package. The current requirements do degree to which the packaging varies smeared image. In the NPRM, we not specifically require documentation from the original tested design. In many proposed revising § 178.503 paragraphs of the methodology used to determine cases, preparation of the documentation (a)(1) and (e)(1) to include an objective that a packaging maintains an should take as little as 60 seconds. The standard under which small gaps in the equivalent level of performance. In the type and level of documentation UN symbol are permitted. We proposed NPRM, we proposed to revise necessary for demonstration of restricting the gaps to a size no greater § 178.601(g)(1) to require the person equivalent level of performance will be than ten percent of the circumference of making a change to a packaging design based on the change made to the the circle and the number of gaps to no under the provisions of Variation 1 to packaging. In addition, we are not more than three to ensure that the document the methodology used to specifying a format or detailed examples symbol will remain readily identifiable. demonstrate equivalent performance. to provide flexibility to the person Three commenters (RIPA, Charles E. Air Products and DGAC do not making the certification. Documentation Tudor, and SSCI) support the proposal. support the proposed amendment to may be copies of specification sheets However, the commenters suggest that document an equivalent level of from the original packaging component PHMSA adopt a more performance- performance. They both state the and the substituted component along based approach and permit a stenciled proposed text suggests that a detailed with a brief explanation of why they are mark so long as it is legible and readily analysis would be required and that similar and the name of the individual identifiable. Specifying the permissible such a detailed analysis would negate who made that determination. If the number, size, and placement of gaps in the benefits currently derived from person certifying compliance with the symbol allows any person to using the variation. DGAC states that it § 178.601(g)(1) has a copy of the original determine whether his or her stencil is not aware of any incidents stemming test report, he or she may hand-write a meets the standard without a case-by- from substituted inner packaging under few sentences on the report itself in case regulatory determination by Variation 1. Air Products also states the association with the substituted PHMSA. Another commenter, the proposed amendment will create component explaining what was DGAC, recommends PHMSA adopt a disharmony with international changed and why the packagings are similar approach to that of the UN standards and constitutes a significant significantly similar. For example, if a Subcommittee, which considered increase in paperwork requirements. person is substituting a plastic bottle stenciling the UN symbol mark RIPA does not oppose the new used as an inner receptacle with one acceptable without establishing any requirement, but asks that PHMSA take from a different manufacturer, he or she specific provisions on stenciling. The steps to make sure the paperwork would describe why the packages are of DGAC also supports adding language to burden isn’t substantial, and that similar design; similar thread types, permit a stenciled UN mark if it is existing combination packagings that same or smaller closure, same type and identifiable from a normal reading are already authorized be grandfathered grade of plastic, and who made these distance, which it states can be implied for compliance purposes. determinations. If the person certifying from a letter of clarification PHMSA NAAHAC strongly supports the compliance with the variation chooses issued on another type of marking proposed changes stating ‘‘This clarifies to perform tests on the components as process when it was the Research and the process that the package designer/ a means of comparison, he or she could Special Programs Administration. If tester must use in certifying the choose to describe the tests and the PHMSA does retain the regulatory packaging.’’ The C. L. Smith Company results. Because testing is not a language to permit stenciling, the DGAC supports PHMSA’s proposed changes requirement for determining an recommends that the proposed but suggests we provide more detailed equivalent level of performance, the test requirements in paragraphs guidance on how to determine whether description could be as detailed as § 178.503(e)(1)(ii)(A) through or not a packaging meets the ‘‘equivalent needed by the person certifying (e)(1)(ii)(D) be removed. level of performance’’ standard, compliance for their complete In this final rule, we are adopting the especially for plastic inner packagings understanding of the test results. proposal to permit the UN symbol to be which vary widely in performance Based on comments to the NPRM, in stenciled on a packaging. In response to based on variations in the type and this final rule we are revising the Charles E. Tudor’s comments, we are amount of ingredients used to make proposed language. The language in the modifying the proposed standard to these packagings (e.g., colorants, NPRM was ambiguous regarding a allow four gaps in the circle, and we are additives, and regrind materials), as shipper’s responsibilities versus the adopting a total gap size no greater than well as manufacturing processes and responsibilities of the manufacturer. 15 percent of the circumference of the cooling rates. The C. L. Smith Company PHMSA did not intend to imply that a circle to accommodate the fourth break also asks what kind of data would be manufacturer need only document in the circle. Consistent with this sufficient to show an equivalent level of changes made in accordance with revision, in this final rule we are safety without having to retest the Variation 1 and shippers must revising § 178.703 (a)(1)(i) to authorize packaging. document changes made to a packaging stenciling of the UN symbol for IBCs. It is not our intention to impose design in accordance with any variation. analysis and documentation For consistency with § 178.601, PHMSA J. Design-Type Variations requirements that would negate the is clarifying that the supporting Current § 178.601(g)(1) provides benefits currently realized from utilizing documentation for equivalent level of exception ‘‘Variation 1’’ that allows a the packaging variations, nor do we performance is only applicable to person to substitute an inner receptacle believe that a requirement to document Variation 1. without additional testing to the methodology used to determine demonstrate compliance with the equivalent performance of the variation K. Selective Testing of Steel Drums applicable performance standard if it to the originally tested packaging will SSCI petitioned PHMSA (P–1337) to can be determined that the substitute result in a significantly increased make several changes to the provisions inner packaging, including its closure, regulatory burden. We agree that, in in § 178.601(g)(8), which apply to the maintains an equivalent level of general, the supporting documentation approval of selective testing of steel performance as the originally tested may be minimal depending on the drums that differ in minor respects from

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a tested type of drum. The changes proposed to allow bags between 50 kg specifications for flexible IBCs. Two proposed by SSCI would allow drums and 400 kg to be manufactured and commenters (Kurt Colborn and FIBCA) with capacities between 12 and 50 liters tested under IBC standards in Subparts support the addition of a second drop (3 and 13 gallons, respectively) to be N and O of Part 178. FIBCA, in support test requirement for IBCs. FIBCA states excepted from re-testing design types of the proposed change, stated that it is that the second drop test proposed is found under § 178.601(g)(8). important to address flexible packagings consistent with approvals that have We are revising § 178.601(g)(8) to between 50 kg and 400 kg. At this time been issued by the DOT. One allow drums with a capacity of 12 liters we are incorporating the change to commenter (RIPA) is opposed to a or more to take advantage of the flexible IBC allowing smaller IBCs. We second drop test because it applies only exception from further design testing received numerous comments in to flexible IBCs and, in RIPA’s view, is under certain conditions. Commenters support of eliminating the limit for all arbitrary and is inadequate from a safety generally support this proposal as or certain IBCs and Large Packagings. perspective. reducing costs without compromising We are continuing to research to The additional drop test is not an safety. determine if we should eliminate the arbitrary requirement. Non-bulk The NPRM proposed a list of changes lower limit for all IBCs. The comments packagings are handled in for which design testing would be received in response to this rulemaking transportation in a different manner required, such as a change from straight- will be taken under consideration if we than IBCs. Often loading and unloading sided to tapered, a change to the rated develop a future rulemaking. of a transport vehicle is performed capacity and outside dimensions, a We proposed moving the lower limit without the use of a mechanical change to the type of side seam welding for IBCs currently in the definition of handling device such as a fork lift or or type of steel used, and changes in the ‘‘Body’’ in § 178.700 to the individual hoist. Non-bulk packages are more locations in the type, size, and locations standards in §§ 178.705 through likely to be dropped while in of closures. As proposed in the NPRM, 178.710. These are more appropriate transportation. Over the past ten years, for UN 1A2 drums, a change in the sections for the lower limit and will when issuing an approval in accordance width of lugs or extensions in the result in better understanding of the with § 178.801(i), we have imposed an crimp/lug cover would necessitate individual IBC specifications. In additional drop test for non-bulk design testing of the drum. SSCI addition, we proposed to authorize capacity IBCs. Therefore, we are suggests that minor modifications smaller flexible IBCs in § 178.710 by incorporating this additional drop test dealing with the width of lugs or decreasing the limit to 50 kg. Several in § 178.810. The net effect of this extensions in a crimp/lug cover relate to commenters supported lowering the revision is to eliminate the need to making a package more user-friendly quantity limit for flexible IBCs. obtain an approval. and should not be considered a different Commenters did not remark on moving We proposed revising the stacking test design type so long as the package these provisions to individual for IBCs prescribed in § 178.815 by performance is repeatable as tested. We standards. Therefore, we are decreasing adding a new paragraph (e)(4) to specify disagree. Historically, modest changes the lower limit for flexible IBCs to 50 kg the passing criteria for the dynamic in the size and style of the materials and and retaining the 400 kg lower limit for compression test after application of the closures for a hazardous materials rigid IBCs. required load include (1) no permanent package have produced changes in that Two commenters (DGAC and FIBCA) deformation that would render the IBC packaging’s test results. Therefore, oppose a lower volumetric limit for or its base pallet unsafe, and (2) PHMSA is incorporating the language as IBCs; they suggest there should be no maximum deflection may not exceed proposed. lower limit on any IBC design type. one inch. We received no comments on PHMSA has issued numerous DGAC contends this would provide this proposal. We are adopting this approvals to manufacturers authorizing consistency with the UN Model revision in the final rule as a the use of fewer than eighteen test Regulations allowing manufacturers to clarification of existing requirements. samples. As proposed in the NPRM, we construct IBCs to non-bulk sizes. For In the NPRM, we proposed that are revising § 178.601(k) to authorize a example, a shipper would have the § 178.819 be revised to clarify IBCs lesser quantity of test samples used in choice between a 4G or an 11G intended to contain liquids be permitted testing of stainless steel drums. We are packaging when choosing a non-bulk to use water as the filling material for a adding the provisions found in these box. In the NPRM, we did not propose vibration test, and that an IBC sample be approvals to § 178.601(k). PHMSA to remove the existing lower volumetric placed on a vibrating platform with a received no comments on the proposed limit for IBCs other than flexible IBCs, vertical or rotary double-amplitude of language change to this section as but we did invite comment on this issue one inch. One commenter (RIPA) proposed in the NPRM. for discussion for a future rulemaking. addressed this issue. The commenter We are not implementing a change in supports both proposals. Therefore, we L. Revisions to Requirements for IBCs this final rule to the lower limit of all are revising subparagraph (b)(1) to In the NPRM, we proposed to revise IBCs. However, we are lowering the clarify that water is a suitable test filler the lower volumetric limit for flexible limit on FIBCs as proposed in the material for the vibration test, and IBCs (FIBCs). In Docket HM–181E (59 NPRM. The change to the language in subparagraph (b)(2) to clarify that these FR 38068), published July 26, 1994, we these sections does not constitute a testing provisions are permitted and to defined ‘‘Body’’ as having a lower limit change in the HMR. IBCs have always provide additional options when of 450 liters, thus precluding the had a lower volumetric limit under the performing the vibration test. In manufacture of IBCs with a volume of HMR. paragraph (b)(2), we clarify that a less than 450 L. In reviewing the HMR, In the NPRM, we proposed requiring vibrating platform may be used that will we have identified a gap in the in § 178.810 a second drop test for IBCs produce vertical or rotary double- allowable packaging specifications for with a capacity of 0.45 cubic meters amplitude. flexible packagings with a capacity (15.9 cubic feet) or less in combination between 50 kg and 400 kg (i.e., with the proposal to remove the lower M. Large Packagings specification non-bulk bags may not limit of 450 liters (119 gallons) and 0.45 Large Packagings are currently exceed 50 kg). To remedy this gap, we cubic meters (15.9 cubic feet) from the authorized for the transportation of

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hazardous materials if approved by the flexibility. We do not agree that a that Large Packagings should be Associate Administrator for Hazardous separate table is necessary at this time. addressed differently than IBCs in the Materials Safety. In the NPRM, we We may reassess the need depending on HMR. In the HMR we spell out specific proposed to remove the approval future rulemaking actions in this area. standards that must be met. These requirement and add two new subparts Placarding. General provisions for standards include requirements that a (P and Q) to Part 178 for the design, placarding of bulk packagings require package must be inspected prior to construction, and testing of Large bulk packagings, including IBCs, to be offering for transportation to ensure that Packagings. Adding the manufacture, placarded on each side and each end for there are no leaks, that no hazardous testing and use requirements into the a total of four placards. In accordance material is on the external surface of the HMR provides additional flexibility and with an exception in § 172.514, a packaging, and that the package does effectively removes the need to apply shipper may choose to placard an IBC not have sharp or protruding objects for an approval to manufacture and use and certain other bulk packagings on that may puncture it or other packagings these packagings in the United States. two opposite sides or label the IBC in in transport. The intention of this The design, construction and testing accordance with Part 172, Subpart E. In rulemaking in regard to Large requirements are based on the UN this final rule, we are adding, as Packagings was not to make a major Recommendations on the Transport of proposed in the NPRM, Large change in packaging requirements, but Dangerous Goods, Thirteenth Revised Packagings to the types of packagings rather to incorporate Large Packagings Edition (2003); Chapter 6.6 that may be placarded on only two into the HMR. IBC and non-bulk Requirements for the Construction and opposite sides or labeled instead of packaging standards are based on the Testing of Large Packagings. The placarded. We received no comments UN Model regulations with minor regulatory layout and language is regarding the proposed revisions to this alterations for safety and consistency modeled on the current requirements for section. with domestic practices. In this final IBCs. We also proposed a number of Operational requirements. In the rule, we are adopting the operational other changes to the HMR to authorize NPRM, we proposed a new § 173.36 to requirements proposed in the NPRM. the use of Large Packagings for the specify operational requirements for the use of Large Packagings. This section Two commenters (DGAC and APE) transportation of specific hazardous state that the vibration testing materials and to specify operational addresses the Large Packaging filling requirement for all Large Packagings requirements. limits and procedures. Specifically, we should be a ‘‘capability’’ rather than an Special provisions. Section 172.102 proposed to require Large Packagings to defines special provisions for entries in be stowed with closures upright for actual test because the inner packagings the Hazardous Materials Table (HMT). liquid cargoes, and inner packagings in perform a cushioning function. APE also In paragraph (c)(4) introductory text and Large Packagings to be packed, secured, objects to requiring a vibration test for in Table 1, the HMR authorize the use and cushioned to prevent breakage or Large Packagings, stating this represents of IBCs for entries that reference certain leakage during transportation. In an additional cost burden for the U.S. IB Special Provisions (e.g., IB3). To addition, we proposed conditions under industry as compared to their authorize the use of Large Packagings which Large Packagings may be reused. international competitors because the we proposed to revise paragraph (c)(4) We also proposed to require that no UN Recommendations do not require to include provisions for Large hazardous material be on the outside of that these packagings be subject to this Packagings. In this section, we also Large Packagings during transportation, test, especially those containing inner proposed to restrict the use of Large and that Large Packagings be securely packagings and articles. A Large Packagings to Packing Group III fastened to or contained within a Packaging, other than a flexible Large materials, with the exception of the transport unit. Further, we proposed to Packaging, is similar in design to an following PG II entries, which are prohibit the use of inner packagings IBC, and subject to similar packaging authorized via a new Special Provision made of paper or fiber in Large design stresses and opportunities for 41: ‘‘UN 2531, Methacrylic acid, Packagings used to transport solids that failure. We believe the vibration test is stabilized’’ and ‘‘UN 3291, Regulated could become liquid during an essential component for assessing the medical waste, n.o.s.’’ These two transportation, and we proposed to integrity of an IBC packaging and a Packing Group II entries are authorized require inner packagings in Large Large Packaging, therefore, in this final consistent with the UN Packagings used to transport liquids to rule are requiring a Large Packaging to Recommendations. We did not receive be resistant to internal pressure releases pass a vibration test as well. We agree any comments on the proposal to likely to be encountered during with the commenters that, like an IBC, authorize these two Packing Group II transportation. Finally, we proposed to a Large Packaging may be used as a materials for transportation in Large limit the capacity of Large Packagings single or combination packaging, and Packagings. used to transport hazardous materials to that inner packagings, when used, may Consistent with the decision to a maximum of 3 cubic meters, and we provide some cushioning. However, the authorize the use of Large Packagings proposed conditions under which Large degree to which these packagings can we are adopting the revisions to Special Packagings could be used to transport provide cushioning depends greatly on Provisions IB3 and IB8. The revised more than one hazardous material. their structure and content, which can language specifies that Large Packagings DGAC and CropLife oppose the new vary greatly. Because the use of inner are authorized when a table entry § 173.36 for Large Packagings on the packagings is not mandatory in Large specifies Special Provision IB3 or IB8. grounds that they would prefer Large Packagings, and because inner We are inserting a new Table 3 Packagings be treated as they are in the packagings cannot be relied upon to authorizing Large Packagings and UN Model Regulations. provide a consistent level of cushioning, revising Table 1 so that IB3 and IB8 All the provisions for Large we believe the vibration test is reference the new Table 3. Packagings in this rulemaking that differ necessary to assist us with determining One commenter, (Charles E. Tudor) from international requirements are the performance capability of a Large states that we should authorize Large consistent with the current HMR Packaging in transportation. Therefore, Packagings through a separate Special provisions for non-bulk combination in this final rule we are requiring the Provision table to allow for future packagings and IBCs. We do not believe vibration test to be performed and

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documented for Large Packagings, other language change to this section. packagings in the United States, than flexible Large Packagings. Therefore, in this final rule, it is resulting in a reduction in cost to the In the NPRM, we proposed to revise adopted as proposed in the NPRM. regulated community. This final rule § 173.62 to authorize Large Packagings also includes amendments to require V. Rulemaking Analysis and Notices for the transportation of certain Large Packaging manufacturers to keep explosives. One commenter (Charles E. A. Statutory/Legal Authority for This records for the qualification of each Tudor) suggests that the HMR should Rulemaking design type and for each design authorize the use of Large Packagings to This final rule is published under requalification. We expect this transport additional explosives that recordkeeping requirement will apply to authority of 49 U.S.C. 5103(b), which have a very low mass. APE urges fewer than 10 regulated entities. Thus, authorizes the Secretary of PHMSA to permit consumer fireworks the overall impact of this requirement Transportation to prescribe regulations be transported in UN 50G Large will be minimal and will be more than for the safe transportation, including Packagings. The commenters did not offset by the additional flexibility and security, of hazardous materials in submit safety data or information to administrative cost savings provided by intrastate, interstate, and foreign demonstrate that consumer fireworks or the elimination of current approval commerce. This final rule adopts other low-mass explosives may be provisions. transported safely in Large Packagings. regulations to enhance the safe and Currently under the HMR, a person Absent such data, we cannot support a secure transportation of hazardous certifying that a packaging meets the broad authorization for the use of Large materials by aircraft in intrastate, construction and testing requirements Packagings to transport explosive interstate, and foreign commerce. This for UN standard packaging must retain materials. Therefore, in this final rule, notice revises miscellaneous HMR documentation relative to the: (1) Name we are adopting the provisions for the requirements applicable to hazardous and address of the packaging use of Large Packagings for the materials packaging. manufacture and testing facility; (2) transportation of certain explosives B. Executive Order 12866 and DOT material of construction; (3) capacity, without change. Regulatory Policies and Procedures dimensions, closures, and method of In the NPRM, we proposed to amend closures; and (4) test results. However, §§ 173.240 through 173.242 to authorize This final rule is a non-significant all of the record retention requirements Large Packagings for the transportation regulatory action under section 3(f) of associated with UN standard packaging of certain hazardous materials and to Executive Order 12866 and, therefore, is certification are currently spread out clarify that Large Packagings are not not subject to formal review by the throughout the HMR. Therefore, this authorized for Packing Group I or II Office of Management and Budget. This amendment should not result in any materials. We received no comments on final rule is considered non-significant substantial cost impacts on the the proposed changes. Therefore, we are under the Regulatory Policies and regulated community. adopting them without change in this Procedures of the Department of We are also revising the HMR to final rule. Transportation (44 FR 11034). require shippers to maintain a copy of As indicated above, we proposed to The cost impacts of the changes in the manufacture notification provided add Subparts P and Q to Part 178 to this rulemaking are expected to be to them by the packaging manufacture, specify design, construction, and testing minimal. Many of the amendments in and to provide guidance to packaging requirements for Large Packagings. Most this rulemaking are intended to clarify manufacturers on how to instruct commenters support the addition of current regulatory requirements specific shippers to effectively assemble and these subparts. Therefore, we are to the construction and use of close packagings. As a result of adopting them as proposed in the packagings and do not impose any comments to the notice of proposed NPRM. additional costs on the regulated rulemaking, these amendments have community. The most significant been modified to allow more flexibility N. Additional Revisions in This Final changes in the final rule relate to: (1) to packaging manufacturers and to allow Rule The manufacture, testing and use of a for packagings with a simpler means of Under Docket HM–215G (69 FR new packaging category called ‘‘Large closure for the end user. Therefore, 76043), published on December 20, Packagings’’; (2) the information these amendments should not result in 2004, we revised § 173.249(c) to required to be contained in a packaging significant cost impacts to the regulated authorize the return of portable tanks test report prepared by the person community. containing a residue of bromine. In this certifying compliance with the HMR; (3) This final rule is designed to increase final rule, we are revising paragraph (b) requiring shippers to maintain a copy of the clarity of the HMR, thereby to authorize the transportation of the manufacture notification already enhancing voluntary compliance with bromine residue in cargo tanks to provided to them by the packaging existing regulatory requirements while facilitate the return of empty cargo tanks manufacture in accordance with current reducing compliance costs. Enhanced with a bromine residue. PHMSA regulations; and (4) providing guidance voluntary compliance by the regulated received no comments on the proposed to packaging manufacturers on how to community improves overall safety. In language change to this section; in this instruct shippers to effectively assemble addition, we anticipate many changes final rule, it is adopted as proposed in and close packagings. contained in this rule will have the NPRM. A ‘‘Large Packaging’’ is a type of economic benefits. For example, the We are changing the section heading packaging design authorized by the UN final rule broadens the scope of several and paragraph (a) of § 174.63, which Recommendations but currently only packaging exceptions, which describes rail specific operational authorized in the HMR through an manufacturers and shippers may use to requirements for Portable tanks, IM approval. Adding the manufacture, reduce transportation costs. Moreover, portable tanks, IBCs, cargo tanks, and testing and use requirements for this the incorporation of Large Packaging multi-unit tank car tanks, to indicate packaging into the HMR provides specifications into the HMR will that the requirements in this section additional flexibility and effectively eliminate the need for shippers to obtain also apply to Large Packagings. PHMSA removes the need to apply for an an approval from PHMSA to use Large received no comments on the proposed approval to manufacture and use these Packagings, thus increasing flexibility

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and reducing transportation costs. issuance of the final rule and not later G. Paperwork Reduction Act Finally, incorporation of the Large than two years after the date of issuance. Under the Paperwork Reduction Act Packaging specifications into the HMR This effective date of preemption is 90 of 1995, no person is required to and adoption of other provisions days after the publication of this final respond to an information collection intended to align the HMR with rule in the Federal Register. unless it has been approved by OMB international standards will promote D. Executive Order 13175 and displays a valid OMB control better understanding of the regulations, number. PHMSA currently has increased industry compliance, and the This final rule has been analyzed in approved information collections under smooth flow of hazardous materials in accordance with the principles and OMB Control No. 2137–0018, transportation. criteria contained in Executive Order ‘‘Inspection and Testing of Portable C. Executive Order 13132 13175 (‘‘Consultation and Coordination Tanks and Intermediate Bulk with Indian Tribal Governments’’). Containers,’’ expiring on October 31, This final rule has been analyzed in 2010; OMB Control No. 2137–0034, accordance with the principles and Because this final rule does not have tribal implications and does not impose ‘‘Hazardous Materials Shipping Papers criteria contained in Executive Order and Emergency Response Information,’’ ‘‘ ’’ direct compliance costs, the funding 13132 ( Federalism ). This final rule expiring on May 31, 2011; OMB Control preempts State, local, and Indian tribe and consultation requirements of Executive Order 13175 do not apply. No. 2137–0557, ‘‘Approvals for requirements, but does not impose any Hazardous Materials,’’ expiring on June regulation with substantial direct effects E. Regulatory Flexibility Act, Executive 30, 2011; and OMB Control No. 2137– on the States, the relationship between Order 13272, and DOT Procedures and 0572, ‘‘Testing Requirements for Non- the national government and the States, Policies Bulk Packaging,’’ expiring on March 31, or the distribution of power and 2010. This final rule will result in an responsibilities among the various The Regulatory Flexibility Act (5 increase in annual burden and costs levels of government. Therefore, the U.S.C. 601 et seq.) requires an agency to under OMB Control No. 2137–0034 and consultation and funding requirements review regulations to assess their impact OMB Control No. 2137–0572. of Executive Order 13132 do not apply. on small entities. An agency must PHMSA will submit revised The Federal Hazardous Materials conduct a regulatory flexibility analysis information collections to the Office of Transportation Law, 49 U.S.C. 5101– unless it determines and certifies that a Management and Budget (OMB) for 5127, contains an express preemption rule is not expected to have a significant approval based on the amendments provision (49 U.S.C. 5125(b)) impact on a substantial number of small adopted in this final rule. Specifically, preempting State, local, and Indian tribe entities. This final rule amends this final rule identifies an increase in requirements on the following subjects: miscellaneous packaging provisions in annual burden and costs under OMB (1) The designation, description, and the HMR to clarify provisions based on Control No. 2137–0018 which is being classification of hazardous materials; our own initiatives and also on petitions (2) The packing, repacking, handling, offset by a reduction in burden under labeling, marking, and placarding of for rulemaking. While maintaining OMB Control No. 2137–0557 because of hazardous materials; safety, it relaxes certain requirements. the conversion of several approval (3) The preparation, execution, and Many of the amendments in this provisions for packagings into the HMR. use of shipping documents related to rulemaking are intended to clarify These amendments will necessitate a hazardous materials and requirements current regulatory requirements specific revision to the title of OMB Control No. related to the number, contents, and to the construction and use of non-bulk 2137–0018 to ‘‘Inspection and Testing of placement of those documents; and bulk packagings and do not impose Portable Tanks, Intermediate Bulk (4) The written notification, any additional costs on small entities. Containers, and Large Packagings.’’ In recording, and reporting of the This final rule has been developed in addition, due to comments received in response to the notice of proposed unintentional release in transportation accordance with Executive Order 13272 rulemaking, we have revised the total of hazardous material; or (‘‘Proper Consideration of Small Entities information collection burden for OMB (5) The design, manufacture, in Agency Rulemaking’’) and DOT’s Control No. 2137–0034 and OMB fabrication, marking, maintenance, procedures and policies to promote Control No. 2137–0572 as follows: recondition, repair, or testing of a compliance with the Regulatory packaging or container represented, Flexibility Act to ensure that potential OMB Control No. 2137–0034, marked, certified, or sold as qualified impacts of draft rules on small entities ‘‘Hazardous Materials Shipping Papers for use in transporting hazardous are properly considered. The changes in and Emergency Response Information’’ material. this final rule will enhance safety, and This final rule addresses covered Total Annual Number of I certify that this proposal, if subject items 1, 2, 3, and 5 above. This Respondents: 250,000. promulgated, would not have a rule preempts any State, local, or Indian Total Annual Responses: 260,000,000. significant economic impact on a Total Annual Burden Hours: tribe requirements concerning these substantial number of small entities. 6,500,000. subjects unless the non-Federal Total Annual Burden Cost: requirements are ‘‘substantively the F. Unfunded Mandates Reform Act of $6,510,000. same’’ as the Federal requirements. 1995 Federal hazardous materials OMB Control No. 2137–0572, ‘‘Testing transportation law provides at This final rule does not impose Requirements for Non-Bulk Packaging’’ § 5125(b)(2) that, if DOT issues a unfunded mandates under the Total Annual Number of regulation concerning any of the Unfunded Mandates Reform Act of Respondents: 5,010. covered subjects, DOT must determine 1995. It will not result in costs of $120.7 Total Annual Responses: 15,500. and publish in the Federal Register the million or more, in the aggregate, to any Total Annual Burden Hours: 32,500. effective date of Federal preemption. of the following: State, local, or Native Total Annual Burden Cost: $812,500. The effective date may not be earlier American tribal governments, or the Please direct your requests for a copy than the 90th day following the date of private sector. of this information collection to

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Deborah Boothe (PHH–11) or T. Glenn nuclear properties. The hazardous We have reviewed the risks associated Foster (PHH–12), Office of Hazardous material regulatory system is a risk with adopting the miscellaneous Materials Standards, Pipeline and management system that is prevention- amendments in this rule. The Hazardous Materials Safety oriented and focused on identifying a amendments in this rulemaking are Administration (PHMSA), U.S. safety hazard and reducing the intended to clarify existing Department of Transportation, 1200 probability and quantity of a hazardous requirements concerning the New Jersey Avenue, SE., Washington, material release. Hazardous materials construction and use of non-bulk and DC 20590–0001. are categorized by hazard analysis and bulk packagings, such as requiring the experience into hazard classes and shipper to maintain a copy of a hazmat H. Regulation Identifier Number (RIN) packing groups. The regulations require packaging’s closure instructions for 365 A regulation identifier number (RIN) each shipper to classify a material in days (unless the instructions are is assigned to each regulatory action accordance with these hazard classes permanently embossed or printed on the listed in the Unified Agenda of Federal and packing groups; the process of packaging) and adopting requirements Regulations. The Regulatory Information classifying a hazardous material is itself for UN standard Large Packagings Service Center publishes the Unified a form of hazard analysis. Further, the (removing the need for an approval). Agenda in April and October of each regulations require the shipper to The amendments also involve minor year. The RIN number contained in the communicate the material’s hazards changes to existing regulations that will heading of this document may be used through use of the hazard class, packing permit additional flexibility, such as to cross-reference this action with the group, and proper shipping name on the permitting the UN symbol to be Unified Agenda. shipping paper and the use of labels on stenciled on packagings, clarifying packages and placards on transport I. Environmental Assessment definitions, and not requiring vehicles. Thus, the shipping paper, international plastic packagings to bear The National Environmental Policy labels, and placards communicate the a domestic mark currently required Act (NEPA), 42 U.S.C. 4321–4375, most significant findings of the under § 172.313(b). The requirements in requires federal agencies to analyze shipper’s hazard analysis. A hazardous this rulemaking will reduce confusion regulatory actions to determine whether material is assigned to one of three and enhance voluntary compliance, the action will have a significant impact packing groups based upon its degree of thereby reducing the likelihood of on the human environment. The hazard—from a high hazard Packing deaths, injuries, property damage, Council on Environmental Quality Group I to a low hazard Packing Group hazardous materials release, and other (CEQ) regulations order federal agencies III material. The quality, damage adverse consequences of incidents to conduct an environmental review resistance, and performance standards involving the transportation of considering (1) The need for the action, of the packaging in each packing group hazardous materials. We have (2) alternatives to the action, (3) are appropriate for the hazards of the determined there will be no significant environmental impacts of the action and material transported. environmental impacts associated with alternatives, and (4) the agencies and Releases of hazardous materials, this final rule. persons consulted during the whether caused by accident or Consultation and Public Comment. As consideration process. 40 CFR deliberate sabotage, can result in discussed above, PHMSA published an 1508.9(b). explosions or fires. Radioactive, toxic, NPRM to solicit public comments on Purpose and Need. As discussed infectious, or corrosive hazardous our proposal. A total of 24 persons elsewhere in this preamble, this final materials can have short- or long-term submitted comments, including rule is intended to clarify existing exposure effects on humans or the industry associations, shippers, carriers, requirements, enhance flexibility, and environment. Generally, however, the federal and State agencies, and private reduce compliance burdens. The hazard class definitions are focused on citizens. revisions will reduce confusion and the potential safety hazards associated promote safety. with a given material or type of material J. Privacy Act Alternatives. PHMSA considered the rather than the environmental hazards Anyone is able to search the following alternatives: of such materials. electronic form for all comments No action—Under this alternative, we Under the HMR, hazardous materials received into any of our dockets by the would not attempt to revise HMR may be transported by aircraft, vessel, name of the individual submitting the packaging requirements. This rail, and highway. The potential for comments (or signing the comment, if alternative does not address the environmental damage or contamination submitted on behalf of an association, problems we have identified related to exists when packages of hazardous business, labor union, etc.). You may unclear or confusing regulations nor materials are involved in accidents or en review DOT’s complete Privacy Act does it reduce regulatory burdens and route incidents resulting from cargo Statement in the Federal Register promote flexibility. Thus, it was not shifts, valve failures, package failures, published on April 11, 2000 (Volume selected. loading, unloading, collisions, handling Adopt revisions to the HMR problems, or deliberate sabotage. The 65, Number 70; Pages 19477–78). packaging regulations to clarify release of hazardous materials can cause List of Subjects requirements and reduce regulatory the loss of ecological resources and the burdens—This is the selected contamination of air, aquatic 49 CFR Part 171 alternative. It accomplishes our environments, and soil. Contamination Exports, Hazardous materials regulatory reform goals while enhancing of soil can lead to the contamination of transportation, Hazardous waste, understanding of and compliance with ground water. For the most part, the Imports, Incorporation by reference, the HMR. adverse environmental impacts Reporting and recordkeeping Analysis of Environmental Impacts. associated with releases of most requirements. Hazardous materials are substances that hazardous materials are short-term may pose a threat to public safety or the impacts that can be reduced or 49 CFR Part 172 environment during transportation eliminated through prompt clean-up/ Education, Hazardous materials because of their physical, chemical, or decontamination of the accident scene. transportation, Hazardous waste,

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Labeling, Markings, Packaging and § 171.8 Definitions and abbreviations. strong outer packaging is subject to containers, Reporting and recordkeeping * * * * * § 173.27 of this subchapter. The terms requirements. Bulk packaging means a packaging, ‘‘strong outside container’’ and ‘‘strong outside packaging’’ are synonymous 49 CFR Part 173 other than a vessel or a barge, including a transport vehicle or freight container, with ‘‘strong outer packaging.’’ Hazardous materials transportation, in which hazardous materials are * * * * * Packaging and containers, Radioactive loaded, and which has: materials, Reporting and recordkeeping * * * * * PART 172—HAZARDOUS MATERIALS requirements, Uranium. Large packaging means a packaging TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS 49 CFR Part 174 that— (1) Consists of an outer packaging that COMMUNICATIONS, EMERGENCY Hazardous materials transportation, contains articles or inner packagings; RESPONSE INFORMATION, TRAINING Radioactive materials, Railroad safety. (2) Is designated for mechanical REQUIREMENTS, AND SECURITY PLANS 49 CFR Part 178 handling; (3) Exceeds 400 kg net mass or 450 Hazardous materials transportation, liters (118.9 gallons) capacity; ■ 3. The authority citation for part 172 Motor vehicle safety, Packaging and (4) Has a volume of not more than 3 continues to read as follows: containers, Reporting and recordkeeping cubic meters (m3) (see § 178.801(i) of Authority: 49 U.S.C. 5101–5128, 44701; 49 requirements. this subchapter); and CFR 1.53. ■ (5) Conforms to the requirements as In consideration of the foregoing, we ■ specified in § 173.36, and subparts P 4. Section 172.101, the Hazardous are amending 49 CFR Chapter I, Materials Table is amended to read as Subchapter C as follows: and Q of part 178 of this subchapter, as applicable. follows: ■ a. The entry ‘‘Azodicarbonamide,’’ in PART 171—GENERAL INFORMATION, * * * * * REGULATIONS, AND DEFINITIONS Column (8B) the reference ‘‘212’’ is Reconditioned packaging. See removed and ‘‘223’’ is added in its place, § 173.28 of this subchapter. ■ 1. The authority citation for part 171 and in Column (10B) the reference ‘‘12’’ continues to read as follows: * * * * * is removed and ‘‘2’’ is added in its place. Remanufactured packagings. See ■ b. The entry ‘‘Isosorbide-5- Authority: 49 U.S.C. 5101–5128, 44701; 49 § 173.28 of this subchapter. CFR 1.45 and 1.53; Pub. L. 101–410 section mononitrate,’’ in Column (7) the 4 (28 U.S.C. 2461 note); Pub L. 104–134 * * * * * reference Special Provision ‘‘159’’ is section 31001. Reused packaging. See § 173.28 of added in the correct numeric order, and this subchapter. in Column (8B) the reference ‘‘213’’ is ■ 1. In § 171.8: * * * * * removed and ‘‘223’’ is added in its place. ■ a. The definitions for ‘‘Reconditioned Strong outer packaging means the ■ c. The entry ‘‘Regulated medical packaging,’’ ‘‘Remanufactured outermost enclosure that provides waste, n.o.s. or Clinical waste, packaging,’’ ‘‘Reused packaging,’’ and protection against the unintentional unspecified, n.o.s. or (BIO)Medical ‘‘Strong outer packaging’’ are added in release of its contents. It is a packaging waste, n.o.s., or Biomedical waste, n.o.s. appropriate alphabetical order. that is sturdy, durable, and constructed or Medical waste, n.o.s.,’’ in Column (7) ■ b. The definition for ‘‘Strong outside so that it will retain its contents under the reference for Special Provision ‘‘41’’ container’’ is removed. normal conditions of transportation. In is added before ‘‘A13’’. ■ c. The introductory text of the addition, a strong outer packaging must ■ d. The entry ‘‘Methacrylic acid, definition for ‘‘Bulk packaging’’ is meet the general packaging stabilized,’’ in Column (7) the reference revised. requirements of subpart B of part 173 of for Special Provision ‘‘41’’ is added ■ d. The definition for ‘‘Large this subchapter but need not comply before ‘‘IB2’’. packaging’’ is revised. with the specification packaging ■ e. In Column (8c), for the following The additions and revisions read as requirements in part 178 of the entries, the word ‘‘None’’ is removed and follows: subchapter. For transport by aircraft, a ‘‘62’’ is added in its place:

Column (2) entry Column (4) entry

Ammunition smoke, white phosphorus with burster, expelling charge, or propelling charge ...... UN0245 Ammunition smoke, white phosphorus with burster, expelling charge, or propelling charge ...... UN0246 Ammunition, illuminating with or without burster, expelling charge or propelling charge ...... UN0171 Ammunition, illuminating with or without burster, expelling charge or propelling charge ...... UN0254 Ammunition, illuminating with or without burster, expelling charge or propelling charge ...... UN0297 Ammunition, incendiary with or without burster, expelling charge or propelling charge ...... UN0300 Ammunition, incendiary with or without burster, expelling charge, or propelling charge ...... UN0009 Ammunition, incendiary with or without burster, expelling charge, or propelling charge ...... UN0010 Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge ...... UN0243 Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge ...... UN0244 Ammunition, practice ...... UN0362 Ammunition, practice ...... UN0488 Ammunition, proof ...... UN0363 Ammunition, smoke with or without burster, expelling charge or propelling charge ...... UN0015 Ammunition, smoke with or without burster, expelling charge or propelling charge ...... UN0016 Ammunition, smoke with or without burster, expelling charge or propelling charge ...... UN0303 Ammunition, tear-producing with burster, expelling charge or propelling charge ...... UN0018 Ammunition, tear-producing with burster, expelling charge or propelling charge ...... UN0019 Ammunition, tear-producing with burster, expelling charge or propelling charge ...... UN0301 Bombs, photo-flash ...... UN0038

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Column (2) entry Column (4) entry

Bombs, photo-flash ...... UN0039 Bombs, photo-flash ...... UN0299 Bombs, with bursting charge ...... UN0034 Bombs, with bursting charge ...... UN0035 Cartridges for weapons, inert projectile ...... UN0328 Cartridges for weapons, with bursting charge ...... UN0006 Cartridges for weapons, with bursting charge ...... UN0321 Cartridges for weapons, with bursting charge ...... UN0412 Cartridges, oil well ...... UN0277 Cartridges, oil well ...... UN0278 Cartridges, power device ...... UN0275 Cartridges, power device ...... UN0276 Cartridges, power device ...... UN0323 Cartridges, power device ...... UN0381 Charges, demolition ...... UN0048 Charges, depth ...... UN0056 Cutters, cable, explosive ...... UN0070 Fracturing devices, explosive, without detonators for oil wells ...... UN0099 Mines with bursting charge ...... UN0137 Mines with bursting charge ...... UN0138 Projectiles, inert with tracer ...... UN0345 Projectiles, inert, with tracer ...... UN0424 Projectiles, inert, with tracer ...... UN0425 Projectiles, with burster or expelling charge ...... UN0346 Projectiles, with burster or expelling charge ...... UN0347 Projectiles, with burster or expelling charge ...... UN0434 Projectiles, with burster or expelling charge ...... UN0435 Projectiles, with bursting charge ...... UN0168 Projectiles, with bursting charge ...... UN0169 Projectiles, with bursting charge ...... UN0344 Release devices, explosive ...... UN0173 Rivets, explosive ...... UN0174 Rocket motors ...... UN0186 Rocket motors ...... UN0280 Rocket motors ...... UN0281 Rockets, with bursting charge ...... UN0181 Rockets, with bursting charge ...... UN0182 Rockets, with expelling charge ...... UN0436 Rockets, with expelling charge ...... UN0437 Rockets, with expelling charge ...... UN0438 Rockets, with inert head ...... UN0183 Rockets, with inert head ...... UN0502 Sounding devices, explosive ...... UN0204 Sounding devices, explosive ...... UN0296 Sounding devices, explosive ...... UN0374 Sounding devices, explosive ...... UN0375 Torpedoes with bursting charge ...... UN0329 Torpedoes with bursting charge ...... UN0451 Warheads, rocket with burster or expelling charge ...... UN0370 Warheads, rocket with bursting charge ...... UN0286 Warheads, rocket with bursting charge ...... UN0287 Warheads, torpedo with bursting charge ...... UN0221

* * * * * The additions and revisions read as authorizes IBCs for specific proper ■ 1. In § 172.102: follows: shipping names through the use of IB ■ Codes assigned in the § 172.101 table of a. In paragraph (c)(1), a new Special § 172.102 Special provisions. provision 41 is added in appropriate this subchapter. Table 2 defines IP numerical order. * * * * * Codes on the use of IBCs that are ■ b. In paragraph (c)(4), the introductory (c) * * * assigned to specific commodities in the paragraph is revised. (1) * * * § 172.101 Table of this subchapter. ■ c. In paragraph (c)(4), Table 1, the Code/Special Provisions Table 3 authorizes Large Packagings for entries IB3 and IB8 are revised, and the specific proper shipping names through headings for the table and first and * * * * * the use of IB Codes assigned in the second columns of the table are revised. 41 This material at the Packing § 172.101 table of this subchapter. Large ■ d. In paragraph (c)(4), Table 2, the first Group II hazard criteria level may be Packagings are authorized for the column heading is revised to read ‘‘IP transported in Large Packagings. Packing Group III entries of specific Code,’’ and the second column heading * * * * * proper shipping names when either is removed. (4) IB Codes and IP Codes. These Special Provision IB3 or IB8 is assigned ■ e. In paragraph (c)(4), a new Table 3 provisions apply only to transportation to that entry in the § 172.101 Table. is added. in IBCs and Large Packagings. Table 1 When no IB code is assigned in the

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§ 172.101 Table for a specific proper authorized when approved by the in § 178.702(a)(2) of this subchapter to shipping name, or in § 173.225(e) Associate Administrator. The letter ‘‘Z’’ specify the material used for the other Organic Peroxide Table for Type F shown in the marking code for packaging. Tables 1, 2, and 3 follow: organic peroxides, use of an IBC or composite IBCs must be replaced with Large Packaging for the material may be a capital code letter designation found

TABLE 1–IB CODES [IBC authorizations]

IB code Authorized IBCs

******* IB3 ...... Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1 and 31HA2, 31HB2, 31HN2, 31HD2 and 31HH2). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (also see Special Provision IP8 in Table 3 for UN2672). For authorized Large Packagings, see Table 3.

******* IB8 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B, 21N, 31A, 31B and 31N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C, 11D and 11F); Flexible (13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or 13M2). For authorized Large Packagings, see Table 3.

*******

* * * * *

TABLE 3—IB CODES [Large packaging authorizations]

IB3 Authorized Large Packagings (LIQUIDS) (PG III materials only) 2

Inner packagings: Large outer packagings: Glass 10 liter ...... steel (50A). Plastics 30 liter ...... aluminum (50B). Metal 40 liter ...... metal other than steel or aluminum (50N). rigid plastics (50H). natural wood (50C). plywood (50D). reconstituted wood (50F). rigid fiberboard (50G).

IB8 Authorized Large Packagings (SOLIDS) (PG III materials only) 2

Inner packagings: Large outer packagings: Glass 10 kg ...... steel (50A). Plastics 50 kg ...... aluminum (50B). Metal 50 kg ...... metal other than steel or aluminum (50N). Paper 50 kg ...... flexible plastics (51H). 1 Fiber 50 kg ...... rigid plastics (50H). natural wood (50C). plywood (50D). reconstituted wood (50F). rigid fiberboard (50G). 1 Flexible plastic (51H) Large Packagings are only authorized for use with flexible inner packagings. 2 Except when authorized under Special Provision 41.

* * * * * (e.g., a bulk bag or box) with a PART 173—SHIPPERS—GENERAL ■ 6. In § 172.514, paragraphs (c)(3) and volumetric capacity of less than 18 REQUIREMENTS FOR SHIPMENTS (c)(4) are revised and a new paragraph cubic meters (640 cubic feet); AND PACKAGINGS (c)(5) is added to read as follows: (4) An IBC; and ■ 7. The authority citation for part 173 § 172.514 Bulk packagings. (5) A Large Packaging as defined in § 171.8 of this subchapter. continues to read as follows: * * * * * Authority: 49 U.S.C. 5101–5128, 44701; 49 (c) * * * CFR 1.45, 1.53. (3) A bulk packaging other than a portable tank, cargo tank, or tank car

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§ 173.4 [Amended] § 173.35 Hazardous materials in IBCs. inspection, by the person filling the ■ 8. In § 173.4, paragraph (a)(5), the * * * * * Large Packaging, to ensure: wording ‘‘strong outside packaging’’ is (h) * * * (1) The Large Packaging is free from removed and the wording ‘‘strong outer (2) Liquids having a vapor pressure corrosion, contamination, cracks, cuts, ° packaging’’ is added in its place. greater than 110 kPa (16 psig) at 50 C or other damage which would render it (122 °F) or 130 kPa (18.9 psig) at 55 °C unable to pass the prescribed design § 173.4b [Amended] (131 °F) may not be transported in metal type test to which it is certified and ■ 9. In § 173.4b, paragraph (a)(4), the IBCs. marked; and (2) The Large Packaging is marked in wording ‘‘strong outside packaging’’ is * * * * * accordance with requirements in removed and the wording ‘‘strong outer ■ 14. New § 173.36 is added to read as § 178.910 of this subchapter. Additional packaging’’ is added in its place. follows: marking allowed for each design type § 173.7 [Amended] § 173.36 Hazardous materials in Large may be present. Required markings that are missing, damaged or difficult to read ■ 10. In § 173.7, paragraph (c), the first Packagings. must be restored or returned to original sentence, the wording ‘‘strong outside (a) No person may offer or accept a condition. packaging’’ is removed and the wording hazardous material for transportation in a Large Packaging except as authorized (d) During transportation— ‘‘strong outer packaging’’ is added in its (1) No hazardous material may remain place. by this subchapter. Except as otherwise provided in this subchapter, no Large on the outside of the Large Packaging; ■ 11. In § 173.22, in paragraph (a)(4), Packaging may be filled with a Packing and three new sentences are added to the (2) Each Large Packaging must be Group I or II material. Each Large end of the paragraph to read as follows: securely fastened to or contained within Packaging used for the transportation of the transport unit. § 173.22 Shipper’s responsibility. hazardous materials must conform to (e) Each Large Packaging used for (a) * * * the requirements of its specification and transportation of solids which may (4) * * * A person must maintain a regulations for the transportation of the become liquid at temperatures likely to copy of the manufacturer’s notification, particular commodity. be encountered during transportation including closure instructions (see (b) Packaging design. (1) Inner may not be transported in paper or fiber § 178.2(c) of this subchapter) unless packaging closures. A Large Packaging inner packagings. The inner packagings permanently embossed or printed on the containing liquid hazardous materials must be capable of containing the packaging. When applicable, a person must be packed so that closures on substance in the liquid state. must maintain a copy of any supporting inner packagings are upright. (f) Liquid hazardous materials may documentation for an equivalent level of (2) Flexible Large Packagings. Flexible only be offered for transportation in performance under the selective testing Large Packagings (e.g., 51H) are only inner packagings appropriately resistant variation in § 178.601(g)(1) of this authorized for use with flexible inner to an increase of internal pressure likely subchapter. A copy of the notification, packagings. to develop during transportation. unless permanently embossed or (3) Friction. The nature and thickness (g) A Large Packaging used to printed on the packaging, and of the outer packaging must be such that transport hazardous materials may not supporting documentation, when friction during transportation is not exceed 3 cubic meters (106 cubic feet) applicable, must be made available for likely to generate an amount of heat capacity. inspection by a representative of the sufficient to dangerously alter the (h) Mixed contents. (1) An outer Large Department upon request for 365 days chemical stability of the contents. Packaging may contain more than one after offering the package for (4) Securing and cushioning. Inner hazardous material only when— transportation. packagings of Large Packagings must be (i) The inner and outer packagings packed, secured and cushioned to * * * * * used for each hazardous material prevent their breakage or leakage and to conform to the relevant packaging ■ 12. In § 173.28, in paragraph (a), a control their shifting within the outer sections of this part applicable to that third sentence is added and, in packaging under conditions normally hazardous material, and not result in a paragraph (f), a third sentence is added incident to transportation. Cushioning violation of § 173.21; to read as follows: material must not be capable of reacting (ii) The package as prepared for § 173.28 Reuse, reconditioning, and dangerously with the contents of the shipment meets the performance tests remanufacture of packagings. inner packagings or having its protective prescribed in part 178 of this subchapter properties significantly weakened in the (a) * * * Packagings not meeting the for the hazardous materials contained in event of leakage. minimum thickness requirements the package; (5) Metallic devices. Nails, staples and prescribed in paragraph (b)(4)(i) of this (iii) Corrosive materials (except ORM– other metallic devices must not section may not be reused, D) in bottles are further packed in protrude into the interior of the outer reconditioned, or remanufactured for securely closed inner receptacles before packaging in such a manner as to be reuse. packing in outer packagings; and likely to damage inner packagings or (iv) For transportation by aircraft, the * * * * * receptacles. total net quantity does not exceed the (f) * * * Drums or jerricans not (c) Initial use and reuse of Large lowest permitted maximum net quantity meeting the minimum thickness Packagings. A Large Packaging may be per package as shown in Column 9a or requirements prescribed in paragraph reused. If an inner packaging is 9b, as appropriate, of the § 172.101 (b)(4)(i) of this section may not be constructed of paper or flexible plastic, table. The permitted maximum net reused, reconditioned, or the inner packaging must be replaced quantity must be calculated in remanufactured for reuse. before each reuse. Before a Large kilograms if a package contains both a ■ 13. In § 173.35, paragraph (h)(2), Packaging is filled and offered for liquid and a solid. introductory paragraph, is revised to transportation, the Large Packaging (2) A packaging containing inner read as follows: must be given an external visual packagings of Division 6.2 materials

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may not contain other hazardous during product loading and unloading § 173.62 Specific packaging requirements materials, except dry ice. to prevent a dangerous electrostatic for explosives. (i) When a Large Packaging is used for discharge. * * * * * the transportation of liquids with a flash ■ (c) * * * point of 60.5 °C (141 °F) (closed cup) or 15. In § 173.62, paragraph (c), Table of lower, or powders with the potential for Packing Methods, Packing Instruction dust explosion, measures must be taken 130 is revised to read as follows:

TABLE OF PACKING METHODS

Inner Intermediate Packaging instruction packagings packagings Outer packaging

******* 130 ...... Not necessary ...... Not necessary ...... Particular Packaging Requirements: The following applies to UN 0006, 0009, 0010, 0015, 0016, ...... Boxes. 0018, 0019, 0034, 0035, 0038, 0039, 0048, 0056, 0137, Steel (4A). 0138, 0168, 0169, 0171, 0181, 0182, 0183, 0186, 0221, Wood natural, ordinary (4C1). 0238, 0243, 0244, 0245, 0246, 0254, 0280, 0281, 0286, Plywood (4D). 0287, 0297, 0299, 0300, 0301, 0303, 0321, 0328, 0329, Reconstituted wood (4F). 0344, 0345, 0346, 0347, 0362, 0363, 0370, 0412, 0424, Fiberboard (4G). 0425, 0434, 0435, 0436, 0437, 0438, 0451, 0459 and Plastics, expanded (4H1). 0488. Large and robust explosives articles, normally in- Plastics, solid (4H2). tended for military use, without their means of initiation or Drums. with their means of initiation containing at least two effec- Steel, removable head (1A2). tive protective features, may be carried unpackaged. When Aluminum, removable head such articles have propelling charges or are self-propelled, (1B2). their ignition systems must be protected against stimuli en- Plywood (1D). countered during normal conditions of transport. A nega- Fiber (1G). tive result in Test Series 4 on an unpackaged article indi- Plastics, removable head (1H2). cates that the article can be considered for transport Large Packagings. unpackaged. Such unpackaged articles may be fixed to Steel (50A). cradles or contained in crates or other suitable handling Aluminum (50B). devices. Metal other than steel or alu- minum (50N). Rigid plastics (50H). Natural wood (50C). Plywood (50D). Reconstituted wood (50F). Rigid fiberboard (50G).

*******

■ 16. In § 173.223, the section heading (e) Large Packagings. Large § 173.241 Bulk packagings for certain low and the introductory text to paragraph Packagings are authorized subject to the hazard liquid and solid materials. (a) are revised as follows: conditions and limitations of this * * * * * section provided the Large Packaging § 173.223 Packagings for certain (e) Large Packagings. Large flammable solids. type is authorized according to the IBC Packagings are authorized subject to the packaging code specified for the specific conditions and limitations of this (a) Packagings for ‘‘Musk xylene,’’ ‘‘5- hazardous material in Column (7) of the section provided the Large Packaging tert-Butyl-2,4,6-trinitro-m-xylene,’’ § 172.101 Table of this subchapter and type is authorized according to the IBC ‘‘Azodicarbonamide,’’ or ‘‘Isosorbide-5- the Large Packaging conforms to the packaging code specified for the specific mononitrate,’’ when offered for requirements in subpart Q of part 178 of hazardous material in Column (7) of the transportation or transported by rail, this subchapter at the Packing Group § 172.101 Table of this subchapter and highway, or vessel, must conform to the performance level as specified in the Large Packaging conforms to the general packaging requirements of Column (5) of the § 172.101 Table for requirements in subpart Q of part 178 of subpart B of part 173, and to the the material being transported. this subchapter at the Packing Group requirements of part 178 of this performance level as specified in (1) Except as specifically authorized subchapter at the Packing Group III Column (5) of the § 172.101 Table for in this subchapter, Large Packagings performance level and may only be the material being transported. transported in the following packagings: may not be used for Packing Group I or II hazardous materials. (1) Except as specifically authorized * * * * * in this subchapter, Large Packagings (2) Large Packagings with paper or ■ 17. In § 173.240, paragraph (e) is may not be used for Packing Group I or fiberboard inner receptacles may not be II hazardous materials. added as follows: used for solids that may become liquid (2) Large Packagings with paper or in transportation. § 173.240 Bulk packaging for certain low fiberboard inner receptacles may not be hazard solid materials. ■ 18. In § 173.241, paragraph (e) is used for solids that may become liquid * * * * * added as follows: in transportation.

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■ 19. In § 173.242, paragraph (e) is § 173.334 [Amended] procedures to be followed, including added as follows: ■ 23. In § 173.334, paragraph (d), the closure instructions for inner wording ‘‘strong outside packaging’’ is packagings and receptacles, to § 173.242 Bulk packagings for certain removed and the wording ‘‘strong outer effectively assemble and close the medium hazard liquids and solids, including solids with dual hazards. packaging’’ is added in its place in each packaging for the purpose of preventing place it appears. leakage in transportation. Closure * * * * * instructions must provide for a (e) Large Packagings. Large § 173.338 [Amended] consistent and repeatable means of Packagings are authorized subject to the ■ 24. In § 173.338, paragraph (a), the closure that is sufficient to ensure the conditions and limitations of this second sentence, the wording ‘‘strong packaging is closed in the same manner section provided the Large Packaging outside container’’ is removed and the as it was tested. For packagings sold or type is authorized according to the IBC wording ‘‘strong outer packaging’’ is represented as being in conformance packaging code specified for the specific added in its place. with the requirements of this subchapter hazardous material in Column (7) of the applicable to transportation by aircraft, PART 174—CARRIAGE BY RAIL § 172.101 Table of this subchapter and this information must include relevant the Large Packaging conforms to the ■ guidance to ensure that the packaging, requirements in subpart Q of part 178 of 25. The authority citation for part 174 is revised to read as follows: as prepared for transportation, will this subchapter at the Packing Group withstand the pressure differential performance level as specified in Authority: 49 U.S.C. 5101–5128; 49 CFR requirements in § 173.27 of this 1.53. Column (5) of the § 172.101 Table for subchapter. the material being transported. ■ 26. In § 174.63, the section heading (ii) Retain copies of each written (1) Except as specifically authorized and paragraph (a) are revised as follows: notification for at least 365 days from in this subchapter, Large Packagings § 174.63 Portable tanks, IM portable tanks, date of issuance; and may not be used for Packing Group I or IBCs, Large Packagings, cargo tanks, and (iii) Make copies of all written II hazardous materials. multi-unit tank car tanks. notifications available for inspection by (2) Large Packagings with paper or (a) A carrier may not transport a bulk a representative of the Department. fiberboard inner receptacles may not be packaging (e.g., portable tank, IM (2) The notification required in used for solids that may become liquid portable tank, IBC, Large Packaging, accordance with this paragraph (c) may in transportation. cargo tank, or multi-unit tank car tank) be in writing or by electronic means, ■ 20. In § 173.249, paragraph (b) is containing a hazardous material in including e-mailed transmission or revised to read as follows: container-on-flatcar (COFC) or trailer- transmission on a CD or similar device. on-flatcar (TOFC) service except as If a manufacturer or subsequent § 173.249 Bromine. authorized by this section or unless distributor of the packaging utilizes * * * * * approved for transportation by the electronic means to make the required (b) Specification MC 310, MC 311, MC Associate Administrator for Safety, notifications, the notification must be 312 or DOT 412 cargo tank motor FRA. specific to the packaging in question vehicles conforming with paragraphs (d) * * * * * and must be in a form that can be through (f) of this section. Except when printed in hard copy by the person transported as a residue, the total PART 178—SPECIFICATIONS FOR receiving the notification. quantity in one tank may not be less PACKAGINGS ■ than 88 percent or more than 96 percent 29. In § 178.503, paragraphs (a)(1) and of the volume of the tank. Cargo tanks ■ 27. The authority citation for part 178 (e)(1) are revised as follows: in bromine service built prior to August continues to read as follows: § 178.503 Marking of packagings. 31, 1991, may continue in service under Authority: 49 U.S.C. 5101–5128; 49 CFR (a) * * * the requirements contained in 1.53. (1) Except as provided in paragraph § 173.252(a)(4) of this part in effect on ■ 28. In § 178.2, paragraph (c) is revised September 30, 1991. (e)(1)(ii) of this section, the United to read as follows: Nations symbol as illustrated in * * * * * § 178.2 Applicability and responsibility. paragraph (e)(1)(i) of this section (for § 173.301 [Amended] embossed metal receptacles, the letters * * * * * ‘‘UN’’) may be applied in place of the ■ (c) Notification. (1) Except as 21. In § 173.301, paragraph (h)(3)(ii), symbol; specifically provided in §§ 178.337–18 the wording ‘‘strong outside packaging’’ (e) * * * ‘‘ and 178.345–10 of this part, the is removed and the wording strong (1)(i) The United Nations symbol is: outer packaging’’ is added in its place. manufacturer or other person certifying compliance with the requirements of ■ 22. In § 173.306, paragraph (a)(2)(i) is this part, and each subsequent revised to read as follows: distributor of that packaging must: § 173.306 Limited quantities of (i) Notify each person to whom that compressed gases. packaging is transferred— (A) Of all requirements in this part (a) * * * not met at the time of transfer, and (2) * * * (B) With information specifying the (i) Container is not over 0.95 L (1 type(s) and dimensions of the closures, quart) capacity and charged to not more including gaskets and any other than 11.17 bar (482.63 kPa, 170 psig) at components needed to ensure that the 21 °C (70 °F), and must be packed in a packaging is capable of successfully strong outer packaging, or passing the applicable performance (ii) The circle that surrounds the * * * * * tests. This information must include any letters ‘‘u’’ and ‘‘n’’ may have small

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breaks provided the following (iii) Except as provided in paragraph (2) Packagings other than stainless provisions are met: (g)(3) of this section, the rated (marked) steel drums. Provided the validity of the (A) The total gap space does not capacity and outside dimensions; test results is not affected, several tests exceed 15 percent of the circumference (iv) The physical state for which the may be performed on one sample with of the circle; packaging was originally approved (e.g., the approval of the Associate (B) There are no more than four gaps tested for solids or liquids); Administrator. in the circle; (v) An increase in the marked level of * * * * * performance of the original drum (i.e., (C) The spacing between gaps is ■ 31. In § 178.700, paragraph (c)(1) is to a higher packing group, hydrostatic separated by no less than 20 percent of revised as follows: the circumference of the circle (72 test pressure, or specific gravity to degrees); and which the packaging has been tested); § 178.700 Purpose, scope and definitions. (D) The letters ‘‘u’’ and ‘‘n’’ appear (vi) Type of side seam welding; * * * * * exactly as depicted in § 178.3(e)(1)(i) (vii) Type of steel; (c) * * * with no gaps. (viii) An increase greater than 10% or (1) Body means the receptacle proper * * * * * any decrease in the steel thickness of (including openings and their closures, ■ the head, body, or bottom; but not including service equipment) 30. In § 178.601, the introductory text (ix) End seam type, (e.g., triple or of paragraph (g)(1), and paragraphs that has a volumetric capacity of not double seam); more than 3 cubic meters (3,000 L, 793 (g)(8) and (k) are revised to read as (x) A reduction in the number of gallons, or 106 cubic feet). follows: rolling hoops (beads) which equal or * * * * * § 178.601 General requirements. exceed the diameter over the chimes; (xi) The location, type or size, and ■ 32. In § 178.703 paragraph (a)(1)(i) is * * * * * material of closures (other than the revised as follows: (g) * * * cover of UN 1A2 drums); (1) Selective testing of combination § 178.703 Marking of IBCs. (xii) The location (e.g., from the head packagings. Variation 1. Variations are to the body), type (e.g., mechanically (a) * * * permitted in inner packagings of a seamed or welded flange), and materials (1) * * * tested combination package, without of closure (other than the cover of UN (i) Except as provided in further testing of the package, provided 1A2 drums); and § 178.503(e)(1)(ii), the United Nations an equivalent level of performance is (xiii) For UN 1A2 drums: symbol as illustrated in maintained and, when a package is (A) Gasket material (e.g., plastic), or § 178.503(e)(1)(i). For metal IBCs on altered under Variation 1 after October properties affecting the performance of which the marking is stamped or 1, 2010, the methodology used to the gasket; embossed, the capital letters ‘‘UN’’ may determine that the inner packaging, (B) Configuration or dimensions of the be applied instead of the symbol. including closure, maintains an gasket; * * * * * equivalent level of performance is (C) Closure ring style including bolt ■ 33. In § 178.705, paragraph (d) is documented in writing by the person size, (e.g., square or round back, 0.625’’ added to read as follows: certifying compliance with this bolt); and paragraph and retained in accordance (D) Closure ring thickness. § 178.705 Standards for metal IBCs. with paragraph (l) of this section. (E) Width of lugs or extensions in * * * * * Permitted variations are as follows: crimp/lug cover. (d) Metal IBCs may not have a * * * * * * * * * * volumetric capacity greater than 3,000 L (8) For a steel drum with a capacity (k) Number of test samples. Except as (793 gallons) or less than 450 L (119 greater than 12 L (3 gallons) provided in this section, one test sample gallons). manufactured from low carbon, cold- must be used for each test performed ■ 34. In § 178.706, paragraph (d) is rolled sheet steel meeting ASTM under this subpart. added to read as follows: designations A 366/A 366M or A 568/ (1) Stainless steel drums. Provided the A 568M, variations in elements other validity of the test results is not affected, § 178.706 Standards for rigid plastic IBCs. than the following design elements are a person may perform the design * * * * * considered minor and do not constitute qualification testing of stainless steel (d) Rigid plastic IBCs may not have a a different drum design type, or drums using three (3) samples rather volumetric capacity greater than 3,000 L ‘‘different packaging’’ as defined in than the specified eighteen (18) samples (793 gallons) or less than 450 L (119 paragraph (c) of this section for which under the following provisions: gallons). design qualification testing and periodic (i) The packaging must be tested in ■ 35. In § 178.707, paragraph (d) is retesting are required. Minor variations accordance with this subpart by added to read as follows: authorized without further testing subjecting each of the three containers include changes in the identity of the to the following sequence of tests: § 178.707 Standards for composite IBCs. supplier of component material made to (A) The stacking test in § 178.606, * * * * * the same specifications, or the original (B) The leakproofness test in (d) Composite IBCs may not have a manufacturer of a DOT specification or § 178.604, volumetric capacity greater than 3,000 L UN standard drum to be (C) The hydrostatic pressure test in (793 gallons) or less than 450 L (119 remanufactured. A change in any one or § 178.608, and gallons). more of the following design elements (D) Diagonal top chime and flat on the ■ 36. In § 178.708, paragraph (d) is constitutes a different drum design type: side drop tests in § 178.603. Both drop added to read as follows: (i) The packaging type and category of tests may be conducted on the same the original drum and the sample. § 178.708 Standards for fiberboard IBCs. remanufactured drum, i.e., 1A1 or 1A2; (ii) For periodic retesting of stainless * * * * * (ii) The style, (i.e., straight-sided or steel drums, a reduced sample size of (d) Fiberboard IBCs may not have a tapered); one container is authorized. volumetric capacity greater than 3,000 L

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(793 gallons) or less than 450 L (119 (2) The flexible IBC must be filled to Where: gallons). not less than 95 percent of its capacity A = applied load in pounds. ■ 37. In § 178.709, paragraph (d) is and to its maximum net mass, with the n = maximum number of IBCs being stacked added to read as follows: load being evenly distributed. during transportation. (c) Test method. (1) Design w = maximum weight of one empty container § 178.709 Standards for wooden IBCs. Qualification Testing. All IBCs must be in pounds. placed on their base on level, hard s = specific gravity (liquids) or density * * * * * (solids) of the lading. (d) Wooden IBCs may not have a ground and subjected to a uniformly v = actual capacity of container (rated volumetric capacity greater than 3,000 L distributed superimposed test load for a capacity + outage) in gallons. (793 gallons) or less than 450 L (119 period of at least five minutes (see and: gallons). paragraph (c)(5) of this section). 8.3 corresponds to the weight in pounds of ■ 38. In § 178.710, paragraph (d) is (2) Fiberboard, wooden and 1.0 gallon of water. added to read as follows: composite IBCs with outer packagings 1.5 is a compensation factor converting the constructed of other than plastic static load of the stacking test into a load § 178.710 Standards for flexible IBCs. materials must be subject to the test for suitable for dynamic compression testing. * * * * * 24 hours. (d) Flexible IBCs: (3) Rigid plastic IBC types and (e) Criteria for passing the test. (1) For (1) May not have a volumetric composite IBC types with plastic outer metal, rigid plastic, and composite IBCs, capacity greater than 3,000 L (793 packagings (11HH1, 11HH2, 21HH1, there may be no permanent gallons) or less than 56 L (15 gallons); 21HH2, 31HH1 and 31HH2) which bear deformation, which renders the IBC and the stacking load must be subjected to unsafe for transportation, and no loss of (2) Must be designed and tested to a the test for 28 days at 40 °C (104 °F). contents. capacity of no less than 50 kg (110 (4) For all IBCs, the load must be (2) For fiberboard and wooden IBCs, pounds). applied by one of the following there may be no loss of contents and no ■ 39. In § 178.801, paragraph (i) is methods: permanent deformation, which renders revised to read as follows: (i) One or more IBCs of the same type the whole IBC, including the base pallet, loaded to their maximum permissible unsafe for transportation. § 178.801 General requirements. gross mass and stacked on the test IBC; (3) For flexible IBCs, there may be no * * * * * (ii) The calculated superimposed test deterioration, which renders the IBC (i) Approval of equivalent packagings. load weight loaded on either a flat plate unsafe for transportation, and no loss of An IBC differing from the standards in or a reproduction of the base of the IBC, contents. subpart N of this part, or tested using which is stacked on the test IBC. (4) For the dynamic compression test, methods other than those specified in (5) Calculation of superimposed test a container passes the test if, after this subpart, may be used if approved by load. For all IBCs, the load to be placed application of the required load, there is the Associate Administrator. Such IBCs on the IBC must be 1.8 times the no permanent deformation to the IBC, must be shown to be equally effective, combined maximum permissible gross which renders the whole IBC, including and testing methods used must be mass of the number of similar IBCs that the base pallet, unsafe for equivalent. may be stacked on top of the IBC during transportation; in no case may the transportation. * * * * * maximum deflection exceed one inch. (d) Periodic Retest. (1) The package ■ 40. In § 178.810, paragraph (c) is ■ 42. In § 178.819, paragraph (b)(1) is must be tested in accordance with revised as follows: amended by adding a second sentence paragraph (c) of this section; or and paragraph (b)(2) is revised as § 178.810 Drop test. (2) The packaging may be tested using follows: * * * * * a dynamic compression testing (c) Test method. (1) Samples of all IBC machine. The test must be conducted at § 178.819 Vibration test. design types must be dropped onto a room temperature on an empty, * * * * * rigid, non-resilient, smooth, flat and unsealed packaging. The test sample (b) * * * horizontal surface. The point of impact must be centered on the bottom platen (1) * * * IBCs intended for liquids must be the most vulnerable part of the of the testing machine. The top platen may be tested using water as the filling base of the IBC being tested. Following must be lowered until it comes in material for the vibration test. the drop, the IBC must be restored to the contact with the test sample. (2) The sample IBC must be placed on upright position for observation. Compression must be applied end to a vibrating platform with a vertical or (2) IBC design types with a capacity end. The speed of the compression rotary double-amplitude (peak-to-peak of 0.45 cubic meters (15.9 cubic feet) or tester must be one-half inch plus or displacement) of one inch. The IBC less must be subject to an additional minus one-fourth inch per minute. An must be constrained horizontally to drop test. initial preload of 50 pounds must be prevent it from falling off the platform, applied to ensure a definite contact but must be left free to move vertically * * * * * between the test sample and the platens. and bounce. ■ 41. Section 178.815 is revised to read The distance between the platens at this * * * * * as follows: time must be recorded as zero ■ 43. Subpart P is added to Part 178 as ‘‘ ’’ § 178.815 Stacking test. deformation. The force A then to be follows: applied must be calculated using the (a) General. The stacking test must be applicable formula: Subpart P—Large Packagings Standards conducted for the qualification of all × × Sec. IBC design types intended to be stacked. Liquids: A = (1.8)(n – 1) [w + (s v 8.3 × .98)] × 1.5; 178.900 Purpose and scope. (b) Special preparation for the 178.905 Large Packaging identification stacking test. (1) All IBCs except flexible or codes. IBC design types must be loaded to their Solids: A = (1.8)(n – 1) [w + (s × v × 8.3 178.910 Marking of Large Packagings. maximum permissible gross mass. × .95)] × 1.5 178.915 General Large Packaging standards.

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178.920 Standards for metal Large (3) ‘‘C’’ means natural wood. (iii) A capital letter identifying the Packagings. (4) ‘‘D’’ means plywood. performance standard under which the 178.925 Standards for rigid plastic Large (5) ‘‘F’’ means reconstituted wood. design type has been successfully Packagings. (6) ‘‘G’’ means fiberboard. tested, as follows: 178.930 Standards for fiberboard Large ‘‘ ’’ (7) H means plastic. (A) X—for Large Packagings meeting Packagings. (8) ‘‘M’’ means paper, multiwall. 178.935 Standards for wooden Large (9) ‘‘N’’ means metal (other than steel Packing Groups I, II and III tests; Packagings. or aluminum). (B) Y—for Large Packagings meeting 178.940 Standards for flexible Large Packing Groups II and III tests; and Packagings. § 178.910 Marking of Large Packagings. (C) Z—for Large Packagings meeting (a) The manufacturer must: Packing Group III test. Subpart P—Large Packagings (1) Mark every Large Packaging in a Standards (iv) The month (designated durable and clearly visible manner. The numerically) and year (last two digits) of § 178.900 Purpose and scope. marking may be applied in a single line manufacture; (a) This subpart prescribes or in multiple lines provided the correct (v) The country authorizing the requirements for Large Packaging sequence is followed with the allocation of the mark. The letters intended for the transportation of information required by this section. ‘‘USA’’ indicate that the Large Packaging hazardous materials. Standards for these The following information is required in is manufactured and marked in the packagings are based on the UN the sequence presented: United States in compliance with the Recommendations. (i) Except as provided in provisions of this subchapter. § 178.503(e)(1)(ii), the United Nations (b) Terms used in this subpart are (vi) The name and address or symbol packaging symbol as illustrated in defined in § 171.8 of this subchapter. of the manufacturer or the approval § 178.503(e)(1)(i). For metal Large agency certifying compliance with § 178.905 Large Packaging identification Packagings on which the marking is subpart P and subpart Q of this part. codes. stamped or embossed, the capital letters Symbols, if used, must be registered Large packaging code designations ‘‘UN’’ may be applied instead of the with the Associate Administrator. consist of: two numerals specified in symbol; paragraph (a) of this section; followed (ii) The code number designating the (vii) The stacking test load in by the capital letter(s) specified in Large Packaging design type according kilograms (kg). For Large Packagings not ‘‘ ’’ paragraph (b) of this section. to § 178.901. The letter ‘‘W’’ must follow designed for stacking the figure 0 must (a) Large packaging code number the Large Packaging design type be shown. designations are as follows: 50 for rigid identification code on a Large Packaging (viii) The maximum permissible gross Large Packagings; or 51 for flexible when the Large Packaging differs from mass or for flexible Large Packagings, Large Packagings. the requirements in subpart P of this the maximum net mass, in kg. (b) Large Packagings code letter part, or is tested using methods other (2) The following are examples of designations are as follows: than those specified in this subpart, and symbols and required markings: (1) ‘‘A’’ means steel (all types and is approved by the Associate (i) For a steel Large Packaging suitable surface treatments). Administrator in accordance with the for stacking; stacking load: 2,500 kg; (2) ‘‘B’’ means aluminum. provisions in § 178.1001; maximum gross mass: 1,000 kg.

(ii) For a plastic Large Packaging not suitable for stacking; maximum gross mass: 800 kg.

(iii) For a Flexible Large Packaging not suitable for stacking; maximum gross mass: 500 kg.

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(b) [Reserved]. § 178.925 Standards for rigid plastic Large (single or multiwall) that is appropriate Packagings. to the capacity of the Large Packagings § 178.915 General Large Packaging (a) The provisions in this section and to their intended use. Water standards. apply to rigid plastic Large Packagings resistance of the outer surface must be (a) Each Large Packaging must be intended to contain liquids and solids. such that the increase in mass, as resistant to, or protected from, Rigid plastic Large Packaging types are determined in a test carried out over a deterioration due to exposure to the designated: period of 30 minutes by the Cobb external environment. Large Packagings (1) 50H rigid plastics. method of determining water intended for solid hazardous materials (2) [Reserved] absorption, is not greater than 155 grams must be sift-proof and water-resistant. (b) A rigid plastic Large Packaging per square meter (0.0316 pounds per (b) All service equipment must be must be manufactured from plastic square foot)—see ISO 535 (E) (IBR, see positioned or protected to minimize material of known specifications and be § 171.7 of this subchapter). Fiberboard potential loss of contents resulting from of a strength relative to its capacity and must have proper bending qualities. damage during Large Packaging to the service it is required to perform. Fiberboard must be cut, creased without handling and transportation. In addition to conformance to § 173.24 cutting through any thickness of (c) Each Large Packaging, including of this subchapter, plastic materials fiberboard, and slotted so as to permit attachments and service and structural must be resistant to aging and to assembly without cracking, surface equipment, must be designed to degradation caused by ultraviolet breaks or undue bending. The fluting or withstand, without loss of hazardous radiation. corrugated fiberboard must be firmly materials, the internal pressure of the (1) If protection against ultraviolet glued to the facings. contents and the stresses of normal radiation is necessary, it must be (i) The walls, including top and handling and transport. A Large provided by the addition of a pigment bottom, must have a minimum puncture Packaging intended for stacking must be or inhibiter such as carbon black to resistance of 15 Joules (11 foot-pounds designed for stacking. Any lifting or plastic materials. These additives must of energy) measured according to ISO securing features of a Large Packaging be compatible with the contents and 3036 (IBR, see § 171.7 of this must be sufficient strength to withstand remain effective throughout the life of subchapter). the normal conditions of handling and the plastic Large Packaging body. Where (ii) Manufacturers’ joints in the outer transportation without gross distortion use is made of carbon black, pigments packaging of Large Packagings must be or failure and must be positioned so as or inhibitors, other than those used in made with an appropriate overlap and to cause no undue stress in any part of the manufacture of the tested design be taped, glued, stitched with metal the Large Packaging. type, retesting may be omitted if staples or fastened by other means at (d) A Large Packaging consisting of changes in the carbon black content, the least equally effective. Where joints are packagings within a framework must be pigment content or the inhibitor content made by gluing or taping, a water so constructed that the packaging is not do not adversely affect the physical resistant adhesive must be used. Metal damaged by the framework and is properties of the material of staples must pass completely through retained within the framework at all construction. all pieces to be fastened and be formed times. (2) Additives may be included in the or protected so that any inner liner (e) Large packaging design types must composition of the plastic material to cannot be abraded or punctured by be constructed in such a way as to be improve the resistance to aging or to them. bottom-lifted or top-lifted as specified in serve other purposes, provided they do (2) Integral and detachable pallets. §§ 178.1004 and 178.1005. not adversely affect the physical or (i) Any integral pallet base forming § 178.920 Standards for metal Large chemical properties of the material of part of a Large Packaging or any Packagings. construction. detachable pallet must be suitable for (3) No used material other than (a) The provisions in this section mechanical handling with the Large production residues or regrind from the apply to metal Large Packagings Packaging filled to its maximum same manufacturing process may be intended to contain liquids and solids. permissible gross mass. used in the manufacture of rigid plastic Metal Large Packaging types are (ii) The pallet or integral base must be Large Packagings. designed to avoid protrusions causing designated: (c) Rigid plastic Large Packagings: (1) 50A steel damage to the fiberboard Large (1) May not have a volumetric Packagings in handling. (2) 50B aluminum capacity greater than 3,000 L (793 (iii) The body must be secured to any (3) 50N metal (other than steel or gallons); and detached pallet to ensure stability in aluminum) (2) May not have a volumetric handling and transport. Where a (b) Each Large Packaging must be capacity less than 450 L (119 gallons). made of suitable ductile metal materials. detachable pallet is used, its top surface Welds must be made so as to maintain § 178.930 Standards for fiberboard Large must be free from protrusions that might design type integrity of the receptacle Packagings. damage the Large Packaging. under conditions normally incident to (a) The provisions in this section (3) Strengthening devices, such as transportation. Low-temperature apply to fiberboard Large Packagings timber supports to increase stacking performance must be taken into account intended to contain solids. Rigid performance may be used but must be when appropriate. fiberboard large Packaging types are external to the liner. (c) The use of dissimilar metals must designated: (4) The load-bearing surfaces of Large not result in deterioration that could (1) 50G fiberboard Packagings intended for stacking must affect the integrity of the Large (2) [Reserved] be designed to distribute the load in a Packaging. (b) Construction requirements for stable manner. (d) Metal Large Packagings may not fiberboard Large Packagings. (c) Fiberboard Large Packagings may have a volumetric capacity greater than (1) Fiberboard Large Packagings must not have a volumetric capacity greater 3,000 L (793 gallons) and not less than be constructed of strong, solid or than 3,000 L (793 gallons) and not less 450 L (119 gallons). double-faced corrugated fiberboard than 450 L (119 gallons).

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§ 178.935 Standards for wooden Large performance, may be used but must be (c) Flexible Large Packagings: Packagings. external to the liner. (1) May not have a volumetric (a) The provisions in this section (4) The load bearing surfaces of the capacity greater than 3,000 L (793 apply to wooden Large Packagings Large Packaging must be designed to gallons); intended to contain solids. Wooden distribute loads in a stable manner. Large Packaging types are designated: (c) Wooden Large Packagings: (2) May not have a volumetric (1) 50C natural wood. (1) May not have a volumetric capacity less than 56 L (15 gallons); and (2) 50D plywood. capacity greater than 3,000 L (793 (3) Must be designed and tested to a (3) 50F reconstituted wood. gallons); and capacity of not less than 50 kg (110 (b) Construction requirements for (2) May not have a volumetric pounds). wooden Large Packagings are as follows: capacity less than 450 L (119 gallons). (1) The strength of the materials used ■ 44. Subpart Q is added to Part 178 as and the method of construction must be § 178.940 Standards for flexible Large follows: appropriate to the capacity and Packagings. intended use of the Large Packagings. (a) The provisions in this section Subpart Q—Testing of Large (i) Natural wood used in the apply to flexible Large Packagings Packagings construction of Large Packagings must intended to contain liquids and solids. Sec. be well-seasoned, commercially dry and Flexible Large Packagings types are designated: 178.950 Purpose and scope. free from defects that would materially 178.955 General requirements. lessen the strength of any part of the (1) 51H flexible plastics. (2) 51M flexible paper. 178.960 Preparation of Large Packagings for Large Packagings. Each Large Packaging (b) Construction requirements for testing. part must consist of uncut wood or a flexible Large Packagings are as follows: 178.965 Drop test. piece equivalent in strength and (1) The strength of the material and 178.970 Bottom lift test. integrity. Large Packagings parts are the construction of the flexible Large 178.975 Top lift test. equivalent to one piece when a suitable Packagings must be appropriate to its 178.980 Stacking test. method of glued assembly is used (i.e., capacity and its intended use. 178.985 Vibration test. a Lindermann joint, tongue and groove (2) All materials used in the joint, ship, lap or babbet joint; or butt construction of flexible Large Subpart Q—Testing of Large joint with at least two corrugated metal Packagings of types 51M must, after Packagings fasteners at each joint, or when other complete immersion in water for not § 178.950 Purpose and scope. methods at least equally effective are less than 24 hours, retain at least 85 used). percent of the tensile strength as This subpart prescribes certain testing (ii) Plywood used in construction measured originally on the material requirements for Large Packagings must be at least 3-ply. Plywood must be conditioned to equilibrium at 67 percent identified in subpart P of this part. made of well-seasoned rotary cut, sliced relative humidity or less. § 178.955 General requirements. or sawn veneer, commercially dry and (3) Seams must be stitched or formed free from defects that would materially by heat sealing, gluing or any equivalent (a) General. The test procedures lessen the strength of the Large method. All stitched seam-ends must be prescribed in this subpart are intended Packagings. All adjacent piles must be secured. to ensure that Large Packagings glued with water resistant adhesive. (4) In addition to conformance with containing hazardous materials can Materials other than plywood may be the requirements of § 173.24 of this withstand normal conditions of used for the construction of the Large subchapter, flexible Large Packaging transportation. These test procedures Packaging. must be resistant to aging and are considered minimum requirements. (iii) Reconstituted wood used in the degradation caused by ultraviolet Each packaging must be manufactured construction of Large Packagings must radiation. and assembled so as to be capable of (5) For plastic flexible Large be water resistant reconstituted wood successfully passing the prescribed tests Packagings, if necessary, protection such as hardboard, particle board or and to conform to the requirements of against ultraviolet radiation must be other suitable type. § 173.24 of this subchapter while in provided by the addition of pigments or (iv) Wooden Large Packagings must be transportation. firmly nailed or secured to corner posts inhibitors such as carbon black. These (b) Responsibility. The Large or ends or be assembled by similar additives must be compatible with the Packaging manufacturer is responsible devices. contents and remain effective (2) Integral and detachable pallets. throughout the life of the Large for ensuring each Large Packaging is (i) Any integral pallet base forming Packaging. Where use is made of carbon capable of passing the prescribed tests. part of a Large Packaging, or any black, pigments or inhibitors other than To the extent a Large Packaging’s detachable pallet must be suitable for those used in the manufacture of the assembly function, including final mechanical handling of a Large tested design type, retesting may be closure, is performed by the person who Packaging filled to its maximum omitted if the carbon black content, the offers a hazardous material for permissible gross mass. pigment content or the inhibitor content transportation, that person is (ii) The pallet or integral base must be do not adversely affect the physical responsible for performing the function designed to avoid protrusion that may properties of the material of in accordance with §§ 173.22 and 178.2 cause damage to the Large Packaging in construction. of this subchapter. handling. (6) Additives may be included in the (c) Definitions. For the purpose of this (iii) The body must be secured to any composition of the material of the Large subpart: detachable pallet to ensure stability in Packaging to improve the resistance to handling and transportation. Where a aging, provided they do not adversely (1) Large packaging design type refers detachable pallet is used, its top surface affect the physical or chemical to a Large Packaging which does not must be free from protrusions that might properties of the material. differ in structural design, size, material damage the Large Packaging. (7) When flexible material Large of construction and packing. (3) Strengthening devices, such as Packagings are filled, the ratio of height (2) Design qualification testing is the timber supports to increase stacking to width must be no more than 2:1. performance of the drop, stacking, and

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bottom-lift or top-lift tests, as and periodic tests prescribed in this representative, the manufacturer must applicable, prescribed in this subpart, subpart using random samples of either: for each different Large Packaging packagings, in the numbers specified in (1) Conduct performance tests or have design type, at the start of production of the appropriate test section. tests conducted by an independent that packaging. (g) Selective testing. The selective testing facility, in accordance with this (3) Periodic design requalification test testing of Large Packagings, which differ subpart; or is the performance of the applicable only in minor respects from a tested (2) Make a sample Large Packaging tests specified in paragraph (c)(2) of this type is permitted as described in this available to the Associate section on a Large Packaging design section. For air transport, Large Administrator, or a designated type, to requalify the design for Packagings must comply with representative, for testing in accordance continued production at the frequency § 173.27(c)(1) and (c)(2) of this with this subpart. specified in paragraph (e) of this subchapter. Variations are permitted in (i) Record retention. Following each section. inner packagings of a tested Large design qualification test and each (4) Production inspection is the Packaging, without further testing of the periodic retest on a Large Packaging, a inspection, which must initially be package, provided an equivalent level of test report must be prepared. The test conducted on each newly manufactured performance is maintained and the report must be maintained at each Large Packaging. methodology used to determine that the location where the Large Packaging is (5) Different Large Packaging design inner packaging, including closure, manufactured and each location where type is one which differs from a maintains an equivalent level of the design qualification tests are previously qualified Large Packaging performance is documented in writing conducted, for as long as the Large design type in structural design, size, by the person certifying compliance Packaging is produced and for at least material of construction, wall thickness, with this paragraph and retained in two years thereafter, and at each or manner of construction, but does not accordance with paragraph (l) of this location where the periodic retests are include: section. Permitted variations are as conducted until such tests are (i) A packaging which differs in follows: successfully performed again and a new surface treatment; (1) Inner packagings of equivalent or test report produced. In addition, a copy (ii) A rigid plastic Large Packaging, smaller size may be used provided— of the test report must be maintained by which differs with regard to additives (i) The inner packagings are of similar a person certifying compliance with this used to comply with §§ 178.906(b) or design to the tested inner packagings part. The test report must be made 178.909(b); (i.e., shape—round, rectangular, etc.); available to a user of a Large Packaging (iii) A packaging which differs only in (ii) The material of construction of the or a representative of the Department its lesser external dimensions (i.e., inner packagings (glass, plastic, metal, upon request. The test report, at a height, width, length) provided etc.) offers resistance to impact and minimum, must contain the following materials of construction and material stacking forces equal to or greater than information: thickness or fabric weight remain the that of the originally tested inner (1) Name and address of test facility; same; packaging; (2) Name and address of applicant (d) Design qualification testing. The (iii) The inner packagings have the (where appropriate); packaging manufacturer must achieve same or smaller openings and the (3) A unique test report identification; successful test results for the design closure is of similar design (e.g., screw (4) Date of the test report; qualification testing at the start of cap, friction lid, etc.); (5) Manufacturer of the packaging; production of each new or different (iv) Sufficient additional cushioning (6) Description of the packaging Large Packaging design type. material is used to take up void spaces design type (e.g., dimensions, materials, Application of the certification mark by and to prevent significant movement of closures, thickness, etc.), including the manufacturer constitutes the inner packagings; methods of manufacture (e.g., blow certification that the Large Packaging (v) Inner packagings are oriented molding) and which may include design type passed the prescribed tests within the outer packaging in the same drawing(s) and/or photograph(s); in this subpart. manner as in the tested package; and (7) Maximum capacity; (e) Periodic design requalification (vi) The gross mass of the package (8) Characteristics of test contents, testing. (1) Periodic design does not exceed that originally tested. e.g., viscosity and relative density for requalification must be conducted on (2) A lesser number of the tested inner liquids and particle size for solids; each qualified Large Packaging design packagings, or of the alternative types of (9) Mathematical calculations type if the manufacturer is to maintain inner packagings identified in paragraph performed to conduct and document authorization for continued production. (g)(1) of this section, may be used testing (for example, drop height, test The Large Packaging manufacturer must provided sufficient cushioning is added capacity, outage requirements, etc.); achieve successful test results for the to fill void space(s) and to prevent (10) Test descriptions and results; and periodic design requalification at significant movement of the inner (11) Signature with the name and title sufficient frequency to ensure each packagings. of signatory. packaging produced by the (h) Proof of compliance. In addition to manufacturer is capable of passing the the periodic design requalification § 178.960 Preparation of Large Packagings design qualification tests. Design testing intervals specified in paragraph for testing. requalification tests must be conducted (e) of this section, the Associate (a) Except as otherwise provided in at least once every 24 months. Administrator, or a designated this subchapter, each Large Packaging (2) Changes in the frequency of design representative, may at any time require and package must be closed in requalification testing specified in demonstration of compliance by a preparation for testing and tests must be paragraph (e)(1) of this section are manufacturer, through testing in carried out in the same manner as if authorized if approved by the Associate accordance with this subpart, to ensure prepared for transportation, including Administrator. packagings meet the requirements of inner packagings. All closures must be (f) Test samples. The manufacturer this subpart. As required by the installed using proper techniques and must conduct the design qualification Associate Administrator, or a designated torques.

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(b) For the drop and stacking test, (b) Special preparation for the drop be no loss of the filling substance from inner receptacles must be filled to not test. Large Packagings must be filled in inner packaging(s) or article(s). Ruptures less than 95 percent of maximum accordance with § 178.1002. are not permitted in Large Packaging for capacity (see § 171.8 of this subchapter) (c) Conditioning. Rigid plastic Large articles of Class 1 which permit the in the case of solids and not less than Packagings and Large Packagings with spillage of loose explosive substances or 98 percent of maximum in the case of plastic inner receptacles must be articles from the Large Packaging. liquids. Bags must be filled to the conditioned for testing by reducing the Where a Large Packaging undergoes a maximum mass at which they may be temperature of the packaging and its drop test, the sample passes the test if used. For Large Packagings where the contents to ¥18 °C (0 °F) or lower. Test the entire contents are retained even if inner packagings are designed to carry liquids must be kept in the liquid state, the closure is no longer sift-proof. liquids and solids, separate testing is if necessary, by the addition of anti- § 178.970 Bottom lift test. required for both liquid and solid freeze. Water/anti-freeze solutions with contents. The material to be transported a minimum specific gravity of 0.95 for (a) General. The bottom lift test must in the packagings may be replaced by a testing at ¥18 °C (0 °F) or lower are be conducted for the qualification of all non-hazardous material, except for considered acceptable test liquids, and Large Packagings design types designed chemical compatibility testing or where may be considered equivalent to water to be lifted from the base. this would invalidate the results of the for test purposes. Large Packagings (b) Special preparation for the bottom tests. conditioned in this way are not required lift test. The Large Packaging must be loaded to 1.25 times its maximum (c) If the material to be transported is to be conditioned in accordance with permissible gross mass, the load being replaced for test purposes by a non- § 178.1002(d). hazardous material, the material used (d) Test method. (1) Samples of all evenly distributed. (c) Test method. All Large Packaging must be of the same or higher specific Large Packaging design types must be design types must be raised and lowered gravity as the material to be carried, and dropped onto a rigid, non-resilient, twice by a lift truck with the forks its other physical properties (grain, size, smooth, flat and horizontal surface. The centrally positioned and spaced at three viscosity) which might influence the point of impact must be the most quarters of the dimension of the side of results of the required tests must vulnerable part of the base of the Large entry (unless the points of entry are correspond as closely as possible to Packaging being tested. Following the fixed). The forks must penetrate to three those of the hazardous material to be drop, the Large Packaging must be quarters of the direction of entry. transported. It is permissible to use restored to the upright position for (d) Criteria for passing the test. For all additives, such as bags of lead shot, to observation. Large Packagings design types designed achieve the requisite total package mass, (2) Large Packaging design types with to be lifted from the base, there may be so long as they do not affect the test a capacity of 0.45 cubic meters (15.9 no permanent deformation which results. cubic feet) or less must be subject to an renders the Large Packaging unsafe for (d) Paper or fiberboard Large additional drop test. transport and there must be no loss of Packagings must be conditioned for at (e) Drop height. (1) For all Large contents. least 24 hours immediately prior to Packagings, drop heights are specified testing in an atmosphere maintained— as follows: § 178.975 Top lift test. (1) At 50 percent ± 2 percent relative (i) Packing group I: 1.8 m (5.9 feet) (a) General. The top lift test must be humidity, and at a temperature of 23 °C (ii) Packing group II: 1.2 m (3.9 feet) conducted for the qualification of all of ± 2 °C (73 °F ± 4 °F). Average values (iii) Packing group III: 0.8 m (2.6 feet) Large Packagings design types to be should fall within these limits. Short- (2) Drop tests are to be performed lifted from the top or, for flexible Large term fluctuations and measurement with the solid or liquid to be Packagings, from the side. limitations may cause individual transported or with a non-hazardous (b) Special preparation for the top lift measurements to vary by up to ± 5 material having essentially the same test. (1) Metal and rigid plastic Large percent relative humidity without physical characteristics. Packagings design types must be loaded significant impairment of test (3) The specific gravity and viscosity to twice its maximum permissible gross reproducibility; of a substituted non-hazardous material mass. (2) At 65 percent ± 2 percent relative used in the drop test for liquids must be (2) Flexible Large Packaging design humidity, and at a temperature of 20 °C similar to the hazardous material types must be filled to six times the ± 2 °C (68 °F ± 4 °F), or 27 °C ± 2 °C intended for transportation. Water also maximum permissible gross mass, the (81 °F ± 4 °F). Average values should may be used for the liquid drop test load being evenly distributed. fall within these limits. Short-term under the following conditions: (c) Test method. (1) A Large Packaging fluctuations and measurement (i) Where the substances to be carried must be lifted in the manner for which limitations may cause individual have a specific gravity not exceeding it is designed until clear of the floor and measurements to vary by up to ± 5 1.2, the drop heights must be those maintained in that position for a period percent relative humidity without specified in paragraph (e)(1) of this of five minutes. significant impairment of test section for each Large Packaging design (2) Rigid plastic Large Packaging reproducibility; or type; and design types must be: (3) For testing at periodic intervals (ii) Where the substances to be carried (i) Lifted by each pair of diagonally only (i.e., other than initial design have a specific gravity exceeding 1.2, opposite lifting devices, so that the qualification testing), at ambient the drop heights must be as follows: hoisting forces are applied vertically for conditions. (A) Packing Group I: SG × 1.5 m (4.9 a period of five minutes; and feet). (ii) Lifted by each pair of diagonally § 178.965 Drop test. (B) Packing Group II: SG × 1.0 m (3.3 opposite lifting devices so that the (a) General. The drop test must be feet). hoisting forces are applied towards the conducted for the qualification of all (C) Packing Group III: SG × 0.67 m center at 45° to the vertical, for a period Large Packagings design types and (2.2 feet). of five minutes. performed periodically as specified in (f) Criteria for passing the test. For all (3) If not tested as indicated in § 178.1001(e) of this subpart. Large Packaging design types there may paragraph (c)(1) of this section, a

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flexible Large Packaging design type (ii) The calculated superimposed test (2) For flexible Large Packagings, must be tested as follows: load weight loaded on either a flat plate there may be no deterioration which (i) Fill the flexible Large Packaging to or a reproduction of the base of the renders the Large Packaging unsafe for 95% full with a material representative Large Packaging, which is stacked on transportation and no loss of contents. of the product to be shipped. the test Large Packaging; or (3) For the dynamic compression test, (ii) Suspend the flexible Large (5) Calculation of superimposed test a container passes the test if, after Packaging by its lifting devices. load. For all Large Packagings, the load application of the required load, there is (iii) Apply a constant downward force to be placed on the Large Packaging no permanent deformation to the Large through a specially designed platen. The must be 1.8 times the combined Packaging which renders the whole platen will be a minimum of 60 percent maximum permissible gross mass of the Large Packaging; including the base and a maximum of 80 percent of the number of similar Large Packaging that pallet, unsafe for transportation; in no cross sectional surface area of the may be stacked on top of the Large case may the maximum deflection flexible Large Packaging. Packaging during transportation. (iv) The combination of the mass of exceed one inch. (d) Periodic Retest. (1) The package the filled flexible Large Packaging and must be tested in accordance with § 178.985 Vibration test. the force applied through the platen § 178.1015(c) of this subpart; or must be a minimum of six times the (a) General. The vibration test must be maximum net mass of the flexible Large (2) The packaging may be tested using conducted for the qualification of all Packaging. The test must be conducted a dynamic compression testing rigid Large Packaging design types. for a period of five minutes. machine. The test must be conducted at Flexible Large Packaging design types (v) Other equally effective methods of room temperature on an empty, must be capable of withstanding the top lift testing and preparation may be unsealed packaging. The test sample vibration test. used with approval of the Associate must be centered on the bottom platen (b) Test method. (1) A sample Large Administrator. of the testing machine. The top platen Packaging, selected at random, must be (d) Criterion for passing the test. For must be lowered until it comes in filled and closed as for shipment. Large all Large Packagings design types contact with the test sample. Packagings intended for liquids may be designed to be lifted from the top, there Compression must be applied end to tested using water as the filling material may be no permanent deformation end. The speed of the compression for the vibration test. which renders the Large Packagings tester must be one-half inch plus or (2) The sample Large Packaging must unsafe for transport and no loss of minus one-fourth inch per minute. An be placed on a vibrating platform that contents. initial preload of 50 pounds must be has a vertical or rotary double- applied to ensure a definite contact § 178.980 Stacking test. amplitude (peak-to-peak displacement) between the test sample and the platens. of one inch. The Large Packaging must (a) General. The stacking test must be The distance between the platens at this be constrained horizontally to prevent it conducted for the qualification of all time must be recorded as zero from falling off the platform, but must Large Packagings design types intended deformation. The force ‘‘A’’ to then be be left free to move vertically and to be stacked. applied must be calculated using the bounce. (b) Special preparation for the applicable formula: stacking test. (1) All Large Packagings (3) The sample Large Packaging must Liquids: A = (1.8)(n¥1) [w + (s × v × be placed on a vibrating platform that except flexible Large Packaging design × × types must be loaded to their maximum 8.3 .98)] 1.5; has a vertical double-amplitude (peak- permissible gross mass. or to-peak displacement) of one inch. The Large Packaging must be constrained (2) Flexible Large Packagings must be Solids: A = (1.8)(n¥1) [w + (s × v × 8.3 horizontally to prevent it from falling off filled to not less than 95 percent of their × .95)] × 1.5 capacity and to their maximum net the platform, but must be left free to mass, with the load being evenly Where: move vertically and bounce. distributed. A = applied load in pounds. (4) The test must be performed for one (c) Test method. (1) All Large n = maximum number of Large Packagings hour at a frequency that causes the Packagings must be placed on their base that may be stacked during package to be raised from the vibrating on level, hard ground and subjected to transportation. w = maximum weight of one empty container platform to such a degree that a piece a uniformly distributed superimposed in pounds. of material of approximately 1.6-mm test load for a period of at least five s = specific gravity (liquids) or density (0.063-inch) in thickness (such as steel minutes (see paragraph (c)(5) of this (solids) of the lading. strapping or paperboard) can be passed section). v = actual capacity of container (rated between the bottom of the Large (2) Fiberboard and wooden Large capacity + outage) in gallons. Packaging and the platform. Other Packagings must be subjected to the test and: methods at least equally effective may for 24 hours. 8.3 corresponds to the weight in pounds of be used (see § 178.801(i)). (3) Rigid plastic Large Packagings 1.0 gallon of water. 1.5 is a compensation factor that converts the (c) Criterion for passing the test. A which bear the stacking load must be Large Packaging passes the vibration test subjected to the test for 28 days at 40 °C static load of the stacking test into a load ° suitable for dynamic compression if there is no rupture or leakage. (104 F). testing. (4) For all Large Packagings, the load Issued in Washington, DC, on January 21, must be applied by one of the following (e) Criterion for passing the test. (1) 2010, under authority delegated in 49 CFR Part 1. methods: For metal or rigid plastic Large (i) One or more Large Packagings of Packagings, there may be no permanent Cindy Douglass, the same type loaded to their maximum deformation which renders the Large Assistant Administrator/Chief Safety Officer. permissible gross mass and stacked on Packaging unsafe for transportation and [FR Doc. 2010–1615 Filed 2–1–10; 8:45 am] the test Large Packaging; no loss of contents. BILLING CODE 4910–60–P

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