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AGENCY:

Research and Special Programs Administration (RSPA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to revise the requirements for intermediate bulk containers and UN portable tanks for alignment with international requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce.

DATES:

Comments must be received by December 22, 2000.

ADDRESSES:

Address comments to the Dockets Management System, U.S. Department of Transportation, Room PL 401, 400 Seventh St., SW., Washington, DC 20590-0001. Comments should identify the docket number RSPA-00-7702 (HM-215D) and be submitted in two copies. If you wish to receive confirmation of receipt of your comments, include a self-addressed stamped postcard. You may also submit and review all comments by accessing the Docket Management System website at http://dms.dot.gov. Click on “Help and Information” to obtain instructions for filing a document electronically. The Dockets Unit is located on the Plaza Level of the Nassif Building at U.S. DOT at the above address. Public dockets may be reviewed between the hours of 10 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.

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FOR FURTHER INFORMATION CONTACT:

Joan McIntyre, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Bob Richard, Assistant International Standards Coordinator, telephone (202) 366-0656, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

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SUPPLEMENTARY INFORMATION:

I. Background

On December 21, 1990, the Research and Special Programs Administration (RSPA) (hereafter, “we” and “our” means “RSPA”) published a final rule based on the UN Recommendations [Docket HM-181; 55 FR 52402] which comprehensively revised the Hazardous Materials Regulations (HMR), 49 CFR parts 171 to 180, with respect to hazard communication, classification, and packaging requirements. The intended effect of the rule was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the HMR and international regulations, while at the same time ensuring the safe transportation of hazardous materials.

The UN Recommendations are not regulations, but are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods. These recommendations are amended and updated biennially by the UN Committee of Experts. They serve as the basis for national, regional, and international modal regulations (specifically, the IMDG Code, issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions, issued by the ICAO Dangerous Goods Panel). In 49 CFR 171.12, the HMR authorize hazardous materials shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. Offering, accepting and transporting hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft, are authorized in § 171.11, subject to certain conditions and limitations.

Since publication of the 1990 final rule, we have issued three additional international harmonization final rules, (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; and HM-215C, 64 FR 10742). The rules provided additional harmonization with international air and sea transportation requirements by more fully aligning the HMR with the corresponding biennial updates of the UN Recommendations, the IMDG Code and the ICAO Technical Instructions.

The continually increasing amount of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible. Harmonization serves to facilitate international transportation and at the same time ensures the safety of people, property and the environment. Therefore, in our efforts to continue the alignment of the HMR with international requirements, this NPRM proposes changes to the HMR based on the eleventh revised edition of the UN Recommendations, the 2001-2002 ICAO Technical Instructions and Amendment 30 to the IMDG Code, all of which become effective January 1, 2001. Petitions for rulemaking pertinent to harmonization with international standards and the facilitation of international transportation are also addressed in this NPRM and serve as the basis of certain proposed changes. Other proposed changes are based on feedback from the regulated industry, RSPA and other DOT modal administrations, including a few proposed editorial clarifications and a Class 1 (explosives) placarding allowance for certain compatibility groups. Unless otherwise stated, the revisions are proposed for harmonization with international standards.

II. Overview of Proposed Changes in this NPRM

Proposed amendments to the HMR in this NPRM include:

—Incorporation by reference of the updated ICAO Technical Instructions, IMDG Code and UN Recommendations and addition of incorporation by reference of six current standards which include an International Atomic Energy Agency (IAEA) safety standard, an IMO safety standard, three International Organization for Standardization (ISO) standards and one American Society for Testing Materials (ASTM) standard.

—Amendments to the Hazardous Materials Table (HMT) which would add, revise or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limitations. Proper Start Printed Page 63295shipping name amendments include the proposal to replace the word “inhibited” with “stabilized.” Entry removals include certain domestic entries for which corresponding UN entries are included in the HMT.

—Revision of vessel stowage category definitions and codes for Class 1 (explosive) materials.

—Revision of shipping paper requirements for sea transport.

—Addition, removal and revision of certain entries to the List of Marine Pollutants.

—Addition, removal and revision of special provisions, including removal of current T codes and IBC bulk provisions and addition of UN portable tank codes and IBC special packing provisions, consistent with those in the UN Recommendations.

—Removal of the requirement to distinguish between primary and subsidiary risk labels and placards.

—Addition and revision to the list of organic peroxides and the list of self-reactive substances.

—Revision of the requirements pertaining to the transportation of samples.

—Revision of intermediate bulk container (IBC) requirements including amendments to the IBC commodity sections in §§ 173.240, 173.241, 173.242, 173.243 and 173.247, and addition of UN IBC packing instructions and special IBC packing provisions in part 172.

—Incorporation of the design, construction and use requirements for UN portable tanks.

—Consolidation of current portable tank maintenance, approval and use requirements.

—Inclusion of flexible grandfather provisions for the continued use of IM 101, IM102 and DOT 51 portable tanks.

—Removal of specifications for DOT 52 and 53 portable tanks and the provisions for their continued use.

—Incorporation of a provision for the use of the “W” mark for IBCs.

—Inclusion of a 12 mm minimum marking size for IBCs.

—Revision of minimum thickness requirements for metal IBCs.

—Revision of several explosives packing methods to allow a broader selection of authorized packagings.

—Revision of provisions for cigarette lighters and alcoholic beverages carried aboard aircraft.

—Allowance of the display of one placard when certain explosive compatibility groups are transported together.

—Revision of lithium battery requirements.

III. Summary of Regulatory Changes by Section

Part 171

Section 171.7. We propose to update the incorporation by reference for the ICAO Technical Instructions, the IMDG Code, the UN Recommendations and the UN Manual of Tests and Criteria. In addition, we propose to add an ASTM standard, the current edition of the IAEA safety standard, an IMO standard, and three ISO standards.

All of the updated incorporation by reference material will become effective January 1, 2001 and would be updated as follows:

—The ICAO Technical Instructions—2001-2002 edition.

—The IMDG Code—Amendment 30.

—The UN Recommendations—eleventh revised edition.

—The UN Manual of Tests and Criteria—third revised edition.

Additionally, all of the proposed added incorporation by reference material would become effective January 1, 2001 and would be added as follows:

—ASTM's “E 112-96 Standard for Test Methods for Determining Average Grain Size” would be added to define “fine grain steel” as included in the proposed incorporation of the UN portable tank specifications in § 178.274.

—IAEA's current “Regulations for the Safe Transport of Radioactive Material, No. ST-1,” 1996 edition would be added while retaining the previous edition entitled, “Regulations for the Safe Transport of Radioactive Material, Safety Series No. 6.” The ST-1 requirements were incorporated in the IMDG Code and the ICAO Technical Instructions which will both be effective January 1, 2001. Adding the updated ST-1 edition and retaining Safety Series No. 6 would afford the flexibility necessary in an interim period when international shipments are required to be in accordance with the ST-1 edition. Domestic shipments would remain subject to the HMR requirements, which are based on Safety Series No. 6 pending amendment of these requirements under a separate rulemaking.

—IMO'S current “International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships' (INF Code) would be added. The IMO Maritime Safety Committee adopted the INF Code for incorporation into the IMDG Code. In addition, the INF Code is being made mandatory for international transportation effective January 1, 2001, through an amendment to Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974, as amended). The incorporation by reference and inclusion of the proposed new § 176.720 requirement for a vessel carrying irradiated nuclear fuel, plutonium and high-level radioactive wastes would align the HMR with these international standards. (Also, see § 176.2. and § 176.720.)

—Finally, we are proposing to add three ISO standards to coincide with the proposed incorporation of the UN portable tank requirements. The standards are as follows: “ISO 1496-3 Series 1 freight containers—Specification and testing,” 1996 edition; “ISO 4126-1 Safety valves-Part 1: General Requirements,” 1991 edition; and, “ISO 6892 Metallic materials—Tensile testing,” 1984 edition.

Section 171.8. We would add four new definitions to § 171.8. “Large packaging” would be added to correspond with the proposed addition of an approval provision that would allow the use of large packagings which comply with requirements in the UN Recommendations (see § 178.801). Large packagings are UN-marked bulk packagings which are very similar to IBCs, with the exception that they contain inner packagings. “Liner” would be added for clarification purposes. “Stabilized” would be added in conjunction with the proposal to replace the word “inhibited” with “stabilized” in proper shipping names (see § 172.101). Finally, “UN portable tank” would be added in conjunction with the proposal to include requirements for the design, construction and use of UN portable tanks (see §§ 178.274, 178.275, 178.276, 178.277).

Section 171.10. To correspond with the proposed incorporation of the UN portable tank specifications, we would add the unit of measure for “Newton” into the Table of Conversion Factors in paragraph (c)(2).

Section 171.11. We propose to add a new paragraph (d)(17) to ensure conformance with the current approval provision in § 173.128(d) which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the § 173.225(b) Organic Peroxide Table. (We also propose to add the new paragraph under §§ 171.12 and 171.12a.) Start Printed Page 63296

Section 171.12. Paragraph (b)(3) would be revised by adding a limitation to the use of the IMDG Code by requiring that viscous flammable liquids, which are excepted from the IMDG Code when in a packaging of less than 450 liters (118.9 gallons) capacity, are subject to the HMR. We do not agree that the IMDG Code exception provides an adequate level of safety and opposed its incorporation in the ICAO Technical Instructions, the IMDG Code and UN Recommendations. We believe this requirement is necessary to ensure that importers and exporters are aware that these viscous flammable liquids are regulated in the United States. We also propose to add a new paragraph (b)(19) to ensure conformance with the current approval provision in § 173.128(d), which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the § 173.225(b) Organic Peroxide Table. Finally, we proposed to revise paragraph (d) to reflect the addition of the current edition of the IAEA “Regulations for the Safe Transport of Radioactive Material, No. ST-1,” 1996 edition. (See § 171.7 for discussion concerning the addition of the updated ST-1 standards.)

Section 171.12a. We propose to add a new paragraph (b)(18) to ensure conformance with the current approval provision in § 173.128(d) which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the § 173.225(b) Organic Peroxide Table.

Section 171.14. We propose to revise paragraphs (d) and (d)(1) to authorize a delayed implementation date for the amendments adopted in the HM-215D final rule. The effective date of this final rule would be October 1, 2001. However, we would authorize a voluntary compliance date of January 1, 2001. This authorization would allow shippers to prepare their international shipments in accordance with the new ICAO Technical Instructions, the IMDG Code and the HMR provisions. We also would authorize a delayed mandatory compliance date comparable to the transition provisions provided in the final rule under Docket HM-215C. The delayed mandatory compliance date would offer sufficient time to implement the new provisions and deplete current stocks of shipping papers, labels, placards and packagings affected by the new requirements.

We would revise paragraph (d)(2) to permit intermixing old and new (HM-215D) hazard communication requirements until October 1, 2002.

We would add a new paragraph (d)(4) to allow the use of the T code special provisions (proposed to be assigned to a hazardous material in Column (7) of the HMT) in effect on December 31, 2000 until January 1, 2010 for hazardous materials offered for transportation in IM and IMO portable tanks. This proposal is consistent the IMDG Code and would minimize any undue regulatory burden.

Part 172

Section 172.101. For alignment with international standards, we would revise paragraph (c)(11) and add new paragraphs (k)(6) through (k)(20). Consistent with the eleventh revised edition of the UN Recommendations, we would revise paragraph (c)(11) for materials transported as samples which are assigned a tentative proper shipping name, hazard class, identification number and packing group. We would revise the requirements by requiring the word “SAMPLE” to be included in association with the proper shipping name and by prohibiting the samples from being packaged together with other hazardous materials. We also would add a new paragraph (c)(16) to allow for the inclusion of the qualifying words “liquid,” “solid” or “molten,” as applicable, to a proper shipping name.

Consistent with the new stowage categories and terminology contained in Amendment 30 of the IMDG Code, we would add new paragraphs (k)(6) through (k)(20) to include the IMDG vessel stowage category definitions for Class 1 (explosive) materials. (Also see preamble discussion under “The Hazardous Materials Table” and § 176.63.)

The Hazardous Materials Table (HMT). Proposed amendments to the HMT for the purpose of harmonizing with the eleventh revised edition of the UN Recommendations (unless otherwise stated) would include the following:

—For the entries, “Other regulated substances, liquid, n.o.s.” and “Other regulated substances, solid, n.o.s.,” we would add the letter “G” to Column (1). The letter “G,” which denotes the n.o.s. and generic proper shipping names which are required to be supplemented with the technical names of the hazardous material (in parentheses and in association with the basic description), was inadvertently omitted in Docket HM-215C (64 FR 10742).

—We would add the following new entries: “Nitroglycerin mixture, desensitized, liquid, n.o.s. with not more than 30% nitroglycerin by mass,” UN3357; “Propellant, solid,” UN0501; “Refrigerating machines containing flammable, non-toxic, liquefied gas,” UN3358; “Rockets with inert head,” UN0502; and “1H-Tetrazole,” UN0504.

—We would revise the entry, “Dangerous Goods in Machinery or Dangerous Goods in Apparatus” by replacing the identification number NA8001 with UN3363, designating a Class 9 assignment and revising Special Provision 136 (see § 172.102). These proposed changes reflect the adoption of the entry by the UN Committee of Experts and amendments agreed to by the ICAO Dangerous Goods Panel. The entry was added to the HMT under Docket HM-215C as NA8001 and assigned Special Provision 136 to prescribe the appropriate hazard class assignment. As explained in HM-215C, the entry was adopted in the ICAO Technical Instructions to provide an exception from the UN packaging performance tests for equipment, machinery or apparatus containing small quantities of hazardous materials. For machinery or apparatus not specifically listed in the HMT, the entry provides a practical means of describing and transporting machinery or apparatus containing small quantities of hazardous materials. In HM-215C, we stated that upon the assignment of a UN identification number, we would revise the entry accordingly. This was accomplished in the eleventh revised edition of the UN Recommendations in which UN3363 was assigned and this entry was assigned to Class 9. The ICAO Technical Instructions were amended consistent with this UN decision. Therefore, based on the above discussion, we are proposing to revise the entry, “Dangerous Goods in Machinery or Dangerous Goods in Apparatus” by assigning it to Class 9, replacing the domestic identification number with an international identification number, and revising Special Provision 136.

—We are proposing to revise all proper shipping names containing the word “inhibited” by replacing “inhibited” with the word “stabilized.” (Also, see proposed definition for “stabilized” in § 171.8.) Replacing the word “inhibited” with “stabilized” would recognize that, in addition to inhibition, other means of controlling self-reaction would be acceptable. The proposed allowance of additional means of stabilization and the proposed removal of certain domestic entries from the HMT (see domestic entry removals later in this section) would also address a petition for Start Printed Page 63297rulemaking (P-1304) requesting that we add a new domestic entry, “Methyl methacrylate monomer, uninhibited,” Class 3, NA1247, PG II to the HMT.

—We would revise the following proper shipping names: “Lithium hypochlorite, dry or Lithium hypochlorite mixtures, dry,” UN1471; “Printing ink, flammable,” UN1210; and “Nitrocellulose membrane filters,” UN3270.

—For the entry, “Methacrylic acid, inhibited,” UN2531, we would replace Packing Group III with Packing Group II.

—We propose to remove various domestic entries that have assigned “NA” identification numbers. After reviewing the domestic entries, we determined that the HMR includes “UN” identification numbers assigned to entries that are equally appropriate in a number of instances, and in these instances the NA numbers are no longer necessary. Included in the proposed removals are seven domestic pesticide proper shipping names identified by the pesticide industry as no longer being used. These entries are: “Aldrin, liquid,” NA2762; “Aldrin, solid,” NA2761; “Dieldrin,” NA2761; “Methyl parathion liquid,” NA3018; “Methyl parathion solid, NA2783; “Parathion,” NA2783 and “Tetraethyl pyrophosphate solid,” NA3018.

—We would add radioactive material (Class 7) entries consistent with new entries introduced in the UN Recommendations and IAEA's “Regulations for the Safe Transport of Radioactive Material, No. ST-1” and revise the current radioactive material entries in the HMR to allow for domestic shipment only.

—For Class 1 (explosive) entries, we would revise Columns (10A) and (10B) to reflect the vessel stowage codes as they are presented in Amendment 30 to the IMDG Code. (See § 172.101(k) and § 176.63.)

—For the international entry “Methanol,” we would add a plus mark (+) in Column (1) of the HMT to indicate that this entry is classified with a subsidiary hazard of Class 6.1 on the basis of human experience.

—We would remove the entry “Isobutyric anhydride,” UN2530.

—For the entry “Morpholine,” UN2054, we would replace Class 3 with Class 8, replace Packing Group III with Packing Group I , and add Class 3 as the subsidiary hazard.

—For “Organic peroxide type F, solid, temperature controlled,” (UN3120), we would remove the Packing Group III entry that was due to a printing error in 49 CFR. The PG II entry would remain.

—For approximately 14 Zone A and B toxic-by-inhalation entries, we would revise the quantity limits for transport by air to “forbidden.” These revisions would be consistent with other toxic-by-inhalation entries in the HMT.

—For the entry “Fire extinguishers containing compressed or liquefied gas” we would add Special Provision 110 to Column (7).

—Based on a petition for rulemaking (P-1338) that we received from the Aluminum Company of America (Alcoa), we propose to add Special Provisions 128 and B115 to the entry, “Magnesium granules, coated, particle size not less than 149 microns,” UN2950. Special Provision 128 allows material meeting the Class 8 definition to be classed as a Division 4.3 with a Class 8 subsidiary hazard. Special Provision B115 authorizes the use of certain non-specification bulk packagings when the material being transported is loaded dry. Special Provisions 128 and B115 are currently assigned to “Aluminum smelting by-products or Aluminum remelting by-products.” Alcoa states that magnesium granules exhibit the same hazard properties as aluminum smelting and remelting by-products and behave similarly to these materials by occasionally meeting the criteria for both Division 4.3 and Class 8 materials. We agree with the petitioner and propose to add Special Provisions 128 and B115 to the entry “Magnesium granules, coated, particle size not less than 149 microns,” UN2950. (Also, see § 172.102, Special Provision 128.)

—For approximately 1,600 entries, we would revise Column (7) by harmonizing the HMR authorizations for IBCs with those contained in the UN Recommendations. In most cases, the UN Recommendations provide for greater flexibility in the use of different types of IBCs. However, in a few instances, the incorporation of the UN IBC requirements would further restrict the types of IBCs that are currently authorized for certain hazardous materials. For example, some Packing Group II liquid hazardous materials of Class 3, Division 6.1 and Class 8 that are currently authorized to be transported in composite IBCs with flexible inner receptacles (such as 31HZ2) would not be authorized in these types of IBCs if the UN provisions are adopted. For the benefit of the reader and to facilitate a review of the proposed amendments, we have included a table identifying all of the affected hazardous materials and indicating the current bulk assignments and the proposed IBC assignments. We would set out the IBC packaging requirements in a newly-created IBC Table under the Special Provisions section in § 172.102(c)(4). The table would consist of IBC Codes (using the designations 1B1-1B99) corresponding to the UN IBC packing instructions, and BB Codes corresponding to the UN IBC special packing provisions. We would assign the IBC packing instructions and the BB codes to specific hazardous materials in Column (7) of the § 172.101 HMT consistent with assignments in the UN Recommendations. In addition, we believe that consolidating the IBC requirements into one table would make it easier for readers to identify the authorized IBCs for specific hazardous materials and would enhance safety and international harmonization. As a result of this proposal, we would revise the bulk special provisions in § 172.102 (c)(3) to remove the current bulk codes relevant to the use of IBCs. We would also revise the current IBC packaging authorizations under §§ 173.240(d), 173.241(d), 173.242(d) and 173.243(d).

This proposal also addresses a petition we received from the Rigid Intermediate Bulk Container Association (RIBCA) (P-1395) requesting that we amend the HMR to expand the use of IBCs consistent with new UN provisions. Specifically, the petitioner requested uniformity with the UN Recommendations by requesting that the HMR allow the use of rigid plastic IBCs and composite IBCs with a rigid plastic inner receptacle for certain liquids. We are in agreement with RIBCA's request; however, in the interest of harmonization, we believe it would be more beneficial to adopt the UN Recommendations' IBC packing instructions in totality, and, as such, present the proposal as discussed above.

For purposes of the Government Printing Office's typesetting procedures, readers should be aware that for certain entries in the HMT, such as those with revised proper shipping names, the change may appear as a removal and addition, as opposed to a revision of the regulatory text in the Column (2) changes. Readers should review all changes appearing in the § 172.101 regulatory text for a complete view of the proposed changes.

Appendix B to § 172.101. For the readers' convenience, in Appendix B to § 172.101, List of Marine Pollutants, we Start Printed Page 63298would revise paragraph “1” by referencing § 171.4, which contains the applicability and exceptions for offering for transportation or transporting marine pollutants. We would revise paragraph “2” to reflect the IMDG Code's provision for the use of two Class 9 proper shipping names when a marine pollutant is not listed by name or by synonym in the HMT and does not meet the definitions of Class 1 through 8. In addition, a number of materials would be added, removed or amended in the List of Marine Pollutants. Included is the proposed removal of the entry “EPTC (ISO)” which also was the subject of a petition for rulemaking (P-1360) requesting removal of the entry based on its removal from the IMDG Code. Various other entries previously identified as marine pollutants are proposed to be removed. All of the proposed amendments to the List of Marine Pollutants are consistent with the marine pollutants provided in Amendment 30 of the IMDG Code.

Section 172.102. We propose to revise, add and remove special provisions as follows:

—Special Provision 43 would be revised to include a provision which would except “Nitrocellulose membrane filters,” UN3270 from the HMR requirements if shown not to meet the criteria for a Division 4.1 hazardous material, according to burn rate tests in Sub-section 33.2.1. of the UN Manual of Tests and Criteria, Part III.

—Special Provision 110 would be revised to more fully identify fire extinguishers that may be assigned to certain proper shipping names. The proposal would also provide for harmonization with the ICAO Technical Instructions. (We also propose to add the special provision to the entry, “Fire extinguishers containing compressed or liquefied gas.” See § 172.101 proposed HMT changes.)

—Special Provision 128 would be revised based on the proposal to assign it to “Magnesium granules, coated, particle size not less than 149 microns.” (See § 172.101, proposed Column (7) changes.)

—Special Provision 136 would be revised to reflect the changes adopted by the UN Committee of Experts and the ICAO Dangerous Goods Panel for the entry “Dangerous Goods in Machinery or Dangerous Goods in Apparatus.” (Also see § 172.101.) We would revise the special provision by removing the text specific to the determination of the hazard class based on the UN Committee of Experts' decision that items under this entry should be assigned to Class 9.

—A new Special Provision 139 would be added for two new proposed entries, “Radioactive material, transported under special arrangement, fissile” and “Radioactive material, transported under special arrangement non-fissile or fissile-excepted.” The special provision requires international shipments using the two entries to be made under an IAEA Certificate of Competent Authority to be issued by the U.S. Competent Authority. Domestic shipments transported under the two entries would be allowed only under a DOT exemption.

—A new Special Provision 142 would be assigned for the new entry “Nitroglycerin mixture, desensitized, liquid, n.o.s.” The special provision would require the material to be approved by the Associate Administrator.

—A new Special Provision 143 would be added for the entry “Life-saving appliances, not self-inflating, containing dangerous goods as equipment.” The special provision would clarify which articles may be transported under this entry.

— In conjunction with the proposal to revise and consolidate the IBC requirements (see § 172.101, Column (7) changes), we would make the following changes: revise the special provisions for bulk packagings in paragraph (c)(3) to exclude IBCs by revising Special Provisions B53 and B69 and removing Special Provisions B100, B101, B103 through B106 and B108 through B110, and a new paragraph (c)(4) would be added for special provisions specific to IBCs (BB Codes).

—The current T codes in paragraph (c)(7) would be revised to reflect the proposed incorporation of requirements for UN portable tanks and would apply to hazardous materials of Classes 2 through 9. The revised T codes would be consistent with those in the UN Recommendations and the IMDG Code and would supersede the current HMR IM portable tank T codes. The T code provisions would be required in addition to the proposed requirements in part 178. The codes specify the types of authorized portable tanks according to the specific hazardous material transported in the portable tank. Portable tank assignments for Zone A and Zone B toxic-by-inhalation liquids would remain consistent with their current assignments in the HMR. In instances where the UN requires a competent authority approval for transportation in portable tanks (such as when TP9 is assigned in the UN Recommendations), we have removed the approval provision. A transition period would be provided for the continued use of the existing T codes for IM portable tanks (see § 171.14(d)(5)).

—A new Special Provision W7 would be added for seven proposed new Class 7 entries and would assign the vessel stowage category “D,” as defined in § 172.101(k)(4), to uranyl nitrate hexahydrate solution.

—A new Special Provision W8 would be added for four proposed new Class 7 entries and would assign the vessel stowage category “D,” as defined in § 172.101(k)(4), to pyrophoric thorium metal or pyrophoric uranium metal.

—Finally, a new Special Provision W9 would be added for assignment to the entries, “Calcium hypochlorite, dry or Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen,” UN1748; “Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures with not less than 5.5 percent but not more than 10 percent water,” UN2880; and “Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine.” UN2208. This proposed action would align the packaging requirements for these entries with those contained in Amendment 30 to the IMDG Code by authorizing certain packagings only when approved by the Associate Administrator.

Section 172.203. We are proposing to revise paragraphs (d)(11), (i) and (n). In paragraph (d)(11), we propose to allow an exception from the requirement to add the appropriate group notation to the shipping description for a shipment of low specific activity material or surface contaminated objects provided the symbols are contained in the proper shipping name.

In paragraph (i), we would add two additional shipping paper description requirements for transportation by vessel. The first amendment would be added as new paragraph (i)(5) and would require the flashpoint for a liquid hazardous material with a flashpoint of 61 °C or below to be included on shipping papers when transported by water. We received a petition (P-1402) from the Vessel Operators Hazardous Materials Association (VOHMA) requesting that we add an additional shipping paper description requirement to include the minimum flashpoint in degrees Celsius for Class 3 (flammable) Start Printed Page 63299or combustible liquid hazardous materials. VOHMA stated that the amendment would help support compliance with the current stowage requirements in § 176.305(c) and the segregation requirements (Code 22 and 23, see § 176.84) as designated in Column (10B) of the § 172.101 Hazardous Materials Table. We agree with the petitioner's reasoning; however, for consistency with the IMDG Code, we propose to add the requirement to specify the flashpoint when it is 61 °C or below for all such liquid hazardous materials whether or not the primary hazard is Class 3. The second amendment to the additional shipping paper description requirements for transportation by vessel would be added as new paragraph (i)(6) and is based on comments from the USCG regarding further harmonization with the IMDG Code. The amendment would require subsidiary risks of a hazardous material that are not reflected in the proper shipping name to be included on shipping papers.

Finally, in paragraph (n), we are proposing to clarify that the shipping paper requirement for the word “HOT” to be placed immediately preceding the proper shipping names of hazardous materials that are transported as elevated temperature materials, is not required for proper shipping names containing the words “Molten” or “Elevated temperature.”

Sections 172.402, 172.405 and 172.411. Consistent with the eleventh revised edition of the UN Recommendations, we are removing the requirement to differentiate between primary and subsidiary labels. Currently, primary labels are required to display the hazard class or division number in the lower corner of the label, while subsidiary labels may not display these numbers. We are proposing to amend the requirement which provides for two label specifications (one for primary hazards and one for subsidiary hazards) by removing the subsidiary hazard label specification. Upon adoption of this proposal, labels used to convey both primary and subsidiary hazards would display the appropriate hazard class or division number at the bottom of the label. This proposed change would provide relief by eliminating the need for shippers to stock two sets of labels. We also propose to allow labels meeting the current label specifications to continue to be displayed until October 1, 2005.

Section 172.504. Based on comments and our own initiative, we are proposing to allow the display of only one placard displaying one compatibility letter when certain Class 1 materials (explosives) of different compatibility groups are transported together in a single transport vehicle or container. This proposal is consistent with the mixed packaging allowances in § 173.61.

Section 172.519. Consistent with the proposal to eliminate the distinction between primary and subsidiary labels, we would revise paragraph (b)(4) to eliminate the requirement for placards. In addition, we would incorporate a new paragraph (b)(4)(i) to permit subsidiary placards meeting the current placarding specifications (such as placards without the hazard class or division number displayed in the lower corner of the placard) to continue to be displayed provided they were permanently affixed before January 1, 2001. Non-permanently affixed subsidiary placards meeting the current placarding specifications would be allowed to be displayed until October 1, 2005 or until current stocks are depleted, whichever occurs first.

Part 173

Section 173.2a. Consistent with the eleventh revised edition of the UN Recommendations, we would revise Note 2 to exclude liquid and solid desensitized explosives. In addition, we would add the revised Note 2 to Class 3, PG I, II and III.

Section 173.4. Based on a request for clarification, we would revise paragraph (a) to clarify that the small quantity exceptions apply to packagings containing articles, as well as inner receptacles.

Section 173.24b. We would add a new paragraph (e) to address acceptance of foreign manufactured UN portable tanks that conform to the applicable provisions in the UN Recommendations on the Transport of Dangerous Goods and are manufactured in countries that provide reciprocal treatment for UN portable tanks manufactured in the United States.

Section 173.28. We would correct a reference in paragraph (d)(1)(ii). The paragraph currently references “§ 173.225(c)(5)” and would be corrected to read § 173.225(c)(3).”

Section 173.32. We are proposing to revise this section to provide requirements for all portable tanks by consolidating the requirements for the use of IM portable tanks currently in § 173.32(c) into a single section. We are proposing to consolidate the qualification and maintenance requirements in § 173.32(c) and move them to part 180, subpart G, with the qualification and maintenance requirements for IBCs, cargo tanks and tank cars. We are also proposing to include a grandfather clause in this section (§ 173.32) to allow IM 101, 102 and DOT 51 portable tanks to continue to be constructed in accordance with the HMR until January 1, 2003. IM 101, 102 and DOT 51 portable tanks which are certified and approved prior to this date would be authorized for continued use provided they meet the applicable periodic inspection and test requirements proposed in part 180, subpart G. These requirements are currently in § 173.32b. On January 1, 2003, all newly manufactured portable tanks would be required to conform to the requirements for the design, construction and approval of UN portable tanks (see §§ 178.274, 178.275, 178.276 and 178.277). In addition, we are proposing to remove the provisions for the continued use of DOT Specification 52 and 53 portable tanks and ICC Specification portable tanks based on information we received that these portable tanks are no longer used. We specifically request comments with regard to removing these provisions.

Section 173.32a. We are proposing to remove § 173.32a and move its approval requirements for Specification portable tanks to proposed § 178.273. We believe that part 178 is a more appropriate location for these requirements and that the new section will prove to be more convenient for users of the HMR. We also propose to include similar requirements for the proposed incorporation of requirements for UN portable tanks.

Section 173.32b. We are proposing to remove § 173.32b and relocate the test requirements to part 180, subpart G, as discussed in § 173.32.

Section 173.32c. We are proposing to remove § 173.32c. The requirements for the use of all Specification portable tanks would be included in § 173.32, thereby precluding the need for this section.

Section 173.61. Based on our own initiative, for Class 1 (explosives) mixed packaging requirements, we would revise paragraph (e)(3) to allow explosives of compatibility group S that are allowed to be packaged with explosives of all other compatibility groups, except A and L, to be treated as belonging to any of the packaged compatibility groups except S. In addition, we would add a new paragraph (e)(8) to allow explosive articles of compatibility groups C, D, E and G, except for fireworks and articles requiring special packaging, to be treated as belonging to compatibility group E. This proposed revision corresponds with the current allowance contained in § 177.848(g).Start Printed Page 63300

Section 173.62. In paragraph (c), we would revise the Explosives Packing Instructions Table to authorize additional types of outer packagings in the following packing instructions: 112(a), 112(b), 112(c), 113, 115, 116, 130, 131, 134, 135, 136, 138, 140, 141,142 and 144.

Section 173.150. We would revise paragraph (d) by clarifying that alcoholic beverages containing over 24% alcohol by volume are not excepted from regulation when transported by a passenger or crewmember on passenger-carrying aircraft. (See preamble discussion under § 175.10.)

Section 173.162. We would revise paragraph (a)(1) by clarifying that the types of packagings specified in the paragraph are combination packagings and that the glass, earthenware or rigid plastics are inner packagings. In addition, for these packagings, we would increase the net mass of 10 kg (22 pounds) for each packaging to15 kg (33 pounds). This is consistent with Packing Instruction 800 in the UN Recommendations.

Section 173.185. We would revise § 173.185 to include a definition for equivalent lithium content for lithium ion cells and batteries and to provide the applicable aggregate lithium quantities relevant to excepting lithium ion cells and batteries from the requirements of the HMR.

Section 173.224. Consistent with the UN Recommendations, we would add the entry “2,2'-Azodi(isobutyronitrile) as a water-based paste” to the Self-Reactive Substances Table for substances that are not subject to the approval provisions of § 173.124(a)(2)(iii), provided all applicable provisions in the table are met. Finally, we would revise paragraph (b)(4) and remove paragraph (d) to allow Type F self-reaction substances to be transported in portable tanks under conditions specified in § 173.225(e) (see preamble discussion under § 173.225).

Section 173.225. We are proposing to amend the paragraph (b) Organic Peroxide Table by making various changes, such as revising several technical names, packing method authorizations and control temperatures. These proposed changes are consistent with the UN Recommendations. We are proposing to remove Notes “7” and “10” consistent with our proposed adoption of UN IBC 520 and add Notes “26” and “27” to specify the available oxygen content limitations for certain new organic peroxides formulations. We would revise paragraph (e) to incorporate the requirements from the eleventh revised edition of the UN Recommendations relevant to the emergency venting devices for portable tanks used for the transportation of organic peroxides and self-reactive substances. This responds to NTSB recommendation (I-92-2) that asked us to “revise the requirements for pressure relief venting on DOT specification 57 portable tanks used to transport dicumyl peroxides and other products with similar rapid decomposition characteristics to ensure that the pressure relief systems prevent overpressure rupture of tanks from a rapid product decomposition reaction.” We propose to apply the recommended venting requirements to all portable tanks and IBCs, rather than just DOT Specification portable tanks. Additionally, the types of portable tanks authorized for type F organic peroxide and self-reactive substances would be expanded to include UN portable tanks. We propose to adopt the requirements in Portable Tank Instruction T23 and IBC Special Provision , IBC 520.

Sections 173.240, 173.241, 173.242 and 173.243. In each section's paragraph (c), we would remove Specification DOT 52 and 53 portable tanks as authorized packagings (see § 173.32 ) because we believe that these portable tanks are no longer used. In addition, we would authorize UN portable tanks. In conjunction with the proposal to revise the requirements for IBCs for alignment with international standards, we would revise paragraph (d) which specifies authorized IBCs in §§ 173.240, 173.241, 173.242 and 173.243 to reflect the proposed incorporation of IBC packing instructions and BB codes (see § 172.101, Column (7)).

Section 173.247. In paragraph (c), we would remove Specification DOT 52 and 53 portable tanks as authorized packagings (see § 173.32).

Section 173.306. Consistent with Packing Instruction P201 in the UN Recommendations, we would amend the paragraph (a)(4)(iii) conditions for transporting flammable, non-pressurized gas samples by revising the inner packagings limit from 2.5 L (0.66 gallons) to 5 L (1.3 gallons).

Section 173.315. We would revise paragraphs (a) and (i) to incorporate provisions for the use of UN portable tanks for the transportation of liquefied compressed gases, in addition to the requirements for DOT Specification 51 portable tanks. Revisions would refer to tank instruction T50 (see UN T Codes under § 172.102) for the transportation of liquefied compressed gases in UN portable tanks and would include minor differences in pressure relief device requirements applicable to UN portable tanks.

Part 175

Section 175.10. For consistency with the ICAO Technical Instructions, we are proposing to revise paragraph (a)(10) to clarify that lighters containing “unabsorbed liquid fuel” are prohibited on one's person or in checked or carry-on baggage. We are proposing to revise exclusions for alcoholic beverages as carry-on and checked baggage to impose a per passenger quantity limit and to restrict the exceptions to alcoholic beverages in retail packagings containing not more than 70% alcohol. We are proposing to revise paragraph (a)(16) to exclude alcoholic beverages. Also, we are proposing to add new paragraph (a)(17) to specify that alcoholic beverages containing more than 24% and not more than 70% alcohol by volume, when carried by passengers or crew in checked or carry-on baggage, are not subject to the HMR if in retail packagings not exceeding 5 liters (1.3 gallons) with a total net quantity per person of 5 liters (1.3 gallons). These proposed changes are consistent with the ICAO Technical Instructions.

Section 175.33. For harmonization with the ICAO Technical Instructions, we would revise paragraph (a) introductory text to add a requirement that the written pilot notification must be accurate and legible.

Section 175.78. We would revise this section to update and align segregation requirements with recent changes adopted in the ICAO Technical Instructions which were based on a UN decision to remove the distinction between primary and subsidiary risk labels. Separate rows and columns would be provided for Divisions 5.1 and 5.2. We would add a new provision to clarify that packages with multiple risks would not need to be segregated from other packages bearing the same UN number.

Section 175.85. Consistent with a new provision adopted in the ICAO Technical Instructions, we would revise paragraph (a) to authorize main deck Class C cargo compartments. Currently, hazardous materials may be carried in a main deck cargo compartment of a passenger aircraft provided the compartment is inaccessible to passengers and it meets certification requirements for a Class B cargo compartment. (Class C cargo compartments differ from Class B cargo compartments in that Class C compartments are required to have a built-in fire extinguishing system, in Start Printed Page 63301addition to smoke or fire detection systems.)

Part 176

Section 176.2. In conjunction with the proposal to incorporate a requirement for vessel cargo to be in compliance with the INF Code (see § 176.720), we would add a definition for “INF cargo” under the § 176.2 definitions.

Section 176.63. For the stowage of Class 1 (explosive) materials on board a vessel, we would add a stowage location definition for “closed cargo transport unit.” This proposed addition coincides with the proposed addition of the vessel stowage category definitions contained in Amendment 30 to the IMDG Code. (See § 172.101(k).)

Section 176.84. Consistent with the IMDG Code we would revise paragraph (b) Table of provisions and paragraph (c)(2) stowage provisions. In the paragraph (b) Table of provisions, we would add two new stowage provisions for assignment to the entries, “Calcium hypochlorite, dry or Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen),” “Calcium hypochlorite, hydrated or Calcium hypochlorite hydrated mixtures with not less than 5.5 percent but not more than 10 percent water,” and “Calcium hypochlorite mixtures, dry with more than 10 percent but not more than 39 percent available chlorine.” In the paragraph (c)(2), we would revise the list of notes for the stowage of Class 1 (explosive) material provisions.

Section 176.128. We would make an editorial change in § 176.128(c) by correcting an identification number.

Section 176.136. We would make an editorial change in § 176.136 by removing the word “portable.”

Section 176.142. Based on a comment from the National Cargo Bureau, Inc., in § 176.142, paragraph (a), we would revise the list of hazardous materials that may not be transported in a vessel carrying Class 1 (explosive) materials to reflect the most current proper shipping names and to add one extremely flammable material, “Methyl phosphonous dichloride, pyrophoric liquid,” NA2845.

Section 176.720. We would add a new section to require a vessel carrying INF cargo in international transportation to comply with the “International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships,” (INF Code, 1998, English edition). The INF Code was adopted by the International Maritime Safety Committee and will be effective January 1, 2001 under the IMDG Code.

Part 177

Section 177.848. In paragraph (g)(3)(vi), we inadvertently added the terms “special stowage” and “stowed” from the corresponding vessel section of the HMR (§ 174.81) under HM-215C (64 FR 10742). In this NPRM, we propose to correct the wording by removing “special stowage,” which is not applicable to this section, and replacing “stowed” with “loaded, transported and stored.” We received a joint petition from the American Trucking Associations (ATA) and the Institute of Makers of Explosives (IME) (P-1396) requesting additional clarification of this paragraph. The paragraph reads:

“(vi) “6” means explosive articles in compatibility group G, other than fireworks and those requiring special stowage, may be stowed with articles of compatibility groups C, D and E, provided no explosive substances are carried in the same vehicle.”

In this paragraph and the corresponding paragraph in § 174.81, the petitioners request that the word “other” be inserted before the wording “explosive substances.” However, there is a distinction between the words “articles” and “substances.” This paragraph pertains to certain explosive articles allowed to be stowed if no explosive substances (not articles) are carried on the same vehicle.

Part 178

Section 178.273. We are proposing to add a new section by moving the current requirements for the approval of Specification portable tanks from § 173.32a to the proposed § 178.273. These current approval provisions will precede the requirements for UN portable tanks (as proposed in §§ 178.274 through 178.277).

Sections 178.274, 178.275, 178.276 and 178.277. Based on the eleventh revised edition of the UN Recommendations, we are proposing to incorporate four new sections into the HMR for the UN portable tank requirements. This proposed action is based on our own initiative and responds to a petition for rulemaking (P-1373). The requirements apply to the design and construction of portable tanks. The IMO Dangerous Goods, Solid Cargoes and Containers (DSC) Sub-Committee agreed to incorporate the new harmonized UN multimodal portable tank requirements into the reformatted IMDG Code, Amendment 30. The reformatted IMDG Code is scheduled to become effective on January 1, 2001. The IMDG Code also includes a provision to allow for the continued use of portable tanks designed and constructed under the current requirements (those in Amendments 29 or previous amendments to the IMDG Code as applicable, depending on the date of construction).

The IMO intends to allow construction under the new requirements on January 1, 2001, on a voluntary compliance basis, with a mandatory compliance date of January 1, 2003. On January 1, 2003, all new portable tanks will be required to be manufactured in accordance with the new requirements. For purposes of harmonization, we are proposing to incorporate the corresponding design, construction and use requirements for UN portable tanks in the HMR. In addition, in § 173.32 we are proposing to provide for the continued use of IM 101, 102 and DOT Specification 51 portable tanks, which is consistent with the provisions adopted by the IMO.

The design and construction requirements for UN portable tanks do not differ significantly from the existing IM 101 and 102 portable tanks and the DOT Specification 51 requirements. In general, the UN requirements are less restrictive. For example, 6 mm (0.2 inches) minimum thickness is required for most portable tanks, as opposed to the current minimum thickness of 6.35 mm (0.3 inches) for IM 101 and 102 portable tanks. While the majority of the proposed changes involve relaxations of the regulatory requirements, there would be implications for portable tank manufacturers, shippers and operators who transport hazardous materials in portable tanks, and efforts would need to be undertaken to familiarize those affected with the differences. For example, we would require UN portable tanks used for the transportation of liquefied compressed gases to be approved by a DOT-designated approval agency, and we would require all UN portable tanks to meet a 4 g impact test. In addition to portable tanks for liquids and liquefied compressed gases, we propose to incorporate requirements for portable tanks that are used to transport refrigerated liquified gases (cryogenic liquids). Currently, requirements for portable tanks used for refrigerated liquefied gases are not specified in the HMR, and we authorize their use only under DOT exemptions. The differences between UN portable tanks and the current portable tank requirements include, but are not limited to the following:

—The proposed definition for portable tank includes multimodal tanks with a capacity of more than 450 liters (118.9 gallons). Previously, IMO Type Start Printed Page 633025 and DOT Specification 51 tanks intended for the transport of liquefied compressed gases were limited to a capacity of more than 1000 liters (264.2 gallons).

—The proposed design temperature range is defined as −40 °C to 50 °C (−40 °F to 122.0 °F). This NPRM also proposes design temperatures to be considered for portable tanks subjected to severe climatic conditions. Current regulations specify −20 °C to 50 °C (−4.0 °F to 122.0 °F).

—The proposed UN leakage test for liquids specifies a test pressure not less than 25% of Maximum Allowable Working Pressure (MAWP). The current HMR requirements specify an internal pressure equivalent to MAWP, but not less than 0.2 bar (20.0 kPa) for liquids.

—The proposed test requires that the design and construction of portable tanks must take into account the effects of fatigue during normal conditions of transport. Currently, this is not required in the HMR.

—The proposed requirements specify an absolute minimum thickness of 3 mm (0.1 inches), regardless of the material used and regardless of whether additional protection is provided.

—A rail impact test of 4 g would be required for all portable tanks meeting the definition of “Container” in the International Convention for Safe Containers (CSC).

—The proposed requirements specify that the test pressure be 1.3 times the design pressure. Currently, under the HMR, DOT 51 portable tanks are required to have a test pressure of 1.5 times the design pressure; however, this is based on the vapor pressure of the hazardous material at 115 °F (46.1 °C), whereas the UN calculates the vapor pressure at 65 °C (149 °F). Therefore, the differences between 1.5 at 46 °C and 1.3 at 65 °C would not be significant.

—The proposed requirements include a figure for thermal conductance for the thermal insulation systems of shells intended for the transport of liquefied compressed gases.

—The proposed requirements include a definition for “Holding time” relevant to portable tanks used for the transportation of refrigerated liquefied gases. This is consistent with current HMR requirements in § 178.338-9 for cargo tanks.

—The proposed requirements specify the effectiveness of the insulation system (heat influx in watts) based on a test using the portable tank.

—The proposal allows the specified minimum values for austenitic steels to be increased by 15% according to recognized material standards when greater values are provided in the material inspection certificates.

—The proposed requirements allow the combined capacity of all pressure relief devices to be sufficient to limit the pressure to 120% of the MAWP for liquefied compressed gases.

—The proposed requirements include a new filling limit for the transport of helium.

Based on the above discussion (§§ 178.273 through 178.277), five new sections are proposed to be added as follows: § 178.273 would be added by moving the current requirements for the approval of Specification portable tanks from § 173.32a and introducing similar requirements for UN portable tanks; § 178.274 would be added for the UN portable tank general design and construction requirements; § 178.275 would be added for the additional specifications for UN portable tanks intended for the transportation of liquid and solid materials of Classes 3 through 9; § 178.276 would be added for the additional requirements for UN portable tanks intended for the transportation of liquefied compressed gases; and § 178.277 would be added for the additional requirements for the design, construction, inspection and testing of UN portable tanks intended for the transport of refrigerated liquefied gases.

Section 178.703. Paragraph (a)(1) would be revised by incorporating a minimum height of 12 mm (0.5 inches) for IBC markings and by adding a requirement to allow use of the “W” mark for approval of equivalent IBC packagings, as provided for in § 178.801(i).

Section 178.705. We are proposing to revise the minimum wall thickness requirements to take into account the capacity of the IBC, as well as the IBC design type.

Section 178.801. In paragraph (i), we are proposing to add an approval provision for the use of large packagings, as defined in § 171.8 of this NPRM, provided the large packagings conform to the construction standards, performance testing and packaging marking as specified in UN Recommendations.

Section 178.812. Based on our own initiative, we would revise paragraph (c)(1) and add a new paragraph (c)(3) to add an alternate method for conducting the top lift test for flexible IBCs. Currently, the proposed alternate method is authorized in several approvals issued by the Associate Administrator.

Part 180

Sections 180.601, 180.603, 180.605. We propose to move the qualification and maintenance requirements for portable tanks to part 180. We believe that these requirements would be more appropriately placed in part 180 along with the qualification and maintenance requirements for cargo tanks, IBCs and tank cars. Therefore, we propose to add a new subpart, subpart G, to part 180 for the qualification and maintenance of portable tanks, and to include the incorporation of UN portable tanks as proposed in this NPRM.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. The proposed rule is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation [44 FR 11034]. Because of the minimal economic impact of this proposed rule, preparation of a regulatory impact analysis or regulatory evaluation is not warranted.

B. Executive Order 13132

This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This proposed rule would preempt State, local and Indian tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

The Federal hazardous material transportation law, 49 U.S.C. 5101-5127, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are:

(1) The designation, description, and classification of hazardous materials;

(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials;

(3) The preparation, execution, and use of shipping documents related to hazardous materials and requirements related to the number, contents, and placement of those documents; Start Printed Page 63303

(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous; or

(5) The design, manufacture, fabrication, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material.

This proposed rule addresses covered subject items (1), (2), (3), and (5) above and would preempt State, local, and Indian tribe requirements not meeting the “substantively the same” standard. This proposed rule is necessary to incorporate changes already adopted in international standards. If the changes proposed in this NPRM are not adopted in the HMR, U.S. companies, including numerous small entities competing in foreign markets, will be at an economic disadvantage. These companies would be forced to comply with a dual system of regulation. The proposed changes are intended to avoid this result.

Federal hazardous materials transportation law provides at 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. Thus, RSPA lacks discretion in this area. RSPA proposes that the effective date of Federal preemption will be 180 days from publication of a final rule in this matter in the Federal Register.

C. Executive Order 13084

This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13084 (“Consultation and Coordination with Indian Tribal Governments”). Because this proposed rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13084 do not apply.

D. Regulatory Flexibility Act

This proposed rule would incorporate changes introduced in the eleventh revised edition of the UN Recommendations, the 2001-2002 ICAO Technical Instructions, and Amendment 30 to the IMDG Code. It would apply to offerors and carriers of hazardous materials and would facilitate the transportation of hazardous materials in international commerce by providing consistency with international requirements.

The costs associated with this proposed rule are considered to be so minimal as to not warrant preparation of a regulatory impact analysis or regulatory evaluation. The majority of amendments should result in cost savings and would ease the regulatory compliance burden for shippers engaged in international commerce, including trans-border shipments within North America. For example, cost savings will be realized by shippers and carriers as a result of eliminating the differences between primary and subsidiary labels. As a result of this change, it will no longer be necessary to stock two sets of labels for each hazard class. To ease any burden associated with this change, we are proposing a reasonable transition period where labels meeting current and proposed requirements may be used. Other cost savings include: revising minimum thickness requirements for metal IBCs; providing greater harmonization with international regulations and flexibility for IBCs and portable tanks that may be used for the transportation of hazardous materials; authorizing the use of UN portable tanks while retaining current IM 101, 102 and DOT Specification 51 portable tank requirements and authorizations for their use; numerous deletions from the hazardous materials table and the marine pollutant list; more flexible requirements for transporting samples of hazardous materials; authorization to use a single explosives placard when explosives of several compatibility groups are transported in a single freight container or vehicle; several clarifications of existing regulatory requirements; and revised requirements for large lithium batteries which will simplify the regulatory requirements applicable to batteries used in high energy efficient hybrid vehicles. We are proposing immediate voluntary compliance (as of January 1, 2001 or the date of publication of the final rule, whichever occurs first), a delayed effective date and a one-year transition period to allow for training of employees and to ease any burden on entities affected by the proposed amendments. Many companies involved in domestic, as well as global operations, will realize economic benefits as a result of the proposed amendments in this rulemaking. Therefore, I certify that this proposed rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This certification is subject to modification as a result of a review of comments received in response to this proposal.

E. Paperwork Reduction Act

We have current information collection approvals under OMB No. 2137-0557, Approvals for Hazardous Materials, which expires March 31, 2002, with 18,302 burden hours and $413,737.40 annual costs, and OMB No. 2137-0018, Inspection and Testing of Portable Tanks and Intermediate Bulk Containers, which expires March 31, 2002, with 51,340 burden hours and $10,235,000 annual costs. We believe that this proposed rule may result in minor incremental increases in the annual burden hours and costs. If these proposals are finalized, the current approvals would be revised and resubmitted to OMB for extension and re-approval.

Section 1320.8(d), Title 5, Code of Federal Regulations requires that RSPA provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. This notice identifies information collections that we may submit to OMB for extension and re-approval based on the requirements in this proposed rule. We have revised burden estimates, where appropriate, to reflect current reporting levels or adjustments based on changes in this proposed rule since the information collections were last approved. We estimate that the total information collection and recordkeeping burdens as proposed in this rule would be revised as follows:

OMB No. 2137-0557:

Number of Respondents: 3,518.

Total Annual Responses: 3,869.

Total Annual Burden Hours: 18,381.

Total Annual Burden Cost: $413,737.40.

One-time Annual Start Up Burden Hours: 168.

One-time Annual Start Up Cost: $11,758.50.

Total Responses for First Year: 4,005.

Total Annual Burden Hours for First Year: 18,549.

Total Annual Burden Cost for First Year: $425,495.90.

We specifically request comments on the information collection and recordkeeping burdens associated with developing, implementing, and maintaining these requirements for approval under this proposed rule.

Requests for a copy of the information collection approvals, requests and data should be directed to Deborah Boothe, Office of Hazardous Materials Standards (DHM-10), Research and Special Programs Administration, Room 8102, 400 Seventh Street, SW, Washington, Start Printed Page 63304DC 20590-0001, Telephone (202) 366-8553.

Written comments should be addressed to the Dockets Management System as identified in the ADDRESSES section of this rulemaking. Comments should be received prior to the close of comment period identified in the DATES section of this rulemaking. Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it displays a valid OMB control number. If these proposed requirements are adopted in a final rule, we will submit the revised information collection and recordkeeping requirements to the Office of Management and Budget for approval.

F. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

G. Unfunded Mandates Reform Act

This proposed rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $100 million or more to either State, local or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the rule.

Start List of Subjects

List of Subjects

• Exports
• Hazardous materials transportation
• Hazardous waste
• Imports
• Incorporation by reference
• Reporting and recordkeeping requirements

• Education
• Hazardous materials transportation
• Hazardous waste
• Labeling
• Markings
• Packaging and containers
• Reporting and recordkeeping requirements

• Hazardous materials transportation
• Packaging and containers
• Radioactive materials
• Reporting and recordkeeping requirements
• Uranium

• Hazardous materials transportation
• Radioactive materials
• Railroad safety

• Air carriers
• Hazardous materials transportation
• Radioactive materials
• Reporting and recordkeeping requirements

• Hazardous materials transportation
• Maritime carriers
• Radioactive materials
• Reporting and recordkeeping requirements

• Hazardous materials transportation
• Motor carriers
• Radioactive materials
• Reporting and recordkeeping requirements

• Hazardous materials transportation
• Motor vehicle safety
• Packaging and containers
• Reporting and recordkeeping requirements

• Hazardous materials transportation
• Motor carriers
• Motor vehicle safety
• Packaging and containers
• Railroad safety
• Reporting and recordkeeping requirements

End List of Subjects

In consideration of the foregoing, 49 CFR Chapter I is proposed to be amended as follows:

Start Part

PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 would continue to read as follows:

Start Authority

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

End Authority

2. In § 171.7, in the paragraph (a)(3) table:

a. Under the entry “American Society for Testing and Materials”, a new entry would be added in alpha-numeric order;

b. Under the entry “International Atomic Energy Agency (IAEA)”, a new entry would be added in alhabetical order;

c. Under the entry “International Civil Aviation Organization (ICAO)”, the existing entry would be revised;

d. Under the entry “International Maritime Organization (IMO)”, the existing entry would be revised and a new entry would be added in appropriate alphabetical order;

e. Under the entry “International Organization for Standardization”, three new entries would added in appropriate alphabetical/numerical order; and

f. Under the entry “United Nations”, the existing entries would be revised.

The revisions and additions read as follows:

End Part Start Part

PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS

9. The authority citation for part 172 would continue to read as follows:

Start Authority

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

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10. In § 172.101, paragraph (c)(11) would be revised and new paragraphs (c)(16) and (k)(6) through (k)(20) would be added to read as follows:

End Part

c. In Column (2), for the following entries, the word “inhibited” would be revised to read “stabilized”:

d. In Column (7), the following entry would be revised as follows:

e. In Column (7), the following entries would be revised as follows:

Note to reader:

The following Table is listed in numerical order according to the UN identification number. Columns 10 and 11 are proposed special provisions for IBCs. Columns 8 and 9 are proposed special provisions for portable tanks. If adopted, these four columns would appear in the Special Provisions column (Column (7)) of the § 172.101 Hazardous Materials Table.

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