SUPPLEMENTARY INFORMATION:

I. Background

On October 23, 2000, the Research and Special Programs Administration (RSPA) (hereafter, “we” and “our” means “RSPA”) published a notice of proposed rulemaking (NPRM) (65 FR 63294) under Docket HM-215D. The NPRM proposed changing the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, based on the UN Recommendations, the IMDG Code and the ICAO Technical Instructions 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.

On February 1, 2001, we published a final rule under Docket HM-215D (66 FR 8644) authorizing the use of the updated editions of the IMDG Code, the UN Recommendations and the UN Recommendations Manual of Tests and Criteria as proposed in the October 23, 2000 NPRM. This final rule addresses all other proposals published in the NPRM.

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. In § 171.11, subject to certain conditions and limitations, the HMR authorizes the offering, acceptance and transport of hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft.

On December 21, 1990, we 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, for harmonization with international standards. 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. According to the American Chemistry Council, exports of chemicals totaled almost $80 billion in the year 2000, while imports totaled nearly $74 billion. Harmonization serves to facilitate international transportation and at the same time ensures the safety of people, property and the environment.

While the intent of the harmonization rulemakings is to align the HMR with international standards, we review and consider each amendment on its own merit. Each amendment is considered on the basis of the overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated public.

In our efforts to continue the alignment of the HMR with international requirements, this final rule makes changes to the HMR based on the eleventh revised edition of the UN Recommendations, Amendment 30 to the IMDG Code, which became effective January 1, 2001; and, the 2001-2002 ICAO Technical Instructions ( printed page 33317) which becomes effective July 1, 2001. Petitions for rulemaking pertinent to harmonization with international standards and the facilitation of international transportation are also addressed in this final rule and serve as the basis of certain amendments. Other amendments are based on feedback from the regulated industry, other DOT modal administrations and our initiative. Included are a few editorial clarifications. Certain commenters raised nonregulatory issues, issues that are beyond the scope of this rulemaking or suggested revisions that are now impractical (such as correcting the spelling of an entry that we removed). Such comments will not be addressed. Unless otherwise stated, the revisions are for harmonization with international standards.

II. Overview of Changes in This Final Rule

(See specific section for discussion of comments.)

Amendments to the HMR in this final rule include:

—Incorporation by reference of the updated ICAO Technical Instructions and addition of incorporation by reference of five current standards which include an International Atomic Energy Agency (IAEA) 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 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 shipping name amendments include replacing the word “inhibited” with “stabilized.” Entry removals include certain domestic entries for which corresponding UN entries are currently 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, IM 102, DOT 51, DOT 57 and DOT 60 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.

—Revision of minimum thickness requirements for metal IBCs.

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

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

—Revision of the segregation table for hazardous materials stowed on aircraft.

—Allowance of the display of only 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 are updating the incorporation by reference for the ICAO Technical Instructions, and adding an ASTM standard, the current edition of the IAEA safety standard and three ISO standards as specified below. Amendment 30 to the IMDG Code, the eleventh revised edition of the UN Recommendations and the third revised edition of the UN Recommendations Manual of Tests and Criteria were incorporated into the HMR in a final rule under Docket HM-215D published February 1, 2001 (66 FR 8644) with a voluntary compliance date authorized as of January 1, 2001. One commenter opposed incorporation by reference of ASTM's E-112-96 Standard for Test Methods for Determining Average Grain Size,” and ISO's 1496-3 “Series 1 freight containers—Specification and testing,” 1996 edition; 4126-1 “Safety valves-Part 1: General Requirements,” 1991 edition, and 6892 “Metallic materials—Tensile testing,” 1984 edition. According to the commenter, the industry supports the use of voluntary consensus standards in commercial applications, however, because of the “frequency of change” and because industry does not adopt the standards verbatim, the commenter suggests that these standards be used as guidance. We disagree. The “National Technology Transfer and Advancement Act of 1995” directs agencies to use voluntary consensus standards. According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety and protects the environment. Furthermore, requirements in the industry consensus standards are not required to be applied on a mandatory basis unless specifically referenced as such. When incorporating standards in the HMR, we typically specify the specific requirements in the standard that must be met. Requirements that are not mandated in adopted standards are rarely imposed on a mandatory basis in RSPA rulemaking initiatives. On this basis, we are incorporating the standards as proposed.

For international shipments of radioactive material, we are adopting the International Atomic Energy Agency (IAEA) safety standards, “Regulations for the Safe Transport of Radioactive Material, No. TS-R-1” with restrictions for its use for the domestic portion of the transport. Additionally, we are retaining Safety Series No. 6 with the same restrictions. As explained previously, TS-R-1 is the updated edition of the current Safety Series No. 6. Under this final rule, domestic shipments remain subject to the HMR requirements which are based on Safety Series No. 6. For domestic use, a proposal to adopt some or all of the TS- ( printed page 33318) R-1 standards will be addressed under a separate rulemaking, Docket HM-230, which will provide discussion and opportunity for comment.

As discussed in the final rule under Docket HM-215D published on February 1, 2001, we received comments supporting and opposing the incorporation by reference of TS-R-1 into the HMR. We received several comments from industry supporting the incorporation of TS-R-1 including requests for expedited publication of this final rule. Shippers will be required to comply with the TS-R-1 standards for export shipments and failure to comply would result in foreign authorities refusing to accept hazardous materials shipments prepared in accordance with the HMR. Several commenters stressed the importance of a timely compliance date to allow for a reasonable period to implement the TS-R-1 standards and the ICAO Technical Instructions, which both become effective on July 1, 2001. One commenter pointed out that not only does the time element greatly inhibit the preparation of packagings when nearing the July 1, 2001 effective date, but it will also have an impact on packagings already in transit. One commenter stated that failure to adopt TS-R-1 for international shipments will result in serious health treatment implications because radioisotope pharmaceutical products that are necessary for such treatment would be frustrated in transportation.

As discussed in the February 1, 2001 final rule, we received many comments from private citizens and local citizen groups opposing the incorporation of TS-R-1. Some of these commenters also opposed the adoption of the updated editions of the IMDG Code and the ICAO Technical Instructions because both incorporate TS-R-1. (The IMDG Code was adopted in the February 1, 2001 final rule.) Most of the commenters stated that TS-R-1 lowers the level of safety for the transportation of radioactive materials and thereby poses hazards to the public, however many of these commenters did not provide any technical basis for their opposition. The comments included claims that the TS-R-1 standards for Type B packagings are “weakened.” As discussed in the February 1, 2001 final rule, the commenters are incorrect. The TS-R-1 standards strengthen Type B packagings by adding immersion and crush testing to the previously required performance tests. Furthermore, the standards also add limits on the contents of Type B packaging when being transported by aircraft. Some commenters claimed that uranium hexafluoride packaging requirements are “weakened” in TS-R-1. These commenters are also incorrect. The criticality requirements for packages containing uranium hexafluoride did not change.

Many of the commenters stated that TS-R-1's revised definition of radioactive material lowers the level of safety by changing the 70Bq/g activity concentration threshold. The revised radioactive material definition will be addressed under Docket HM-230 and is not adopted in this final rule. We are adding a paragraph to §§ 171.11 and 171.12 to clarify that only the current definition of radioactive material applies. In addition, we are maintaining the current provisions in §§ 171.11 and 171.12, including the values for Type A packaging contents. Shippers using TS-R-1 under the ICAO Technical Instructions or the IMDG Code must conform to the provisions and restrictions as set forth in §§ 171.11 and 171.12, respectively.

Based on the above, the incorporation by reference materials adopted in this final rule are as follows:

—The ICAO Technical Instructions—2001-2002 edition.

—ASTM's “E 112-96 Standard for Test Methods for Determining Average Grain Size” is 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. TS-R-1,” 1996 edition is added while retaining the previous edition entitled, “Regulations for the Safe Transport of Radioactive Material, Safety Series No. 6.” The TS-R-1 requirements were incorporated into the IMDG Code which became effective on a voluntary basis on January 1, 2001 and the ICAO Technical Instructions which will be effective July 1, 2001.

—Finally, we are adding three ISO standards to coincide with the incorporation of the UN portable tank requirements. The standards are as follows: “ISO 1496-3 Series 1 freight containers—Specification and testing,” 199 edition; “ISO 4126-1 Safety valves-Part 1: General Requirements,” 1991 edition; and, “ISO 6892 Metallic materials—Tensile testing,” 1984 edition.

In the NPRM, we proposed to add 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). Because the IMO Maritime Safety Committee adopted the INF Code for incorporation into the 2000 edition of the IMDG Code, which we authorized under Docket HM-215D (66 FR 8644) on February 1, 2001, we are not adding the INF Code separately under § 171.7. Also see §§ 176.2 and 176.720.

Section 171.8. We are adding four new definitions to § 171.8. “Large packaging” is added to correspond with the addition of an approval provision that allows the use of large packagings which comply with requirements in the UN Recommendations (see § 178.801(i)). Large packagings are UN-marked bulk packagings which are very similar to IBCs, with the exception that they contain inner packagings. In the NPRM, we proposed to add a definition for “Liner.” After reconsideration, we believe that this definition is overly restrictive because it would preclude the use of liners such as those used in portable tanks, (for example, lead or rubber liner materials), bulk bins, IBCs and other types of packagings and the proposed definition would limit liners to bags and tubes. Plastic sheeting, rotationally molded rubber lining and other types of liners that are not bags or tubes would be excluded because the proposed definition limited liners to bags and tubes. On this basis, we are not incorporating the definition for “Liner.” “Stabilized” is added in conjunction with the proposal to replace the word “inhibited” with “stabilized” in proper shipping names (see § 172.101). Finally, “UN portable tank” is added in conjunction with the requirements for the design, construction and use of UN portable tanks (see §§ 178.274, 178.275, 178.276 and 178.277).

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

Section 171.11. We are adding a new paragraph (d)(6)(vi) to limit the radioactive material definition to § 173.403. We are also adding 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.

Section 171.12. In the NPRM, we proposed to revise paragraph(b)(3) by adding a limitation to the use of the IMDG Code, 2000 edition that became effective January 1, 2001. The limitation which regulates certain viscous flammable liquids that are excepted from the IMDG Code was incorporated ( printed page 33319) into the HMR on February 1, 2001 (66 FR 8646). One commenter stated that we should revise paragraph (b)(5) by removing the reference to Section 26 of the General Introduction to the IMDG Code because it will become obsolete January 1, 2002 (66 FR 8645) due to the extensive reformatting. We agree and are making the revision accordingly. We are also revising the paragraph to allow for the use of IBCs and UN portable tanks intended for liquids and solids that conform to the requirements of the IMDG Code. We are adding 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. In addition, we are revising paragraph (d) to reflect the addition of the current edition of the IAEA “Regulations for the Safe Transport of Radioactive Material, No. TS-R-1,” 1996 edition. (See § 171.7 for discussion concerning the addition of the updated TS-R-1 standards) to ensure that radioactive material is defined in accordance with § 173.403.

Section 171.12a. We are adding 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 are revising 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 is October 1, 2001. However, we are authorizing immediate voluntary compliance. This authorization will allow shippers to prepare their international shipments in accordance with the new ICAO Technical Instructions, the IMDG Code and the HMR provisions. We also are authorizing a delayed mandatory compliance date of October 1, 2002 which is comparable to the transition provision provided in the final rule under Docket HM-215C. The delayed mandatory compliance date will 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 are revising paragraph (d)(2) to permit intermixing of old and new (HM-215D) hazard communication requirements until October 1, 2002.

We are adding a new paragraph (d)(4) to allow the use of the T code special provisions (assigned to certain hazardous materials in Column (7) of the HMT) in effect on December 31, 2000 until January 1, 2010 for hazardous materials offered for transportation in IM, DOT Specification 51 and IMO portable tanks. This amendment is consistent with the IMDG Code grandfather provisions for portable tank requirements and will minimize any undue regulatory burden.

We are adding a new paragraph (d)(5) to allow continued display of proper shipping names with the word “inhibited” on packagings until October 1, 2005. (See § 172.101, HMT for further discussion.)

Part 172

Section 172.101. Paragraph (b)(1) is being revised for clarification of the use of the plus (+) sign. (See preamble discussion later in this section under the Hazardous Materials Table (HMT). We are revising paragraph (c)(11) for materials transported as samples which are assigned a tentative proper shipping name, hazard class, identification number and packing group. We are adding provisions based on the eleventh revised edition of the UN Recommendations to include requiring the word “SAMPLE” to appear in the proper shipping name, requiring a combination packaging, limiting the packaging size to 2.5 kg and allowing an exception from including the technical name when the constituents are not known. We also are adding 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.

We received several comments concerning our proposal to revise hazardous materials transported as samples. Some commenters stated that prohibiting samples from being packed together with other hazardous materials would be overly restrictive and impose an undue burden. Commenters presented examples to demonstrate their argument, including one scenario in which a hazardous material is transported on dry ice. Our intention for revising this paragraph is to prevent the dangerous mixing of materials as prohibited in § 173.24 and to prevent the production of a mixture that would result in violation of § 173.21. Because the HMR requires samples to meet the requirements in §§ 173.21, 173.24, 173.24a and 173.24b, we agree that it is not necessary to prohibit samples from being shipped in the same packaging with other hazardous materials and are revising the paragraph accordingly. We are also removing proposed paragraph (c)(11)(i) in response to commenters' objections to the proposal prohibiting an explosive, infectious substance or radioactive material from being shipped as a sample. Provisions for transporting samples of such materials are currently authorized in the HMR and we agree that incorporation of the proposed paragraph (c)(11)(i) would be contrary to the current provisions. It was not our intention to remove the authorization to transport these materials as samples. As a result of these changes, certain proposed paragraphs are renumbered.

One commenter requested that the word “SAMPLE” be allowed to be shown on the shipping paper in association with the basic description. That is our intent, and although we proposed to require the word “SAMPLE” to appear in association with the basic description in the NPRM's preamble, the regulatory text wording required the “SAMPLE” to be shown before the basic description. The commenter is correct and we are revising the regulatory text accordingly.

One commenter requested that we change the term “hazardous waste” to “waste” because in accordance with § 171.8 the term “hazardous waste” applies only to those materials subject to the EPA manifest requirements under 40 CFR part 262. The commenter is concerned that generators of waste not subject to the EPA manifest requirements would be restricted from transporting their materials as samples. The commenter is incorrect by misapplying the use of the term “generators of waste” and “hazardous waste.” Under the CFR, the term “hazardous waste” does not apply to hazardous materials that are not subject to the EPA manifest requirements. Such materials are considered “a sample of material” in the context of paragraph (c)(11) and are not considered “waste” under the 49 CFR.

Finally, based on comments recommending various revisions to clarify the intent of the paragraph (c)(11), we made certain editorial amendments, including clarifying that technical descriptions do not apply when the primary constituents for which the tentative classification is based are not known.

In paragraph (k) for vessel stowage requirements in Column (10) of the HMT, we are adding new paragraphs (k)(6) through (k)(20) to include the IMDG Code vessel stowage category definitions for Class 1 (explosive) materials. This action is consistent with the new stowage categories and terminology contained in Amendment 30 of the IMDG Code. (Also see ( printed page 33320) preamble discussion under “The Hazardous Materials Table” and § 176.63.)

The Hazardous Materials Table (HMT). Amendments to the HMT include the following:

—Several commenters noted minor editorial errors in the HMT and we made the appropriate changes to correct these entries.

—For the entries, “Other regulated substances, liquid, n.o.s.” and “Other regulated substances, solid, n.o.s.,” we are adding 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).

One commenter requested that we allow marine pollutants to alternatively be described using the proper shipping names “Other regulated substances, liquid, n.o.s.” or “Other regulated substances, solid, n.o.s,” as appropriate. We are not adopting this requested amendment because the shipping names “Environmentally hazardous substances, liquid, n.o.s.” and “Environmentally hazardous substances, solid, n.o.s” more accurately describe marine pollutants as posing an environmental risk and are, therefore, more appropriate proper shipping names as required by the HMR.

—We are adding 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 are revising 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 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 revising 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 adding the entry “Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or seat-belt pretensioners, pyrotechnic,” UN0503 for air bags that are classified as Division 1.4G. We inadvertently omitted this entry in the NPRM. While we are not considering changing our policy or procedures for the classification of air bags as articles of Class 9, on the basis of the UN Manual of Tests and Criteria, 6c test, we believe that other competent authorities may assign a classification of 1.4G for some air bags. Incorporation of this entry is necessary to preclude the potential for frustrated shipments, the need to re-mark certain packagings or to change shipping papers for these air bags, when they are classified as 1.4G by other competent authorities and are being transported to or from the United States.

—We are revising all proper shipping names containing the word “inhibited” by replacing “inhibited” with the word “stabilized.” (Also, see the added definition for “stabilized” in § 171.8.) One commenter opposed the proposal to replace the word “inhibited” with “stabilized” and suggested that, instead, we clarify that monomers can be properly inhibited through means other than the addition of an inhibitor. The commenter stated that the words “inhibited” and “stabilized” have the same meaning for the purpose of transportation and expressed concern that we do not understand the distinction between the two words. The commenter also requested that we add several generic n.o.s. entries that include the word “inhibited” in the proper shipping names. We are not convinced of the merits of either request. The word “stabilized” introduces internationally accepted and standardized hazard communication wording and conveys that the addition of a stabilizing compound or other means of stabilization such as temperature control measures, have been implemented to prevent an unwanted reaction of a hazardous material. The word “stabilized” conveys a broader meaning of inhibiting uncontrolled reaction of a hazardous material (see § 171.8) by different methods. The continued use of the word “inhibited” would lead to a dual system of hazard communication that would be burdensome to shippers and carriers. In addition, the word “stabilized” is more adequately descriptive from the emergency responders' perspective. Adopting the word “stabilized” will also alleviate the necessity of issuing numerous exemptions for the variety of methods or combination of methods used to inhibit uncontrolled reactions without the use of inhibiting chemicals. Based on these reasons, we are adopting the amendment as proposed.

One commenter requested that we extend the proposed transition period for this amendment to provide sufficient relief from remarking all affected bulk packagings. The commenter stated that an extended transition period would allow the remarking to be accomplished during routine maintenance and periodic inspection cycles. In the NPRM, we proposed a transition period until October, 2002. We agree that a longer transition period for domestic transportation would help relieve any undue burden associated with this amendment without having a significant impact on safety. We are including a transitional provision in § 171.14 to allow the use of the word “inhibited” to be shown on packagings until October 1, 2005.

The allowance of additional means of stabilization and the removal of certain domestic entries from the HMT (see domestic entry removals later in this section) also addresses a petition for rulemaking (P-1304) requesting that we add a new domestic entry, “Methyl methacrylate monomer, uninhibited,” Class 3, NA1247, PG II to the HMT. As we stated, with respect to the request that we add generic n.o.s. entries that include the word “inhibited,” such an ( printed page 33321) action would also be contrary to the intent of global harmonization and would be beyond the scope of this rule. We are not adopting the request. Commenters having an interest in developing generic names for inclusion into the UN Recommendations should provide more specific information and examples of materials that require stabilization and are not covered by existing entries.

—We are revising 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, stabilized,” UN2531, we are replacing Packing Group III with Packing Group II.

—We are removing various domestic entries that have “NA” identification number assignments. As discussed in the NPRM, 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. In the NPRM, the revision of “Diesel fuel” with the identification number NA1883 was a printing error which we are correcting in this final rule. “Diesel fuel,” NA1993 is retained and we are adding “Diesel fuel, UN1202.” This amendment will allow flexibility of choice in the use of proper shipping names for domestic transportation. In addition, for the convenience of the HMT users, we are separating the entry “Gas oil or Diesel fuel or Heating oil, light” by giving each name a separate line entry in appropriate alphabetical order. In response to comments requesting that we reconsider the proposed removal of “Gasohol,” we are not removing the entry from the HMT.

One commenter recommended that we provide T codes and IBC codes (see § 172.102, Special Provisions) for the entry “Combustible liquid, n.o.s.,” NA 1993. We agree with the commenter and are adding portable tank instruction T1, portable tank Special Provision TP1 and IBC code IB3. However, we did not assign IB6 to this entry, as requested by the commenter, because § 173.150(f) currently allows for the use of non-specification bulk packagings.

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 are adding 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. TS-R-1.” In addition, we are revising the current radioactive material entries in the HMR to indicate that these entries may be used for domestic shipments, but may be inappropriate for international transportation.

—For Class 1 (explosive) entries, we are revising 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 proposed adding a plus sign (+) 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 consistent with the UN Recommendations. One commenter objected to this proposal by stating that the action would unnecessarily restrict the shipment of dilute solutions of methanol. The commenter presented diluted methanol meeting the criteria for PG III as an example. In previous preamble discussions (see HM-215C Final Rule— Federal Register: March 5, 1999 (Volume 64, Number 43)) we indicated that a mixture or solution containing a hazardous material where the hazard is significantly different from that of the pure material should be evaluated on the basis of classification criteria. If such a mixture or solution does not meet the corresponding hazard class, a different proper shipping name may be used. Our position remains that when a mixture or solution of a material that is assigned a plus sign in column 1 of the HMT, no longer exhibits a hazard to humans, the material need not be described using a proper shipping name with a plus sign assignment. We recognize the need to clarify the intent of the plus sign in paragraph (b)(1). We are adding a sentence to paragraph (b)(1) to clarify the applicable requirements when the plus (+) sign is assigned to a proper shipping name.

—We are removing the entry “Isobutyric anhydride,” UN2530.

—For the entry “Morpholine,” UN2054, we are replacing Class 3 with Class 8, replacing Packing Group III with Packing Group I , and adding Class 3 as the subsidiary hazard.

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

—For approximately 14 Zone A and B toxic-by-inhalation entries, we are revising the quantity limits for transport by air to “forbidden.” These revisions are consistent with other toxic-by-inhalation entries in the HMT and with the requirements of the ICAO Technical Instructions.

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

—We received a comment stating that our proposal to add Special Provisions 128 and B115 to the entry, “Magnesium granules, coated, particle size not less than 149 microns,” UN2950 (PG III only) was not reflected in the HMT and should also apply to “Water-reactive solid, n.o.s,” UN2813. After re-evaluation, we do not consider that it is appropriate to apply Special Provision 128 to “Magnesium granules, coated,” UN2950, because we are not convinced that these materials pose a Class 8 risk. As explained in the NPRM, this action is based on a petition for rulemaking (P-1338) that we received from the Aluminum Company of America (Alcoa). 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 sift-proof bulk packagings when the material is loaded dry, precautions are taken to prevent liquid from reaching the hazardous materials and the bulk packagings are appropriately vented. However, UN2950 is assigned to bulk packaging § 173.240 which already allows non-specification bulk packagings and, therefore, we are not applying Special Provision 128 or B115 to UN2950 in this final rule. In response to the comment that Special Provisions 128 and B115 should apply to “Water-reactive solid, n.o.s.” UN2813, we note that exemption DOT E-11602 only applies to one specific material containing magnesium or magnesium nitrides that is described using a technical name in association with “Water reactive solid, n.o.s.” We do not agree that broad application of Special Provisions 128 and B115 to all ( printed page 33322) PG II or III water-reactive solids is appropriate or necessary.

—We received a comment stating that we did not include IBC and portable tank assignments for the PG II entry for “Extracts, flavoring, liquid,” UN1197. The oversight is corrected in this final rule.

—Several commenters noted minor editorial errors in the HMT and we made the changes as appropriate.

—For approximately 1,600 entries, we are revising Column (7) by harmonizing the HMR authorizations for IBCs with those contained in the UN Recommendations. As dicussed in the NPRM, in most cases the UN Recommendations provide for greater flexibility in the use of different types of IBCs. However, for certain hazardous materials, the incorporation of the UN IBC requirements further restricts the types of IBCs that were authorized prior to this final rule for certain hazardous materials. For example, some Packing Group II liquid hazardous materials of Class 3, Division 6.1 and Class 8 that were previously authorized to be transported in composite IBCs with flexible inner receptacles (such as 31HZ2) are no longer authorized. For the benefit of the reader and to facilitate a review of the proposed amendments, in the NPRM, we included a table identifying all of the affected hazardous materials and indicated the current bulk assignments and the proposed IBC assignments.

The IBC packaging requirements are included in a newly-created IBC Table under the Special Provisions section in § 172.102(c)(4). The table consists of IBC Codes (using the designations IB1-IB99) corresponding to the UN IBC packing instructions, and BB Codes corresponding to the UN IBC special packing provisions. We assigned 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 makes it easier for readers to identify the authorized IBCs for specific hazardous materials. As a result of this amendment, we are revising the bulk special provisions in § 172.102(c)(3) to remove the previously authorized bulk codes relevant to the use of IBCs. We are also revising the current IBC packaging authorizations under §§ 173.240(d), 173.241(d), 173.242(d) and 173.243(d).

This revision 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 that we allow the use of rigid plastic IBCs and composite IBCs with a rigid plastic inner receptacle for certain liquids. We agree with RIBCA's request, however, as discussed in the NPRM, in the interest of harmonization, we believe it is more beneficial to adopt the UN Recommendations' IBC packing instructions in totality, and, as such, are amending the HMR accordingly.

One commenter stated that under the new IBC packing instructions, sodium cyanide and potassium cyanide would no longer be permitted in fiberboard or flexible IBCs. The commenter states that they are currently shipped this way according to B69. Although the UN Recommendations do not allow these types of IBCs for such materials, we are maintaining authorization for the use of fiberboard IBCs in domestic transportation. We will pursue the amendment to IB7 to allow the use of fiberboard (11G) IBCs through a proposal to the UN Transport Committee. However, we do not agree that flexible IBCs should be authorized for these hazardous materials.

The commenter also stated that large packagings should be authorized for sodium cyanide and potassium cyanide. Assignment of large packaging authorizations to specific substances is beyond the scope of this final rule. Currently, the UN Recommendations do not authorize large packagings for these substances. Large packagings are limited primarily to Packing Group III hazardous materials in the UN Recommendations. We plan to work through the UN Transport Subcommittee to address the commenter's concerns and depending on the outcome, we will address this issue in a future rulemaking.

Appendix B to § 172.101. In Appendix B to 172.101, List of Marine Pollutants, we are revising paragraph “1” by referencing § 171.4, which contains the applicability and exceptions for offering for transportation or transporting marine pollutants. We are revising 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 in the HMT and does not meet the definitions of Class 1 through 8. In addition, a number of materials are added, removed or amended in the List of Marine Pollutants. The entry “EPTC (ISO)” is removed. The entry was also 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 no longer identified as marine pollutants are also removed. Consistent with the proper shipping name revisions to replace the word “inhibited” with “stabilized,” we are making the change to five entries in the List of Marine Pollutants. All of the amendments to the List of Marine Pollutants are consistent with the marine pollutants provided in Amendment 30 of the IMDG Code. (Also see § 172.101, HMT for comment on use of proper shipping names for certain marine pollutants.)

One commenter stated that the proposal to remove the entry “Dichlorobenzenes (meta, ortho and para)” from Appendix B and replace it with the entry “Dichlorobenzene (para)” will result in an inappropriate listing of entries in Appendix B of the HMT for dichlorobenzene isomers. The commenter stated that the changes in Amendment 30 of the IMDG Code only delist “1,2 Dichlorobenzene (ortho)” as a marine pollutant and that the appropriate dichlorobenzene entry, in addition to existing “1,3 Dichlorobenzene,” and “1,4 Dichlorobenzene,” should be “Dichlorobenzene (meta; para).” We agree with the commenter and are revising the entry accordingly.

Section 172.102. We are revising, adding and removing special provisions as follows:

—Special Provision 43 is revised to include a provision which excepts “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 Subsection 33.2.1. of the UN Manual of Tests and Criteria, Part III.

—Special Provision 110 is revised to more fully identify fire extinguishers that may be assigned to certain proper shipping names. The revision also provides for harmonization with the ICAO Technical Instructions. (We also are adding the special provision to the entry, “Fire extinguishers containing compressed or liquefied gas.” See § 172.101 HMT amendments.)

—Special Provision 128 is revised based on the amendment to assign it to “Magnesium granules, coated, particle size not less than 149 microns.” (See § 172.101 HMT changes.)

—Special Provision 136 is 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 HMT changes.) ( printed page 33323) We are revising 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 is added for two new 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 is assigned for the new entry “Nitroglycerin mixture, desensitized, liquid, n.o.s.” The special provision requires the material to be approved by the Associate Administrator.

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

—A new Special Provision A53 is added for the entry “Refrigerating machines,” UN2857 and contains the exceptions from the HMR for certain refrigerating machines. The exceptions are currently in § 173.307.

—In conjunction with the amendment to revise and consolidate the IBC requirements (see § 172.101, Column (7) changes), we are adopting the following changes: revising 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, adding a new paragraph (c)(4) for special provisions specific to IBCs (IP Codes). IP codes are used to describe the IBC packing instructions. We redesignated the term “BB” Codes, as named in the NPRM, to “IP” Codes in this final rule in order to make it easier for the HMR user to locate the Special Provisions. By redesignating the “BB” Codes, the IB the IP Codes will be listed together in alphabetical order in § 172.102.

—The current T codes in paragraph (c)(7) are revised to reflect the incorporation of requirements for UN portable tanks and apply to hazardous materials of Classes 2 through 9. The revised T codes are consistent with those in the UN Recommendations and the IMDG Code and supersede the current HMR IM portable tank T codes. The T code provisions are required in addition to the 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 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 is provided for the continued use of the existing T codes for IM and DOT 51 portable tanks (see § 171.14(d)(5)).

One commenter stated that we did not provide for filling limits for portable tanks used to transport refrigerated liquefied gases. To correct this oversight, we are including filling limits that are similar to those applicable to cryogenic cargo tanks authorized under the HMR to transport refrigerated liquified gases. The filling limits will be contained in new Special Provision TP5 which was previously reserved. TP5 is assigned to all refrigerated liquified gases with a tank code T75 assignment.

A commenter stated that fittings were not defined for TP22 which states that lubricants for portable tank fittings must be oxygen compatible. We do not believe that it is necessary to define “fittings” other than to require that they must be oxygen compatible. Our basic intent is that no incompatible materials or lubricants be used on fittings such as fasteners, valves, gauges, pipe thread or other fittings that may come into contact with the oxygen and cause an unsafe condition in transport.

— We are removing proposed TP47 because it is not currently necessary. It is not assigned to any entries and the present requirements are addressed in the applicable packaging sections.

— In paragraph (c)(7)(iv), we are adding definitions for “small,” bare,” “sunshield” and “insulated” as they apply to T50.

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

— A new Special Provision W8 is added for four new Class 7 entries and assigned 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 is 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 action aligns 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 172.202. We are revising paragraph (a)(4) based on a comment requesting that we eliminate the shipping paper requirement for inclusion of the packing group (PG II) for Class 1 (explosives) because the requirement conflicts with the UN Recommendations, the ICAO Technical Instructions and the IMDG Code, all of which do not require the inclusion of PG II on shipping papers. We agree with the commenter. The packing group does not indicate the degree of risk for explosives and does not aid emergency responders and we are providing an exception from this requirement. Based on the same reasoning, we are including in paragraph (a)(4) an exception from the packing group notation for organic peroxides and self-reactive materials.

Section 172.203. We are revising paragraphs(d)(11), (i) and (n). In paragraph (d)(11), we are allowing 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 group notation is contained in the proper shipping name. Based on a commenter's request for clarification, we are making editorial revisions to this paragraph to improve the clarity of the additional description requirements applicable to low specific activity (LSA) materials and surface contaminated objects (SCO). We are changing the wording “unless these symbols are” to “unless the group notation is,” and adding the wording “as described in the § 172.101 Hazardous Materials Table” after the wording “proper shipping name.” ( printed page 33324)

In paragraph (i), we are adding two shipping paper description requirements for transportation by vessel. The first amendment is added as new paragraph (i)(5) and requires the flash point for a liquid hazardous material with a flash point of 61 °C or below to be included on shipping papers when transported by water.

One commenter objected to the proposed requirement that for materials having a flash point of 61 °C or less (closed cup c.c.), the flash point must be included on shipping papers. The commenter questioned the value of this requirement. We submit that knowledge of the flash point of a material is a requirement for vessel operators under the requirements of SOLAS Chapter II-2, Regulation 54. The SOLAS requirement imposes cargo hold, electrical, ventilation, fire protection and bilge pump requirements on hazard classes 3, 6.1 and 8, having a flash point of 61 °C or less. In order to ensure that vessel operators have this information, the IMDG Code requires a shipper to include the flash point of such materials on shipping papers. Although for most hazardous materials this information may be derived from the classification and packing group, for some hazardous materials this is not possible. To ensure that the flash point information is readily available, and to harmonize the HMR with the IMDG Code, we are adopting the requirement as proposed.

As discussed in the NPRM, 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 flash point in degrees Celsius for Class 3 (flammable) or 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 are adding the requirement to specify the flash point 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 shipping paper description requirements for transportation by vessel is added as new paragraph (i)(6) and is based on comments from the USCG regarding further harmonization with the IMDG Code. The amendment requires subsidiary risks of a hazardous material that are not reflected in the proper shipping name to be included on shipping papers.

In paragraph (n), we are clarfiying 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.”

Section 172.330. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising three such proper shipping names in paragraph (a)(1)(ii).

Sections 172.402, 172.405 and 172.411. We received several comments concerning the proposal to remove the requirement to differentiate between primary and subsidiary labels. One commenter opposed the requirement with no elaboration. A second commenter stated that it would lower the level of safety. A third commenter opposed the adoption of the requirement stating that as an emergency responder, vital information necessary to respond to an incident would be lost. We disagree with this commenter. When a hazardous material has two or more hazards, each hazard must be considered in determining the appropriate response to an incident. The commenter also pointed out that the subsidiary risk is not required on shipping papers which would be another method for emergency responders to obtain the information. Under a separate rulemaking and consistent with the 12th edition of the UN Recommendations, we plan to propose a requirement to identify the subsidiary risks on shipping papers for all modes. In addition, for vessel only, we are adopting a requirement in this final rule for mandatory notation of subsidiary hazards on shipping papers, unless the subsidiary hazard is reflected in the proper shipping name. Consistent with the eleventh revised edition of the UN Recommendations, we are removing the requirement to differentiate between primary and subsidiary labels. Prior to this final rule, primary labels were required to display the hazard class or division number in the lower corner of the label, while subsidiary labels could not display these numbers. We believe the display of the hazard class and division on all labels will enhance safety and hazard communication. We are amending the requirement which provides for two label specifications (one for primary hazards and one for subsidiary hazards) by removing the subsidiary hazard label specification. This change also provides relief by eliminating the need for shippers to stock two sets of labels.

Another commenter stated that the proposed 5 year transition period for continued use of subsidiary risk label requirements in effect prior to this final rule, is too lengthy and could cause problems in domestic transportation for multimodal shipments. The commenter stated that the proposed transition period is not necessary because the ICAO Technical Instructions and the IMDG Code have much shorter transition periods in place, and that it seems unlikely that shippers would stock 5 year supplies of subsidiary risk labels. Based on feedback from industry, we believe that a 5 year transition period is warranted to allow sufficient time for filled packagings that are pre-labeled to complete their cycle out of transportation. We are not convinced that the 5 year transition period will cause problems in domestic transportation. Also, based on feedback from industry, we maintain that many shippers stock 5 year supplies of subsidiary risk labels. Therefore, in order to provide a reasonable transition period, we are allowing labels meeting the label specifications in place prior to this final rule to continue to be displayed until October 1, 2005, at which time labels used to convey both primary and subsidiary hazards must display the appropriate hazard class or division number at the bottom of the label. (See § 171.14 for transition provisions.) The same amendment also applies to placards (see § 172.519).

Section 172.502. In paragraph (b), we are correcting an error that was published in the February 1, 2001 final rule under Docket HM-215D. Based on a request from the Federal Register , we added a reference to “see § 171.7.” During the typesetting process, the ICAO Technical Instructions were mistakenly added and the TDG Regulations were mistakenly omitted. We are correcting this error by removing the ICAO Technical Instructions and reinstating the TDG Regulations.

Section 172.504. Based on comments and our own initiative, we are revising paragraph (g) by allowing the display of only one placard bearing one compatibility letter when certain Class 1 materials (explosives) of different compatibility groups are transported together in a single transport vehicle or container. This amendment is consistent with the mixed packaging provisions in § 173.61.

Section 172.519. Consistent with the amendment to eliminate the distinction between primary and subsidiary labels, we are revising paragraph (b)(4) to eliminate the requirement to distinguish ( printed page 33325) between primary and subsidiary placards. In addition, we are incorporating 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 in domestic transportation provided they were permanently affixed before October 1, 2001. Non-permanently affixed subsidiary placards meeting the current placarding specifications are allowed to be displayed until October 1, 2005. (See § 171.14 for transition provisions.)

Part 173

Section 173.2a. Consistent with the eleventh revised edition of the UN Recommendations, in the paragraph (b) Precedence of Hazard Table, we are revising Footnote 2 to exclude liquid and solid desensitized explosives. In addition, we are adding the revised Footnote 2 to Class 3, PG I, II and III in the paragraph (b) Precedence of Hazard Table.

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

Section 173.24b. We are adding 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 173.29. One commenter requested that two petitions for rulemaking be addressed in this final rule. The petitions request that IBCs meeting the Environmental Protection Agency's empty container rule in 40 CFR 261.7 be allowed to be transported without vehicle placarding and shipping papers. We are not addressing this issue under HM-215D because it is beyond the scope of this rulemaking.

Section 173.31. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising one such proper shipping name in § 173.31(b)(2)(ii).

Section 173.32. One commenter stated that the consolidation of §§ 173.32, 173.32b and 173.32c would impose requirements for DOT Specification 57 portable tanks that previously did not apply. The commenter provided specific recommendations for ensuring that new requirements for the maintenance and continued use of DOT Specification 57 portable tanks are not introduced. We did not intend to impose new requirements for DOT Specification 57 portable tanks. We considered the recommendations of the commenter and revised § 173.32(d), (f) and (h) to address these recommendations.

One commenter suggested that we incorporate certain editorial changes in § 173.32 and part 180, subpart G, to clarify that not all portable tanks have a maximum allowable working pressure (MAWP) and that some requirements do not apply to all portable tanks, such as DOT Specification 56 and 57 portable tanks. The commenter stated that DOT Specification 57 portable tanks, for example, have a design pressure, but not a MAWP. The commenter also noted that when we consolidated the repair, inspection, test and maintenance requirements for portable tanks in the NPRM, we applied requirements to DOT Specification portable tanks that currently are not applicable under the HMR. We agree with the commenter's suggestions and are incorporating the suggested editorial corrections.

One commenter stated that one of its members maintains and operates a large fleet of ICC Specification portable tanks and they requested that we maintain the current grandfather provisions for these portable tanks. As stated in the NPRM, our intent with removing the provisions was based on whether these portable tanks were being used. With receipt of this comment, we are retaining the provisions currently in 173.32(b) and (c) of the HMR by incorporating them into § 173.32(c)(4) and (c)(5) in this final rule.

The commenter also stated that DOT Specification 60 and marine portable tanks were not addressed in the NPRM and requested that these portable tanks be authorized for continued use. We did not propose any changes in the NPRM that would prevent continued use of these portable tanks.

Another commenter expressed concern regarding our proposal to allow UN portable tanks to be designed and constructed to pressure vessel design codes other than the ASME Code. The commenter asked which codes would be acceptable and expressed concern that we would allow codes that are “less stringent” than the ASME Code. In response to this comment, we wish to advise the commenter that codes other than ASME will only be authorized if approved by the Associate Administrator for Hazardous Materials Safety, and only for UN portable tanks intended for the transport of liquid and solid hazardous materials. No approval provision was proposed for use of alternative design codes for portable tanks intended for the transport of liquefied gases. Because alternative codes are only allowed if approved by the Associate Administrator, applications for use of other design codes will be reviewed on a case by case basis. It is not our intention to allow the use of design codes that will not provide an equivalent level of safety as afforded in the ASME Code. We did not include a list of potential alternative codes because we have not considered which codes we will accept and because other factors, in addition to the design code, will be considered in each case.

One commenter stated that it is unclear whether the grandfather provision for DOT Specification 56 and 57 portable tanks manufactured after October 1, 1996 provides for such portable tanks to continue in service. We note that DOT Specification 56 and 57 portable tanks were not authorized to be manufactured after October 1, 1996. On October 1, 1996, the UN IBC requirements were introduced which replaced DOT Specification 56 and 57 portable tanks.

Because paragraphs (c)(3) and (g) concerning pressure relief valves for DOT specification portable tanks are duplicative, we are removing paragraph (g). With this action the paragraphs following the removed paragraph (g) are renumbered.

As proposed in the NPRM, we are revising § 173.32 to provide requirements for all portable tanks by consolidating the requirements for the use of IM portable tanks currently in § 173.32c into a single section and moving them to part 180, subpart G, with the qualification and maintenance requirements for IBCs, cargo tanks and tank cars. We are also including a grandfather clause in § 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 are authorized for continued use provided they meet the applicable periodic inspection and test requirements in part 180, subpart G. These requirements were previously in § 173.32b. On January 1, 2003, all newly manufactured portable tanks will 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). Finally, we are removing the provisions for the continued use of DOT Specification 52 and 53 portable tanks based on our view that these portable tanks are no longer ( printed page 33326) in use and the lack of comments to the contrary.

Section 173.32a. We are removing § 173.32a and moving its approval requirements for specification portable tanks to § 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 are including similar requirements for the incorporation of requirements for UN portable tanks.

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

Section 173.32c. We are removing § 173.32c. The requirements for the use of all specification portable tanks are now included in § 173.32, thereby precluding the need for § 173.32c.

Section 173.34. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising two such proper shipping names in § 173.34(e)(13).

Section 173.61. Based on our own initiative, for Class 1 (explosives) mixed packaging requirements, we are revising 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 are adding a new paragraph (e)(8) to allow explosive articles in compatibility group G, except for fireworks and articles requiring special packaging, to be packaged with articles of compatibility groups C, D and E, and the combined package may be treated as belonging to compatibility group E. This revision corresponds with the previous allowance contained in § 177.848(g).

Section 173.62. Consistent with adding the entries “Rockets with inert head, ” UN0502 and “1H-Tetrazole,” UN0504 to the § 172.101 Table, we are adding them to the paragraph (b) Explosives Table which specifies the Packing Instructions assigned to each explosive. In paragraph (c), we are revising 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 are revising 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 except as provided in § 175.10(a)(17). (See preamble discussion under § 175.10.)

Section 173.162. We are revising paragraph (a)(1) by clarifying that the types of packagings specified in the paragraph are combination packagings and that the glass, earthenware or rigid plastic packagings are authorized as inner packagings only. In addition, for these packagings, we are increasing 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 are revising § 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 consistent with the eleventh edition of the UN Recommendations. The definition of lithium content was revised in this final rule to make it consistent with a minor editorial clarification adopted by the Committee of Experts in its report of the 21st session (see section 38.3.2.2 in the amendments to the UN Manual of Tests and Criteria, report number ST/SG/AC.10/27/Add.2). This clarification was included based on a comment that we received. We adopted this clarification in order to prevent possible confusion about the lithium-equivalent content of lithium-ion battery packs that are currently used in many portable devices. For the readers' information, we plan to issue an NPRM under a separate rulemaking initiative to address the 12th edition amendments to the UN Recommendations that require all lithium batteries, regardless of the lithium content, to be subject to the lithium battery tests in Section 38 of the UN Manual of Tests and Criteria. The lithium battery amendments and revised test methods are available in the report of the UN Committee of Experts and may be downloaded at http://www.unece.org/​trans/​main/​dgdb/​dgcomm/​ac10rep.html.

Several commenters stated that we did not include the revised requirements applicable to large lithium batteries used for electric and hybrid vehicles and requested that we make the correction in the final rule. Although we discussed the amendment in the NPRM's preamble, the revised requirements were inadvertently omitted from the regulatory text. This error is corrected in this final rule.

Section 173.224. Consistent with the UN Recommendations, we are adding 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 are revising paragraph (b)(4) and removing paragraph (d) to allow Type F self-reactive 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 amending the paragraph (b) Organic Peroxide Table by making various changes, such as revising several technical names, packing method authorizations and control temperatures. These changes are consistent with the UN Recommendations. We are removing Notes “7” and “10” consistent with the adoption of UN IBC 520 and adding Note “26” to specify the available oxygen content limitation for certain new organic peroxide formulations. We are revising paragraph (e) to incorporate the requirements from the eleventh revised edition of the UN Recommendations relevant to the emergency venting devices for portable tanks and IBCs 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 are applying 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 are expanded to include UN portable tanks. We are adopting the requirements in Portable Tank Instruction T23 and IBC Special Provision, IBC 520.

A commenter brought to our attention that Note 26 as proposed would conflict with the § 173.21 restriction for ketone peroxides which limits oxygen content to 9% or less. We agree and are removing the proposed Note 26 text and renumbering the proposed Note 27 to Note 26. In addition, based on a comment, we are adding an organic peroxide formulation for 2,5 Dimethyl 2,5 di-2-ethylhex anoylperoxy hexane, UN3113. The entry was adopted in the UN Recommendations and inadvertently omitted in the NPRM. ( printed page 33327)

We understand that the current Organic Peroxide Table includes a number of formulations that are no longer used. We encourage users of the Organic Peroxide Table to provide us with comments in this regard, as well as suggestions for improving the Organic Peroxide Table.

Sections 173.240, 173.241, 173.242 and 173.243. In each section's paragraph (c), we are removing 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 are authorizing UN portable tanks. In conjunction with the revision to the requirements for IBCs, for alignment with international standards, we are revising 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 IP codes (see § 172.101, Column (7)). Based on a comment that we received, we are not requiring temperature sensing devices or reclosing pressure relief devices for DOT Specification 57 portable tanks. We agree with the commenter that such portable tanks have limited use and are very similar to IBCs.

We also received a comment stating that § 173.240 should be amended to allow the use of non-specification flexible (“supersacks”) IBCs for hazardous materials such as “Environmentally hazardous substances, solid, n.o.s.” Specifically, the commenter requested that we authorize the use of non-specification “supersacks” in § 173.240. The commenter questioned the omission by asking why we do not authorize non-specification IBCs, yet we provide for the use of other non-specification bulk packagings. While it is our intent at this time to maintain authorization for use of non-specification portable tanks and bulk bins in § 173.240(c), we do not agree that non-specification IBCs should be authorized. The only non-specification bulk packagings authorized in § 173.240 are portable tanks and bulk bins which are rigid packagings of a higher integrity when compared to a 2,000 pound non-specification bag. Neither the current HMR nor the UN Recommendations authorize the use of non-specification IBCs for environmentally hazardous substances. We believe that authorization of the non-specification “supersacks” would be detrimental to safety and, therefore, we are not incorporating it into the HMR.

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

Sections 173.301, 173.304, 173.314, 173.315 and 172.330. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising all such proper shipping names in these sections.

Section 173.306. Consistent with Packing Instruction P201 in the UN Recommendations, we are amending 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).

Sections 173.314 and 173.315. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising one such proper shipping name in § 173.314(c) and (g) and two such proper shipping names in § 173.315(a), (b) and (h).

Section 173.315. As proposed in the NPRM, we are revising paragraphs (a) and (i)(1)(iii) to incorporate provisions for the use of UN portable tanks for the transportation of liquefied compressed gases and the requirements for DOT Specification 51 portable tanks. In paragraph (a), we are incorporating a reference to new tank instruction T50 (see UN T Codes under § 172.102) for the transportation of liquefied compressed gases in UN portable tanks. In paragraph (i)(1)(iii), we are including the pressure relief device requirements applicable to UN portable tanks.

We received a comment questioning the intent in paragraph (a)(1)(iii) concerning the insulation requirements. The commenter was concerned that the paragraph prevents the use of mylar, other low melting films and aluminum for jacket materials. We note that the paragraph does not prohibit the use of jackets constructed of materials other than steel, except in the case when the portable tank manufacturer is attempting to lower the required relieving capacity of the relief devices by taking into account the thermal protection afforded by the insulation. The UN portable tank requirements intentionally restrict the jacketing material to steel when using the insulation as a means for reducing the required relieving capacity of the pressure relief devices, because jacket materials with lower melting temperatures, such as aluminum, would not provide adequate fire damage protection for the inner vessel, or for the vacuum insulation in the case of a vacuum insulated tank to justify allowing a lower overall relieving capacity for the pressure relief system. We agree with the UN reasoning for limiting jacket material to steel, and, therefore, we are adopting the paragraph as proposed.

Section 173.320. For transportation by air for cryogenic liquids exceptions, we are making an editorial clarification in paragraph (c) to refer readers to the specific cites in the ICAO Technical Instructions rather than stating “see § 171.11 of this subchapter.”

Part 175

Section 175.10. For consistency with the ICAO Technical Instructions, we are revising 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 revising 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 revising paragraph (a)(16) to exclude alcoholic beverages. Also, we are adding 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 changes are consistent with the ICAO Technical Instructions.

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

Section 175.78. We are revising 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 are provided for Divisions 5.1 and 5.2. We are adding a new provision to clarify that packages with multiple risks do not need to be segregated from other packages bearing the same UN number. The ICAO Technical Instructions currently require segregation of Divisions 5.1 and 4.3 hazardous materials and we have revised the entry to reflect the change.

Section 175.85. Consistent with a new provision adopted in the ICAO Technical Instructions, we are revising paragraph (a) to authorize use of main deck Class C cargo compartments for the transport of hazardous materials. Prior ( printed page 33328) to this final rule, hazardous materials were allowed to be carried in a main deck cargo compartment of a passenger aircraft provided the compartment was inaccessible to passengers and it met 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 addition to smoke or fire detection systems.)

Part 176

Section 176.2. In conjunction with incorporating a requirement for vessel cargo to be in compliance with the INF Code (see § 176.720), we are adding 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 are adding a stowage location definition for “closed cargo transport unit.” This addition coincides with the 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 are revising paragraph (b) Table of provisions and paragraph (c)(2) stowage provisions. In the paragraph (b) Table of provisions, we are adding 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 are revising the list of notes for the stowage of Class 1 (explosive) material provisions.

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

Section 176.136. We are making 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 are revising 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 add one extremely flammable material, “Methyl phosphonous dichloride, pyrophoric liquid,” NA2845.

Section 176.720. We are adding 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, 2000, English edition). The INF Code was adopted by the International Maritime Safety Committee and became effective January 1, 2001 in 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). We are correcting 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. Prior to this rule, the paragraph read:

“(vi) “6” means explosive articles in compatibility group G, other than fireworks and those requiring special stowage, may be stowed with other explosive articles of compatibility groups C, D and E, provided no explosive substances (for example, those not contained in articles) are carried in the same vehicle.”

In this paragraph and the corresponding paragraph in § 174.81, the petitioners request that the words “other explosives” be inserted before the wording “explosive substances.” The petitioners are incorrect in their interpretation of the wording of this paragraph. Explosive articles in compatibility group G may be stowed with certain other explosive articles (C, D and E compatibility groups), provided no explosive substances that are not contined within articles are carried in the same vehicle. We point out that there is a distinction between the words “articles” and “substances.” To take advantage of this paragraph, explosive substances that are not contained in articles may not be carried on the vehicle. We are revising the paragraph to clarify that substances are prohibited when not contained in articles.

Part 178

Section 178.273. We are adding a new section by moving the current requirements for the approval of portable tanks from § 173.32a to § 178.273. This new section will include approval provisions for all portable tanks, including “UN portable tanks.” These current approval provisions will precede the requirements for UN portable tanks (§§ 178.274 through 178.277). Approval agencies that have an interest in approving UN portable tanks must send a request to DHM-32, Office of Hazardous Materials Approvals, in accordance with the requirements in part 107, subpart E of this subchapter.

Sections 178.274, 178.275, 178.276 and 178.277. Based on the eleventh revised edition of the UN Recommendations, we are incorporating four new sections into the HMR for the UN portable tank requirements. This action is based on our own initiative and a petition for rulemaking (P-1373) and is consistent with our international harmonization objectives. The requirements apply to the design and construction of portable tanks. The IMO Dangerous Goods, Solid Cargoes and Containers (DSC) Sub-Committee incorporated the new harmonized UN multimodal portable tank requirements into the reformatted IMDG Code, Amendment 30. The reformatted IMDG Code became 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 Amendment 29 or previous amendments to the IMDG Code as applicable, depending on the date of construction).

The IMO allows 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 incorporating the corresponding design, construction and use requirements for UN portable tanks in the HMR. In addition, in § 173.32 we are providing for the continued use of IM 101, 102 and DOT Specification 51 portable tanks, which is consistent with the provisions adopted in the IMDG Code.

The design and construction requirements for UN portable tanks do not differ significantly from the previous 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. As discussed in the NPRM, while the majority of the changes involve relaxations of the regulatory requirements, there will be implications for portable tank manufacturers, ( printed page 33329) shippers and operators who transport hazardous materials in portable tanks. For example, we are requiring UN portable tanks used for the transportation of liquefied compressed gases to be approved by a DOT-designated approval agency, and we are requiring all UN portable tanks to meet a 4 g impact test. In addition to portable tanks for liquids and liquefied compressed gases, we are incorporating requirements for portable tanks that are used to transport refrigerated liquified gases (cryogenic liquids). Previous to this final rule, requirements for portable tanks used for refrigerated liquefied gases were not specified in the HMR, and we authorized their use only under DOT exemptions. The differences between UN portable tanks and the previous portable tank requirements include, but are not limited to the following:

—The new definition for portable tank includes multimodal tanks with a capacity of more than 450 liters (118.9 gallons).

—The new design temperature range is defined as -40 °C to 50 °C (-40 °F to 122.0 °F). This final rule includes the requirement that design temperatures must be considered for portable tanks subjected to severe climatic conditions. Previous to this final rule, regulations specified a range of -20 °C to 50 °C (-4.0 °F to 122.0 °F).

—The new UN leakage test for portable tanks intended for the transport of liquids specifies a test pressure not less than 25% of Maximum Allowable Working Pressure (MAWP). The previous HMR requirements specified an internal pressure equivalent to MAWP, but not less than 0.2 bar (20.0 kPa) for liquids.

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

—The new 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.

—Under the new requirements, a rail impact test of 4 g is required for all portable tanks meeting the definition of “Container” in the International Convention for Safe Containers (CSC).

—The new requirements specify that the test pressure be 1.3 times the design pressure for portable tanks intended for the transport of liquefied gases. Previously, under the HMR, DOT 51 portable tanks used for the transportation of liquefied gases were 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). The differences between 1.5 at 46 °C and 1.3 at 65 °C, therefore, would not be significant. (Although one commenter stated that they disagreed with this statement, our view is explained further in the preamble discussion under § 178.274.)

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

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

—The new requirements allow the specified minimum values of material strength for austenitic steels to be increased by 15% according to recognized material standards when greater values are provided in the material inspection certificates.

—The new 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.

Section 178.274. One commenter stated that the required test pressure for UN portable tanks used for the transportation of propane would increase from 320 psig to 400 psig. We believe that the values cited by the commenter are not accurate. Based on the Fourth Edition of the Compressed Gas Association Handbook of Compressed Gases, the vapor pressure of propane is approximately 220-230 psia at a reference temperature of 115 °F (46.1 °C) and approximately 270-275 psia at 130 °F (54.4 °C). The required MAWP according to § 173.315 is 250 psi. The test pressure for a UN portable tank would be approximately the same as that for a DOT 51 portable tank and in some cases may be slightly less. In this case, it would not be in the interest of harmonization to vary from the internationally agreed design pressure formulas. Based on the above, we are adopting the requirement as proposed.

One commenter stated that aluminum should be authorized as a material for portable tank shell construction. The UN Recommendations allows aluminum only for portable tanks intended for liquid and solid materials when approved by the competent authority. Aluminum is not authorized for portable tank shells intended for non-refrigerated liquefied gases, however, aluminum is authorized for shells of portable tanks intended for the transportation of refrigerated liquefied gases. Based on the merits of these comments and to be consistent with the UN Recommendations, we are amending paragraph (b) accordingly.

Also regarding paragraph (b), some commenters requested background information explaining the justification and application of the proposed -40 °C lower range for the design temperature applicable to UN portable tanks. This lower temperature was adopted because the UN working group recognized that -20 °C was not sufficient to represent temperatures that UN portable tanks may experience in certain parts of the world. One commenter stated that it was not clear whether the requirement was applicable to all portable tank components or only to the shell. In response to this comment, we point out that the design temperature range applies to the shell which is the primary pressure and lading retention component of the portable tank. The general requirements for design and construction state that “Portable tank materials must be suitable for the external environment where they will be transported taking into account the determined design temperature range.” This provision requires service equipment to be suitable for the climatic conditions to which it will be exposed. For these reasons, we are not amending the proposed language.

One commenter stated that the change from the very prescriptive relief device location for IM portable tanks in § 178.270-11(b)(1)(i) to the less specific requirement is “too open to interpretation” and requested clarification. We do not agree with the commenter. The main safety concern is that when the tank is filled to its maximum filling condition, the relief device is located in the vapor space and will ensure that escaping vapor can be discharged free from any obstruction. The text accomplishes this objective and is more flexible and performance-oriented. Specifically limiting the location by specifying exact tolerances forces us to issue exemptions and approvals when the location varies from these specific parameters. In addition, the text as proposed in this section is consistent with how the HMR specifies pressure relief device location for DOT specification 400 series cargo tanks ( printed page 33330) (see178.345-10(c)). We are adopting the text as proposed.

One commenter stated that the proposed requirement to group outlet openings in paragraph § 178.274(e)(7) of the NPRM should not apply to portable tanks used for refrigerated liquified gases due to their unique design. The commenter explained that this requirement does not currently apply to exemption cryogenic portable tanks or MC 338 Specification cargo tanks (see § 178.338-7), nor is it a requirement under the UN Recommendations. We agree with this commenter and are amending the paragraph to reflect that the external fitting grouping requirement applies only to portable tanks intended for the transportation of non-refrigerated liquefied gases. This amendment is consistent with the current requirement that applies to DOT Specification 51 portable tanks in § 178.245-1(c). We agree that the additional exceptions applicable to locating openings in other locations in § 178.245-1(d)(1), (2) and (3) should also apply and, therefore, we are revising the text accordingly. Because these requirements are applicable only to portable tanks intended for the transport of non-refrigerated liquified gases, we are moving the text to the more appropriate location of § 178.276.

We received two comments concerning the proposed requirements for the internal valve emergency shut-off device in paragraph (e)(7). One commenter stated that there is no requirement in the UN Recommendations nor the IMDG Code for a thermally activated closure. Our intent with this paragraph is consistency with a requirement that was published under a final rule (Docket HM-166Y; 63 FR 37453) on July 10, 1998, requiring an IM portable tank to be retrofitted if unloaded while it remained on a transport vehicle with the power unit attached. The commenter stated that we proposed to expand the concept by making a thermally activated device part of the service equipment for all UN portable tanks and that the requirement would be contrary to harmonization because UN portable tanks are used worldwide. They suggested that the requirement should first be introduced at the UN Committee of Experts for consideration. Although the requirement is only a condition for unloading IM portable tanks from vehicles while the motor unit is attached, we were informed through meetings with portable tank users and manufacturers that it is not feasible to determine which IM portable tanks would be offloaded in this manner and that all IM portable tanks would need to be retrofitted with thermally activated closure devices (fusible links) in order to comply with the requirement in § 177.834(o). In a request for an interim final rule concerning the retrofitting requirement published in HM-166Y final rule, the Hazardous Materials Advisory Council (HMAC) stated “For commercial and economic reasons, it is not practical to remove all tanks from service at once to retrofit the bottom outlet valves with thermally activated closure devices. Tanks are either in a transport cycle, in storage, or in repair/maintenance shops. If all of the portable tanks were taken out of service at the same time to complete this retrofit, many industrial operations would be severely disrupted.” DOT 51 portable tanks are required to be fitted with these closures (see § 178.245-1(d)(iii)) and in the HM-215D NPRM we proposed that UN portable tanks used for non-refrigerated liquified gases be fitted with these devices consistent with paragraph 6.7.3.5.4 of the UN Recommendations. The UN Recommendations require “quick closing” shut-off devices that close automatically in the event of fire engulfment and unintended movement of the portable tank for portable tanks used to transport flammable refrigerated and flammable and toxic non-refrigerated liquified gases. We are removing the requirements for these shut-off devices to operate based on unintended movement because we believe it is not practical. We believe that even though this is not a requirement under the UN Recommendations for liquid materials, it is a domestic requirement and from the safety perspective, as discussed under Docket HM-166Y, it should be applied to U.S. manufactured UN portable tanks intended for the transportation of liquid hazardous materials which are flammable, pyrophoric, oxidizing or toxic. We believe it would be in the best interest of safety to fit these portable tanks with thermally activated closures. We estimate that the cost of installing a fusible link will be approximately $40.00 to $70.00 per portable tank based on information provided by tank and tank valve and component manufacturers. Installation at the time of manufacture will avoid downstream retrofitting costs, costs associated with shipping delays and logistical problems at a later date. In previous discussions with the Hazardous Materials Advisory Council and the Tank Container Association, we were informed that retrofitting of portable tanks would cost approximately $200.00 to $250.00 per portable tank. On the basis of these costs, it makes economic sense to install the devices at the time of manufacture. We agree that this requirement should be proposed to the UN Committee of Experts and will follow-up accordingly. On the basis of enhanced safety, minimal cost at the time of manufacture, shipping delays and logistics, we are requiring U.S. manufactured UN portable tanks intended for transporting certain liquids to be fitted with thermally activated closures (fusible links). The internal valve shut-off requirements are revised for consistency in §§ 178.275(d)(3), 178.276(c)(4) and 178.277(d).

Concerning paragraph (i), one commenter stated that markings such as maximum allowable working pressure, test pressure, maximum gross mass and the applicable T Code should be marked on the tanks following the “UN” mark in order to convey that the cargo is authorized for that particular portable tank. We agree that a T marking on the tank may be advantageous, however, the UN Recommendations do not require a T mark and imposing such a requirement is beyond the scope of this final rule. Incorporation of a T code marking in this rule could lead to different requirements in domestic and international regulations if such a proposal is not adopted by the UN Transport Subcommittee. With regard to the other markings, the information is marked on a specification plate (see § 178.274(i) of the regulatory text). Finally, we moved the requirements for the initial inspection and test of portable tanks from § 180.605(d), as presented in the NPRM, to the more appropriate location § 178.274(j).

Sections 178.274 and 178.275. One commenter stated that although the term “fusible elements” is used in the UN Recommendations, the purpose of the devices and whether they are mandatory service equipment is unclear. The commenter stated that in the final rule it would be helpful to clarify the definition and use of these devices. We agree with the commenter and are adding a definition for “fusible elements” in § 178.274(a)(3) and are clarifying the use of “fusible elements” in § 178.275(f)(4).

A commenter requested that we allow UN portable tanks used for the transportation of refrigerated liquefied gases to be tested using an inert gas as an alternative to hydrostatic testing with water. The commenter explained that this is a common industry practice and is necessary because the saddle designs for these portable tanks are not designed to hold the associated weight of the water necessary to conduct the ( printed page 33331) hydrostatic test. The commenter further explained that the alternative method is necessary because it is difficult to entirely remove all of the water in the inner tank after the hydrostatic test is completed. In addition, the UN Recommendations authorize the pressure test using an inert gas. We accept this comment and are amending § 178.274(j)(2) to include a provision to allow, as an alternative to hydrostatic testing with water, testing with an inert gas for portable tanks used for the transportation of refrigerated liquefied gases.

Section 178.275. Regarding paragraph (c), a commenter stated that damage to the liner in a portable tank would be inevitable when welding a blind (blank) flange on the inside and outside of the portable tank shell. The commenter suggested a tamper proof flange as an alternative to the welded flange as proposed in the NPRM. The UN portable tank working group considered a number of alternate configurations or possibilities for closing bottom openings in portable tanks when they are retrofitted to remove bottom opening configurations. The working group was opposed to use of a bolted flange because of the possibility that it may leak during transportation. While inclusion of an alternative to welding is beyond the scope of this rule, a means of authorizing non-welded bottom flange configurations may be considered under the alternative arrangement approval provisions.

Another commenter stated that the presence of a liner in a portable tank should not be justification for authorizing the portable tank to be used without an internal shut-off valve. The commenter stated that internal shut-off valves can be fitted on lined portable tanks and that the proposed exception would result in a decrease in safety. We agree and based on the merits of the comment, we believe that a lined tank should have a internal shut-off and are removing the proposed exception in paragraph (c)(4) which states, “For a lined shell, the internal stop valve required by paragraph (c)(3)(i) of this section may be replaced by an additional external stop valve.”

One commenter stated that the external design pressure should not be based on the internal pressure because, as proposed, the requirement would impose unrealistic external design pressure requirements. We agree with this commenter and are revising the wording in paragraph (e) to remove the reference to the internal pressure. On this basis, a shell that is to be equipped with a vacuum-relief device must be designed to withstand, without permanent deformation, an external pressure of not less than 0.21 bar.

Section 178.276. See discussion under § 178.274 for discussion concerning the relocation of certain text.

We received a comment stating that § 178.276 should be revised to provide an exception from the internal stop valve requirement for portable tanks used for the transportation of chlorine. The commenter requested alternative wording to clarify whether a threaded cap or pipe plug can be used as the third means of closure on portable tank openings. We agree and are revising the text in § 178.276(c)(1) to state “* * * and the third being a blank flange, threaded cap, plug or equivalent liquid tight closure device.” We are also revising § 178.276(c)(3) to indicate that this paragraph only applies to openings below the liquid level of the portable tank. This wording will eliminate the need for portable tanks used to transport chlorine from having to be fitted with internal stop valves because these portable tanks have loading and unloading fittings only at the top of the tank. We are also including a new paragraph (7) to address inlets and discharge outlets, internal excess flow valves on portable tanks used to transport chlorine.

Section 178.277. One commenter stated that the NPRM preamble included a new filling limit for helium, yet it was not contained in the regulatory text in § 178.277. We recognized the oversight and added a new tank provision, TP5 to address the filling limit. (See § 172.102, Special Provisions.)

Another commenter stated that it is not necessary to specify impact test requirements in paragraph § 178.277(b)(4) and that the proposed provision for conducting impact tests at 0 °F on materials to be used for refrigerated liquefied gases are not suitable because such portable tanks operate at much lower temperatures. The commenter went on to say that the ASME Code adequately addresses this issue. We agree with the commenter and have removed the proposed provision.

Another commenter stated that we overlooked the fact that the UN Recommendations do not require portable tanks used for the transportation of refrigerated liquefied gases to have an opening for inspection. The commenter stated that the internal inspection requirements for these portable tanks should be removed because: (1) The portable tanks are not currently fitted with inspection openings, (2) internal corrosion is not a factor for portable tanks used to transport refrigerated liquefied gases, (3) the UN Recommendations do not require internal inspection for these portable tanks, and (4) fitting of inspection openings on these portable tanks does not enhance safety. We agree with the commenter and are including the exceptions for refrigerated liquefied gas portable tanks in paragraphs (d)(7) and § 180.605(e) and (f).

We are including the above discussed amendments and, as proposed in the NPRM, we are adding five new sections (§§ 178.273 through 178.277) to the HMR as follows: § 178.273 is 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 is added for the UN portable tank general design and construction requirements; § 178.275 is 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 is added for the additional requirements for UN portable tanks intended for the transportation of liquefied compressed gases; and § 178.277 is 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. Consistent with § 178.3(a)(4), paragraph (a)(1) is revised by including 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). Two commenters stated that while they support a minimum marking size of 12 mm for IBCs, it is not clear how this would apply to IBCs manufactured prior to the effective date of this final rule. In response to these commenters, we revised paragraph (a)(1) to clarify that the minimum marking size only applies to IBCs manufactured after the effective date of this final rule (October 1, 2001).

Section 178.705. We are revising the minimum wall thickness requirements to take into account the capacity in the case of metal IBCs.

Section 178.801. In paragraph (i), we are adding 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 initiative, we are revising paragraph (c)(1) and adding a new paragraph (c)(3) to include an alternate method for conducting the top lift test for flexible ( printed page 33332) IBCs. Prior to this final rule, the alternate method was authorized in several approvals issued by the Associate Administrator.

Part 179

Section 179.102-4. Consistent with the proper shipping name revisions that replace the word “inhibited” with “stabilized” (see § 172.101), we are revising one such proper shipping name in this section.

Part 180

Sections 180.601, 180.603, 180.605. We are moving the qualification and maintenance requirements for portable tanks from § 173.32(c) to part 180. As discussed in the NPRM, we believe that these requirements are more appropriately placed in part 180 along with the qualification and maintenance requirements for cargo tanks, IBCs and tank cars. Therefore, as proposed, we are adding new subpart G to part 180 for the qualification and maintenance of portable tanks. (Also see § 173.32.) One commenter suggested that we incorporate certain editorial changes to § 173.32 and part 180, subpart G, to clarify that not all portable tanks have a maximum allowable working pressure (MAWP) and that some requirements do not apply to all portable tanks, such as DOT Specification 56 and 57 portable tanks. We agree and have made the clarification revisions accordingly.

Section 180.603. A commenter requested that grandfather provisions be included in § 180.603 to recognize that portable tanks constructed and used in accordance with existing DOT exemptions are authorized for continued use provided they meet the applicable periodic inspection and test requirements. We do not agree with this request because such exemptions remain valid and their continued use are not affected by this final rule.

Section 180.605. Several commenters stated that the periodic inspection requirements for portable tanks proposed in the NPRM are not entirely consistent with those specified in the UN Recommendations. They quoted the UN Recommendations as stating: “A portable tank filled prior to the date of expiry of the last periodic inspection and test may be transported for a period not to exceed three months beyond the date of expiry of the last periodic test or inspection.” In addition, a portable tank may be transported after the date of expiry of the last periodic test and inspection after emptying but before cleaning, for purposes of performing the next required test or inspection prior to refilling and unless otherwise approved by the competent authority, for a period not to exceed six months beyond the date of expiry of the last periodic test or inspection, in order to allow the return of dangerous goods for proper disposal or recycling. Reference to this exemption shall be mentioned in the transport document. The commenters requested that we adopt this text from the UN Recommendations in the final rule. We do not agree that the UN Recommendations' text should be included in the HMR. We believe that the UN text imposes arbitrary limits on the length of time that a portable tank may be transported after expiration of the inspection and test date. The HMR text allows a portable tank to continue to be transported after the expiration of the test date while prohibiting filling of a tank once the periodic inspection and test dates have expired. We wish to clarify that the text as proposed was based on existing text for cargo tanks (see 173.33(a)(3)) and for portable tanks (see 173.32(e)(5)). The text in place prior to this final rule, as well as the text adopted in this final rule, allows portable tanks which contain a residue, or are being transported to a cleaning, testing or repair facility, to be transported after the inspection and test date expires. In the NPRM, we simply consolidated this requirement in a more appropriate section and applied it universally to all portable tanks. We are adopting the text as proposed, even though it is less restrictive than the UN Recommendations text, because it is practical and does not impose unnecessary burdens on the regulated public or government. On this basis, we are not adopting the suggestions of the commenters. We also wish to note that the text in § 180.605(b)(3), as proposed and adopted, requires a portable tank that has been out of service for more than one year to be periodically retested.

Several commenters stated that they support our efforts to adopt the UN portable tank requirements. The commenters support the requirement that DOT 51 Specification portable tanks not be allowed to be manufactured after January 1, 2003, however, they do not support the conditions for continued use of existing DOT 51 portable tanks as proposed in the NPRM. We did not introduce new requirements for periodically retesting DOT Specification 51 portable tanks in the NPRM nor was it our intention to do so. The retest provisions for DOT Specification 51 portable tanks are specified in § 180.605(c)(2) and requires that the portable tanks be retested at least once every 5 years.

For paragraphs (e) and (f), see § 178.277(d)(7) discussion regarding an exception from the requirement for portable tanks used for the transportation of refrigerated liquefied gases to have an opening for inspection. We moved the initial inspection and test requirements from § 180.605(d), as proposed in the NPRM, to § 178.274(j) which we believe is a more appropriate location. For a comment on an alternative to hydrostatic testing with water, see § 178.274(j).

We also received a comment stating that we should have included an exception from the requirement for UN portable tanks intended for the transportation of “Helium refrigerated liquid ( cryogenic liquid),” UN1963 and “Hydrogen, refrigerated liquid (cryogenic liquid),” UN1966 to be subjected to the 4 G rail impact test as prescribed in § 180.605(d)(6). The commenter reasoned that high thermal performance liquid hydrogen and helium containers are not transported on railroads due to the large impact loads experienced during coupling and that such UN portable tanks are marked with the words “NOT FOR RAIL TRANSPORTATION.” We agree with the commenter. When the requirements for UN portable tanks were developed, the UN working group agreed that portable tanks used for the transportation of refrigerated liquefied helium and hydrogen should be excepted from rail impact testing. A special provision was added allowing the transportation of these refrigerated liquefied gases under conditions specified by the competent authority. In this final rule, we are excepting portable tanks intended for the transport of refrigerated liquefied helium and hydrogen from the requirements of a rail impact test. Instead of requiring an approval provision, we are adding a sentence to § 180.605(d)(6) to except portable tanks from the 4 G impact test when the portable tanks are used in dedicated service for the transportation of “Helium, refrigerated liquid,” UN1963 and “Hydrogen, refrigerated liquid,” UN1966 and are marked “NOT FOR RAIL TRANSPORT” in letters of a minimum height of 20 cm (8 inches) on at least two sides of the portable tank.

Another commenter stated that the proposed marking size amendment in § 180.605(l) requires inspection and test markings that are not included on the specification plate of a portable tank to be 32 mm (1.25 inches) high, yet as the commenter points out, currently § 173.32(e)(3) allows markings for DOT Specifications 51, 56, 57 and 60 portable tanks to be a minimum height of 12 mm. We agree with the commenter and after considering the proposed amendment, we do not believe that a marking height ( printed page 33333) of 32 mm is necessary for these particular portable tanks. Therefore, we are adopting a minimum test and inspection marking height of 3 mm when the markings are on the specification plate, and a marking height of 12 mm when the markings are directly on the portable tank.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final 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. This final rule is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Benefits resulting from this final rule include enhanced transportation safety resulting from the consistency of domestic and international hazard communications and continued access to foreign markets by domestic shippers of hazardous materials. Many companies involved in domestic, as well as global operations, will realize economic benefits as a result of the amendments in this rulemaking. The total net increase in costs to businesses in implementing this rulemaking is minimal and we have determined that the intended benefits of harmonizing the HMR with international standards outweigh the minimal increase in costs to industry. For interested parties, a regulatory analysis is available for review in the public docket.

B. Executive Order 13132

This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This final rule preempts State, local and Indian tribe requirements but does not adopt 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;

(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 final 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 final rule is necessary to incorporate changes already adopted in international standards. If the changes in this final rule are not adopted in the HMR, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage. These companies would be forced to comply with a dual system of regulation. The changes in this final rule are intended to avoid this result. Federal hazardous materials transportation law provides at section 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. The effective date of Federal preemption will be December 18, 2001.

C. Executive Order 13084

This final 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 final 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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities, unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This final rule will serve to facilitate the transportation of hazardous materials in international commerce by providing consistency with international standards. This final rule applies to offerors and carriers of hazardous materials, some of whom are small entities, such as, chemical manufacturers, chemical users and suppliers, packaging manufacturers, distributors, battery manufacturers, radiopharmaceutical companies and training companies. Based on our assessment in the regulatory analysis, which is available in the public docket, I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities.

The majority of amendments in this final rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and 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 incorporating a reasonable transition period where labels meeting requirements in effect immediately prior to this final rule and the requirements adopted in this final rule may be used.

Other cost savings include providing greater flexibility for the use of IBCs and portable tanks; retaining current IM 101, 102 and DOT Specification 51 portable tank requirements and providing authorizations for their use; deleting numerous entries from the marine pollutant list for consistency with the IMDG Code; authorizing greater flexibility for transporting samples of hazardous materials; authorizing the use of a single explosives placard when explosives of several compatibility groups are transported in a single freight container or vehicle; and revising requirements for large lithium batteries which will simplify the regulatory requirements applicable to batteries used in high energy efficient hybrid vehicles. Finally, we are authorizing immediate voluntary compliance, delayed effective dates and a one-year transition period to allow for training of employees and to ease any burden on entities affected by the amendments. ( printed page 33334)

E. Paperwork Reduction Act

We have current information collection approvals under 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, and OMB No. 2137-0557, Approvals for Hazardous Materials, which expires March 31, 2002, with 18,302 burden hours and $413,737.40 annual costs. We believe that this final rule may result in minor incremental increases in the annual burden hours and costs. The current approvals has been revised and resubmitted to OMB for extension and reapproval.

OMB No. 2137-0018 contains the information collection and recordkeeping requirements in current §§ 173.32, 173.32a, 173.32b, 178.245 and 178.801 for tests, inspections and related records related to the manufacture, qualification, repair or modification of portable tanks or intermediate bulk containers. This information is used to verify that portable tanks and intermediate bulk containers meet the required manufacturing standards prior to being authorized for initial use, and that once manufactured, the packagings are maintenance in conformance with the applicable HMR requirements. OMB No. 2137-0018 is revised to include UN portable tanks and to revise section references to the portable tank requalification requirements which are being relocated to subpart G in Part 180.

OMB No. 2137-0557 contains the information collection and recordkeeping requirements for packagings and hazardous materials approvals. This information is used to verify that portable tank designs meet the applicable standards. OMB No. 2137-0557 is revised to include UN portable tanks and to revise the section references to the portable tank design approval requirements which are being relocated to Part 178.

We estimate that the adjusted total information collection and recordkeeping burdens are as follows:

OMB No. 2137-0018:

Affected Public: Manufacturers, requalifiers, repairers and modifiers, and owners of certain DOT specification and exemption portable tanks and intermediate bulk containers.

Number of Respondents: 8,770.

Total Annual Responses: 86,100.

Total Annual Burden Hours: 66,390.

Total Annual Burden Cost: $ 7,137,500.

One-time Annual Start Up Burden Hours: 350.

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.

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, DC 20590-0001, Telephone (202) 366-8553.

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 final 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.

H. Environmental Assessment

The National Environmental Policy Act of 1969 (NEPA) requires Federal agencies to consider the consequences of major federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. We developed an assessment to determine the effects of these revisions on the environment and whether a more comprehensive environmental impact statement may be required. Our findings conclude that there are no significant environmental impacts associated with this final rule. Consistency in regulations for the transportation of hazardous materials aids in the shipper's understanding of what is required and permits shippers to more easily comply with safety regulations and avoid the potential for environmental damage or contamination. For interested parties, an environmental assessment is available in the public docket.

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

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

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

2. In § 171.7, in paragraph (a)(1), the fourth sentence is revised and in the paragraph (a)(3) table:

a. Under the entry “American Society for Testing and Materials”, a new entry is added in alpha-numeric order; ( printed page 33335)

b. Under the entry “International Atomic Energy Agency (IAEA)”, a new entry is added in alpha-numeric order;

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

d. Under the entry “International Maritime Organization (IMO)”, for the entry “International Maritime Dangerous Goods (IMDG) Code, 2000 edition”, in the second column, add “; 176.720” after “176.30”; and

e. Under the entry “International Organization for Standardization”, three new entries are added in alpha-numeric order.

The revisions and additions read as follows:

3. In § 171.8, the following definitions are added in appropriate alphabetical order to read as follows:

4. In § 171.10, in paragraph (c)(2), the Table of Conversion Factors for SI Units, a unit of measure is added as the last entry, and in the abbreviation notes following the Table, in the (SI) ( printed page 33336) abbreviations, a new abbreviation “; Newton, N” is added after “mSv” to read as follows:

5. In § 171.11, the introductory text is revised, the comma at the end of paragraphs (d)(6)(i) and (d)(6)(ii) are removed and a period is added in its place, ”, and” at the end of paragraph (d)(6)(iv) is removed and a period is added in their place, and new paragraphs (d)(6)(vi) and (d)(17) are added to read as follows:

6. In § 171.12, paragraph (b)(5) is revised, new paragraph (b)(20) is added, paragraphs (d) heading and introductory text and (d)(4) are revised, “and” at the end of paragraph (d)(5) is removed, the period at the end of paragraph (d)(6) is removed and “; and” is added in its place, and paragraph (d)(7) is added to read as follows:

(b) * * *

(18) An organic peroxide that is not identified by technical name in the Organic Peroxide Table in § 173.225(b) of this subchapter must be approved by the Associate Administrator in accordance with the requirements of § 173.128(d) of this subchapter.

8. In § 171.14, paragraphs (d) introductory text, (d)(1) and (d)(2) introductory text are revised and new paragraphs (d)(4) and (d)(5) are added to read as follows:

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

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

10-11. In § 172.101, paragraphs (b)(1) and (c)(11) are revised, new paragraphs (c)(16) and (k)(6) through (k)(20) are added, and the Hazardous Materials Table is revised to read as follows:

12. In Appendix B to § 172.101, paragraphs 1. and 2. are revised and the List of Marine Pollutants is amended by removing 94 entries, adding 16 entries and revising 1 entry in appropriate alphabetical order to read as follows:

Appendix B to § 172.101—List of Marine Pollutants

1. See § 171.4 of this subchapter for applicability to marine pollutants. This appendix lists potential marine pollutants as defined in § 171.8 of this subchapter.

2. Marine pollutants listed in this appendix are not necessarily listed by name in the § 172.101 Table. If a marine pollutant not listed by name or by synonym in the § 172.101 Table meets the definition of any hazard Class 1 through 8, then you must determine the class and division of the material in accordance with § 173.2a of this subchapter. You must also select the most appropriate hazardous material description and proper shipping name. If a marine pollutant not listed by name or by synonym in the § 172.101 Table does not meet the definition of any Class 1 through 8, then you must offer it for transportation under the most appropriate of the following two Class 9 entries: “Environmentally hazardous substances, liquid, n.o.s.,” UN3082, or “Environmentally hazardous substances, solid, n.o.s.” UN3077.

13. In § 172.102:

a. In paragraph (c)(1), Special Provisions 43, 110 and 136 are revised and Special Provisions 139, 142 and 143 are added;

b. In paragraph (c)(2), Special Provision A53 is added;

c. Paragraph (c)(3) introductory text and Special Provisions B53 and B69 are revised;

d. In paragraph (c)(3), Special Provisions B100, B101, B103, B104, B105, B106, B108, B109 and B110 are removed;

e. Paragraphs (c)(4) and (c)(7) are revised; and

f. Paragraph (c)(8), Special Provisions W7, W8 and W9 are added in numerical order.

The additions and revisions read as follows:

(4) Table 1, Table 2, and Table 3—IB Codes, Organic Peroxide IBC Code, and IP Special IBC Packing Provisions. These provisions apply only to transportation in IBCs. IBCs may be used for the transportation of hazardous materials when no IBC code is assigned in the § 172.101 Table for the specific material only when approved by the Associate Administrator. Tables 1, 2, and 3 follow: ( printed page 33415)

(7) “T” codes. (i) These provisions apply to the transportation of hazardous materials in UN portable tanks. Portable tank instructions specify the requirements applicable to a portable tank when used for the transportation of a specific hazardous material. These requirements must be met in addition to the design and construction specifications in part 178 of this subchapter. Portable tank instructions T1 through T22 specify the applicable minimum test pressure, the minimum shell thickness (in reference steel), bottom opening requirements and pressure relief requirements. In T23, the organic peroxides and self-reactive substances which are authorized to be transported in portable tanks are listed along with the applicable control and emergency temperatures. Liquefied compressed gases are assigned to portable tank instruction T50. T50 provides the maximum allowable working pressures, bottom opening requirements, pressure relief requirements and degree of filling requirements for liquefied compressed gases permitted for transport in portable tanks. Refrigerated liquefied gases which are authorized to be transported in portable tanks are specified in tank instruction T75.

(ii) The following table specifies the portable tank requirements applicable to T Codes T1 through T22. Column 1 specifies the T Code. Column 2 specifies the minimum test pressure, in bar (1 bar = 14.5 psig), at which the periodic hydrostatic testing required by § 180.605 of this subchapter must be conducted. Column 3 specifies the section reference for minimum shell thickness or, alternatively, the minimum shell thickness value. Column 4 specifies the applicability of § 178.275(g)(3) of this subchapter for the pressure relief devices. When the word “Normal” is indicated, § 178.275(g)(3) of this subchapter does not apply. Column 5 references the applicable requirements for bottom openings in part 178 of this subchapter or references “Prohibited” which means bottom openings are prohibited. The table follows:

(iii) The following table specifies the portable tank requirements applicable to T23 for self-reactive substances of Division 4.1 and organic peroxides of Division 5.2 which are authorized to be transported in portable tanks:

(iv) The following portable tank instruction applies to portable tanks used for the transportation of liquefied compressed gases. The T50 table provides the UN identification number and proper shipping name for each liquefied compressed gas authorized to be transported in a T50 portable tank. The table provides maximum allowable working pressures, bottom opening requirements, pressure relief device requirements and degree of filling requirements for each liquefied compressed gases permitted for transportation in a T50 portable tank. In the minimum test pressure column, “small” means a portable tank with a diameter of 1.5 meters or less when measured at the widest part of the shell, “sunshield” means a portable tank with a shield covering at least the upper third of the shell, “bare” means no sunshield or insulation is provided, and “insulated” means a complete cladding of sufficient thickness of insulating material necessary to provide a minimum conductance of not more than 0.67 w/m² /k. In the pressure relief requirements column, the word “Normal” denotes that a frangible disc as specified in § 178.276(e)(3) of this subchapter is not required. The T50 table follows:

(v) When portable tank instruction T75 is referenced in Column (7) of the § 172.101 Table, the applicable refrigerated liquefied gases are authorized to be transported in portable tanks in accordance with the requirements of § 178.277 of this subchapter.

(vi) UN and IM portable tank codes/special provisions. When a specific portable tank instruction is specified by a T Code in Column (7) of the § 172.101 Table for a specific hazardous material, a Specification portable tank conforming to an alternative tank instruction may be used if:

(A) the alternative portable tank has a higher or equivalent test pressure (for example, 4 bar when 2.65 bar is specified);

(B) the alternative portable tank has greater or equivalent wall thickness (for example, 10 mm when 6 mm is specified);

(C) the alternative portable tank has a pressure relief device as specified in the T Code. If a frangible disc is required in series with the reclosing pressure relief device for the specified portable tank, the alternative portable tank must be fitted with a frangible disc in series with the reclosing pressure relief device; and

(D) With regard to bottom openings— ( printed page 33424)

(1) When two effective means are specified, the alternative portable tank is fitted with bottom openings having two or three effective means of closure or no bottom openings; or

(2) When three effective means are specified, the portable tank has no bottom openings or three effective means of closure; or

(3) When no bottom openings are authorized, the alternative portable tank must ot have bottom openings.

(vii) When a hazardous material is not assigned a portable tank T Code or TP 9 is referenced in Column (7) of the § 172.101 Table, the hazardous material may only be transported in a portable tank if approved by the Associate Administrator.

(viii) Portable tank special provisions are assigned to certain hazardous materials to specify requirements that are in addition to those provided by the portable tank instructions or the requirements in part 178 of this subchapter. Portable tank special provisions are designated with the abbreviation TP (tank provision) and are assigned to specific hazardous materials in Column (7) of the § 172.101 Table. The following is a list of the portable tank special provisions:

Code/Special Provisions

TP1 The maximum degree of filling must not exceed the degree of filling determined by the following:

Where:

t_r is the maximum mean bulk temperature during transport, and t_f is the temperature in degrees celsius of the liquid during filling.

TP2 a. The maximum degree of filling must not exceed the degree of filling determined by the following:

Where:

t_r is the maximum mean bulk temperature during transport,

t_f is the temperature in degrees celsius of the liquid during filling, and

α is the mean coefficient of cubical expansion of the liquid between the mean temperature of the liquid during filling (t_f) and the maximum mean bulk temperature during transportation (t_r) both in degrees celsius.

b. For liquids transported under ambient conditions α may be calculated using the formula:

Where:

d₁₅ and d₅₀ are the densities (in units of mass per unit volume) of the liquid at 15°C (59°F) and 50°C (122°F), respectively.

TP3 For liquids transported under elevated temperature, the maximum degree of filling is determined by the following:

Where:

d_t is the density of the material at the maximum mean bulk temperature during transport; and

d_f is the density of the material at the temperature in degrees celsius of the liquid during filling; and

d_f is the density of the liquid at the mean temperature of the liquid during filling, and d_t is the maximum mean bulk temperature during transport.

TP4 The maximum degree of filling for portable tanks must not exceed 90%.

TP5 For a portable tank used for the transport of flammable refrigerated liquefied gases or refrigerated liquefied oxygen, the maximum rate at which the portable tank may be filled must not exceed the liquid flow capacity of the primary pressure relief system rated at a pressure not exceeding 120 percent of the portable tank's design pressure. For portable tanks used for the transport of refrigerated liquefied helium and refrigerated liquefied atmospheric gas (except oxygen), the maximum rate at which the tank is filled must not exceed the liquid flow capacity of the pressure relief device rated at 130 percent of the portable tank's design pressure. Except for a portable tank containing refrigerated liquefied helium, a portable tank shall have an outage of at least two percent below the inlet of the pressure relief device or pressure control valve, under conditions of incipient opening, with the portable tank in a level attitude. No outage is required for helium.

TP6 To prevent the tank from bursting in an event, including fire engulfment (the conditions prescribed in CGA pamphlet S-1.2 (see § 171.7 of this subchapter) may be used to consider the fire engulfment condition), it must be equipped with pressure relief devices that are adequate in relation to the capacity of the tank and the nature of the hazardous material transported.

TP7 The vapor space must be purged of air by nitrogen or other means.

TP8 A portable tank having a minimum test pressure of 1.5 bar (150 kPa) may be used when the flash point of the hazardous material transported is greater than 0°C (32°F).

TP9 A hazardous material assigned to special provision TP9 in Column (7) of the § 172.101 Table may only be transported in a portable tank if approved by the Associate Administrator.

TP10 The portable tank must be fitted with a lead lining at least 5 mm (0.2 inches) thick. The lead lining must be tested annually to ensure that it is intact and functional. Another suitable lining material may be used if approved by the Associate Administrator.

TP12 This material is considered highly corrosive to steel.

TP13 Self-contained breathing apparatus must be provided when this hazardous material is transported by sea.

TP16 The portable tank must be protected against over and under pressurization which may be experienced during transportation. The means of protection must be approved by the approval agency designated to approve the portable tank in accordance with the procedures in part 107, subpart E, of this subchapter. The pressure relief device must be preceded by a frangible disk in accordance with the requirements in § 178.275(g)(3) of this subchapter to prevent crystallization of the product in the pressure relief device.

TP17 Only inorganic non-combustible materials may be used for thermal insulation of the tank.

TP18 The temperature of this material must be maintained between 18°C (64.4°F) and 40°C (104°F) while in transportation. Portable tanks containing solidified methacrylic acid must not be reheated during transportation.

TP19 The calculated wall thickness must be increased by 3 mm at the time of construction. Wall thickness must be verified ultrasonically at intervals midway between periodic hydraulic tests (every 2.5 years). The portable tank must not be used if the wall thickness is less than that prescribed by the applicable T code in Column (7) of the Table for this material.

TP20 This hazardous material must only be transported in insulated tanks under a nitrogen blanket.

TP21 The wall thickness must not be less than 8 mm. Portable tanks must be hydraulically tested and internally inspected at intervals not exceeding 2.5 years.

TP22 Lubricants for portable tank fittings (for example, gaskets, shut-off valves, flanges) must be oxygen compatible.

TP24 The portable tank may be fitted with a device to prevent the build up of excess pressure due to the slow decomposition of the hazardous material being transported. The device must be in the vapor space when the tank is filled under maximum filling conditions. This device must also prevent an unacceptable amount of leakage of liquid in the case of overturning.

TP25 Sulphur trioxide 99.95% pure and above may be transported in tanks without an inhibitor provided that it is maintained at a temperature equal to or above 32.5°C (90.5°F).

TP26 The heating device must be exterior to the shell. For UN 3176, this requirement only applies when the hazardous material reacts dangerously with water.

TP27 A portable tank having a minimum test pressure of 4 bar (400 kPa) may be used provided the calculated test pressure is 4 bar or less based on the MAWP of the hazardous material, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.

TP28 A portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the MAWP of the ( printed page 33425) hazardous material, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.

TP29 A portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the MAWP of the hazardous materials, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.

TP30 This hazardous material may only be transported in insulated tanks.

TP31 This hazardous material may only be transported in tanks in the solid state.

TP37 IM portable tanks are only authorized for the shipment of hydrogen peroxide solutions in water containing 72% or less hydrogen peroxide by weight. Pressure relief devices shall be designed to prevent the entry of foreign matter, the leakage of liquid and the development of any dangerous excess pressure. In addition, the portable tank must be designed so that internal surfaces may be effectively cleaned and passivated. Each tank must be equipped with pressure relief devices conforming to the following requirements:

TP38 Each portable tank must be insulated with an insulating material so that the overall thermal conductance at 15.5 °C (60 °F) is no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour per square foot per degree Fahrenheit) temperature differential. Insulating materials may not promote corrosion to steel when wet.

TP44 Each portable tank must be made of stainless steel, except that steel other than stainless steel may be used in accordance with the provisions of § 173.24b(b) of this subchapter. Thickness of stainless steel for tank shell and heads must be the greater of 7.62 mm (0.300 inch) or the thickness required for a portable tank with a design pressure at least equal to 1.5 times the vapor pressure of the hazardous material at 46 °C (115 °F).

TP45 Each portable tank must be made of stainless steel, except that steel other than stainless steel may be used in accordance with the provisions of 173.24b(b) of this subchapter. Thickness of stainless steel for portable tank shells and heads must be the greater of 6.35 mm (0.250 inch) or the thickness required for a portable tank with a design pressure at least equal to 1.3 times the vapor pressure of the hazardous material at 46 °C (115 °F).

TP46 Portable tanks in sodium metal service are not required to be hydrostatically retested.

(8) * * *

Code/Special Provisions

W7 Vessel stowage category for uranyl nitrate hexahydrate solution is “D” as defined in § 172.101(k)(4).

W8 Vessel stowage category for pyrophoric thorium metal or pyrophoric uranium metal is “D” as defined in § 172.101(k)(4).

W9 When offered for transportation by water, the following Specification packagings are not authorized unless approved by the Associate Administrator: woven plastic bags, plastic film bags, textile bags, paper bags, IBCs and bulk packagings.

14. In § 172.202, paragraphs (a)(4) and (e) are revised to read as follows:

15. In § 172.203, paragraph (d)(11) is revised, new paragraphs (i)(5) and (i)(6) are added, and paragraph (n) is revised to read as follows:

(i) * * *

(5) Minimum flash point if 61°C or below (in °C closed cup (c.c.) in association with the basic description.

(6) Subsidiary hazards not communicated in the proper shipping name shown either following the hazard class or division in parentheses, or in association with the basic description.

(n) Elevated temperature materials. If a liquid material in a package meets the definition of an elevated temperature material in § 171.8 of this subchapter, and the fact that it is an elevated temperature material is not disclosed in the proper shipping name (for example, when the words “Molten” or “Elevated temperature” are part of the proper shipping name), the word “HOT” must immediately precede the proper shipping name of the material on the shipping paper.

16. In § 172.330, in paragraph (a)(1)(ii), the following changes are made:

a. The proper shipping name, “Acrolein, inhibited” is revised to read “Acrolein, stabilized”.

b. The proper shipping name, “Chloroprene, inhibited” is revised to read “Chloroprene, stabilized”.

c. The proper shipping name, “Sulfur trioxide, inhibited” is revised to read “Sulfur trioxide, stabilized”.

17. In § 172.402, paragraph (b) is revised to read as follows:

18. In § 172.405, the following changes are made:

a. In paragraph (a) introductory text, the wording “subsidiary label when—” is removed and the wording “subsidiary label.” is added in its place.

b. Paragraphs (a)(1) and (a)(2) are removed.

19-20. In § 172.411, the section heading, the text of paragraph (c) preceding the labels, and paragraph (d) ( printed page 33426) are revised and, in paragraph (c), the wording “EXPLOSIVE SUBSIDIARY LABEL:” and the explosive subsidiary label following it are removed, to read as follows:

§ 172.411 EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels.

(c) Except for size and color, the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and EXPLOSIVE 1.6 labels must be as follows:

(d) In addition to complying with § 172.407, the background color on the EXPLOSIVE 1.4, EXPLOSIVE 1.5, EXPLOSIVE 1.6 and EXPLOSIVE subsidiary label must be orange. The “*” shall be replaced with the appropriate compatibility group. The compatibility group letter must be shown as a capitalized Roman letter. Division numerals must measure at least 30 mm (1.2 inches) in height and at least 5 mm (0.2 inches) in width.

21. In § 172.502, paragraph (b)(1) is revised to read as follows:

22. In § 172.504, in paragraph (g), a sentence is added at the end of the existing text and paragraphs (g)(1) through (g)(4) are added to read as follows:

23. In § 172.512, in paragraph (a)(3), the wording “ICAO Technical Instructions” is removed and “ICAO Technical Instructions (see § 171.7 of this subchapter)” is added in its place.

24. In § 172.519, paragraph (b)(4) is revised to read as follows:

25. The authority citation for part 173 continues to read as follows:

Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.

26. In § 173.2a, in paragraph (b), in the Precedence of Hazard Table, in the first column, the first three entries are amended by adding a footnote reference “ ² ” immediately following “I”, “II”, and “III”, respectively, and footnote 2 at the end of the Precedence of Hazard Table is revised to read as follows:

27. In § 173.4, paragraph (a)(1) introductory text is revised to read as follows:

28. In § 173.24b, paragraph (e) is added to read as follows:

29. In § 173.31, in paragraph (b)(2)(ii), in the first sentence, the wording “chloroprene, inhibited” is revised to read “chloroprene, stabilized'.

30. Section 173.32 is revised to read as follows:

31. Section 173.32a is removed.

32. Section 173.32b is removed.

33. § 173.32c is removed.

34. In § 173.34, in the paragraph (e)(13) table, in the second column, the following changes are made:

a. In the second entry, the wording “Butadiene, inhibited” is revised to read “Butadiene, stabilized'.

b. In the ninth entry, the wording “Ethyleneimine, inhibited” is revised to read “Ethyleneimine, stabilized'.

35. In § 173.61, paragraph (e)(3) is revised and a new paragraph (e)(8) is added to read as follows:

36. In § 173.62, in paragraph (b), in the Explosives Table, two entries are added in appropriate alphanumerical order and in paragraph (c), in the Explosives Packing Instructions Table, in the fourth column, for the packing instruction entry 144, under the Boxes entry “plastics, expanded (4H1)” add an entry for Drums to read as follows:

( printed page 33430)

37. In addition, in § 173.62, in paragraph (c), in the Explosives Packing Instructions Table, in the fourth column, the following changes are made in appropriate packaging specification number order:

a. For packing instruction entries, 112(a), 112(b), 112(c), 113, 115, 116, 130, 131, 134, 135, 136, 138, 140, 141 and 142, under the word “Drums”, the wording “plywood (1D)” is added in the alpha-numeric order of the parenthetical.

b. For the packing instruction entries, 112(c), 113, 115, 134, 138 and 140, under the word “Drums”, the wording “plastics, removable head (1H2)” is added in the alpha-numeric order of the parenthetical.

c. For the packing instruction entries, 134 and 138, under the word “Drums”, the wording “fiberboard (1G)” is added in the alpha-numeric order of the parenthetical.

d. For the packing instruction entries, 112(c) and 113, under the word “Boxes”, the wording “aluminum (4B)” is added in the alpha-numeric order of the parenthetical.

e. For the packing instruction entry, 144, under the word “Boxes”, the wording “plastics, solid (4H2)” is added in the alpha-numeric order of the parenthetical.

38. In § 173.150, paragraph (d)(2) is revised to read as follows:

39. In § 173.162, paragraphs (a) introductory text and (a)(1) are revised to read as follows:

40. Section 173.185 is revised to read as follows:

41. In § 173.224, paragraph (b)(4) is revised; in the table following paragraph (b)(7), the following entry is added in appropriate alphabetical order; and paragraph (d) is removed to read as follows:

42. In § 173.225, in paragraph (b), in the Organic Peroxide Table, the following entries are removed and added in the appropriate alphabetical order; in Column (8), Notes “7” and “10” are removed each place they appear; and in the “NOTES” immediately following the Table, Notes “7” and “10” are removed and reserved and Note “26” is added in the appropriate numerical order; and paragraphs (e) introductory text, (e)(3) and (e)(5) are revised to read as follows:

43. In § 173.240, paragraphs (c) and (d) are revised to read as follows:

44. In § 173.241, paragraphs (c) and (d) are revised to read as follows:

45. In § 173.242, paragraphs (c) introductory text and (d) are revised to read as follows:

46. In § 173.243, paragraphs (c) and (d) are revised to read as follows:

47. In § 173.247, paragraph (c) is revised to read as follows:

48. In § 173.301, in paragraph (d)(2), in the first sentence, the wording “tetrafluoroethylene, inhibited” is revised to read “tetrafluoroethylene, stabilized”.

49. In § 173.304, the following changes are made:

a. In the paragraph (a)(2) table, in the first column, in the second to the last entry, the wording “Vinyl fluoride, inhibited” is revised to read “Vinyl fluoride, stabilized”.

b. In paragraph (b), in the first sentence, the wording “vinyl fluoride, inhibited” is revised to read “vinyl fluoride, stabilized”.

50. In § 173.306, paragraph (a)(4)(iii) is revised to read as follows:

51. In § 173.314, the following changes are made:

a. In the paragraph (c) table, in the first column, the last entry, “Vinyl fluoride, inhibited” is revised to read “Vinyl fluoride, stabilized”.

b. In paragraph (g) introductory text, the wording “vinyl fluoride, inhibited” is revised to read “vinyl fluoride, stabilized”.

52. In § 173.315:

a. The text of paragraph (a) preceding the table is revised;

b. In the paragraph (a) table, in the first column, the entry “Butadiene, inhibited” is revised to read “'Butadiene, stabilized” and the second to the last entry “Vinyl fluoride, inhibited” is revised to read “Vinyl fluoride, stabilized”;

c. In paragraph (b) introductory text, the wording “butadiene, inhibited” is revised to read “butadiene, stabilized”;

d. In the paragraph (h) table, in the first column, the sixth entry, “Butadiene, inhibited” is revised to read “Butadiene, stabilized”;

e. Paragraphs (i)(1)(iii), (i)(3), (i)(4) and (i)(8) are revised; and

f. Paragraph (i)(7) is removed and reserved.

The revisions read as follows:

53. In § 173.320, paragraph (c) is revised to read as follows:

54. The authority citation for part 175 continues to read as follows:

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

55. In § 175.10, paragraphs (a)(10) and (a)(16) are revised, and paragraph (a)(17) is added to read as follows:

56. In § 175.33, paragraph (a) introductory text is revised to read as follows:

57. § 175.78 is revised to read as follows:

(b) As a minimum, the segregation instructions prescribed in the following Segregation Table must be followed to maintain acceptable segregation between packages containing hazardous materials with different hazards. The Segregation Table instructions apply whether or not the class or division is the primary or subsidiary risk. The Segregation Table follows:

(c) Instructions for using the Segregation Table are as follows:(1) The dots at the intersection of a row and column indicate that no restrictions apply.

(2) The letter “X” at the intersection of a row and column indicates that packages containing these classes of hazardous materials may not be stowed next to or in contact with each other, or in a position which would allow interaction in the event of leakage of the contents.

(3) Note 1. “Note 1” at the intersection of a row and column means the following:

(i) For explosives in compatibility groups A through K and N —

(A) Packages bearing the same compatibility group letter and the same division number may be stowed together.

(B) Explosives of the same compatibility group, but different divisions may be stowed together provided the whole shipment is treated as belonging to the division having the smaller number. However, when explosives of Division 1.5 Compatibility Group D are stowed together with explosives of Division 1.2 Compatibility Group D, the whole shipment must be treated as Division 1.1, Compatibility Group D.

(C) Packages bearing different compatibility group letters may not be stowed together whether or not they belong to the same division, except as provided in paragraphs (c)(3)(ii) and (iii) of this section.

(ii) Explosives in Compatibility Group L may not be stowed with explosives in other compatibility groups. They may only be stowed with the same type of explosives in Compatibility Group L.

(iii) Explosives of Division 1.4, Compatibility Group S, may be stowed with explosives of all compatibility groups except for Compatibility Groups A and L.

(iv) Other than explosives of Division 1.4, Compatibility Group S (see paragraph (c)(3)(iii) of this section), and Compatibility Groups C, D and E that may be stowed together, explosives that do not belong in the same compatibility group may not be stowed together.

(A) Any combination of substances in Compatibility Groups C and D must be assigned to the most appropriate compatibility group shown in the § 172.101 Table of this subchapter.

(B) Explosives in Compatibility Group N may be stowed together with explosives in Compatibility Groups C, D or E when the combination is assigned Compatibility Group D.

(4) Note 2. “Note 2” at the intersection of a row and column means that other than explosives of Division 1.4, Compatibility Group S, explosives may not be stowed together with that class.

(5) Packages containing hazardous materials with multiple hazards in the ( printed page 33438) class or divisions, which require segregation in accordance with the Segregation Table need not be segregated from other packages bearing the same UN number.

(6) A package labeled “BLASTING AGENT” may not be stowed next to or in a position that will allow contact with a package of special fireworks or railway torpedoes.

58. In § 175.85, paragraph (a) is revised to read as follows:

59. The authority citation for part 176 continues to read as follows:

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

60. In § 176.2, the following definition is added in appropriate alphabetical order to read as follows:

61. In § 176.63, a new paragraph (e) is added to read as follows:

62. In § 176.84, in paragraph (b) Table of provisions, the entries “4” and “5” are revised; paragraph (c)(1) is revised; paragraph (c)(2), the List of Notes is revised; and paragraph (c)(3) is removed to read as follows:

63. In § 176.128, in paragraph (c), the word “UN 0600” is revised to read “UN 0060”.

64. In § 176.136, in paragraph (e), the word “portable” is removed.

65. In § 176.142, paragraph (a) is revised to read as follows:

66. A new section § 176.720 is added to subpart M to read as follows:

67. The authority citation for part 177 continues to read as follows:

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

68. In § 177.848, paragraph (g)(3)(vi) is revised to read as follows:

69. The authority citation for part 178 continues to read as follows:

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

70. A new section § 178.273 is added to subpart H to read as follows:

71. Section 178.274 is added to subpart H to read as follows:

(a) General. (1) Each UN portable tank must meet the requirements of this section. In addition to the requirements of this section, requirements specific to UN portable tanks used for liquid and solid hazardous materials, non-refrigerated liquefied gases and refrigerated liquefied gases are provided in §§ 178.275, 178.276 and 178.277, respectively. Requirements for approval, maintenance, inspection, testing and use are provided in § 178.273 and part 180, subpart G, of this subchapter. Any portable tank which meets the definition of a “container” within the terms of the International Convention for Safe Containers (CSC) must meet the requirements of the CSC as amended and 49 CFR parts 450 through 453 and must have a CSC safety approval plate.

(2) In recognition of scientific and technological advances, the technical requirements applicable to UN portable ( printed page 33441) tanks may be varied if approved by the Associate Administrator and the portable tank is shown to provide a level of safety equal to or exceeding the requirements of this subchapter. Portable tanks approved to alternative technical requirements must be marked “Alternative Arrangement” as specified in paragraph (i) of this section.

(3) Definitions. The following definitions apply for the purposes of design and construction of UN portable tanks under this subpart:

Alternate Arrangement portable tank means a UN portable tank that has been approved to alternative technical requirements or testing methods other than those specified for UN portable tanks in part 178 or part 180 of this subchapter.

Approval agency means the designated approval agency authorized to approve the portable tank in accordance with the procedures in subpart E of part 107 of this subchapter.

Design pressure is defined according to the hazardous materials intended to be transported in the portable tank. See §§ 178.275, 178.276 and 178.277, as applicable.

Design type means a portable tank or series of portable tanks made of materials of the same material specifications and thicknesses, manufactured by a single manufacturer, using the same fabrication techniques (for example, welding procedures) and made with equivalent structural equipment, closures, and service equipment.

Fine grain steel means steel which has a ferritic grain size of 6 or finer when determined in accordance with ASTM E 112-96 (see § 171.7 of this subchapter).

Fusible element means a non-reclosing pressure relief device that is thermally activated and that provides protection against excessive pressure buildup in the portable tank developed by exposure to heat, such as from a fire (see § 178.275(g)).

Jacket means the outer insulation cover or cladding which may be part of the insulation system.

Leakage test means a test using gas to subject the shell and its service equipment to an internal pressure.

Maximum allowable working pressure (MAWP) is defined according to the hazardous materials intended to be transported in the portable tank. See §§ 178.275, 178.276 and 178.277, as applicable.

Maximum permissible gross mass (MPGM) means the sum of the tare mass of the portable tank and the heaviest hazardous material authorized for transportation.

Mild steel means a steel with a guaranteed minimum tensile strength of 360 N/mm² to 440 N/mm² and a guaranteed minimum elongation at fracture as specified in paragraph (c)(10) of this section.

Offshore portable tank means a portable tank specially designed for repeated use in the transportation of hazardous materials to, from and between offshore facilities. An offshore portable tank is designed and constructed in accordance with the Guidelines for the Approval of Containers Handled in Open Seas specified in the IMDG Code (see § 171.7 of this subchapter).

Reference steel means a steel with a tensile strength of 370 N/mm² and an elongation at fracture of 27%.

Service equipment means measuring instruments and filling, discharge, venting, safety, heating, cooling and insulating devices.

Shell means the part of the portable tank which retains the hazardous materials intended for transportation, including openings and closures, but does not include service equipment or external structural equipment.

Structural equipment means the reinforcing, fastening, protective and stabilizing members external to the shell.

Test pressure means the maximum gauge pressure at the top of the shell during the hydraulic pressure test equal to not less than 1.5 times the design pressure for liquids and 1.3 for liquefied compressed gases. In some instances a pneumatic test is authorized as an alternative to the hydraulic test. The minimum test pressures for portable tanks intended for specific liquid and solid hazardous materials are specified in the applicable portable tank T codes (such as T1-T23) assigned to these hazardous materials in the § 172.101 Table of this subchapter.

(b) General design and construction requirements. (1) The design temperature range for the shell must be −40 °C to 50 °C (−40 °F to 122 °F) for hazardous materials transported under normal conditions of transportation, except for portable tanks used for refrigerated liquefied gases where the minimum design temperature must not be higher than the lowest (coldest) temperature (for example, service temperature) of the contents during filling, discharge or transportation. For hazardous materials handled under elevated temperature conditions, the design temperature must not be less than the maximum temperature of the hazardous material during filling, discharge or transportation. More severe design temperatures must be considered for portable tanks subjected to severe climatic conditions (for example, portable tanks transported in arctic regions). Shells must be designed and constructed in accordance with the requirements of the ASME Code, Section VIII, Division 1 (see § 171.7 of this subchapter), except as limited or modified in this subchapter. For portable tanks used for liquid or solid hazardous materials, a design code other than the ASME Code may be used if approved by the Associate Administrator. Portable tanks used for non-refrigerated and refrigerated liquified compressed gases require an ASME certification and U stamp. Shells must be made of metallic materials suitable for forming. Non-metallic materials may be used for the attachments and supports between the shell and jacket, provided their material properties at the minimum and maximum design temperatures are proven to be sufficient. For welded shells, only a material whose weldability has been fully demonstrated may be used. Welds must be of high quality and conform to a level of integrity at least equivalent to the welding requirements specified in Section VIII of the ASME Code for the welding of pressure vessels. When the manufacturing process or the materials make it necessary, the shells must be suitably heat-treated to guarantee adequate toughness in the weld and in the heat-affected zones. In choosing the material, the design temperature range must be taken into account with respect to risk of brittle fracture, stress corrosion cracking, resistance to impact, and suitability for the hazardous materials intended for transportation in the portable tank. When fine grain steel is used, the guaranteed value of the yield strength must be not more than 460 N/mm² and the guaranteed value of the upper limit of the tensile strength must be not more than 725 N/mm² according to the material specification. Aluminum may not be used as a construction material for the shells of portable tanks intended for the transport of non-refrigerated liquefied gases. For portable tanks intended for the transport of liquid or solid hazardous materials, aluminum may only be used as a construction material for portable tank shells if approved by the Associate Administrator. Portable tank materials must be suitable for the external environment where they will be transported, taking into account the determined design temperature range. Portable tanks shall be designed to withstand, without loss of contents, at least the internal pressure due to the ( printed page 33442) contents and the static, dynamic and thermal loads during normal conditions of handling and transportation. The design must take into account the effects of fatigue, caused by repeated application of these loads through the expected life of the portable tank.

(2) Portable tank shells, fittings, and pipework shall be constructed from materials that are:

(i) Compatible with the hazardous materials intended to be transported; or

(ii) Properly passivated or neutralized by chemical reaction, if applicable; or

(iii) For portable tanks used for liquid and solid materials, lined with corrosion-resistant material directly bonded to the shell or attached by equivalent means.

(3) Gaskets and seals shall be made of materials that are compatible with the hazardous materials intended to be transported.

(4) When shells are lined, the lining must be compatible with the hazardous materials intended to be transported, homogeneous, non-porous, free from perforations, sufficiently elastic and compatible with the thermal expansion characteristics of the shell. The lining of every shell, shell fittings and piping must be continuous and must extend around the face of any flange. Where external fittings are welded to the tank, the lining must be continuous through the fitting and around the face of external flanges. Joints and seams in the lining must be made by fusing the material together or by other equally effective means.

(5) Contact between dissimilar metals which could result in damage by galvanic action must be prevented by appropriate measures.

(6) The construction materials of the portable tank, including any devices, gaskets, linings and accessories, must not adversely affect or react with the hazardous materials intended to be transported in the portable tank.

(7) Portable tanks must be designed and constructed with supports that provide a secure base during transportation and with suitable lifting and tie-down attachments.

(c) Design criteria. (1) Portable tanks and their fastenings must, under the maximum permissible loads and maximum permissible working pressures, be capable of absorbing the following separately applied static forces (for calculation purposes, acceleration due to gravity (g) =9.81m/s² ):

(i) In the direction of travel: 2g (twice the MPGM multiplied by the acceleration due to gravity);

(ii) Horizontally at right angles to the direction of travel: 1g (the MPGM multiplied by the acceleration due to gravity);

(iii) Vertically upwards: 1g (the MPGM multiplied by the acceleration due to gravity); and

(iv) Vertically downwards: 2g (twice the MPGM multiplied by the acceleration due to gravity).

(2) Under each of the forces specified in paragraph (c)(1) of this section, the safety factor must be as follows:

(i) For metals having a clearly defined yield point, a design margin of 1.5 in relation to the guaranteed yield strength; or

(ii) For metals with no clearly defined yield point, a design margin of 1.5 in relation to the guaranteed 0.2% proof strength and, for austenitic steels, the 1% proof strength.

(3) The values of yield strength or proof strength must be the values according to recognized material standards. When austenitic steels are used, the specified minimum values of yield strength or proof strength according to the material standards may be increased by up to 15% for portable tanks used for liquid and solid hazardous materials, other than toxic by inhalation liquids meeting the criteria of Hazard Zone A or Hazard Zone B (see § 173.133 of this subchapter), when these greater values are attested in the material inspection certificate.

(4) Portable tanks must be capable of being electrically grounded to prevent dangerous electrostatic discharge when they are used for Class 2 flammable gases or Class 3 flammable liquids, including elevated temperature materials transported at or above their flash point.

(5) For shells of portable tanks used for liquefied compressed gases, the shell must consist of a circular cross section. Shells must be of a design capable of being stress-analysed mathematically or experimentally by resistance strain gauges as specified in UG-101, Section VIII of the ASME Code (see § 171.7 of this subchapter), or other methods approved by the Associate Administrator.

(6) Shells must be designed and constructed to withstand a hydraulic test pressure of not less than 1.5 times the design pressure for portable tanks used for liquids and 1.3 times the design pressure for portable tanks used for liquefied compressed gases. Specific requirements are provided for each hazardous material in the applicable T Code or portable tank special provision specified in the § 172.101 Table of this subchapter. The minimum shell thickness requirements must also be taken into account.

(7) For metals exhibiting a clearly defined yield point or characterized by a guaranteed proof strength (0.2% proof strength, generally, or 1% proof strength for austenitic steels), the primary membrane stress σ (sigma) in the shell must not exceed 0.75 Re or 0.50 Rm, whichever is lower, at the test pressure, where:

Re = yield strength in N/mm², or 0.2% proof strength or, for austenitic steels, 1% proof strength;

Rm = minimum tensile strength in N/mm² .

(8) The values of Re and Rm to be used must be the specified minimum values according to recognized material standards. When austenitic steels are used, the specified minimum values for Re and Rm according to the material standards may be increased by up to 15% when greater values are attested in the material inspection certificate.

(9) Steels which have a Re/Rm ratio of more than 0.85 are not allowed for the construction of welded shells. The values of Re and Rm to be used in determining this ratio must be the values specified in the material inspection certificate.

(10) Steels used in the construction of shells must have an elongation at fracture, in percentage, of not less than 10,000/Rm with an absolute minimum of 16% for fine grain steels and 20% for other steels.

(11) For the purpose of determining actual values for materials for sheet metal, the axis of the tensile test specimen must be at right angles (transversely) to the direction of rolling. The permanent elongation at fracture must be measured on test specimens of rectangular cross sections in accordance with ISO 6892 (see § 171.7 of this subchapter), using a 50 mm gauge length.

(d) Minimum shell thickness. (1) The minimum shell thickness must be the greatest thickness of the following:

(i) the minimum thickness determined in accordance with the requirements of paragraphs (d)(2) through (d)(10) of this section;

(ii) the minimum thickness determined in accordance with Section VIII of the ASME Code (see § 171.7 of this subchapter) or other approved pressure vessel code; or

(iii) the minimum thickness specified in the applicable T code or portable tank special provision indicated for each hazardous material in the § 172.101 Table of this subchapter.

(2) Shells (cylindrical portions, heads and manhole covers) not more than 1.80 m in diameter may not be less than 5 mm thick in the reference steel or of ( printed page 33443) equivalent thickness in the metal to be used. Shells more than 1.80 m in diameter may not be less than 6 mm (0.2 inches) thick in the reference steel or of equivalent thickness in the metal to be used. For portable tanks used only for the transportation of powdered or granular solid hazardous materials of Packing Group II or III, the minimum thickness requirement may be reduced to 5 mm in the reference steel or of equivalent thickness in the metal to be used regardless of the shell diameter. For vacuum-insulated tanks, the aggregate thickness of the jacket and the shell must correspond to the minimum thickness prescribed in this paragraph, with the thickness of the shell itself not less than the minimum thickness prescribed in paragraph (d)(3) of this section.

(3) When additional protection against shell damage is provided in the case of portable tanks used for liquid and solid hazardous materials requiring test pressures less than 2.65 bar (265.0 kPa), subject to certain limitations specified in the UN Recommendations (see § 171.7 of this subchapter), the Associate Administrator may approve a reduced minimum shell thickness.

(4) The cylindrical portions, heads and manhole covers of all shells must not be less than 3 mm (0.1 inch) thick regardless of the material of construction, except for portable tanks used for liquefied compressed gases where the cylindrical portions, ends (heads) and manhole covers of all shells must not be less than 4 mm (0.2 inch) thick regardless of the material of construction.

(5) When steel is used, that has characteristics other than that of reference steel, the equivalent thickness of the shell and heads must be determined according to the following formula:

Where:

e₁ = required equivalent thickness (in mm) of the metal to be used;

e₀ = minimum thickness (in mm) of the reference steel specified in the applicable T code or portable tank special provision indicated for each material in the § 172.101 Table of this subchapter;

d₁ = 1.8m, unless the formula is used to determine the equivalent minimum thickness for a portable tank shell that is required to have a minimum thickness of 8mm or 10mm according to the applicable T code indicated in the § 172.101 Table of this subchapter. When reference steel thicknesses of 8mm or 10mm are specified, d₁ is equal to the actual diameter of the shell but not less than 1.8m;

Rm₁ = guaranteed minimum tensile strength (in N/mm ² ) of the metal to be used;

A₁ = guaranteed minimum elongation at fracture (in %) of the metal to be used according to recognized material standards.

(6) The wall and all parts of the shell may not have a thickness less than that prescribed in paragraphs (d)(2), (d)(3) and (d)(4) of this section. This thickness must be exclusive of any corrosion allowance.

(7) There must be no sudden change of plate thickness at the attachment of the heads to the cylindrical portion of the shell.

(e) Service equipment. (1) Service equipment must be arranged so that it is protected against the risk of mechanical damage by external forces during handling and transportation. When the connections between the frame and the shell allow relative movement between the sub-assemblies, the equipment must be fastened to allow such movement without risk of damage to any working part. The external discharge fittings (pipe sockets, shut-off devices) and the internal stop-valve and its seating must be protected against mechanical damage by external forces (for example, by using shear sections). Each internal self-closing stop-valve must be protected by a shear section or sacrificial device located outboard of the valve. The shear section or sacrificial device must break at no more than 70% of the load that would cause failure of the internal self-closing stop valve. The filling and discharge devices (including flanges or threaded plugs) and any protective caps must be capable of being secured against unintended opening.

(2) Each filling or discharge opening of a portable tank must be clearly marked to indicate its function.

(3) Each stop-valve or other means of closure must be designed and constructed to a rated pressure not less than the MAWP of the shell taking into account the temperatures expected during transport. All stop-valves with screwed spindles must close by a clockwise motion of the handwheel. For other stop-valves, the position (open and closed) and direction of closure must be clearly indicated. All stop-valves must be designed to prevent unintentional opening.

(4) Piping must be designed, constructed and installed to avoid the risk of damage due to thermal expansion and contraction, mechanical shock and vibration. All piping must be of a suitable metallic material. Welded pipe joints must be used wherever possible.

(5) Joints in copper tubing must be brazed or have an equally strong metal union. The melting point of brazing materials must be no lower than 525°C (977°F). The joints must not decrease the strength of the tubing, such as may happen when cutting threads. Brazed joints are not authorized for portable tanks intended for refrigerated liquefied gases.

(6) The burst pressure of all piping and pipe fittings must be greater than the highest of four times the MAWP of the shell or four times the pressure to which it may be subjected in service by the action of a pump or other device (except pressure relief devices).

(7) Ductile metals must be used in the construction of valves and accessories.

(f) Pressure relief devices.— (1) Marking of pressure relief devices. Every pressure relief device must be clearly and permanently marked with the following:

(i) the pressure (in bar or kPa) or temperature for fusible elements (in °C) at which it is set to discharge;

(ii) the allowable tolerance at the discharge pressure for reclosing devices;

(iii) the reference temperature corresponding to the rated pressure for frangible discs;

(iv) the allowable temperature tolerance for fusible elements;

(v) the rated flow capacity of the device in standard cubic meters of air per second (m³ /s)determined according to ISO 4126-1 (see § 171.7 of this subchapter); and

(vi) when practicable, the device must show the manufacturer's name and product number.

(2) Connections to pressure relief devices. Connections to pressure relief devices must be of sufficient size to enable the required discharge to pass unrestricted to the safety device. No stop-valve may be installed between the shell and the pressure relief devices except where duplicate devices are provided for maintenance or other reasons and the stop-valves serving the devices actually in use are locked open or the stop-valves are interlocked so that at least one of the devices is always in use. There must be no obstruction in an opening leading to a vent or pressure relief device which might restrict or cut-off the flow from the shell to that device. Vents or pipes from the pressure relief device outlets, when used, must deliver the relieved vapor or liquid to the atmosphere in conditions of minimum back-pressure on the relieving devices.

(3) Location of pressure relief devices. (i) Each pressure relief device inlet must be situated on top of the shell in a position as near the longitudinal and ( printed page 33444) transverse center of the shell as reasonably practicable. All pressure relief device inlets must, under maximum filling conditions, be situated in the vapor space of the shell and the devices must be so arranged as to ensure that any escaping vapor is not restricted in any manner. For flammable hazardous materials, the escaping vapor must be directed away from the shell in such a manner that it cannot impinge upon the shell. For refrigerated liquefied gases, the escaping vapor must be directed away from the tank and in such a manner that it cannot impinge upon the tank. Protective devices which deflect the flow of vapor are permissible provided the required relief-device capacity is not reduced.

(ii) Provisions must be implemented to prevent unauthorized persons from access to the pressure relief devices and to protect the devices from damage caused by the portable tank overturning.

(g) Gauging devices. Unless a portable tank is intended to be filled by weight, it must be equipped with one or more gauging devices. Glass level-gauges and gauges made of other fragile material, which are in direct communication with the contents of the tank are prohibited. A connection for a vacuum gauge must be provided in the jacket of a vacuum-insulated portable tank.

(h) Portable tank supports, frameworks, lifting and tie-down attachments. (1) Portable tanks must be designed and constructed with a support structure to provide a secure base during transport. The forces and safety factors specified in paragraphs (c)(1) and (c)(2) of this section, respectively, must be taken into account in this aspect of the design. Skids, frameworks, cradles or other similar structures are acceptable.

(2) The combined stresses caused by portable tank mountings (for example, cradles, framework, etc.) and portable tank lifting and tie-down attachments must not cause stress that would damage the shell in a manner that would compromise its lading retention capability. Permanent lifting and tie-down attachments must be fitted to all portable tanks. Preferably they should be fitted to the portable tank supports but may be secured to reinforcing plates located on the shell at the points of support. Each portable tank must be designed so that the center of gravity of the filled tank is approximately centered within the points of attachment for lifting devices.

(3) In the design of supports and frameworks, the effects of environmental corrosion must be taken into account.

(4) Forklift pockets must be capable of being closed off. The means of closing forklift pockets must be a permanent part of the framework or permanently attached to the framework. Single compartment portable tanks with a length less than 3.65 m (12 ft.) need not have forklift pockets that are capable of being closed off provided that:

(i) The shell, including all the fittings, are well protected from being hit by the forklift blades; and

(ii) The distance between forklift pockets (measured from the center of each pocket) is at least half of the maximum length of the portable tank.

(5) During transport, portable tanks must be adequately protected against damage to the shell, and service equipment resulting from lateral and longitudinal impact and overturning, or the shell and service equipment must be constructed to withstand the forces resulting from impact or overturning. External fittings must be protected so as to preclude the release of the shell contents upon impact or overturning of the portable tank on its fittings. Examples of protection include:

(i) Protection against lateral impact which may consist of longitudinal bars protecting the shell on both sides at the level of the median line;

(ii) Protection of the portable tank against overturning which may consist of reinforcement rings or bars fixed across the frame;

(iii) Protection against rear impact which may consist of a bumper or frame;

(iv) Protection of the shell against damage from impact or overturning by use of an ISO frame in accordance with ISO 1496-3 (see § 171.7 of this subchapter); and

(v) Protection of the portable tank from impact or damage that may result from overturning by an insulation jacket.

(i) Marking. (1) Every portable tank must be fitted with a corrosion resistant metal plate permanently attached to the portable tank in a conspicuous place and readily accessible for inspection. When the plate cannot be permanently attached to the shell, the shell must be marked with at least the information required by Section VIII of the ASME Code (see § 171.7 of this subchapter). At a minimum, the following information must be marked on the plate by stamping or by any other equivalent method:

Country of manufacture

U N

Approval Country

Approval Number

Alternative Arrangements (see § 178.247(a)(2)) “AA”

Manufacturer's name or mark

Manufacturer's serial number

Approval Agency (Authorized body for the design approval)

Owner's registration number

Year of manufacture

Pressure vessel code to which the shell is designed

Test pressure____bar gauge.

MAWP____bar gauge.

External design pressure (not required for portable tanks used for refrigerated liquefied gases)____bar gauge.

Design temperature range____°C to____°C. (For portable tanks used for refrigerated liquefied gases, the minimum design temperature must be marked.)

Water capacity at 20°C/____liters.

Water capacity of each compartment at 20°C____liters.

Initial pressure test date and witness identification.

MAWP for heating/cooling system____bar gauge.

Shell material(s) and material standard reference(s).

Equivalent thickness in reference steel____mm.

Lining material (when applicable).

Date and type of most recent periodic test(s).

Month____Year____­ Test pressure____bar gauge.

Stamp of approval agency that performed or witnessed the most recent test.

For portable tanks used for refrigerated liquefied gases:

Either “thermally insulated” or “vacuum insulated”____.

Effectiveness of the insulation system (heat influx)____Watts (W).

Reference holding time____days or hours and initial pressure____bar/kPa gauge and degree of filling____in kg for each refrigerated liquefied gas permitted for transportation.

(2) The following information must be marked either on the portable tank itself or on a metal plate firmly secured to the portable tank:

Name of the operator.

Name of hazardous materials being transported and maximum mean bulk temperature (except for refrigerated liquefied gases, the name and temperature are only required when the maximum mean bulk temperature is higher than 50°C).

Maximum permissible gross mass (MPGM)____kg.

Unladen (tare) mass____kg.

Note to Paragraph (i)(2):

For the identification of the hazardous materials being transported refer to part 172 of this subchapter.

(3) If a portable tank is designed and approved for open seas operations, such as offshore oil exploration, in accordance with the IMDG Code, the words “OFFSHORE PORTABLE TANK” must be marked on the identification plate. ( printed page 33445)

(j) Initial inspection and test. The initial inspection and test of a portable tank must include the following:

(1) A check of the design characteristics.

(2) An internal and external examination of the portable tank and its fittings, taking into account the hazardous materials to be transported. For UN portable tanks used for refrigerated liquefied gases, a pressure test using an inert gas may be conducted instead of a hydrostatic test. An internal inspection is not required for a portable tank used for the dedicated transportation of refrigerated liquefied gases that are not filled with an inspection opening.

(3) A pressure test as specified in paragraph (i) of this section.

(4) A leakage test.

(5) A test of the satisfactory operation of all service equipment including pressure relief devices must also be performed. When the shell and its fittings have been pressure-tested separately, they must be subjected to a leakage test after reassembly. All welds, subject to full stress level in the shell, must be inspected during the initial test by radiographic, ultrasonic, or another suitable non-destructive test method. This does not apply to the jacket.

(6) A UN portable tank that meets the definition of “container” in the CSC (see 49 CFR 450.3(a)(2)) must be subjected to an impact test using a prototype representing each design type. The prototype portable tank must be shown to be capable of absorbing the forces resulting from an impact not less than 4 times (4 g) the maximum permissable gross mass of the fully loaded portable tank at a duration typical of the mechanical shocks experienced in rail transportation. A listing of standards describing methods acceptable for performing the impact test are provided in the UN Recommendations (see § 171.7 of this subchapter). UN portable tanks used for the dedicated transportation of “Helium, refrigerated liquid,” UN1963 and “Hydrogen, refrigerated liquid,” UN1966 that are marked “NOT FOR RAIL TRANSPORT” in letters of a minimum height of 20 cm (8 inches) on at least two sides of the portable tank are excepted from the 4 g impact test.

(7) The following tests must be completed on a portable tank or a series of portable tanks designed and constructed to a single design type that is also a CSC container without leakage or deformation that would render the portable tank unsafe for transportation and use:

(i) Longitudinal inertia. The portable tank loaded to its maximum gross weight must be positioned with its longitudinal axis vertical. It shall be held in this position for five minutes by support at the lower end of the base structure providing vertical and lateral restraint and by support at the upper end of the base structure providing lateral restraint only.

(ii) Lateral inertia. The portable tank loaded to its maximum gross weight must be positioned for five minutes with its transverse axis vertical. It shall be held in this position for five minutes by support at the lower side of the base structure providing vertical and lateral restraint and by support at the upper side of the base structure providing lateral restraint only.

72. Section 178.275 is added to subpart H to read as follows:

73. Section 178.276 is added to subpart H to read as follows:

74. A new § 178.277 is added to subpart H to read as follows:

75. In § 178.703, the section heading and paragraph (a)(1) introductory text are revised and in paragraph (a)(1)(ii), a new sentence is added at the end of the paragraph to read as follows:

( printed page 33452)

76. In § 178.705, the section heading and paragraph (c)(1)(iv)(A) are revised and a new paragraph (c)(1)(iv)(C) is added to read as follows:

77. In § 178.801, in paragraph (i), two sentences are added at the end of the paragraph to read as follows:

78. In § 178.812, paragraph (c)(1) is revised and a new paragraph (c)(3) is added to read as follows:

79. The authority citation for part 179 continues to read as follows:

Authority: 49 U.S.C. 5105-5127; 49 CFR 1.53.

80. In § 179.102-4, in the introductory text, the wording “vinyl fluoride, inhibited” is revised to read “vinyl fluoride, stabilized”.

81. The authority citation for part 180 continues to read as follows:

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

82. Subpart G is added to part 180 to read as follows: