DAR File No. 32827

Transportation, Motor Carrier

R909-75

Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes

NOTICE OF PROPOSED RULE

DAR File No.: 32827
Filed: 07/15/2009, 03:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to update the current edition of the Code of Federal Regulations (CFR). The rule incorporates the CFR. The Federal Government has issued a new edition and the change reflects the issuing of the new edition.

Summary of the rule or change:

The change reflects the new CFR issued by the Federal Government. The following is a summary by section of the major changes made in this final rule. The summary does not include minor editorial corrections such as punctuation errors, or similar minnow revisions. Part 171, Section 171.3: This section prescribes requirements for transporting hazardous waste under the Hazardous Materials Regulations (HMR). Paragraph (b)(1) requires each motor vehicle to be marked in accordance with 49 CFR 390.21 and 1058.2. Because Section 1058.2 no longer exists, in this final rule the Pipeline Hazardous Materials Safety Administration (PHMSA) removes this reference in paragraph (b)(1). Section 171.7 Paragraph (a) of Section 171.7 lists materials incorporated by reference into the HMR. In paragraph (a)(3), PHMSA corrects the mailing address for the American Pyrotechnic Association. Paragraph (b) of Section 171.7 lists information materials that are not incorporated by reference. In a final rule published on 01/28/2008 (Docket No. 05-21812 (HM-218D), 73 FR 4699, effective October 1, 2008), PHMSA adds in paragraph (b) an entry for the Compressed Gas Association's (CGA) publication, CGA C-1.1 in Section 171.7(b). A new paragraph (g)(6) in Section 180.205 listed CGA C-1.1 as an example of training material that may be used by persons who requalify cylinders using the volumetric expansion test method. Following the publication of the HM-215D final rule, PHMSA received an appeal from Hydro-Test (PHMSA-2005-21812-0025) asking to either remove this reference to CGA C-1.1 or add examples of other training materials that may be used. Hydro-Test noted that referencing only the CGA publication in the HMR could suggest that other training materials are not acceptable. PHMSA added CGA C-1.1 as an example of guidance material that may be used to assist requalifiers in setting up their cylinder training procedures and record keeping requirements. The publication is not a standalone tool for training persons on how to perform requalification of cylinders using the volumetric expansion test method. However, to alleviate confusion for cylinder requalifiers, in this final rule, PHMSA removed the new entry for CGA C-1.1 from Section 171.7(b) and paragraph (g)(6) from Section 180.205. Section 171.8: This section contains definitions for terms used in the HMR. PHMSA inadvertently omitted replacing the name "Diagnostic specimens" with the name "Biological substances, category B" when PHMSA revised the HMR to harmonize its infectious substance requirements with international requirements and removed the name "Diagnostic specimens" under Docket No. PHMSA-2004-16895 (HM-226A; 71 FR 32244, 06/02/2006). In this final rule, PHMSA corrected this oversight. Also, PHMSA revised the definitions for "Elevated temperature material" and "Liquid phase" to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR and with that specified in the American Society for Testing and Materials (ASTM) Standard ASTM D 4359, "Standard Test Method for Determining whether a Material is a Liquid or a Solid," which the HMR incorporates by reference under Section 171.7. Section 171.23: This section prescribes requirements for specific materials and packaging transported under the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), International Maritime Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), and the International Atomic Energy Agency Regulations for the Safe Transport of Radioactive Material (IAEA Regulations). In this final rule, PHMSA revised paragraph (a)(3)(iii) to correct the reference "(a)(3)" to "(a)(4)". Section 171.25: This section prescribes additional requirements for the use of the IMDG Code under the HMR. In this final rule, PHMSA corrected several inadvertent errors in this section. In paragraph (b)(1), PHMSA revised the regulatory text to clarify that the segregation requirements in Part 7 of the IMDG Code may be utilized for both rail and highway transportation. The rail mode was inadvertently removed in the printing of the HM-215F final rule published on 05/03/2007. PHMSA also corrected the word "subpart" to read "subchapter" in the second sentence of this paragraph, and the reference to "Part 7, Chapter 2", of the IMDG Code to read "Part 7, Chapter 7.2" in the last sentence. In paragraph (b)(2), PHMSA clarifies that the paragraph applies to transportation by vessel. Part 172: In the heading to Part 172, PHMSA added the words "Security Plans" to reflect the security plan requirements in Subpart I of Part 172. Section 172.201: This section prescribes requirements on the preparation and retention of shipping papers. Paragraph (a)(1)(iii) is corrected to clarify the use of the letter "X" to identify hazardous materials on a shipping paper. The clarification allows the letter "X" to be placed in a column titled "HM" appearing before the basic shipping description instead of the proper shipping name of a hazardous material to recognize that the identification number may appear first in the basic shipping description as provided in Section 172.202(b). Section 172.202: This section prescribes requirements for shipping descriptions on shipping papers. In paragraphs (a)(5) and (a)(6)(ii), PHMSA inserted the U.S. standard measurement conversions after the metric measurements for clarity. Section 172.203: This section prescribes additional description requirements for hazardous materials on shipping papers. In this final rule, PHMSA corrected the examples provided in this section as follows: Section PHMSA revised the paragraph (c)(2) to reflect in the example the basic shipping description sequence prescribed in Section 172.202(b), with the UN identification number appearing first, and to correct the example of the basic description for "Allyl alcohol" to state that this material is a Zone B toxic inhalation hazard. Section PHMSA revised the paragraph (d)(1) to correct the spelling of the word "radionuclides" in the second sentence. Section PHMSA revised the paragraph (i)(2), which contains additional shipping paper description requirements for flammable liquids transported by vessel, to reflect a flash point at 60 deg C (140 deg F) in place of 61 deg C for consistency with the provisions contained in 49 CFR 173.120(a) and paragraph 5.4.1.4.3 of the IMDG Code. Section Paragraph (k) requires the use of a technical name with a proper shipping name designated as generic with the letter "G" in Column 1 of the Section 172.101 Table. PHMSA made a minor editorial revision to the last sentence in paragraph (k) and adding two new sentences to refer readers to the definition of "Technical name" in Section 171.8 and to other relevant information in Section 172.301. Section 172.320: This section prescribes the marking requirements for explosive hazardous materials. In paragraph (b), PHMSA corrected the reference to the regulation requiring a product code for commercial explosives from "27 CFR part 55" to read "27 CFR part 555". In addition, PHMSA removed current paragraph (e)(4), which contains an expired transitional provision, and redesignated current paragraph (e)(5) as paragraph (e)(4). Section 172.704: This section prescribes training requirements for hazmat employees. In paragraph (a)(2)(ii), PHMSA revised the reference to "Sections 171.11 and 171.12" to read "authorized by subpart C of part 171 of this subchapter" to be consistent with revisions adopted in the final rule issued under Docket No. PHMSA-2005-24131 (HM-215F, 72 FR 25162, 3/5/07). Part 173 Section 173.21: This section prescribes the hazardous materials and packages that are forbidden in transportation. In this final rule, PHMSA revised paragraph (f)(3) to clearly state that approvals issued by the Bureau of Explosives are no longer valid. Section 173.25: This section prescribes requirements for transporting hazardous materials packages in overpacks. In this final rule, PHMSA removed the second sentence in paragraph (a)(4) because it contains an expired compliance date. Section 173.219: This section prescribes requirements for transporting life-saving appliances and matches. In this final rule, PHMSA amended paragraph (a) by replacing the word "movement" with "shifting" to clarify the devices must be placed in inner packaging that are packed in outer packaging in a manner to prevent the devices from shifting within the outer packaging. Section 173.227: This section prescribes requirements for packaging poisonous-by-inhalation materials, in Division 6.1, Packing Group I, Hazard Zone B. PHMSA revised paragraph (b) to include UN 6HH1 composite packagings with an inner protective plastic drum. This revision was inadvertently omitted in a final rule issued under Docket No. RSPA-04-17036 (HM-215G, 69 FR 76043, 12/20/2004). Section 173.308: This section sets forth requirements for the transportation of lighters. In this final rule, PHMSA revised paragraph (b)(3)(ii) to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR. Part 175 Section 175.30: This section prescribes requirements for inspecting hazardous materials shipments aboard an aircraft. A capitalization error is corrected in paragraph (a)(2). In paragraph (a)(3), PHMSA revised the reference to Section 171.11 to read "as authorized by subpart C of part 171 of this subchapter" to be consistent with the revisions adopted under HM-215F. Part 176 Section 176.83: This section prescribes segregation requirements for hazardous materials transported by vessel. In this final rule, PHMSA revised paragraph (b) to clarify that although Column 1 of Table Section 176.83(b) is titled "Class", it also lists certain hazard class divisions. Part 178 Section 178.36: This section contains the design and manufacture requirements for DOT 3A and 3AX seamless steel cylinders. In paragraph (a)(2), PHMSA corrected the wording "seamless stainless steel cylinder" to remove the word stainless, and in the first sentence in paragraph (f), the wording "service pressure less than 900 pounds" to read "service pressure less than 900 psig". Section 178.275: This section prescribes design and manufacture standards for UN portable tanks intended for the transportation of liquid and solid hazardous materials. In the HM-215G final rule, paragraph (i)(2), the introductory text was revised to clarify the combined delivery capacity of a UN portable tank's relief system. However, the mandatory language incorrectly stated that paragraph (i)(2) was revised. As a result, all the vent capacity formulas and tables referenced in the paragraph were removed. PHMSA reinstated paragraphs (i)(2)(i)-(iv) in this final rule. In addition, in paragraph (d)(3), the reference to "(c)(2)" is corrected to read "(d)(2)". Section 178.605: This section prescribes the hydrostatic test requirements for nonbulk UN standard packagings. In this final rule, PHMSA relocated the last sentence in paragraph (d)(3) requiring the performance of a pressure test on packagings intended to contain Packing Group I hazardous materials at a minimum test pressure of 250 kPa (36 psig) to paragraph (d) introductory text, preceding the list of methods contained in paragraphs (d)(1)-(d)(3). PHMSA made this revision to clarify that this pressure test requirement applies regardless of the method chosen to determine the pressure. Part 179 Section 179.400-18: This section prescribes pressure test requirements for the inner tanks of DOT-113 and DOT-107A cryogenic liquid tank car tanks and seamless steel tanks. Paragraph (a) is revised to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR. Part 180 Section 180.209: This section prescribes requirements for the periodic requalification of DOT specification cylinders. PHMSA revised paragraph (l) introductory text to change "Section 171.12a" to correctly reference Sections 171.12(a) and 171.23(a), and paragraph (l)(2) to correctly reference certain export requirements contained in Section 171.23(a)(4).

State statutory or constitutional authorization for this rule:

Sections 72-9-303, 72-9-701, and 72-9-702

This rule or change incorporates by reference the following material:

49 CFR, Sub-Chapter C, Parts 100 through 180, of the October 1, 2008 edition of the Federal Register

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that will impact the state budget.

local governments:

No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that will impact local governments.

small businesses and persons other than businesses:

No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this change that will impact small businesses.

Compliance costs for affected persons:

No cost or savings are anticipated for compliance of affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should have no fiscal impact on businesses. John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at maureenshort@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

John R. Njord, Executive Director

R909. Transportation, Motor Carrier.

R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes.

R909-75-1. Adoption of Federal Regulations.

Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes, 49 CFR, Sub-Chapter C, Parts 100 through 180, of the [January 7, 2008 (Volume 73, Number 4)]October 1, 2008 edition of the Federal Register, are incorporated by reference. These changes apply to all private, common, and contract carriers by highway in commerce.

 

KEY: hazardous materials transportation, hazardous substances, hazardous waste, safety regulations

Date of Enactment or Last Substantive Amendment: [February 8, 2007]2009

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104