PHMSA Final Rule: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements

PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials.

DATES:

Effective date: This final rule is effective on April 3, 2024.

Delayed compliance date: March 4, 2025.

Published in theFederal Register March 4, 2024, page 15636.

Viewfinal rule.

Previous Text

§107.117 Emergency processing.

(a) An application is granted emergency processing if the Associate Administrator, on the basis of the application and any inquiry undertaken, finds that—

(1) Emergency processing is necessary to prevent significant injury to persons or property (other than the hazardous material to be transported) that could not be prevented if the application were processed on a routine basis; or

(2) Emergency processing is necessary for immediate national security purposes or to prevent significant economic loss that could not be prevented if the application were processed on a routine basis.

§171.7 Reference material.

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(n)Compressed Gas Association (CGA), 8484 Westpark Drive, Suite 220, McLean, VA 22102.

(1) CGA C-1—2016, Methods for Pressure Testing Compressed Gas Cylinders, Eleventh edition, copyright 2016, into §§178.36, 178.37, 178.38, 178.39, 178.42, 178.44, 178.45, 178.46, 178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.205, 180.209.

(2) CGA C-3—2005 (Reaffirmed 2011), Standards for Welding on Thin-Walled Steel Cylinders, Seventh edition, copyright 2005, into §§178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.

(3) CGA C-5, Cylinder Service Life-Seamless Steel High Pressure Cylinders, 1991 (reaffirmed 1995), into §173.302a.

(4) CGA C-6—2013, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Eleventh edition, copyright 2013, into §§172.102, 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, 180.519.

(5) CGA C-6.1—2013, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, Sixth Edition, copyright 2013 (corrected 4/14/2015), into §§180.205; §180.209.

(6) CGA Pamphlet C-6.2, Guidelines for Visual Inspection and Requalification of Fiber Reinforced High Pressure Cylinders, 1996, Third Edition, into §180.205.

(7) CGA C-6.3—2013, Standard for Visual Inspection of Low Pressure Aluminum Alloy Compressed Gas Cylinders, Third Edition, copyright 2013, into §§180.205; §180.209.

(8) CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition, copyright 2014, into §172.400a.

(9) CGA Pamphlet C-8, Standard for Requalification of DOT-3HT Cylinder Design, 1985, into §180.205; 180.209.

(10) CGA C-11—2013, Practices for Inspection of Compressed Gas Cylinders at Time of Manufacture, Fifth Edition, copyright 2013, into §178.35.

(11) CGA Pamphlet C-12, Qualification Procedure for Acetylene Cylinder Design, 1994, into §173.301; 173.303; 178.59; 178.60.

(12) CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and Requalification of Acetylene Cylinders, 2000, Fourth Edition, into §173.303; 180.205; 180.209.

(13) CGA C-14—2005 (Reaffirmed 2010), Procedures for Fire Testing of DOT Cylinder Pressure Relief Device Systems, Fourth edition, copyright 2005, into §§173.301; 173.323.

(14) CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011, into §173.301.

(15) CGA Pamphlet G-2.2, Guideline Method for Determining Minimum of 0.2% Water in Anhydrous Ammonia, 1985, Second Edition, Reaffirmed 1997, into §173.315.

(16) CGA Pamphlet G-4.1, Cleaning Equipment for Oxygen Service, 1985, into §178.338-15.

(17) CGA Pamphlet P-20, Standard for the Classification of Toxic Gas Mixtures, 2003, Third Edition, into §173.115.

(18) CGA S-1.1—2011, Pressure Relief Device Standards—Part 1—Cylinders for Compressed Gases, Fourteenth edition, copyright 2011, into §§173.301; 173.304a; 178.75.

(19) CGA Pamphlet S-1.2, Safety Relief Device Standards Part 2—Cargo and Portable Tanks for Compressed Gases, 1980, into §173.315; 173.318; 178.276; 178.277.

(20) CGA S-7—2013, Standard for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders, Fifth Edition, copyright 2013, into §173.301.

(21) CGA Technical Bulletin TB-2, Guidelines for Inspection and Repair of MC-330 and MC-331 Cargo Tanks, 1980, into §180.407; 180.413.

(22) CGA Technical Bulletin TB-25, Design Considerations for Tube Trailers, 2008 Edition, into §173.301.

(23) CGA V-9-2012, Compressed Gas Association Standard for Compressed Cylinder Valves, Seventh Edition, 2012, into §173.301.

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(r)Institute of Makers of Explosives, 1212 New York Ave NW, #650, Washington, DC 20005.

(1) IME Standard 22,IME Safety Library Publication No. 22, Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials, February 2007, into §§173.63; 177.835.

(2) IME Standard 23, IME Safety Library Publication No. 23 (IME Standard 23), Recommendations for the Transportation of Explosives, Division 1.5, Ammonium Nitrate Emulsions, Division 5.1, Combustible Liquids, Class 3, and Corrosives, Class 8 in Bulk Packaging, October 2011, into §§173.66(intro); 177.835(d).

(3) AESC/IME JPG Standard, Guide to Obtaining DOT Approval of Jet Perforating Guns using AESC/IME Perforating Gun Specifications, Ver. 02, dated September 1, 2017, into §173.67.

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(dd)(4) Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), copyright 2020; into §171.23; as follows:

§171.8 Definitions and abbreviations.

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Liquidmeans a material, other than an elevated temperature material, with a melting point or initial melting point of 20°C (68°F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 “Standard Test Method for Determining Whether a Material is Liquid or Solid” (IBR, see §171.7).

§172.102 Special provisions.

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148 For domestic transportation, this entry directs to §173.66 for:

a. The standards for transporting a single bulk hazardous material for blasting by cargo tank motor vehicles (CTMV); and

b. The standards for CTMVs capable of transporting multiple hazardous materials for blasting in bulk and non-bulk packagings (i.e., a multipurpose bulk truck (MBT)).

§172.514 Bulk packagings.

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(c)(1) A portable tank having a capacity of less than 3,785 L (1000 gallons);

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(c)(4)An IBC. For an IBC labeled in accordance with subpart E of this part, the IBC may display the proper shipping name and UN identification number markings in accordance with §172.301(a)(1) in place of the UN number on an orange panel, placard or white square-on-point configuration as prescribed in §172.336(d); and

§173.4b De minimis exceptions.

(a) Packing Group II and III materials in Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and Class 9 do not meet the definition of a hazardous material in§171.8of this subchapter when packaged in accordance with this section and, therefore, are not subject to the requirements of this subchapter.

§173.115 Class 2, Divisions 2.1, 2.2, and 2.3—Definitions.

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(e)Liquefied compressed gas. A gas, which when packaged under pressure for transportation is partially liquid at temperatures above −50°C (−58°F), is considered to be a liquefied compressed gas. A liquefied compressed gas is further categorized as follows:

§173.185 Lithium cells and batteries.

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(c)(3)Lithium battery mark. Each package must display the lithium battery mark except when a package contains button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment.

§173.301 General requirements for shipment of compressed gases and other hazardous materials in cylinders, UN pressure receptacles and spherical pressure vessels.

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(i)(2) Seamless DOT specification cylinders longer than 2 m (6.5 feet) are authorized for transportation only when horizontally mounted on a motor vehicle or in an ISO framework or other framework of equivalent structural integrity in accordance with CGA TB–25 (IBR, see §171.7 of this subchapter). The pressure relief device must be arranged to discharge unobstructed to the open air. In addition, for Division 2.1 (flammable gas) material, the pressure relief devices must be arranged to discharge upward to prevent any escaping gas from contacting personnel or any adjacent cylinders.

§173.302a Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders.

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(c)Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders containing Division 2.1 gases. Except for transportation by aircraft, a DOT specification 3A, 3AX, 3AA, and 3AAX cylinder may be filled with hydrogen and mixtures of hydrogen with helium, argon or nitrogen, to a pressure 10% in excess of its marked service pressure subject to the following conditions:

(1) The cylinder must conform to the requirements of paragraph (b)(2) and (b)(3) of this section;

(2) The cylinder was manufactured after December 31, 1945;

(3) DOT specification 3A and 3AX cylinders are limited to those having an intermediate manganese composition.

(i) Cylinders manufactured with intermediate manganese steel must have been normalized, not quench and tempered. Quench and temper treatment of intermediate steel is not authorized.

(ii) Cylinders manufactured with chrome moly steel must have been quenched and tempered, not normalized. Use of normalized chrome moly steel cylinders is not permitted.

(4) Cylinders must be equipped with pressure relief devices as follows:

(i) Cylinders less than 1.7 m (65 inches) in length must be equipped with fusible metal backed frangible disc devices;

(ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm (9.63 inches) in diameter or larger must be equipped with fusible metal backed frangible disc devices or frangible disc devices, except as provided in paragraph (c)(4)(iii) of this section. Cylinders with a diameter of 0.56 m (22 inches) or larger must be equipped with frangible disc devices except as provided in paragraph (c)(4)(iii) of this section.

(iii) Cylinders greater than 3.66 m (144 inches) in length that are horizontally mounted on a motor vehicle, in an ISO framework, or other framework of equivalent structural integrity are not required to be equipped with pressure relief devices. If such devices are installed, they must be selected in accordance with §173.301(f).

§178.601 General requirements.

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(g)(8)Approval of selective testing. In addition to the provisions of §178.601(g)(1) through (g)(6) of this subpart, the Associate Administrator may approve the selective testing of packagings that differ only in minor respects from a tested type.

§180.205 General requirements for requalification of specification cylinders.

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(d)Conditions requiring test and inspection of cylinders. Without regard to any other periodic requalification requirements, a cylinder must be tested and inspected in accordance with this section prior to further use if—

(1) The cylinder shows evidence of dents, corrosion, cracked or abraded areas, leakage, or any other condition that might render it unsafe for use in transportation;

(2) The cylinder has been in an accident and has been damaged to an extent that may adversely affect its lading retention capability;

(3) The cylinder shows evidence of or is known to have thermal damage, or have been over-heated;

(4) Except in association with an authorized repair, evidence of removal of wall thickness via grinding, sanding or other means; or

(5) The Associate Administrator determines that the cylinder may be in an unsafe condition.

(e)Cylinders containing Class 8 (corrosive) liquids. A cylinder previously containing a Class 8 (corrosive) liquid may not be used to transport a Class 2 material in commerce unless the cylinder is—

(1) Visually inspected, internally and externally, in accordance with paragraph (f) of this section and the inspection is recorded as prescribed in §180.215;

(2) Requalified in accordance with this section, regardless of the date of the previous requalification;

(3) Marked in accordance with §180.213; and

(4) Decontaminated to remove all significant residue or impregnation of the Class 8 material.

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(e)(2) Requalified in accordance with this section, regardless of the date of the previous requalification;

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(f)Visual inspection. Except as otherwise provided in this subpart, each time a cylinder is pressure tested, it must be given an internal and external visual inspection.

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(i)(i) (1) Except as provided in paragraphs (h)(3) and (h)(4) of this section, a cylinder that is rejected may not be marked as meeting the requirements of this section.

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(j)(2)(i)(C) As an alternative to the stamping or labeling as described in this paragraph (i)(2), at the direction of the owner, the requalifier may render the cylinder incapable of holding pressure; and

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(j)(3) No person may remove, obliterate, or alter the required condemnation communication of paragraph (i)(2) of this section.

§180.207 Requirements for requalification of UN pressure receptacles.

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(d)(1)Seamless steel: Each seamless steel UN pressure receptacle, including pressure receptacles exceeding 150 L capacity installed in MEGCs or in other service, must be requalified in accordance with ISO 6406:2005(E) (IBR, see § 171.7 of this subchapter). However, UN cylinders with a tensile strength greater than or equal to 950 MPa must be requalified by ultrasonic examination in accordance with ISO 6406:2005(E). For seamless steel cylinders and tubes, the internal inspection and hydraulic pressure test may be replaced by a procedure conforming to ISO 16148:2016(E) (IBR, see §171.1).

§180.209 Requirements for requalification of specification cylinders.

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(d)Cylinders 5.44 kg (12 lb) or less with service pressures of 300 psig or less. A cylinder of 5.44 (12 lb) or less water capacity authorized for service pressure of 300 psig or less must be given a complete external visual inspection at the time periodic requalification becomes due. External visual inspection must be in accordance with CGA Pamphlet C-6 or C-6.1 (IBR, see §171.7 of this subchapter). The cylinder may be proof pressure tested. The test is successful if the cylinder, when examined under test pressure, does not display a defect described in §180.205(i)(1) (ii) or (iii). Upon successful completion of the test and inspection, the cylinder must be marked in accordance with §180.213.

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(m)DOT-3AL cylinders manufactured of 6351-T6 aluminum alloy. In addition to the periodic requalification and marking described in §180.205, each cylinder manufactured of aluminum alloy 6351-T6 used in self-contained underwater breathing apparatus (SCUBA), self-contained breathing apparatus (SCBA), or oxygen service must be requalified and inspected for sustained load cracking in accordance with the non-destructive examination method described in the following table. Each cylinder with sustained load cracking that has expanded into the neck threads must be condemned in accordance with §180.205(i). This provision does not apply to cylinders used for carbon dioxide, fire extinguisher or other industrial gas service.

Requalification and inspection of DOT-3AL cylinders made of aluminum alloy 6351-T6

§180.212 Repair of seamless DOT 3-series specification cylinders and seamless UN pressure receptacles.

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(b)(2) External re-threading of DOT 3AX, 3AAX or 3T specification cylinders or a UN pressure receptacle mounted in a MEGC; or the internal re-threading of a DOT-3 series cylinder or a seamless UN pressure receptacle when performed by a cylinder manufacturer of these types of cylinders. The repair work must be performed under the supervision of an independent inspection agency. Upon completion of the re-threading, the threads must be gauged in accordance with Federal Standard H-28 or an equivalent standard containing the same specification limits. The re-threaded cylinder must be stamped clearly andlegibly with the words ‘‘RETHREAD’’ on the shoulder, top head, or neck. No DOT specification cylinder or UN cylinder may be re-threaded more than one time without approval of the Associate Administrator.