[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Rules and Regulations]
[Page 73156-73166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-17]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 106, 107, 110, 171, 172, 173, 174, 175, 176, 177,
178 and 180
[Docket No. PHMSA-2005-22208 (HM-240)]
RIN 2137-AE12
Hazardous Materials: Incorporation of Statutorily Mandated
Revisions to the Hazardous Materials Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises terminology, definitions, and
requirements for consistency with the Hazardous Materials Safety and
Security Reauthorization Act of 2005. These amendments include revising
the definitions of ``hazmat employee'' and ``hazmat employer;''
revision of shipping paper retention requirements; providing a security
plan exception for farmers; adding conditional applicability of postal
laws and regulations; and replacement of ``Exemption'' with ``Special
permit.''
DATES: Effective date: January 9, 2006.
FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite or Kurt
Eichenlaub, Office of Hazardous Materials Standards, (202) 366-8553,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
List of Topics
I. Background
II. Summary of Issues
A. Definitions of ``hazmat employee'' and ``hazmat employer''
B. Revision of shipping paper retention requirements
C. Security plan exception for farmers
D. Applicability of postal laws and regulations
E. Replacement of ``Exemption'' with ``Special permit''
III. Regulatory Analysis
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. Environmental Impact Analysis
I. Regulation Identifier Number (RIN)
I. Background
Section 5103 of the Federal Hazardous Materials Transportation Law
(Federal hazmat law; 49 U.S.C. 5101 et seq.) authorizes the Pipeline
and Hazardous Materials Safety Administration (PHMSA) to prescribe
safety and security regulations for the transportation of hazardous
materials in interstate, intrastate, and foreign commerce. The
Hazardous Materials Safety and Security Reauthorization Act of 2005
(the Act; Title VII of Pub. L. 109-59, 119 Stat. 1144 (August 10,
2005)) amended Federal hazmat law by revising certain terminology,
definitions, and requirements. This final rule revises the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180) and the hazardous
materials program and rulemaking procedures in 49 CFR parts 105, 106
and 107 to be consistent with changes mandated by the Act.
Because these amendments are mandated and self-executing, notice
and public procedure are unnecessary. By making these amendments
effective without the customary 30-day delay following publication, the
changes will appear in the next revision of Title 49, Code of Federal
Regulations.
The following is a summary of the changes made in this final rule.
II. Summary of Issues
The Act mandates revisions to the following provisions of the HMR
and the hazardous materials program and rulemaking procedures:
A. Definitions of ``hazmat employee'' and ``hazmat employer''
B. Revision of shipping paper retention requirements
C. Security plan exception for farmers
D. Applicability of postal laws and regulations
E. Replacement of ``Exemption'' with ``Special permit''
A. Definitions of ``Hazmat Employee'' and ``Hazmat Employer''
We are revising the definitions of ``hazmat employee'' and ``hazmat
employer'' in Sec. 171.8 for consistency with editorial revisions
adopted under the Act. We are revising the definitions of ``hazmat
employee'' and ``hazmat employer'' to specify both of these definitions
include self-employed individuals. Also, both definitions are revised
to include persons that represent, mark, certify, or sell packaging
components as qualified for use in transporting hazardous materials in
commerce. In addition, the Act amends Sec. 5107 of Federal hazmat law
to mandate general awareness and safety training pursuant to Sec.
172.704 of the HMR for railroad maintenance-of-way employees and
railroad signalmen. Therefore, we are also revising the definition of
``hazmat employee'' to include railroad maintenance-of-way employees
and railroad signalmen. To provide rail carriers with sufficient time
to implement the new training requirements, we are requiring initial
training for maintenance-of-way employees and railroad signalmen to be
completed by October 1, 2006.
Section 172.704 requires each hazmat employee to receive general
awareness/familiarization training, function-specific training, safety
training, and security awareness training. Function-specific training
is not necessary for railroad maintenance-of-way employees and railroad
signalmen who do not perform functions specifically regulated under the
HMR. Thus, we are revising Sec. 172.704(e) to provide an exception
from function-specific training for such railroad maintenance-of-way
employees and railroad signalmen. We are also excepting railroad
maintenance-of-way employees and railroad signalmen from the
requirement in Sec. 172.704(a)(4) for security awareness training
because such training is not mandated under the Act. However, we may
consider requiring such training for railroad maintenance-of-way
employees and railroad signalmen in a future rulemaking.
B. Revision of Shipping Paper Retention Requirements
Under the HMR, each person who provides a shipping paper must
retain a copy of the shipping paper for 375 days after the hazardous
material is accepted by the initial carrier. Each carrier must
[[Page 73157]]
also retain a copy of the shipping paper for 375 days. The Act amends
Sec. 5110 of Federal hazmat law to require shippers to retain a copy
of a shipping paper for a period of two years after the shipping paper
is provided to a carrier and to require carriers to retain a copy of a
shipping paper for a period of one year after the date the shipping
paper is received from the shipper. Therefore, we are revising
Sec. Sec. 172.201(e), 174.24, 175.30, 176.24, and 177.817 of the HMR
to incorporate the shipping paper retention requirements in the Act.
For purposes of shipping paper retention, a year is calculated from the
exact date the shipping paper is provided to the initial carrier until
the same date the following year. For example, a carrier who receives a
shipping paper on October 1, 2006, must retain a copy of the shipping
paper through September 30, 2007. Shippers and carriers of a hazardous
waste must continue to retain a shipping paper for 3 years after the
material is accepted by the initial carrier.
C. Security Plan Exception for Farmers
The Act exempts certain agricultural operations from the
requirement in subpart I of part 172 of the HMR for persons who offer
for transportation or transport certain hazardous materials in commerce
to develop and implement security plans. Therefore, we are adding a new
paragraph (c) to Sec. 172.800 to provide an exemption from the
security plan requirements for farmers who generate less than $500,000
annually in gross receipts from the sale of agricultural commodities
and products; transport hazardous materials in direct support of their
farming operations; and transport hazardous materials by highway or
rail within 150-mile radius of their farming operations.
D. Applicability to Postal Laws and Regulations
The Act amends Sec. 5126(b) of Federal hazmat law with respect to
its applicability to postal laws and regulations. Consistent with the
Act, we are revising Sec. 171.1(d)(7) of the HMR to clarify the HMR do
not apply to any matter subject to the postal laws and regulations of
the United States, except in the case of an ``imminent hazard.''
``Imminent hazard'' is defined in the Act as the ``existence of a
condition relating to hazardous material that presents a substantial
likelihood that death, serious illness, severe personal injury, or a
substantial endangerment to health, property, or the environment may
occur before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness, injury, or
endangerment.''
E. Replacement of ``Exemption'' With ``Special Permit''
The Act amends section 5117 of Federal hazmat law to change the
term ``exemption'' to ``special permit'' and provides for an initial
effective period of two years and renewals of up to four years. In this
final rule we are replacing most of the appearances of the word
``exemption'' with ``special permit.'' This amendment will apply to
various forms of ``exemption,'' such as plural, singular, e-mail
addresses, and mailing addresses.
In addition, we are making the following revisions to the HMR:
--Current exemptions will be effective until they expire, are
terminated, or become due for renewal. Current exemptions will be
replaced by special permits at the time when a renewal application is
submitted and approved by the Associate Administrator.
--Packagings and shipping papers prepared in accordance with a new
special permit issued on or after October 1, 2005 must be marked with
``DOT-SP'' and the appropriate special permit number, unless otherwise
specified by the special permit.
--Packagings and shipping papers previously marked ``DOT-E'' in
accordance with a current exemption generally may continue in use so
long as the provisions in the exemption remain valid. Continued use of
pre-printed shipping papers and ``DOT-E'' markings on packagings will
be evaluated on a case-by-case basis when current exemptions become due
for renewal.
--An initial special permit will be valid for up to two years before it
expires or becomes due for renewal. For the purposes of a party to a
special permit, a new applicant is considered to be a ``new'' holder
for assigning an expiration date. If renewed, a special permit will be
valid for up to four years before the next renewal.
--The Office of Hazardous Materials Exemptions and Approvals (OHMEA) is
renamed the Office of Hazardous Materials Special Permits and Approvals
(OHMSPA).
--The e-mail address for OHMSPA is revised from Exemptions@rspa.dot.gov
to Specialpermits@dot.gov.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce. The amendments in this final rule are being
adopted for consistency with the Hazardous Materials Safety and
Security Reauthorization Act of 2005.
B. 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 rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).
The cost impact of the changes effected by this final rule is
expected to be minimal. The major cost impact will be incurred by rail
carriers to comply with the new requirements for providing general
awareness and safety training to maintenance-of-way employees and
railroad signalmen. We estimate approximately 7,000 rail employees will
be affected. Because rail carriers already are required to provide this
training to hazmat employees, carriers will not incur costs to develop
the training. Thus, total training costs will be those associated with
time lost from work for the training. We estimate the training will
require 3 hours to complete; therefore, using an average employment
cost of $22.00/hour, total training costs for the first year will be
7,000 employees x $22.00/hour x 3 hours or $462,000. Hazmat employees
must receive recurrent training every three years; thus, for subsequent
years, rail carriers will incur a total of $154,000 in annual costs to
train maintenance-of-way employees and railroad signalmen.
This final rule will result in reduced costs for persons who apply
to renew special permits because a special permit may now be renewed
for four years rather than two years as is currently the case.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132
[[Page 73158]]
(``Federalism''). This final rule does not adopt any regulation that:
(1) 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; (2)
imposes substantial direct compliance costs on State and local
governments; or (3) preempts state law. Therefore, preparation of a
federalism assessment is not warranted.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify this final rule will not have a significant economic
impact on a substantial number of small entities. This rule amends the
HMR for consistency with the Hazardous Materials Safety and Security
Reauthorization Act of 2005. The cost impacts of this rule are expected
to be minimal. As noted above, the major cost impact will be incurred
by rail carriers to comply with the new requirements for providing
general awareness and safety training to maintenance-of-way employees
and railroad signalmen. We estimate first year compliance costs will
total $462,000, with subsequent year annual costs at $154,000. This
final rule will result in reduced costs for persons who apply to renew
special permits because a special permit may now be renewed for four
years rather than two years as is currently the case.
F. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $120.7
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.
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. 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.
List of Subjects
49 CFR Part 105
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation, Special permits.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Special permits.
49 CFR Part 110
Disaster assistance, Education, Grant programs--environmental
protection, Grant programs--Indians, Hazardous materials
transportation, Hazardous substances, Indians, Reporting and
recordkeeping requirements.
49 CFR Part 171
Applicability, Hazardous materials transportation, Reporting and
recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Markings, Packaging
and containers, Reporting and recordkeeping requirements, Special
permits.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Reporting and recordkeeping requirements, Special permits.
49 CFR Part 174
Hazardous materials transportation, Rail carriers, Reporting and
recordkeeping requirements.
49 CFR Part 175
Hazardous materials transportation, Air carriers, Reporting and
recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Reporting
and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Reporting and
recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements, Special
permits.
In consideration of the foregoing, amend 49 CFR Chapter I as
follows:
PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL
PROCEDURES
0
1. The authority citation for part 105 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
2. In Sec. 105.5, make the following changes:
0
a. In paragraph (b), revise paragraph (2) of the definition for
``Competent Authority Approval''; and
0
b. In paragraph (b), remove the definition for ``Exemption'' and add a
definition for ``Special permit'' in appropriate alphabetical order.
The revisions read as follows:
Sec. 105.5 Definitions.
* * * * *
(b) * * *
* * * * *
Competent Authority Approval means * * *
(2) A special permit or approval issued under subchapter A or C of
this chapter.
* * * * *
Special permit means a document issued by the Associate
Administrator under the authority of 49 U.S.C. 5117 permitting a person
to perform a function that is not otherwise permitted under subchapter
A or C of this chapter, or other regulations issued under 49 U.S.C.
5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements).
The terms ``special permit'' and
[[Page 73159]]
``exemption'' have the same meaning for purposes of subchapter A or C
of this chapter or other regulations issued under 49 U.S.C. 5101
through 5127. An exemption issued prior to October 1, 2005 remains
valid until it is past its expiration date, terminated by the Associate
Administrator, or is issued as a special permit, whichever occurs
first.
* * * * *
Sec. 105.15 [Amended]
0
3. In Sec. 105.15, remove the term ``Exemption'' and add the term
``Special permit'' in alphabetical order.
0
4. In Sec. 105.25, revise paragraphs (a)(2) and (b)(2)(iv) to read as
follows:
Sec. 105.25 Reviewing public documents.
* * * * *
(a) * * *
(2) Applications for special permits numbered DOT-E or DOT-SP 11832
and above. Also available are supporting data, memoranda of any
informal meetings with applicants, related Federal Register notices,
public comments, and decisions granting or denying applications for
special permits.
* * * * *
(b) * * *
(2) * * *
(iv) Applications for special permits numbered below DOT-E or DOT-
SP 11832 and related background information are available for public
review and copying at the Office of Hazardous Materials Safety, Office
of Hazardous Materials Special Permits and Approvals, U.S. Department
of Transportation, Room 8100, 400 7th Street, SW., Washington, DC
20590-0001.
* * * * *
Sec. 105.30 [Amended]
0
5. In Sec. 105.30, in the introductory text, remove the term
``exemption'' and add the term ``special permit'' in its place.
0
6. In Sec. 105.40, revise paragraph (d) to read as follows:
Sec. 105.40 Designated agents for non-residents.
* * * * *
(d) Address. Send your designation to: Office of Hazardous
Materials Special Permits and Approvals, Pipeline and Hazardous
Materials Safety Administration, Attn: PHH-30, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
* * * * *
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
7. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
PART 107--[NOMENCLATURE CHANGE]
0
8. In part 107, remove the term ``exemption'' and add the term
``special permit'' in its place in each place it appears, as follows:
0
a. Section 107.117(e);
0
b. Section 107.117(g) in two places;
0
c. Section 107.305(a);
0
d. Section 107.309(a);
0
e. Section 107.311(a);
0
f. Section 107.311(b)(1);
0
g. Section 107.335;
0
h. Section 107.337;
0
i. Appendix A to Subpart D, Part IV. F.;
0
j. Section 107.402(b)(3);
0
k. Section 107.503(a)(6);
0
l. Section 107.801(a)(3);
0
m. Section 107.807(a); and
0
n. Section 107.807(b)(2).
0
9. In part 107, remove the term ``exemptions'' and add the term
``special permits'' in its place in each place it appears, as follows:
0
a. Subpart B heading;
0
b. Section 107.101; and
0
c. Appendix A to subpart D, part IV. F. in the heading and text.
0
10. In part 107, remove the phrase ``an exemption'' and add the phrase
``a special permit'' in its place in each place it appears, as follows:
0
a. Section 107.329(a);
0
b. Section 107.329(b);
0
c. Section 107.501(a);
0
d. Section 107.502(b);
0
e. Section 107.801(a)(2); and
0
f. Section 107.803(c)(3).
0
11. In Sec. 107.1, revise the definitions for ``Applicant,''
``Application,'' ``Competent Authority Approval,'' ``Holder,'' and
``Party''; remove the definitions for ``Exemption'' and ``Manufacturer
exemption''; and add a definition for ``Special permit'' and
``Manufacturing special permit'' in the appropriate alphabetical order,
to read as follows:
Section 107.1 Definitions
* * * * *
Applicant means the person in whose name a special permit,
approval, registration, a renewed or modified special permit or
approval, or party status to a special permit is requested to be
issued.
Application means a request under subpart B of this part for a
special permit, a renewal or modification of a special permit, party
status to a special permit, or a request under subpart H of this part
for an approval, or renewal or modification of an approval.
* * * * *
Competent Authority Approval means an approval by the competent
authority that is required under an international standard (for
example, the ICAO Technical Instructions for the Safe Transport of
Dangerous Goods by Air and the International Maritime Dangerous Goods
Code). Any of the following may be considered a competent authority
approval if it satisfies the requirement of an international standard:
(1) A specific regulation in subchapter A or C of this chapter.
(2) A special permit or approval issued under subchapter A or C of
this chapter.
(3) A separate document issued to one or more persons by the
Associate Administrator.
* * * * *
Holder means the person in whose name a special permit or approval
has been issued.
* * * * *
Manufacturing special permit means a special permit from compliance
with specified requirements that otherwise must be met before
representing, marking, certifying (including requalifying, inspecting,
and testing), selling or offering a packaging or container as meeting
the requirements of subchapter C of this chapter governing its use in
the transportation in commerce of a hazardous material. A manufacturing
special permit is a special permit issued to a manufacturer of
packagings who does not offer for transportation or transport hazardous
materials in packagings subject to the special permit.
Party means a person, other than a holder, authorized to act under
the terms of a special permit.
* * * * *
Special permit means a document issued by the Associate
Administrator under the authority of 49 U.S.C. 5117 permitting a person
to perform a function that is not otherwise permitted under subchapter
A or C of this chapter, or other regulations issued under 49 U.S.C.
5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements).
The terms ``special permit'' and ``exemption'' have the same meaning
for purposes of subchapter A or C of this chapter or other regulations
issued under 49 U.S.C. 5101 through 5127. An
[[Page 73160]]
exemption issued prior to October 1, 2005 remains valid until it is
past its expiration date, terminated by the Associate Administrator, or
is issued as a special permit, whichever occurs first.
* * * * *
0
12. In Sec. 107.105, revise the section heading and paragraphs (a)(1),
(a)(4), (c), and (d) to read as follows:
Sec. 107.105 Application for special permit.
(a) * * *
(1) Be submitted for timely consideration, at least 120 days before
the requested effective date, in duplicate to: Associate Administrator
for Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, the application with any attached supporting
documentation submitted in an appropriate format may be sent by
facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic
mail (e-mail) to: Specialpermits@dot.gov;
* * * * *
(4) For a manufacturing special permit, a statement of the name and
street address of each facility where manufacturing under the special
permit will occur.
* * * * *
(c) Description of special permit proposal. The application must
include the following information that is relevant to the special
permit proposal:
(1) A citation of the specific regulation from which the applicant
seeks relief;
(2) Specification of the proposed mode or modes of transportation;
(3) A detailed description of the proposed special permit (e.g.,
alternative packaging, test, procedure or activity) including, as
appropriate, written descriptions, drawings, flow charts, plans and
other supporting documents;
(4) A specification of the proposed duration or schedule of events
for which the special permit is sought;
(5) A statement outlining the applicant's basis for seeking relief
from compliance with the specified regulations and, if the special
permit is requested for a fixed period, a description of how compliance
will be achieved at the end of that period;
(6) If the applicant seeks emergency processing specified in Sec.
107.117, a statement of supporting facts and reasons;
(7) Identification and description of the hazardous materials
planned for transportation under the special permit;
(8) Description of each packaging, including specification or
special permit number, as applicable, to be used in conjunction with
the requested special permit;
(9) For alternative packagings, documentation of quality assurance
controls, package design, manufacture, performance test criteria, in-
service performance and service-life limitations.
(10) When a Class 1 material is forbidden for transportation by
aircraft except under a special permit (see Columns 9A and 9B in the
table in 49 CFR 172.101), an applicant for a special permit to
transport such Class 1 material on passenger-carrying or cargo-only
aircraft with a maximum certificated takeoff weight of less than 12,500
pounds must certify that no person within the categories listed in 18
U.S.C. 842(i) will participate in the transportation of the Class 1
material.
(d) Justification of special permit proposal. The application must
demonstrate that a special permit achieves a level of safety at least
equal to that required by regulation, or if a required safety level
does not exist, is consistent with the public interest. At a minimum,
the application must provide the following:
(1) Information describing all relevant shipping and incident
experience of which the applicant is aware that relates to the
application;
(2) A statement identifying any increased risk to safety or
property that may result if the special permit is granted, and a
description of the measures to be taken to address that risk; and
(3) Either:
(i) Substantiation, with applicable analyses, data or test results,
that the proposed alternative will achieve a level of safety that is at
least equal to that required by the regulation from which the special
permit is sought; or
(ii) If the regulations do not establish a level of safety, an
analysis that identifies each hazard, potential failure mode and the
probability of its occurrence, and how the risks associated with each
hazard and failure mode are controlled for the duration of an activity
or life-cycle of a packaging.
0
13. In Sec. 107.107, revise paragraphs (a), (b)(1), (b)(2), (b)(5),
and (d) to read as follows:
Sec. 107.107 Application for party status.
(a) Any person eligible to apply for a special permit may apply to
be made party to an application or an existing special permit, other
than a manufacturing special permit.
(b) * * *
(1) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, the application with any attached supporting
documentation submitted in an appropriate format may be sent by
facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic
mail (e-mail) to: Specialpermits@dot.gov;
(2) Identify by number the special permit application or special
permit to which the applicant seeks to become a party;
* * * * *
(5) For a Class 1 material that is forbidden for transportation by
aircraft except under a special permit (see Columns 9A and 9B in the
table in 49 CFR 172.101), an applicant for party status to a special
permit to transport such Class 1 material on passenger-carrying or
cargo-only aircraft with a maximum certificated takeoff weight of less
than 12,500 pounds must certify that no person within the categories
listed in 18 U.S.C. 842(i) will participate in the transportation of
the Class 1 material.
* * * * *
(d) A party to a special permit is subject to all terms of that
special permit, including the expiration date. If a party to a special
permit wishes to renew party status, the special permit renewal
procedures set forth in Sec. 107.109 apply.
0
14. Revise Sec. 107.109 to read as follows:
Sec. 107.109 Application for renewal.
(a) Each application for renewal of an exemption or special permit
or party status to an exemption or special permit must:
(1) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, the application with any attached supporting
documentation submitted in an appropriate format may be sent by
facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic
mail (e-mail) to: Specialpermits@dot.gov;
(2) Identify by number the exemption or special permit for which
renewal is requested;
[[Page 73161]]
(3) State the name, street and mailing addresses, e-mail address
optional, and telephone number of the applicant; if the applicant is
not an individual, state the name, street and mailing addresses, e-mail
address optional, and telephone number of an individual designated as
an agent of the applicant for all purposes related to the application;
(4) Include either a certification by the applicant that the
original application, as it may have been updated by any application
for renewal, remains accurate and complete; or include an amendment to
the previously submitted application as is necessary to update and
assure the accuracy and completeness of the application, with
certification by the applicant that the application as amended is
accurate and complete; and
(5) Include a statement describing all relevant shipping and
incident experience of which the applicant is aware in connection with
the exemption or special permit since its issuance or most recent
renewal. If the applicant is aware of no incidents, the applicant shall
so certify. When known to the applicant, the statement should indicate
the approximate number of shipments made or packages shipped, as the
case may be, and number of shipments or packages involved in any loss
of contents, including loss by venting other than as authorized in
subchapter C.
(6) When a Class 1 material is forbidden for transportation by
aircraft, except under an exemption or special permit (see Columns 9A
and 9B in the table in 49 CFR 172.101), an application to renew an
exemption or special permit to transport such Class 1 material on
passenger-carrying or cargo-only aircraft with a maximum certificated
takeoff weight of less than 12,500 pounds must certify that no person
within the categories listed in 18 U.S.C. 842(i) will participate in
the transportation of the Class 1 material.
(b) If at least 60 days before an existing exemption or special
permit expires the holder files an application for renewal that is
complete and conforms to the requirements of this section, the
exemption will not expire until final administrative action on the
application for renewal has been taken.
0
15. In Sec. 107.113, revise paragraphs (a), (b), (f)(2)(i), (f)(5),
(h), and (j) to read as follows:
Sec. 107.113 Application processing and evaluation.
(a) The Associate Administrator reviews an application for special
permit, modification of special permit, party to special permit, or
renewal of an exemption or special permit to determine if it is
complete and conforms with the requirements of this subpart. This
determination will be made within 30 days of receipt of the application
for special permit, modification of special permit, or party to special
permit, and within 15 days of receipt of an application for renewal of
an exemption or special permit. If an application is determined to be
incomplete, the applicant is informed of the reasons.
(b) An application, that is not a renewal, party to, or emergency
special permit application, and is determined to be complete is
docketed. Notice of the application is published in the Federal
Register, and an opportunity for public comment is provided. All
comments received during the comment period are considered before final
action is taken on the application.
* * * * *
(f) * * *
(2) * * *
(i) Is at least equal to that required by the regulation from which
the special permit is sought, or
* * * * *
(5) The applicant is fit to conduct the activity authorized by the
exemption or special permit. This assessment may be based on
information in the application, prior compliance history of the
applicant, and other information available to the Associate
Administrator.
* * * * *
(h) The initial exemption or special permit terminates according to
its terms or, if not otherwise specified, 24 months from the date of
issuance. A subsequent renewal of a special permit terminates according
to its terms or, if not otherwise specified, 48 months after the date
of issuance. A grant of party status to an exemption or special permit,
unless otherwise stated, terminates on the date that the exemption or
special permit expires.
* * * * *
(j) The Associate Administrator publishes in the Federal Register a
list of all special permit grants, denials, and modifications and all
special permit applications withdrawn under this section.
0
16. In Sec. 107.121, revise the section heading and paragraphs (a),
(b), and (c) to read as follows:
Sec. 107.121 Modification, suspension or termination of special
permit or grant of party status.
(a) The Associate Administrator may modify an exemption, a special
permit, or grant of party status on finding that:
(1) Modification is necessary so that the exemption or special
permit reflects current statutes and regulations; or
(2) Modification is required by changed circumstances to meet the
standards of Sec. 107.113(f).
(b) The Associate Administrator may modify, suspend or terminate an
exemption or special permit or grant of party status, as appropriate,
on finding that:
(1) Because of a change in circumstances, the exemption, special
permit, or party status no longer is needed or no longer would be
granted if applied for;
(2) The application contained inaccurate or incomplete information,
and the exemption, special permit, or party status would not have been
granted had the application been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete
information; or
(4) The holder or party knowingly has violated the terms of the
exemption, special permit or an applicable requirement of this chapter,
in a manner demonstrating the holder or party is not fit to conduct the
activity authorized by the exemption or special permit.
(c) Except as provided in paragraph (d) of this section, before an
exemption, special permit, or grant of party status is modified,
suspended or terminated, the Associate Administrator notifies the
holder or party in writing of the proposed action and the reasons for
it, and provides an opportunity to show cause why the proposed action
should not be taken.
(1) The holder or party may file a written response that shows
cause why the proposed action should not be taken within 30 days of
receipt of notice of the proposed action.
(2) After considering the holder's or party's written response, or
after 30 days have passed without response since receipt of the notice,
the Associate Administrator notifies the holder or party in writing of
the final decision with a brief statement of reasons.
* * * * *
0
17. In Sec. 107.123, revise paragraph (a) introductory text to read as
follows:
Sec. 107.123 Reconsideration.
(a) An applicant for special permit, a special permit holder, or an
applicant for party status to an exemption or special permit may
request that the Associate Administrator reconsider a decision under
Sec. 107.113(g), Sec. 107.117(e) or Sec. 107.121(c) of this part.
The request must--
* * * * *
[[Page 73162]]
0
18. In Sec. 107.127, revise paragraph (a) to read as follows:
Sec. 107.127 Availability of documents for public inspection.
(a) Documents related to an application under this subpart,
including the application itself, are available for public inspection,
except as specified in paragraph (b) of this section, at the Office of
the Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration, Office of Hazardous
Materials Special Permits and Approvals, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001, Room
8102. Office hours are 8:30 a.m. to 5 p.m., Monday through Friday,
except Federal holidays when the office is closed. Copies of available
documents may be obtained as provided in part 7 of this title.
Documents numbered 11832 and above may also be viewed at the website
address http://dms.dot.gov.
* * * * *
Sec. 107.227 [Amended]
0
19. In Sec. 107.227, the term ``district court'' is removed and
``court of appeals'' is added in its place.
0
20. In Sec. 107.307, revise paragraph (a) introductory text, and
paragraph (b) to read as follows:
Sec. 107.307 General.
(a) When the Associate Administrator and the Office of Chief
Counsel have reason to believe that a person is knowingly engaging or
has knowingly engaged in conduct which is a violation of the Federal
hazardous material transportation law or any provision of this
subchapter or subchapter C of this chapter, or any exemption, special
permit, or order issued thereunder, for which the Associate
Administrator or the Office of Chief Counsel exercise enforcement
authority, they may--
* * * * *
(b) In the case of a proceeding initiated for failure to comply
with an exemption or special permit, the allegation of a violation of a
term or condition thereof is considered by the Associate Administrator
and the Office of Chief Counsel to constitute an allegation that the
special permit holder or party to the special permit is failing, or has
failed to comply with the underlying regulations from which relief was
granted by the special permit.
Appendix A To Subpart D of Part 107--[Amended]
0
21. In part 107, in Appendix A to subpart D, in the table in section
II, Guidelines for Civil Penalties, remove the term ``exemption'' and
add the term ``exemption or special permit'' each place it appears.
0
22. In Sec. 107.705, revise paragraph (a)(3) to read as follows:
Sec. 107.705 Registrations, reports, and applications for approval.
(a) * * *
(3) If a report is required by an approval, a registration or a
special permit, identify the approval, registration or special permit
number;
* * * * *
0
23. In Sec. 107.805, paragraphs (a), (c)(2), (d), and (f) are revised
to read as follows:
Sec. 107.805 Approval of cylinder requalifiers.
(a) General. A person must meet the requirements of this section to
be approved to inspect, test, certify, repair, or rebuild a cylinder in
accordance with a DOT specification under subpart C of part 178 or
subpart C of part 180 of this chapter or under the terms of a special
permit issued under this part.
* * * * *
(c) * * *
(2) The DOT specification/special permit cylinders that will be
inspected, tested, repaired, or rebuilt at the facility;
* * * * *
(d) Issuance of requalifier identification number (RIN). The
Associate Administrator issues a RIN as evidence of approval to
requalify DOT specification/special permit cylinders if it is
determined, based on the applicant's submission and other available
information, that the applicant's qualifications and, when applicable,
facility are adequate to perform the requested functions in accordance
with the criteria prescribed in subpart C of part 180 of this chapter.
* * * * *
(f) Exceptions. Notwithstanding the requirements in paragraphs (b)
and (c) of this section, a person who only performs inspections in
accordance with Sec. 180.209(g) of this chapter may submit an
application that, in addition to the information prescribed in Sec.
107.705(a), identifies the DOT specification/special permit cylinders
to be inspected; certifies the requalifier will operate in compliance
with the applicable requirements of subchapter C of this chapter;
certifies the persons performing inspections have been trained and have
the information contained in each applicable CGA pamphlet incorporated
by reference in Sec. 171.7 of this chapter applicable to the
requalifiers' activities; and includes the signature of the person
making the certification and the date on which it was signed. Each
person must comply with the applicable requirements in this subpart. In
addition, the procedural requirements in subpart H of this part apply
to the filing, processing and termination of an approval issued under
this subpart. After May 31, 2004, no person may requalify a DOT
specification/special permit cylinder in accordance with Sec.
180.209(g) of this chapter unless that person has been issued a RIN as
provided in paragraph (d) of this section.
* * * * *
PART 110 --HAZARDOUS MATERIALS PUBLIC SECTOR TRANING AND PLANNING
GRANTS
0
24. The authority citation for part 110 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 110.30 [Amended]
0
25. In Sec. 110.30, in paragraphs (b)(2) and (c)(2), the phrase ``two
fiscal years'' is removed and ``five fiscal years'' is added in its
place each place it appears.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
26. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
PART 171--[NOMENCLATURE CHANGE]
0
27. In part 171, remove the phrase ``an exemption'' and add the phrase
``an exemption or special permit'' in its place each place it appears,
as follows:
0
a. Section 171.1(g);
0
b. Section 171.2(b) in two places;
0
c. Section 171.2(c) in two places;
0
d. Section 171.2(e);
0
e. Section 171.2(f); and
0
f. Section 171.2(i) in two places;
0
g. Section 171.2(m) in three places.
0
28. In Sec. 171.1, revise paragraph (d)(7) to read as follows:
Sec. 171.1 Applicability of Hazardous Materials Regulations (HMR) to
persons and functions.
* * * * *
(d) * * *
(7) Any matter subject to the postal laws and regulations of the
United States, except in the case of an imminent hazard.
* * * * *
0
29. In Sec. 171.2, revise paragraphs (g) and (h) to read as follows:
[[Page 73163]]
Sec. 171.2 General requirements.
* * * * *
(g) No person may represent, mark, certify, sell, or offer a
packaging or container as meeting the requirements of this subchapter
governing its use in the transportation of a hazardous material in
commerce unless the packaging or container is manufactured, fabricated,
marked, maintained, reconditioned, repaired, and retested in accordance
with the applicable requirements of this subchapter. No person may
represent, mark, certify, sell, or offer a packaging or container as
meeting the requirements of an exemption, a special permit, approval,
or registration issued under this subchapter or subchapter A of this
chapter unless the packaging or container is manufactured, fabricated,
marked, maintained, reconditioned, repaired, and retested in accordance
with the applicable requirements of the exemption, special permit,
approval, or registration issued under this subchapter or subchapter A
of this chapter. The requirements of this paragraph apply whether or
not the packaging or container is used or to be used for the
transportation of a hazardous material.
(h) The representations, markings, and certifications subject to
the prohibitions of paragraph (g) of this section include:
(1) Specification identifications that include the letters ``ICC'',
``DOT'', ``CTC'', ``MC'', or ``UN'';
(2) Exemption, special permit, approval, and registration numbers
that include the letters ``DOT'', ``EX'', ``M'', or ``R''; and
(3) Test dates associated with specification, registration,
approval, retest, exemption, or special permit markings indicating
compliance with a test or retest requirement of the HMR, or an
exemption, special permit, approval, or registration issued under the
HMR or under subchapter A of this chapter.
* * * * *
0
30. In Sec. 171.6, in paragraph (b)(2), in the table, revise the entry
for OMB control number 2137-0051 to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table
------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control No. Title identified and
described
------------------------------------------------------------------------
* * * * * * *
2137-0051................... Rulemaking and Sec. Sec. 105.30,
Special Permit 105.40, 106.95,
Petitions. 106.110, 107.105,
107.107, 107.109,
107.113, 107.117,
107.121, 107.123,
107.125, 107.205,
107.211, 107.215,
107.217, 107.219,
107.221, 107.223.
* * * * * * *
------------------------------------------------------------------------
0
31. In Sec. 171.8, revise the definitions of ``hazmat employee'' and
``hazmat employer''; remove the definition for ``Exemption''; and add a
definition for ``Special permit'' in the appropriate alphabetical order
to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Hazmat employee means: (1) A person who is:
(i) Employed on a full-time, part time, or temporary basis by a
hazmat employer and who in the course of such full time, part time or
temporary employment directly affects hazardous materials
transportation safety;
(ii) Self-employed (including an owner-operator of a motor vehicle,
vessel, or aircraft) transporting hazardous materials in commerce who
in the course of such self-employment directly affects hazardous
materials transportation safety;
(iii) A railroad signalman; or
(iv) A railroad maintenance-of-way employee.
(2) This term includes an individual, employed on a full time, part
time, or temporary basis by a hazmat employer, or who is self-employed,
who during the course of employment:
(i) Loads, unloads, or handles hazardous materials;
(ii) Designs, manufactures, fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a package, container or packaging
component that is represented, marked, certified, or sold as qualified
for use in transporting hazardous material in commerce.
(iii) Prepares hazardous materials for transportation;
(iv) Is responsible for safety of transporting hazardous materials;
(v) Operates a vehicle used to transport hazardous materials.
Hazmat employer means:
(1) A person who employs or uses at least one hazmat employee on a
full-time, part time, or temporary basis; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs or tests a package, container, or
packaging component that is represented, marked, certified, or sold by
that person as qualified for use in transporting hazardous materials in
commerce;
(2) A person who is self-employed (including an owner-operator of a
motor vehicle, vessel, or aircraft) transporting materials in commerce;
and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs or tests a package, container, or
packaging component that is represented, marked, certified, or sold by
that person as qualified for use in transporting hazardous materials in
commerce; or
(3) A department, agency, or instrumentality of the United States
Government, or an authority of a State, political subdivision of a
State, or an Indian tribe; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs or tests a package, container, or
packaging component that is represented, marked, certified, or sold by
that person as qualified for use in transporting hazardous materials in
commerce.
* * * * *
Special permit means a document issued by the Associate
Administrator under the authority of 49 U.S.C. 5117
[[Page 73164]]
permitting a person to perform a function that is not otherwise
permitted under subchapter A or C of this chapter, or other regulations
issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety
routing requirements). The terms ``special permit'' and ``exemption''
have the same meaning for purposes of subchapter A or C of this chapter
or other regulations issued under 49 U.S.C. 5101 through 5127. An
exemption issued prior to October 1, 2005 remains valid until it is
past its expiration date, terminated by the Associate Administrator, or
issued as a special permit, whichever occurs first.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
32. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.102 [Amended]
0
33. In Sec. 172.102, in paragraph (c)(1), amend special provision 139
to remove the term ``exemption'' and add the term ``special permit'' in
its place.
0
34. In Sec. 172.201, revise paragraph (e) to read as follows:
Sec. 172.201 Preparation and retention of shipping papers.
* * * * *
(e) Retention and Recordkeeping. Each person who provides a
shipping paper must retain a copy of the shipping paper required by
Sec. 172.200(a), or an electronic image thereof, that is accessible at
or through its principal place of business and must make the shipping
paper available, upon request, to an authorized official of a Federal,
State, or local government agency at reasonable times and locations.
For a hazardous waste, the shipping paper copy must be retained for
three years after the material is accepted by the initial carrier. For
all other hazardous materials, the shipping paper must be retained for
two years after the material is accepted by the initial carrier. Each
shipping paper copy must include the date of acceptance by the initial
carrier, except that, for rail, vessel, or air shipments, the date on
the shipment waybill, airbill, or bill of lading may be used in place
of the date of acceptance by the initial carrier. A motor carrier (as
defined in Sec. 390.5 of subchapter B of chapter III of subtitle B)
using a shipping paper without change for multiple shipments of one or
more hazardous materials having the same shipping name and
identification number may retain a single copy of the shipping paper,
instead of a copy for each shipment made, if the carrier also retains a
record of each shipment made, to include shipping name, identification
number, quantity transported, and date of shipment.
0
35. In Sec. 172.203, revise paragraph (a) to read as follows:
Sec. 172.203 Additional description requirements.
(a) Special permits. Except as provided in Sec. 173.23 of this
subchapter, each shipping paper issued in connection with a shipment
made under a special permit must bear the notation ``DOT-SP'' followed
by the special permit number assigned and located so that the notation
is clearly associated with the description to which the special permit
applies. Each shipping paper issued in connection with a shipment made
under an exemption or special permit issued prior to October 1, 2007,
may bear the notation ``DOT-E'' followed by the number assigned and so
located that the notation is clearly associated with the description to
which it applies.
* * * * *
0
36. In Sec. 172.301, revise paragraph (c) to read as follows:
Sec. 172.301 General marking requirements for non-bulk packagings.
* * * * *
(c) Special permit packagings. Except as provided in Sec. 173.23
of this subchapter, the outside of each package authorized by a special
permit must be plainly and durably marked ``DOT-SP'' followed by the
special permit number assigned. Packages authorized by an exemption
issued prior to October 1, 2007, may be plainly and durably marked
``DOT-E'' in lieu of ``DOT-SP'' followed by the number assigned as
specified in the most recent version of that exemption.
* * * * *
0
37. In Sec. 172.302, revise paragraph (c) to read as follows:
Sec. 172.302 General marking requirements for bulk packagings.
* * * * *
(c) Special permit packagings. Except as provided in Sec. 173.23
of this subchapter, the outside of each package used under the terms of
a special permit must be plainly and durably marked ``DOT-SP'' followed
by the special permit number assigned. Packages authorized by an
exemption issued prior to October 1, 2007 may be plainly and durably
marked ``DOT-E'' in lieu of ``DOT-SP'' followed by the number assigned
as specified in the most recent version of that exemption.
* * * * *
0
38. In Sec. 172.704, revise paragraphs (a)(2)(i) and (e) to read as
follows:
Sec. 172.704 Training requirements.
(a) * * *
(2) * * *
(i) Each hazmat employee must be provided function-specific
training concerning requirements of this subchapter, or exemptions or
special permits issued under subchapter A of this chapter, that are
specifically applicable to the functions the employee performs.
* * * * *
(e) Limitations. The following limitations apply:
(1) A hazmat employee who repairs, modifies, reconditions, or tests
packagings, as qualified for use in the transportation of hazardous
materials, and who does not perform any other function subject to the
requirements of this subchapter, is not subject to the training
requirement of paragraph (a)(3) of this section.
(2) A railroad maintenance-of-way employee or railroad signalman,
who does not perform any function subject to the requirements of this
subchapter, is not subject to the training requirements of paragraphs
(a)(2), (a)(4), or (a)(5) of this section. Initial training for a
railroad maintenance-of-way employee or railroad signalman in
accordance with this section must be completed by October 1, 2006.
0
39. In Sec. 172.800, add a new paragraph (c) to read as follows:
Sec. 172.800 Purpose and applicability.
* * * * *
(c) Exceptions. Transportation activities of a farmer, who
generates less than $500,000 annually in gross receipts from the sale
of agricultural commodities or products, are not subject to this
subpart if such activities are:
(1) Conducted by highway or rail;
(2) In direct support of their farming operations; and
(3) Conducted within a 150-mile radius of those operations.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
40. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
[[Page 73165]]
0
41. In Sec. 173.5, add a new paragraph (f) to read as follows:
Sec. 173.5 Agricultural operations.
* * * * *
(f) See Sec. 172.800(b) pertaining to security plans.
0
42. In Sec. 173.22, revise paragraphs (a)(2)(v), (a)(3)(i), and
(a)(3)(ii) to read as follows:
Sec. 173.22 Shippers responsibility.
(a) * * *
(2) * * *
(v) An exemption or special permit issued under subchapter A of
this chapter.
(3) * * *
(i) Except for the marking on the bottom of a metal or plastic drum
with a capacity over 100 L which has been reconditioned, remanufactured
or otherwise converted, the manufacturer's certification,
specification, approval, or exemption or special permit marking (see
Sec. Sec. 178.2 and 179.1 of this subchapter); or
(ii) With respect to cargo tanks provided by a carrier, the
manufacturer's identification plate or a written certification of
specification or exemption or special permit provided by the carrier.
* * * * *
0
43. Revise Sec. 173.22a to read as follows:
Sec. 173.22a Use of packagings authorized under special permits.
(a) Except as provided in paragraph (b) of this section, no person
may offer a hazardous material for transportation in a packaging the
use of which is dependent upon an exemption or special permit issued
under subpart B of part 107 of this title, unless that person is the
holder of or a party to the exemption or special permit.
(b) If an exemption or special permit authorizes the use of a
packaging for the transportation of a hazardous material by any person
or class of persons other than or in addition to the holder of the
exemption or special permit, that person or a member of that class of
persons may use the packaging for the purposes authorized in the
exemption or special permit subject to the terms specified therein.
Copies of exemptions and special permits may be obtained by accessing
the Hazardous Materials Safety Web site at http://hazmat.dot.gov/specialpermits_index.htm
or by writing to the Associate Administrator
for Hazardous Materials Safety, U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590-0001, Attention: Records
Center.
(c) When an exemption or special permit issued to a person who
offers a hazardous material contains requirements that apply to a
carrier of the hazardous material, the offeror shall furnish a copy of
the current exemption or special permit to the carrier before or at the
time a shipment is tendered.
0
44. In Sec. 173.23, a new paragraph (h) is added to read as follows:
Sec. 173.23 Previously authorized packaging.
* * * * *
(h) An exemption packaging or shipping paper that is permanently
marked ``DOT-E'' prior to October 1, 2007, may continue in use as long
as the exemption or special permit remains valid, unless otherwise
specified in the exemption or special permit.
Sec. 173.124 [Amended]
0
45. In Sec. 173.124, amend paragraph (a)(1)(ii)(A) to replace the
phrase ``An exemption'' with the phrase ``A special permit.''
46. In Sec. 173.301, revise paragraph (j) and paragraph (l)
introductory text to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical vessels.
* * * * *
(j) Non-specification cylinders in domestic use. Except as provided
in paragraphs (k) and (l) of this section, a filled non-DOT
specification cylinder, other than a DOT exemption or special permit
cylinder or a cylinder used as a fire extinguisher in conformance with
Sec. 173.309, may not be offered for transportation or transported to,
from, or within the United States.
* * * * *
(l) Filling of foreign cylinders for export. A cylinder not
manufactured, inspected, tested and marked in accordance with part 178
of this subchapter, or a cylinder manufactured to other than a DOT
specification or exemption or special permit, may be filled with a gas
in the United States and offered for transportation and transported for
export, if the following conditions are met:
* * * * *
0
47. In Sec. 173.403, in the definition for ``Exemption Value,'' the
last sentence is revised to read as follows:
Sec. 173.403 Definitions.
* * * * *
Exemption value * * * An exemption value is different from an
exemption, as specified under the definition for special permit in
Sec. 171.8 of this subchapter.
* * * * *
PART 174--CARRIAGE BY RAIL
0
48. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.24 [Amended]
0
49. In Sec. 174.24, in paragraph (b), remove the phrase ``375 days''
and add the phrase ``one year'' in its place.
PART 175--CARRIAGE BY AIRCRAFT
0
50. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.30 [Amended]
0
51. In Sec. 175.30, in paragraph (a)(2), remove the phrase ``375
days'' and add the phrase ``one year'' in its place.
Sec. 175.33 [Amended]
0
52. In Sec. 175.33, in paragraph (a)(10) remove the phrase ``an
exemption'' and add the phrase ``a special permit'' in its place.
PART 176--CARRIAGE BY VESSEL
0
53. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.24 [Amended]
0
54. In Sec. 176.24, in paragraph (b), remove the phrase ``375 days''
and add the phrase ``one year'' in its place.
0
55. Section 176.31 is revised to read as follows:
Sec. 176.31 Special permits.
If a hazardous material is being transported by vessel under the
authority of an exemption or special permit and a copy of the exemption
or special permit is required to be on board the vessel, it must be
kept with the dangerous cargo manifest.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
56. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 177.817 [Amended]
0
57. In Sec. 177.817, in paragraph (f), remove the phrase ``375 days''
and add the phrase ``one year'' in its place.
[[Page 73166]]
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
58. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.3 [Amended]
0
59. In Sec. 178.3, in paragraph (d) remove the word ``exemption'' and
add the word ``special permit'' in its place in two places.
PART 179--SPECIFICATIONS FOR TANK CARS
0
60. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
PART 179--[NOMENCLATURE CHANGE]
0
61. In part 179, remove the phrase ``an exemption'' and add the phrase
``a special permit'' in its place each place it appears, as follows:
0
a. Section 179.3(c); and
0
b. Section 179.4(a).
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
62. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 180--[NOMENCLATURE CHANGE]
0
63. In part 180, remove the term ``exemption'' and add the term
``special permit'' in its place each place it appears, as follows:
0
a. Section 180.3(b)(2);
0
b. Section 180.201;
0
c. Section 180.205(b);
0
d. Section 180.205(c) introductory text in two places;
0
e. Section 180.205(f)(1);
0
f. Section 180.205(f)(4);
0
g. Section 180.205(h)(4)(iii);
0
h. Section 180.205(i)(1)(vii) in three places;
0
i. Section 180.205(i)(1)(viii); and
0
j. Section 180.213(f) introductory text.
0
64. In part 180, remove the phrase ``an exemption'' and add the phrase
``a special permit'' in its place each place it appears, as follows:
0
a. Section 180.3(a);
0
b. Section 180.3(b)(3); and
0
c. Section 180.205(i)(1)(iv).
0
65. In Sec. 180.209, in paragraph (a)(1), in ``Table 1--
Requalification of Cylinders'', the entry for ``exemption cylinder'' is
revised to read as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
(a) * * *
(1) * * *
Table 1.--Requalification of Cylinders \1\
------------------------------------------------------------------------
Specification under which Minimum test Requalification
cylinder was made pressure (psig) \2\ (years)
------------------------------------------------------------------------
* * * * * * *
Exemption or special permit See current See current
cylinder. exemption or exemption or
special permit. special permit
* * * * * * *
------------------------------------------------------------------------
Sec. 180.215 [Amended]
0
66. Section 180.215 is amended in paragraphs (a)(5), (b) introductory
text, and (b)(2), by removing the term ``exemption'' and adding the
term ``special permit'' each place it appears.
Issued in Washington, DC, on December 1, 2005, under authority
delegated in 49 CFR part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 05-23754 Filed 12-8-05; 8:45 am]
BILLING CODE 4910-60-P