Notice2024-14175
Hazardous Materials: Request for Feedback on De Minimis Quantities of Explosives
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2024
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is publishing this notice to solicit information from hazardous materials (HAZMAT) shippers pertaining to what small quantities or low concentrations of explosives they offer for transport appear to present a low risk to life, property, and the environment.
Full Text
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<title>Federal Register, Volume 89 Issue 125 (Friday, June 28, 2024)</title>
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[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54157-54160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14175]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2023-0108, (Notice No. 2023-13)]
Hazardous Materials: Request for Feedback on De Minimis
Quantities of Explosives
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
[[Page 54158]]
ACTION: Notice; request for information.
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SUMMARY: PHMSA is publishing this notice to solicit information from
hazardous materials (HAZMAT) shippers pertaining to what small
quantities or low concentrations of explosives they offer for transport
appear to present a low risk to life, property, and the environment.
DATES: Interested parties are invited to submit comments on or before
September 26, 2024. Comments received after that date will be
considered to the extent possible.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2023-0108 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Docket Management System; Room W12-140 on
the ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
Docket Number [PHMSA-2023-0108] for this notice. To avoid duplication,
please use only one of these four methods. All comments received will
be posted without change to the Federal Docket Management System (FDMS)
and will include any personal information you provide.
Docket: For access to the dockets to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public. DOT posts these comments, without edit,
including any personal information the commenter provides, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
Confidential Business Information (CBI): CBI is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this notice, it is
important that you clearly designate the submitted comments as ``CBI.''
Please mark each page of your submission containing CBI as ``PROPIN.''
Submissions containing CBI should be sent to Michael Klem, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any commentary PHMSA receives that is not specifically designated as
CBI will be placed in the public docket for this notice.
FOR FURTHER INFORMATION CONTACT: Andrew Leyder, Office of Hazardous
Materials Safety, Research, Development & Technology, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
by phone at 202-360-0664, or by email at <a href="/cdn-cgi/l/email-protection#2849464c5a4d5f06444d514c4d5a684c475c064f475e"><span class="__cf_email__" data-cfemail="54353a302631237a38312d30312614303b207a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Purpose
PHMSA is publishing this notice to HAZMAT shippers to determine,
based on their experience, what small quantities or low concentrations
of explosives they offer for transport that appear to present a low
risk (e.g., negligible severity, remote probability, etc.) to life,
property, and the environment. The information will be used to define
the focus of a research project investigating the risk of small and/or
de minimis quantities of explosive substances and in selecting test
samples for PHMSA research and development Contract# 693JK322C00003.
II. Background
HAZMAT is comprised of substances or materials capable of posing an
unreasonable risk to life, property, and the environment when
transported in commerce. PHMSA issues the Hazardous Materials
Regulations (HMR), contained in title 49 of the Code of Federal
Regulations (CFR) parts 171-180, for the safe and secure transportation
of HAZMAT. When packaged in inner and outer packagings that do not
exceed small threshold quantities, specific classes of HAZMAT can be
offered for transport without being subject to many or all of the HMR
requirements. Exceptions for small quantities of HAZMAT in transport
include the following:
<bullet> Small quantities for highway and rail within the U.S. (49
CFR 173.4).
<bullet> Excepted quantities (49 CFR 173.4a).
<bullet> De minimis exceptions (49 CFR 173.4b).
Currently there are no small quantity exceptions for Class 1
explosives. Rather, the HMR requires that any change in the
formulation, design, or process that alters any of the properties of a
Class 1 explosive means it is now considered a ``new explosive'' and
must be examined, classed, and approved for transport. Obtaining a U.S.
DOT PHMSA explosives (EX) approval requires significant commitments of
time, effort, and financial resources by the prospective shipper,
examining agent, and PHMSA. Establishing a small quantity and/or de
minimis exception for explosives presenting a low hazard in transport
would reduce the time, effort, and financial investments required by
all affected parties in order to authorize its transport, while
maintaining the safety of the transportation system.
Although there are no small quantity exceptions for Class 1
explosives with a general scope that might apply to broad categories of
small quantity or low concentration explosives, there are a few
narrowly defined exceptions that authorize the transport of specific
explosive substances that have been desensitized to impact, friction,
and/or flame initiation, such as:
<bullet> UN2555, Nitrocellulose with water [with not less than 25%
water, by mass], 4.1, II (<=75% explosives content, 1.1D when
undiluted); UN3357, Nitroglycerin mixture, desensitized, liquid, n.o.s.
with not more than 30% nitroglycerin, by mass, 3, II (30% explosives
content, forbidden from transport when undiluted); or UN1204,
Nitroglycerin solution in alcohol [with not more than 1%
nitroglycerin], 3, II (1% explosives content, forbidden from transport
when undiluted).
[cir] Each can be offered for transport in inner packagings
containing up to 30 grams per 49 CFR 173.4 or 173.4a or 1 gram per 49
CFR 173.4b.
<bullet> UN1571, Barium azide, wetted [with not less than 50%
water], by mass, 4.1, I (<=50% explosives content, 1.1A when
undiluted); UN1322, Dinitroresorcinol, wetted [with not less than 15%
water, by mass], 4.1, I (<=85% explosives content, 1.1D when
undiluted); UN3366, Trinitrotoluene (TNT), wetted, [with not less than
10% water by mass], 4.1, I (<=90% explosives content, 1.1D when
undiluted); or UN3370, Urea nitrate, wetted, [with not less than 10%
water by mass], 4.1, I (<=90% explosives content, 1.1D when undiluted).
[[Page 54159]]
[cir] Each can be offered for transport in inner packagings
containing up to 30 grams per 49 CFR 173.4.
Therefore, although the small quantity exceptions authorize the
transport of specific and narrowly defined desensitized explosives, the
current quantity exceptions do not have allowances for broader
categories of small quantity or low concentration explosives defined by
lower concentration without individual testing/examination, nor
allowances that define when a diluted explosive might be excepted from
the HMR requirements.
III. PHMSA's Exceptions for Desensitized Explosives
There are currently no small quantity or de minimis exceptions for
Class 1 explosive substances or articles in the United States. However,
the following exceptions permit the transport of various desensitized
explosives that have been excluded from Class 1 (summarized by the
following bullets; refer to the regulatory text for the full
requirements and allowances):
<bullet> 49 CFR 173.4 (Small quantities for highway and rail within
the U.S.) authorizes inner packagings containing up to 30 g of
authorized solids or 30 mL of authorized liquids in an outer packaging
not exceeding a gross mass of 29 kg.
<bullet> 49 CFR 173.4a (Excepted quantities) authorizes inner
packagings containing up to 30 g of authorized solids or 30 mL of
authorized liquids in an outer packaging not exceeding a net mass 300 g
or 300 mL for PG I solids or liquids; 500 g or 500 mL for solids or
liquids of PG II; and 1 kg or 1 L for PG III solids or liquids/gases.
<bullet> 49 CFR 173.4b (De minimis exceptions) authorizes inner
packagings containing up to 1 g of authorized solids or 1 mL of
authorized liquids with an aggregate quantity of HAZMAT not exceeding
100 g or 100 mL in an outer packaging not exceeding a gross mass of 29
kg.
IV. Request for Feedback
We are interested in understanding what small quantities or low
concentrations of explosives are offered for transport that appear to
present a low risk to life, property, and the environment. For this
inquiry, an explosive meets the definition of 49 CFR 173.50(a) and
United Nations Recommendations on the Transport of Dangerous Goods
section 2.1.1 and 2.1.1.3. The phrase ``low risk to life, property, and
the environment'' means a risk comprised of a negligible severity and a
remote probability (as defined in MIL-STD-882E, ``Department of Defense
Standard Practice, System Safety'', 11 May 2012) for the worst-case
scenario related to transportation, including preparation for
transport, storage, and/or handling incidental to movement. From MIL-
STD-882E, negligible severity and remote probability are defined as:
<bullet> Negligible severity--Could result in one or more of the
following: injury or occupational illness not resulting in a lost work
day, minimal environmental impact (air/water/solid waste pollutant
emissions, inadvertent hazardous releases, or adverse change upon
resources/ecosystems), or monetary loss less than $100K.
<bullet> Remote probability--Unlikely, but possible for an incident
to occur in the life of the item.
The information will be used to define the focus of a research
project investigating the risk of small and/or de minimis quantities of
explosive substances, and in selecting test samples for PHMSA Research
& Development Contract #693JK322C00003. PHMSA requests comment on the
following questions:
1. Which of the following items do you encounter that a) are to be
offered for transport, and b) contain small quantities and/or low
concentrations of explosives? Examples could include, but are not
limited to: analytical standards, canine training aids, residues in
packaging (bags, boxes, drums, etc.), residues on tooling or equipment,
contaminated lubricants, residues in piping, residues from processing
(wipes, swabs, paper/plastic/textile sheets or covers, absorbent pads,
filter media, etc.), residues from handling (gloves, aprons, masks,
respirator cartridges, clothing, etc.), manufacturing residues, floor
sweepings, residues in solvent or water washes, contaminated soil, and/
or other.
2. How frequently does your facility offer small quantities or low
concentrations of explosives as a HAZMAT shipper that appear to present
a low risk to life, property, and the environment?
<bullet> Never [skip to question 8]
<bullet> Rarely [continue to next question]
<bullet> Yearly [continue to next question]
<bullet> Monthly [continue to next question]
<bullet> Weekly [continue to next question]
<bullet> Daily [continue to next question]
3. Please provide responses to the following sub-questions (3.1 to
3.10) for the top five examples of small quantities or low
concentrations of explosives encountered by your facility that present
a low risk to life, property, and the environment. Please focus on
examples at your facility that: (a) are most frequently encountered;
(b) represent the greatest mass/volume; (c) have the highest net
explosives weight; (d) have the highest explosives concentration; and/
or e) have the greatest amount of explosives.
3.1. What is the composition of the HAZMAT (constituents,
concentration, quantity, etc.)?
3.2. What is the packaging configuration of the HAZMAT (inner,
intermediate, and outer packagings)?
3.3. What is the average net explosives weight of the inner package
(in grams)?
3.4. What is the average net explosives weight of the outer package
(in grams)?
3.5. What is this HAZMAT's UN identification number?
3.6. On average, how many packages of this HAZMAT are in one
shipment?
3.7. On average, how many shipments of this HAZMAT are made in one
year?
3.8. What mode(s) of transport is/are utilized for these shipments
(e.g., motor vehicle, passenger or cargo-only rail/aircraft, vessel,
etc.)?
3.9. Where is this HAZMAT typically shipped? Specify all that
apply: another facility for further manufacturing; customer or end
user; recycling (reclamation, reuse/use, etc.); hazardous waste
facility for chemical/thermal/biological/physical treatment; hazardous
waste facility for disposal (dumpsite, landfill, etc.); public
landfill; and/or other.
3.10. Is the HAZMAT offered for transport internationally or
domestically in intrastate (within the same state) or interstate
(between states) commerce?
3.11. What type of approval is currently being utilized to offer
the HAZMAT for shipment? (e.g., EX-approval, Special Permit, or
Competent Authority).
3.12. What tests were performed to characterize the hazard of the
HAZMAT?
3.13. Are you willing to share more detailed information (e.g., the
test report, recommended classification, and EX-approval) with Safety
Management Services, Inc. (SMS) of West Jordan, Utah? SMS is willing to
sign non-disclosure agreements to protect proprietary information;
further details can be securely transmitted to them.
4. As applicable, please list up to five examples of small
quantities and/or low concentrations of explosives presenting more than
a low risk to life, property, and the environment.
5. All materials containing explosives, including small quantities
or dilute concentrations, require a PHMSA approval prior to transport;
it can take
[[Page 54160]]
up to 180 days to examine, classify, and approve a regulated
explosives-containing material for transport. What impact does waiting
for PHMSA approval of your small quantities and/or dilute explosives
have upon your facility, in your efforts to comply with the
requirements of other regulatory agencies?
6. What threshold quantity and/or concentration of explosives, if
any, presents a low risk to life, property, and the environment, and
should, in your opinion, be considered for exception from regulation by
PHMSA?
7. What is the technical basis for your opinion (e.g., testing,
experience, data, etc.)?
8. Why, in your opinion, should a threshold quantity and/or
concentration of explosives not be considered for exception from
regulation by PHMSA?
Your efforts to comment on the above questions are appreciated;
your responses will be used to better inform decisions in determining
small quantity and/or de minimis exceptions for explosive substances
and in selecting test samples for Contract #693JK322C00003.
Issued in Washington, DC.
Yolanda Y. Braxton,
Director, Operations System Division, Office of Hazardous Materials
Safety, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2024-14175 Filed 6-27-24; 8:45 am]
BILLING CODE 4910-60-P
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