Proposed Rule2025-12090
Hazardous Materials: Adoption of Department of Transportation Special Permit 21478
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
July 1, 2025
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA proposes to adopt the provisions of DOT special permit (SP) 21478 into the Hazardous Materials Regulations (HMR). Adoption of this special permit would authorize intermediate bulk containers (IBCs) containing a residue of a certain hazardous materials to be transported without shipping papers, placards, and motor vehicle marking of the UN identification (ID) number subject to additional operational controls. The proposed revisions provide relief from undue burdens of hazard communication requirements for low-risk transportation of empty packaging and eliminate the need for special permit renewal requests.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28566-28571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12090]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172 and 173
[Docket No. PHMSA-2025-0104 (HM-268P)]
RIN 2137-AG18
Hazardous Materials: Adoption of Department of Transportation
Special Permit 21478
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to adopt the provisions of DOT special permit
(SP) 21478 into the Hazardous Materials Regulations (HMR). Adoption of
this special permit would authorize intermediate bulk containers (IBCs)
containing a residue of a certain hazardous materials to be transported
without shipping papers, placards, and motor vehicle marking of the UN
identification (ID) number subject to additional operational controls.
The proposed revisions provide relief from undue burdens of hazard
communication requirements for low-risk transportation of empty
packaging and eliminate the need for special permit renewal requests.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0104 using any of the following methods:
E-Gov Web: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0104 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your
[[Page 28567]]
comments, include a self-addressed stamped postcard. Internet users may
submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Note: Comments are posted without changes or edits to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided.
There is a privacy statement published on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
Confidential Business Information: Confidential Business
Information (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. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. You may ask PHMSA to
provide confidential treatment to information you give to the agency by
taking the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to Ryan
Larson, Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, or by email at
<a href="/cdn-cgi/l/email-protection#0a78736b6424666b787965644a6e657e246d657c"><span class="__cf_email__" data-cfemail="dfada6beb1f1b3beadacb0b19fbbb0abf1b8b0a9">[email protected]</span></a>. Any materials PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT: Ryan Larson, Transportation
Regulations Specialist, 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, <a href="/cdn-cgi/l/email-protection#a9dbd0c8c787c5c8dbdac6c7e9cdc6dd87cec6df"><span class="__cf_email__" data-cfemail="fa88839b94d4969b88899594ba9e958ed49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
PHMSA proposes to revise certain provisions in Title 49 Chapter I,
Parts 172 and 173 of the Code of Federal Regulations (CFR). Currently,
the HMR (49 CFR parts 171-180) at Sec. 173.29 generally requires
``empty'' packagings, including IBCs, containing only residue of a
hazardous material to be offered for transportation and transported in
the same manner as when they contained a greater quantity of that
hazardous material. There are some exceptions to this general
requirement, such as for non-bulk (smaller) sized packaging, subject to
certain conditions. However, the exceptions do not apply to IBCs. This
means that offering or transporting an IBC containing only a residue of
a hazardous material would generally still necessitate all hazardous
communication for transport--such as shipping papers, labeling, or
placarding--and transport vehicle UN ID number marking.
Specifically, the relief provided for an ``empty'' non-bulk
packaging in Sec. 173.29(c) states that non-bulk packaging containing
only the residue of hazardous materials covered by Table 2 of Sec.
172.504--a table of comparatively lower hazard Classes and Divisions of
materials--are excepted from certain hazard communication requirements
of the HMR. These packages do not need to be included in determining
the need for placarding and are not subject to the shipping paper
requirements when collected and transported by a for-hire or private
carrier for reconditioning, remanufacture, or reuse.
PHMSA issued DOT-SP 21478 to grant relief from the requirement to
offer for transportation and transport IBCs containing only residue of
hazardous materials in a similar manner to that offered to non-bulk
packagings. This special permit is currently held by 42 entities. DOT-
SP 21478 offers relief for transport of ``empty'' IBCs subject to
conditions and limitations. Specifically, eligible IBCs are those
constructed of steel, rigid plastic, and composite IBCs. In addition,
hazardous materials contained in the IBCs are limited to those of Class
or Division 3, 4.1, 5.1, 6.1, 8, and 9 hazardous materials in packing
groups II and III. Further, the IBCs are still required to be marked
and labelled, maintaining important methods of hazard communication for
handling and compatibility purposes and in the event of an accident
requiring an emergency response. Lastly, by limiting the capacity of
the IBCs, the safety concerns surrounding the actual quantities of
residue are further mitigated.
In granting this special permit, PHMSA evaluated the safety hazards
associated with the hazard communication exceptions and determined that
there is an equivalent level of safety between transportation of
``empty'' IBCs and ``empty'' non-bulk packages. PHMSA also notes that,
comparatively, the typical quantities of residue in these IBCs are less
than the quantities that the Environmental Protection Agency (EPA)
considers for a container to be empty under its Resource Conservation
and Recovery Act regulations for residues of hazardous waste. EPA
defines this amount as 0.3% or less of material by weight of the total
capacity for a container greater than 119 gallons--the cutoff for a
packaging to be considered non-bulk. Anything greater is bulk and IBCs
are considered bulk packagings (see 40 CFR 261.7). As part of the
evaluation, PHMSA determined there were no compliance violations or
incidents associated with transportation conducted under this special
permit.
PHMSA proposes to adopt the provisions of DOT-SP 21478 into a new
paragraph (d) in Sec. 173.29 (and redesignate the current paragraphs
in the section) to authorize the transportation of ``empty'' IBCs, in a
similar manner to non-bulk packagings allowed in Sec. 173.29(c). PHMSA
is also proposing a conforming amendment to Sec. 172.514 to make clear
that IBCs shipped in accordance with the conditions of the empty
packaging exception are not subject to placarding. PHMSA is proposing
to make conforming amendments in Sec. 172.331 ``Bulk packagings other
than portable tanks, cargo tanks, tank cars and multi-unit tank car
tanks,'' Sec. 172.504, ``General placarding requirements,'' and Sec.
172.514, ``Bulk packagings.'' These proposed revisions accommodate the
changes proposed in Sec. 173.29 discussed above. PHMSA does not expect
the proposed HMR revisions to have any adverse impact on safety.
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the
Secretary of Transportation set forth in the Federal Hazardous
Materials Transportation laws (49 U.S.C. 5101 et seq.) and delegated to
the PHMSA Administrator pursuant to 49 CFR 1.97.
[[Page 28568]]
B. Executive Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\1\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''), requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations should generally ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
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\1\ 58 FR 51735 (Oct. 4, 1993).
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E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
proposed rule is a not significant regulatory action pursuant to E.O.
12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the requirements in E.O. 12866 as
implemented by DOT Order 2100.6B and made a preliminary determination
that this proposed rule would result in cost savings by reducing
regulatory burdens and regulatory uncertainty for affected entities by
providing relief from regulatory requirements to those offering and
transporting empty IBCs containing only hazardous materials residue.
PHMSA expects those cost savings would also result in reduced costs for
the public to whom those entities generally transfer a portion of their
compliance costs.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.\2\ PHMSA seeks data that would be
helpful to generate an estimate of the cost savings from this rule.
PHMSA's initial estimates are that the total costs of the rule on the
regulated community will be less than zero. Nor does this proposed rule
does implicate any of the factors identified in section 2(a) of E.O.
14219 indicative of a regulation that is ``unlawful . . . [or] that
undermine[s] the national interest.'' \3\
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\2\ 90 FR 9065 (Jan. 31, 2025).
\3\ 90 FR 10583 (Feb. 19, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \4\ a national emergency to address the United
States's inadequate energy development production, transportation,
refining, and generation capacity. Similarly, E.O. 14154 (``Unleashing
American Energy'') \5\ asserts a Federal policy to unleash American
energy by ensuing access to abundant supplies of reliable, affordable
energy from (inter alia) the removal of ``undue burden[s]'' on the
identification, development, or use of domestic energy resources such
as PHMSA-jurisdictional offerors and carriers. PHMSA preliminarily
finds this proposed rule is consistent with each of E.O. 14156 and E.O.
14154. The proposed rule would give affected entities relief from the
HMR when offering or transporting empty IBCs containing only residue,
many of which are used for the transportation of petroleum products,
lubricants, and other chemicals in the construction and energy
industries. PHMSA therefore expects the regulatory amendments in this
proposed rule would in turn facilitate affected entities' ability to
provide abundant, reliable, and affordable products in response to
residential, commercial, and industrial demand.
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\4\ 90 FR 8353 (Jan. 29, 2025).
\5\ 90 FR 8353 (Jan. 29, 2025).
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However, this proposed rule is not a ``significant energy action''
under E.O. 13211 (``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use''),\6\ which requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action.'' Because this proposed rule is not a
significant action under E.O. 12866, it would not have a significant
adverse effect on supply, distribution, or energy use; OIRA has
therefore not designated this proposed rule as a significant energy
action.
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\6\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \7\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\8\ E.O. 13132 requires agencies to assure
meaningful and timely input by State and local officials in the
development of regulatory policies that may have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' The Federal
Hazardous Materials Transportation laws contain an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
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\7\ 64 FR 43255 (Aug. 10, 1999).
\8\ 74 FR 24693 (May 22, 2009).
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(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1), (2), and
(3) above and would preempt state, local, and Tribal requirements not
meeting the ``substantively the same'' standard. While the proposed
rule may operate to preempt some State requirements, it would not
impose any regulation that has substantial direct effects on the
States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government. The preemptive
[[Page 28569]]
effect of the regulatory amendments in this proposed rule is limited to
the minimum level necessary to achieve the objectives of the Federal
Hazardous Materials Transportation Laws. Therefore, the consultation
and funding requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the proposed rule
in the rulemaking would not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \9\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\10\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act. The proposed rule is expected to reduce
burdens. Therefore, PHMSA certifies the proposed rule does not have a
significant impact on a substantial number of small entities.
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\9\ 67 FR 53461 (Aug. 16, 2002).
\10\ DOT, ``Rulemaking Requirements Related to Small Entities,''
<a href="https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a> (last accessed Sept 3, 2024).
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or final rule that includes a Federal mandate that may
result in the expenditure by state, local, and Tribal governments, in
the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This proposed rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has
preliminarily determined that the rulemaking would not adversely affect
safety and therefore would not significantly affect the quality of the
human and natural environment. The public is invited to comment on the
impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and
criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments'') \11\ and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures''). E.O.
13175 requires agencies to assure meaningful and timely input from
Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship or distribution of
power between the Federal government and Tribes.
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\11\ 65 FR 67249 (Nov. 9, 2000).
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PHMSA assessed the impact of the proposed rule and determined that
it would not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this proposed rule would not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This rulemaking eliminates the need for persons to renew a
special permit, resulting in a decrease in paperwork burden for special
permit holders. PHMSA estimates the reduction in information collection
burden as follows:
OMB Control No. 2137-0051: Rulemaking, Special Permits, and
Preemption Requirements.
Decrease in Annual Number of Respondents: 11.
Decrease in Annual Responses: 11.
Decrease in Annual Burden Hours: 16.
Decrease in Annual Burden Cost: $0.
This proposed rule also creates a requirement for shippers using
the new provisions in Sec. 173.29 to have a document (in paper or
electronic form), in lieu of a shipping paper, accompanying the IBCs
that denotes the phrase ``Residue IBC(s)'' and indicates the number of
IBCs containing hazardous materials for each Class or Division of
material transported on transport vehicle. PHMSA estimates that 44
respondents will ship 50 shipments per year under this provision
resulting in 2,200 shipments per year. PHMSA estimate it will take 30
seconds each for offerors to create this certification resulting in 19
burden hours (2,200 responses x 30 seconds per response). PHMSA will
place this information collection under OMB Control Number 2134-0034
``Shipping Papers and Emergency Response Information.'' PHMSA estimates
there are no additional burden cost associated with this information
collection.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this NPRM. Address
written comments to the Dockets Unit as identified in the ADDRESSES
section of this NPRM. PHMSA must receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this NPRM. Notwithstanding any other provision
of law, no person is required to respond to a collection of information
unless such collection displays a valid Office of Management and Budget
(OMB) control number.
Please direct your requests for a copy of this information
collection to Steven Andrews, Office of Hazardous Materials Standards
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, 2nd Floor, Washington, DC 20590-0001.
[[Page 28570]]
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\12\ requires agencies consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and compete internationally. In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
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\12\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the proposed rule and has determined that its regulatory
amendments would not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity'') \13\ directed
the Federal government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the proposed rule and
has determined that its regulatory amendments would not materially
affect the cybersecurity risk profile for affected entities.
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\13\ 86 FR 26633 (May 17, 2021).
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List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, packaging and containers,
radioactive materials, uranium, reporting, and recordkeeping
requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
2. In Sec. 172.331, add new paragraph (d) to read as follows:
Sec. 172.331 Bulk packagings other than portable tanks, cargo tanks,
tank cars and multi-unit tank car tanks.
* * * * *
(d) Exceptions. Transport vehicles or freight containers used to
transport empty IBCs in accordance with Sec. 173.29(d) of this
subchapter are not subject to identification number marking
requirements.
0
3. In Sec. 172.504, revise paragraph (d) to read as follows:
Sec. 172.504 General placarding requirements.
* * * * *
(d) Exceptions for empty packages.
(1) Non-bulk. Except for hazardous materials subject to Sec.
172.505, a non-bulk packaging that contains only the residue of a
hazardous material covered by Table 2 of paragraph (e) of this section
need not be included in determining placarding requirements.
(2) IBCs. Transport vehicles or freight containers used to
transport empty IBCs in accordance with Sec. 173.29(d) of this
subchapter are not subject to placarding requirements of this part.
* * * * *
0
4. In Sec. 172.514, revise paragraph (b) to read as follows:
Sec. 172.514 Bulk packagings.
* * * * *
(b) Each bulk packaging that is required to be placarded when it
contains a hazardous material, must remain placarded when it is
emptied, unless it--
(1) Is sufficiently cleaned of residue and purged of vapors to
remove any potential hazard;
(2) Is refilled, with a material requiring different placards or no
placards, to such an extent that any residue remaining in the packaging
is no longer hazardous;
(3) Contains the residue of a hazardous substance in Class 9 in a
quantity less than the reportable quantity, and conforms to Sec.
173.29(b)(1) of this subchapter; or
(4) Is an empty IBC transported in accordance with Sec. 173.29(d).
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
5. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
6. In Sec. 173.29, redesignate current paragraphs (d) through (h) as
paragraphs (e) through (i) and add new paragraph (d) to read as
follows:
Sec. 173.29 Empty packagings.
* * * * *
(d) A steel, rigid plastic, or composite IBC not exceeding 2,100 L
(550 gallons) containing only the residue of hazardous materials in
packing group II or III of hazard Class or Division 3, 4.1, 5.1, 6.1,
8, and 9, are excepted from subpart C (shipping papers). Furthermore,
transport vehicles and freight containers are not subject to the
subpart F (placarding) of Part 172 of this subchapter and the marking
requirements in Sec. 172.331 (UN ID Number), provided the following
conditions are met:
(1) Prior to shipment, the offeror must ensure that no more than
0.3 percent by weight of the total capacity of the IBC remains in the
packaging;
(2) IBCs must be transported in a fully enclosed transport vehicle
or freight container;
(3) Transportation is only authorized to a reconditioning,
remanufacturing, requalification, disposal, or repair facility;
(4) A document (in paper or electronic form) must accompany the
IBCs that denotes the phrase ``Residue IBC(s)'' and indicates the
number of IBCs containing hazardous materials for each Class or
Division of material transported on transport vehicle;
[[Page 28571]]
(5) IBCs shall be marked and labeled in accordance with subpart D
(marking) and subpart E (labeling) of Part 172 of this subchapter; and
(6) Transportation is authorized for only motor vehicle or rail.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12090 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2025.
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