Proposed Rule2025-12099
Hazardous Materials: Adoption of Department of Transportation Special Permits 12412 and 11646 Into the Hazardous Materials Regulations
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
This NPRM proposes adopting the provisions of Department of Transportation (DOT) Special Permit (SP) 12412 and DOT-SP 11646 into the hazardous materials regulations. These revisions would provide greater regulatory flexibility and eliminate the need for special permit renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an equivalent level of safety.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28581-28585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12099]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 177
[Docket No. PHMSA-2025-0100 (HM-268L)]
RIN 2137-AG14
Hazardous Materials: Adoption of Department of Transportation
Special Permits 12412 and 11646 Into the Hazardous Materials
Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This NPRM proposes adopting the provisions of Department of
Transportation (DOT) Special Permit (SP) 12412 and DOT-SP 11646 into
the hazardous materials regulations. These revisions would provide
greater regulatory flexibility and eliminate the need for special
permit renewal requests, reducing paperwork burdens and facilitating
commerce while maintaining an equivalent level of safety.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0100 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-2025-0100 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 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>.
[[Page 28582]]
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#e89a918986c684899a9b8786a88c879cc68f879e"><span class="__cf_email__" data-cfemail="7b09021a1555171a090814153b1f140f551c140d">[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#72000b131c5c1e1300011d1c32161d065c151d04"><span class="__cf_email__" data-cfemail="3c4e455d5212505d4e4f53527c585348125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
PHMSA is proposing to revise certain provisions in 49 CFR part 177
of Chapter I of Title 49 of the Code of Federal Regulations (CFR).
Section 177.834 establishes general operational requirements for
transportation by highway. Currently, Sec. 177.834(h) generally
prohibits unloading hazardous material packaging while it remains on a
motor vehicle. However, DOT-SP 11646 authorizes the discharge of
certain Class 3, 8, 9, and Division 6.1 liquids from a DOT
specification drum without removing the drum from the vehicle on which
it is transported.
PHMSA proposes to adopt the provisions of DOT-SP 11646 into a new
Sec. 177.834(h)(1) that would allow only certain lower hazard liquids
in packing groups II and III to be unloaded from United Nations (UN)
standard drums without first removing the drums from the vehicle
provided certain conditions are met to ensure safety. Some of these
safety controls include requiring attendance by a qualified person
during unloading, not allowing the manifolding of multiple drums, and
requiring that hoses are not attached to outlets during transportation.
Party status to DOT-SP 11646 is currently held by 43 entities. PHMSA
conducted a review of DOT-SP 11646 and found no compliance violations.
Similarly, DOT-SP 12412 authorizes the discharge of liquid
hazardous materials authorized to be shipped in UN 31A, 31B, 31N, 31H1,
31H2 or 31HZ1 Intermediate Bulk Containers (IBCs) and DOT 57 portable
tanks without removing the packagings from the vehicle on which they
are transported.\1\ PHMSA proposes to adopt the provisions of DOT-SP
12412 into a new Sec. 177.834(h)(2) that would permit the discharge of
liquids from specified UN standard IBCs or DOT 57 portable tanks
without removing the packagings from a motor vehicle, provided certain
conditions are met. Some of these safety controls include limiting
which types of IBCs or DOT 57 portable tanks are authorized for the
exception, requiring attendance by a qualified person during unloading
operations, requiring hoses to be detached from discharge outlets
during transportation, and not allowing unsafe combinations of
materials on the same vehicle to take advantage of the exception.\2\
Party status to DOT-SP 12412 is currently held by 263 entities. PHMSA
conducted a review of the DOT-SP 12412 and history of compliance
violations or incidents.
---------------------------------------------------------------------------
\1\ PHMSA notes that the HMR do not apply to the end-use
commercial application of a product, such as spraying pesticides,
herbicides, or cleaning solutions from a packaging while the
packaging remains on a motor vehicle if during these times the motor
vehicle is not in transportation as defined by the HMR.
\2\ PHMSA notes that for IBCs and DOT 57 portable tanks,
proposed paragraph (h)(2) states that residue remaining in devices
(e.g., pumps, piping, and discharge hoses) after product draining is
not subject to this requirement, provided the devices are capped and
secured during transportation.
---------------------------------------------------------------------------
Overall, PHMSA expects the regulatory amendments in this NPRM would
improve the affected entities' abilities to provide abundant, reliable,
and affordable products in response to residential, commercial, and
industrial demand. PHMSA does not expect that these proposed revisions
would 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.
B. Executive Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\3\ 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.
---------------------------------------------------------------------------
\3\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
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 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
[[Page 28583]]
regulatory burdens and regulatory uncertainty for affected entities by
reducing the time and manpower necessary for entities needing to unload
these materials efficiently and safely without the need for special
permits. 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.\4\ 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 would 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.'' \5\
---------------------------------------------------------------------------
\4\ 90 FR 9065 (Jan. 31, 2025).
\5\ 90 FR 10583 (Feb. 19, 2025).
---------------------------------------------------------------------------
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \6\ 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'') \7\ 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 affected entities. PHMSA preliminarily finds
this proposed rule is consistent with each of E.O. 14156 and E.O.
14154. The proposed rule will give affected entities, many of whom are
in the construction and energy industries, the ability to conduct their
operations without having to remove certain hazardous materials
packaging from vehicles, when in some cases, they do not have the
equipment necessary to safely remove fully loaded packages.
---------------------------------------------------------------------------
\6\ 90 FR 8353 (Jan. 29, 2025).
\7\ 90 FR 8353 (Jan. 29, 2025).
---------------------------------------------------------------------------
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''),\8\ 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 will not have a significant
adverse effect on supply, distribution, or energy use; and OIRA has
therefore not designated this proposed rule as a significant energy
action.
---------------------------------------------------------------------------
\8\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \9\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\10\ 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:
---------------------------------------------------------------------------
\9\ 64 FR 43255 (Aug. 10, 1999).
\10\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
(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 (2) 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 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 will not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \11\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\12\ 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.
---------------------------------------------------------------------------
\11\ 67 FR 53461 (Aug. 16, 2002).
\12\ DOT, ``Rulemaking Requirements Related to Small Entities,''
<a href="https://www.transportation.gov/regulations/">https://www.transportation.gov/regulations/</a> rulemaking-requirements-
concerning-small-entities (last accessed Sept 3, 2024).
---------------------------------------------------------------------------
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
[[Page 28584]]
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 will not adversely affect
safety and therefore will 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'') \13\ 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.
---------------------------------------------------------------------------
\13\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------
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 would not create, amend, or rescind any
existing information collections. However, 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: 77.
Decrease in Annual Responses: 77.
Decrease in Annual Burden Hours: 115.
Decrease in Annual Burden Cost: $0.
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.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\14\ 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.
---------------------------------------------------------------------------
\14\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
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'') \15\ 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.
---------------------------------------------------------------------------
\15\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------
List of Subjects in 49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting, and recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
1. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311,
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.
0
2. In Sec. 177.834, revise paragraph (h) to read as follows:
Sec. 177.834 General Requirements.
* * * * *
[[Page 28585]]
(h) Precautions concerning containers in transit; fueling road
units. Reasonable care should be taken to prevent undue rise in
temperature of containers and their contents during transit. There must
be no tampering with such container or the contents thereof nor any
discharge of the contents of any container between point of origin and
point of billed destination. Discharge of contents of any container,
other than a cargo tank, IM portable tank, or packaging authorized in
paragraphs (h)(1) and (h)(2) of this section, must not be made prior to
removal from the motor vehicle. Nothing contained in this paragraph
shall be so construed as to prohibit the fueling of machinery or
vehicles used in road construction or maintenance.
(1) Drums. For the purpose of this section only, Class 3 (PG II and
III), Division 6.1 (PG II and III), Class 8 (PG II and PG III), and
Class 9 materials are authorized. For liquids authorized under this
section, the following conditions apply--
(i) Product transfer must be through pumps mounted on the motor
vehicle or with an injection system indirectly mounted on a motor
vehicle;
(ii) The drums must be attended at all times during unloading
operations by a qualified person. For the purposes of this requirement,
``attended'' and ``qualified'' have the meanings described in
paragraphs (i)(3) and (i)(4) of this section, respectively;
(iii) Hoses shall not be attached to container outlets during
transportation;
(iv) Drums shall not be manifolded together during transportation;
and
(v) Each reused drum must meet the requirements prescribed in Sec.
173.28 or an active special permit, as applicable.
(2) IBCs and DOT specification 57 portable tanks transporting
materials other than Class 3 (PG II); Class 3 (PG III with a flash
point of less than 100 [deg]F (38 [deg]C)); Division 5.1 (PG II); or
Division 6.1 (PG II). For liquids authorized to be transported in
metal, rigid plastic, and composite UN standard IBCs or DOT
Specification 57 portable tanks, the following conditions apply--
(i) Transportation is limited to private or contract motor vehicle;
(ii) IBC design types authorized are UN 31A, 31B, 31N, 31H1, 31H2,
and 31HZ1;
(iii) If the IBC or portable tank is pressurized, it must be
equipped with a pressure relief device set to open at not higher than
two-thirds of the test pressure or 9 psig for a metal IBC;
(iv) Except for hypochlorite solutions and fluosilicic acid, two or
more materials may not be loaded on the same vehicle if any mixture of
the materials would cause an unsafe condition. Hypochlorite solutions
and fluosilicic acid may be loaded on the same vehicle and transported
in separate IBCs provided--
(A) No more than two IBCs are transported on a motor vehicle;
(B) Each IBC has a capacity not exceeding 1703 L (450 gallons);
(C) The materials shall not be discharged at the same time; and
(D) The hazardous materials are used for water treatment purposes
only.
(v) Packagings shall not be manifolded together or have discharge
outlets permanently connected to any part of the vehicle, including its
discharge system. Hoses shall not remain attached to IBCs or portable
tanks (e.g., discharge outlets) during transportation (movement) of the
motor vehicle;
(vi) The packagings must be attended at all times during unloading
operations by a qualified person. For the purposes of this requirement,
``attended'' and ``qualified'' have the meanings described in
paragraphs (i)(3) and (i)(4) of this section, respectively;
(vii) Each IBC or DOT specification 57 portable tank must be
discharged by--
(A) Using a mechanical pump with a positive means of stopping the
flow of liquid from the pump;
(B) Gravity; or
(C) Pressurizing the IBC or portable tank.
(viii) Before starting each transfer of product to a receiving
system, the person performing that function must determine that each
component of the discharge system (including the hose) is of sound
quality, free of leaks, and that connections are secure. A hose or
associated equipment that shows signs of leakage, significant bulging,
or other defects may not be used;
(ix) Packages shall not be filled or refilled while on a motor
vehicle unless filled or refilled on the private property of the
shipper, filler, or refiller. Prior to refilling, each IBC and its
service equipment must be visually inspected in accordance with the
provisions of Sec. Sec. 173.35(b) and 180.352 and each DOT
specification 57 portable tank and its service equipment must be
visually inspected in accordance with the provisions of Sec. 180.605;
(x) Prior to reentering transportation, all hazardous materials
must be purged from the pump, if equipped, the piping, and the
discharge hose, as far as practicable; or all free-flowing hazardous
material must be removed from the pump, if equipped, piping and the
discharge hose in accordance with Sec. 173.33(e). Residue remaining in
these devices after product draining is not subject to this requirement
provided these devices are capped and secured during transportation.
(xi) If the IBC or portable tank is unloaded using a pump, or if it
is pressurized for unloading, prior to using a new or repaired transfer
hose assembly (hose and associated fittings), the hose assembly must be
subjected to a pressure test. The pressure test must be performed at no
less than the pressure the hose is expected to be subjected to during
product transfer. This test must be performed with all hose and hose
fittings arranged in the configuration to be employed during transfer
operations. Burst pressure must be at least four times the service
pressure of the pump.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12099 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.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.