Billing Code - PHMSA - Department of Transportation

(a)(9) concerning security devices is still necessary, and a request to maintain the current
text of (a)(9) and simply insert a new paragraph with the proposed text. PHMSA agrees
and is maintaining the current paragraph (a)(9). IVODGA also requested that the
following text be included at the end of the newly proposed paragraph of our proposed
text: “… or transport vehicle. The Maximum Securing Load on internal container lashing,
securing or anchor points shall not be exceeded.” PHMSA believes that inserting
IVODGA’s proposal would be very difficult to enforce, as anchor points in containers are
not marked with maximum securing loads. Additionally PHMSA believes that the
language proposed in the NPRM accounts for IVODGA’s concerns as deformation of the
securing points is indicative of exceeding the securing points capabilities.
PHMSA received an additional comment from IVODGA requesting we amend
§ 176.76 to require transport equipment with refrigerated or heating units used for the
transport of hazardous materials of Division 2.1, Class 3, or those capable of releasing
flammable vapors during transport to be equipped with explosion proof electrical fittings.
PHMSA has determined that such an amendment is beyond the scope of the proposals
presented in the August 15, 2012 NPRM and therefore will not be addressed in this final
rule.
Section 176.83
Section 176.83 prescribes the general vessel segregation requirements. Paragraph
(m) of this section specifies additional segregation requirements for certain groups of
hazardous materials. Paragraph (m)(2) of this section prescribes segregation requirements
for materials shipped under n.o.s. entries. Furthermore, paragraph (m)(3) discusses
materials that fall outside the defining criteria for hazardous materials, but display
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