Hazardous Materials: Revision and Reformatting of Requirements for the Authorization To Use International Transport Standards and Regulations, 4544-4556 [06-516]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Proposed Rules]
[Pages 4544-4556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-516]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175 and 176

[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AD98


Hazardous Materials: Revision and Reformatting of Requirements 
for the Authorization To Use International Transport Standards and 
Regulations

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In this notice of proposed rulemaking, the Pipeline and 
Hazardous Materials Safety Administration proposes to amend the 
Hazardous Materials Regulations by revising and consolidating the 
requirements applicable to the use of the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air, the International Maritime Dangerous Goods 
Code, the Canadian Transport of Dangerous Goods Regulations, and the 
International Atomic Energy Agency Safety Standards Series: Regulations 
for the Safe Transport of Radioactive Material. The revisions and 
reformatting provide a user-friendly format to promote understanding of 
the conditions and limitations on the use of international standards 
and regulations, thereby ensuring that an acceptable level of safety is 
maintained while facilitating the transportation of hazardous 
materials.

DATES: Comments must be received by March 28, 2006. To the extent 
possible, we will consider late filed comments as we develop the final 
rule.

ADDRESSES: You may submit comments by any of the following methods:
     Web site: https://dms/dot/gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW, Nassif Building, Room PL-401, 
Washington, DC 20590-0001
     Hand Delivery: To the Docket Management System; Room PL-
401 on the Plaza Level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal holidays.

[[Page 4545]]

    Instructions: You must include the agency name and docket number 
PHMSA-05-23141 (HM-215F) or the Regulatory Identification Number (RIN) 
for this notice at the beginning of your comment. Note that all 
comments received will be posted without change to https://dms.dot.gov 
including any personal information provided. Please see the Privacy Act 
section of this document.
    Docket: You may view the public docket through the Internet at 
https://dms.dot.gov or in person at the Docket Management System office 
at the above address.

FOR FURTHER INFORMATION CONTACT: Duane Pfund, International Standards, 
telephone (202) 366-0656, or Joan McIntyre, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, Pipeline and Hazardous 
Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    To facilitate the safe and efficient transportation of hazardous 
materials in international commerce, the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171-180), with certain limitations, 
permit both domestic and international shipments of hazardous materials 
to be offered for transportation and transported under provisions of 
the International Civil Aviation Organization's Technical Instructions 
for the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions), the International Maritime Dangerous Goods Code (IMDG 
Code), the Canadian Transportation of Dangerous Goods Regulations (TDG 
Regulations), and the International Atomic Energy Agency Safety 
Standards Series: Regulations for the Safe Transportation of 
Radioactive Material (IAEA Regulations), as appropriate.
    Uniformity of national and international hazardous materials 
transportation regulations is critical to enhance safety and facilitate 
trade. Consistency between U.S. and international regulations helps to 
assure the safety of international hazardous materials transportation 
through better understanding of the regulations, an increased level of 
industry compliance, the smooth flow of hazardous materials from their 
points of origin to their points of destination, and consistent 
emergency response in the event of a hazardous materials incident. For 
example, many shippers find that consistency in requirements aids their 
understanding of what is required, thereby permitting them to more 
easily comply with the regulations when shipping hazardous materials in 
international commerce.
    In this notice of proposed rulemaking (NPRM), the Pipeline and 
Hazardous Materials Safety Administration (PHMSA) proposes to amend the 
HMR by revising, consolidating, and clarifying the provisions that 
authorize the use of the ICAO Technical Instructions, the IMDG Code, 
the TDG Regulations, and the IAEA Regulations, as currently contained 
in Sec. Sec.  171.11, 171.12 and 171.12a. Currently these sections 
permit both domestic and international shipments of hazardous materials 
to be offered for transportation and transported under the provisions 
of the applicable transport standards and regulations, subject to 
certain conditions and limitations:
     Section 171.11 authorizes the offering, acceptance, and 
transportation of hazardous materials by aircraft and motor vehicle in 
accordance with the ICAO Technical Instructions.
     Section 171.12 authorizes the offering, acceptance, and 
transportation of hazardous materials by vessel, motor vehicle, or rail 
in accordance with the IMDG Code, provided all or part of the 
transportation is by vessel.
     Section 171.12a authorizes the offering, acceptance, and 
transportation of hazardous materials by motor vehicle or rail in 
accordance with the TDG Regulations, for: (1) Shipments that originate 
in Canada and either terminate in the United States or transit the 
United States to a Canadian or foreign destination, or (2) the return 
to Canada of empty bulk packages containing residues of hazardous 
materials that were initially imported into the United States.
     Section 171.12(d) authorizes the offering, acceptance, and 
transportation of radioactive materials in accordance with the IAEA 
Regulations for shipments imported into or exported from the United 
States or transiting the United States during transportation between 
places outside the United States.
    In addition, Sec.  171.12a requires shipments of hazardous 
materials being transported by highway or rail between the United 
States and Mexico to be shipped in accordance with the HMR while being 
transported within the United States. Even though the Mexican 
standards, Normas Officiales Mexicanos (NOMs) and the Regulations for 
Land Transportation of Hazardous Materials and Waste, are to a 
considerable degree consistent with the HMR, differences do exist and 
shippers must exercise caution to ensure that shipments are in full 
compliance with the applicable regulations of each country. For 
additional information and guidance for preparing shipments of 
hazardous materials between the United States and Mexico, you may 
access https://hazmat.dot.gov/nomslst.htm.
    The Federal hazardous materials transportation law (Federal hazmat 
law; 49 U.S.C. 5101 et seq.) requires PHMSA to align the HMR with 
international transport standards and requirements to the extent 
practicable (see Sec.  5120). Harmonization improves safety and 
compliance, and facilitates the transportation of hazardous materials 
in international commerce. The Federal hazmat law permits PHMSA to 
deviate from international transport standards and requirements when 
such action is in the public interest. Therefore, we continue to align 
the HMR with international transport standards and regulations through 
various rulemakings. We also periodically review and revise the 
provisions for the authorization to use the international transport 
standards and regulations in order to maintain a safety level equal to 
that of the HMR, thereby assuring the protection of people, property, 
and the environment.

II. Consolidation of the Conditions and Limitations for Use of the ICAO 
Technical Instructions, IMDG Code, and TDG Regulations

    The HMR, ICAO Technical Instructions, IMDG Code, and TDG 
Regulations are based on the UN Recommendations on the Transport of 
Dangerous Goods (UN Recommendations), which are model regulations 
issued by the UN Committee of Experts on the Transport of Dangerous 
Goods and the Globally Harmonized System of Classification and Labeling 
of Chemicals (UN COE). The authorizations to use the ICAO Technical 
Instructions, IMDG Code and TDG Regulations in Sec. Sec.  171.11, 
171.12 and 171.12a, respectively, contain many of the same conditions 
and limitations for use. Therefore, we are propose consolidating into 
one section those conditions and limitations applicable to all of the 
authorized international transport standards and regulations. Following 
that section, we propose separate sections containing the additional 
provisions specific to each authorized standard. These newly numbered 
sections are contained in a separate subpart.
    The proposed reorganization of part 171, subpart A includes 
provisions concerning the applicability of the HMR and general 
requirements for transportation, and provisions for the Paperwork 
Reduction Act, reference material, definitions and abbreviations,

[[Page 4546]]

rules of construction, and units of measure. Proposed subpart B 
includes provisions for incident reporting, approvals and 
authorizations issued by the Bureau of Explosives, submission of 
reports, and investigations and special studies. Proposed subpart C 
includes the provisions authorizing the use of international standards 
and regulations for transportation in the United States.
    In new subpart C, we propose to consolidate into one section the 
conditions and limitations that apply to the use of the ICAO Technical 
Instructions, IMDG Code, the TDG Regulations, and the IAEA regulations. 
We are proposing to add separate sections specific to the use of the 
ICAO Technical Instructions, IMDG Code, TDG Regulations, IAEA 
Regulations, and for shipments to or from Mexico. These separate 
sections contain additional conditions and limitations for the 
particular international transport standard or regulation being used. 
The proposed, reformatted international sections are located in 
Sec. Sec.  171.22 through 171.28 in the new subpart C.
    We propose to minimize references to other parts of the HMR by 
incorporating the complete text for certain requirements in place of 
the reference. Consolidating and reformatting the conditions and 
limitations into a more user-friendly format provides HMR users with a 
clearer understanding of the conditions and limitations for the use of 
authorized international standards, particularly for persons 
transporting hazardous materials by multiple modes of transportation.

III. Review of Proposed Changes

    In this NPRM we are also proposing several revisions to the current 
conditions and limitations for use of international standards and 
regulations, including: (1) The removal of certain unnecessary 
requirements; (2) clarification of labeling requirements for limited 
quantities of Division 6.1 materials in Packing Groups II and III; (3) 
revision of shipping paper requirements to require an indication of the 
international standard being used; (4) clarification of requirements 
for the use of International Maritime Organization (IMO) Type 5 tanks; 
and (5) authorization for the use of the TDG Regulations for return 
shipments from the United States to Canada. These revisions are 
explained in more detail below.
    We are also proposing to incorporate by reference the most recent 
edition of the TDG regulations--Amendment 5, which was published on 
September 21, 2005. We invite commenters to address Amendment 5 for 
incorporation by reference into the HMR.

A. Removal of Unnecessary HMR Requirements

    We propose to remove the following conditions and limitations from 
the HMR because they have been incorporated into the most recent 
editions of the ICAO Technical Instructions, the IMDG Code, and the TDG 
regulations:
    1. The current HMR restriction in Sec. Sec.  171.11((d)(12), 
171.12(b)(14), and 171.12a(b)(14) precluding ammonium nitrate 
fertilizer or ammonium nitrate mixed fertilizer from being a Class 1 
(explosive).
    2. The current limitation on the use of abbreviations in Sec. Sec.  
171.11, 171.12 and 171.12a.
    3. The current prohibition in Sec.  171.12a(b)(6) from displaying a 
product identification number (PIN) preceding a UN number because it is 
no longer authorized in the TDG Regulations.
    4. The requirement in Sec.  171.12a(b)(5)(vi) that shipping papers 
for shipments of anhydrous ammonia contain an indication that the 
markings, labels and placards have been applied in conformance with the 
TDG Regulations. Because of our proposal, discussed below, to require 
an indication on shipping papers of the regulation utilized for the 
shipment, this is no longer necessary.

B. Division 6.1 PG II and III Limited Quantity Labeling Requirements

    We are proposing to indicate that Division 6.1 materials 
transported as limited quantities are not excepted from labeling when 
shipped to, from, or within the United States under the ICAO Technical 
Instructions, IMDG Code, or TDG Regulations.

C. Entering an Indication of the Transport Standard or Regulation Used 
on Shipping Papers

    In proposed new paragraphs (g)(4) in Sec.  171.22 and (p) in Sec.  
172.203, we propose to require shipping papers to include an indication 
of the international transport standard or regulation (ICAO, IMDG, TDG 
or IAEA) under which the hazardous materials are being transported. 
Identifying the particular transport standard or regulation that is 
being used will expedite shipments by providing on-the-spot information 
to inspectors, carrier personnel and freight forwarders. Moreover, 
under the provisions in the ICAO Technical Instructions, IMDG Code, TDG 
Regulations or IAEA Regulations as authorized, the material preparation 
or transport requirements may vary in some respect from the detailed 
requirements of the HMR. Requiring an indication on the shipping paper 
that the shipment was prepared or is being transported under the 
provisions of an authorized transport standard or regulation provides 
the shipper a practical and easily recognizable means to communicate 
this fact to all interested parties in the transportation chain.
    In addition, we are proposing to require the shipper to provide a 
``shipper's certification'' as required by Sec.  172.204 of the HMR for 
all shipments into the United States. The TDG Regulations do not 
require such a certification. The certification is necessary for 
determining who has responsibility for compliance with the requirements 
of the HMR.

D. Use of IMO Type 5 Tanks

    In this NPRM, we are proposing in Sec.  171.24 to clarify the 
conditions under which IMO Type 5 tanks are authorized. An IMO Type 5 
tank is only authorized when specifically identified in the applicable 
packaging section of the HMR. If an IMO Type 5 tank is not specifically 
listed as an authorized packaging, the portable tank must meet DOT 51 
or UN portable tank requirements.

E. Bulk Shipments to Canada

    In Sec.  171.12a, the use of the TDG Regulations includes the 
return to Canada of empty bulk packages containing only a residue of 
the hazardous materials initially imported into the United States. We 
are proposing in new Sec.  171.26 to expand this authorization to 
permit the use of bulk packagings authorized in the TDG regulations to 
transport hazardous materials while returning to Canada from the United 
States.
    PHMSA and Transport Canada compared the cargo tank, rail tank car 
and portable tank requirements in the HMR and the TDG Regulations. The 
Canadian cargo tank motor vehicle and portable tank requirements are 
incorporated in the Canadian Standards Board (CSA) B620, B621 and B622 
(2003 editions) standards and the rail tank car requirements are in the 
Canadian General Standards Board (CGSB) standard, CGSB-43.147 for the 
``Construction, Modification, Qualification, Maintenance and selection 
and Use of Rail Tank Cars,'' March 2002. These standards provide a 
level of safety that is equivalent to that established in the HMR for 
cargo tank trucks, portable tanks, and rail tank cars.

[[Page 4547]]

    Our proposed expansion of authorization for use of the TDG 
Regulations in the United States provides additional flexibility and is 
consistent with the reciprocity afforded to DOT specification bulk 
packagings in the TDG Regulations. As part of this proposed revision, 
we are amending the HMR to clarify the parts of the HMR applicable to 
Canadian specification bulk packagings (e.g., material authorizations 
in the Sec.  172.101 Hazardous Materials Table (HMT) Special Provision 
B Codes, material specific requirements in part 173, operational 
requirements in parts 174 and 177 for rail and motor vehicle 
transportation, and periodic testing and inspection requirements in 
part 180).
    We are also requesting comments concerning whether we should expand 
reciprocity and allow the unrestricted use in the United States of 
cargo tanks, rail tank cars, and portable tanks built to Canadian 
specifications as Canada permits unrestricted use of similar packagings 
built to U.S. specifications. Comments should address whether there are 
safety or operational considerations we should examine before expanding 
reciprocal treatment beyond the amendments we propose in this NPRM.
    We are proposing to remove the statement currently in Sec.  
171.12a(a) concerning TDG reciprocal provisions for U.S. shipments. The 
statement is not regulatory in nature and, thus, is not appropriate for 
inclusion in the HMR. We also propose to remove the information 
currently contained in Sec.  171.12a(b) that tells the reader how to 
obtain copies of the Canadian TDG Regulations; this is covered in the 
Reference Material provisions of Sec.  171.7.

F. Combustible Liquids

    When packaged in non-bulk packagings, a material with a flashpoint 
of 38 [deg]C (100 [deg]F) or more but less than 60.5 [deg]C (141 
[deg]F) may be classed as a combustible liquid under the HMR. Such 
materials are not subject to the provisions of the HMR when transported 
by highway or rail. However, these same materials are regulated as 
flammable liquids when transported by vessel in accordance with the 
IMDG Code or by air under the ICAO Technical Instructions. We are 
proposing to include a statement indicating that a material 
reclassified as a combustible liquid under the HMR may require 
classification as a flammable liquid when offered for transportation or 
transported internationally.
    A material with a flashpoint greater than 60.5 [deg]C (141 [deg]F) 
is not regulated as a hazardous material under the ICAO Technical 
Instructions or the IMDG Code; however, a material with a flashpoint 
between 60.5 [deg]C (141 [deg]F) and 93 [deg]C (200 [deg]F) is 
regulated as a combustible liquid under the HMR. When transported in 
bulk packages, a combustible liquid must be placarded with a 
COMBUSTIBLE placard (see Sec.  172.544). The COMBUSTIBLE placard is not 
recognized overseas; thus, shipments prepared to comply with the HMR 
may be frustrated internationally by inspectors and enforcement 
personnel who are not familiar with the U.S. requirements. To avoid 
such frustration, shippers and carriers may remove the COMBUSTIBLE 
placard prior to placing the shipment on board a vessel for overseas 
shipment. However, these efforts are complicated by the requirement for 
the COMBUSTIBLE placard to remain on bulk packages while in the United 
States. Shipments originating overseas and bound for the United States 
encounter a similar problem when the shipment arrives in the United 
States, and the COMBUSTIBLE placard must be affixed prior to the 
shipment's movement. Therefore, in this NPRM, we are proposing an 
exception from placarding for bulk shipments of combustible liquids in 
port areas.

IV. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    Under Sec.  5120(b) of Federal hazmat law, the Secretary of 
Transportation must ensure that, to the extent practicable, regulations 
governing the transportation of hazardous materials in commerce are 
consistent with standards adopted by international authorities. We are 
proposing revisions to the requirements authorizing the use of 
international standards and regulations in the United States. The 
continually increasing amount of hazardous materials transported in 
international commerce warrants harmonization of domestic and 
international requirements to the greatest extent possible. 
Harmonization serves to facilitate international transportation; at the 
same time, harmonization ensures the safety of people, property, and 
the environment by reducing the potential for confusion and 
misunderstanding that could result if shippers and transporters were 
required to comply with two or more conflicting sets of regulatory 
requirements.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. This proposed rule is a non-
significant rule under the Regulatory Policies and Procedures of the 
Department of Transportation [44 FR 11034].
    This proposed rule reorganizes and clarifies the conditions and 
limitations on the use of international standards and regulations for 
transporting hazardous materials in the United States. The proposed 
rule also removes unnecessary and outdated requirements and includes 
provisions to increase shipper flexibility for the transport of 
hazardous materials to Canada. The proposed rule includes a new 
requirement for shipping papers to include an indication of the 
international standard or regulation being used; the impact of this new 
requirement is expected to be minimal.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). Any rule resulting from this rulemaking will preempt 
State, local and Indian tribe requirements but will not have 
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. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The Federal hazmat law contains an express preemption provision (49 
U.S.C. 5125(b)) that preempts State, local, and Indian tribe 
requirements on certain covered subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials 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 materials; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified

[[Page 4548]]

for use in transporting hazardous material.
    This proposed rule addresses covered subject items (1), (2), (3), 
and (5) above and would preempt State, local, and Indian tribe 
requirements not meeting the ``substantively the same'' standard. 
Federal hazmat law provides at section 5125(b)(2) that, if DOT issues a 
regulation concerning any of the covered subjects, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of a final rule and not later than two 
years after the date of issuance. The proposed effective date of 
Federal preemption for this rule is (90 days after publication of a 
final rule).

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this proposed 
rule does not have tribal implications, does not impose substantial 
direct compliance costs, and is required by statute, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. While the 
requirements in this NPRM apply to a substantial number of small 
entities, there will not be a significant economic impact on those 
small entities.
    Identification of potentially affected small entities. Businesses 
likely to be affected by the rule are persons who offer for 
transportation or transport hazardous materials in commerce, including 
hazardous materials manufacturers and distributors; transportation 
companies, including air, highway, rail, and vessel carriers; hazardous 
waste generators; and container and packaging manufacturers.
    Unless alternative definitions have been established by the agency 
in consultation with the Small Business Administration (SBA), the 
definition of ``small business'' has the same meaning as under the 
Small Business Act. Since no such special definition has been 
established, we employ the thresholds published by SBA for 
establishments that will be subject to the proposed amendments if 
adopted. Based on data for 1997 compiled by the U.S. Census Bureau, 
upwards of 95 percent of persons that would be affected by this rule 
are small businesses.
    Reporting and recordkeeping requirements. This proposed rule 
includes no new requirements for reporting or recordkeeping.
    Related Federal rules and regulations. There are no related Federal 
rules or regulations governing the transportation of hazardous 
materials in domestic or international commerce.
    Alternate proposals for small businesses. The Regulatory 
Flexibility Act directs agencies to establish exceptions and differing 
compliance standards for small businesses, where it is possible to do 
so and still meet the objectives of applicable regulatory statutes. In 
the case of hazardous materials transportation, it is not possible to 
establish exceptions or differing standards and still accomplish our 
safety objectives.
    Conclusion. While the proposed rule would apply to a substantial 
number of small entities, there will not be a significant impact on 
those entities. This proposed rule reorganizes and clarifies the 
conditions and limitations on the use of international standards and 
regulations for transporting hazardous materials in the United States. 
The proposed rule also removes unnecessary and outdated requirements 
and includes provisions to increase shipper flexibility for the 
transport of hazardous materials to Canada. The proposed rule adds a 
requirement for shipping papers to include an identification of the 
international standard or regulation being used; the impact of this new 
requirement is expected to be minimal.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    This NPRM may result in a minimal increase in information 
collection and recordkeeping burden under OMB Control Number 2137-0034, 
due to changes to the HMR requiring shipping papers to include an 
indication of the international transport standard or regulation (ICAO, 
IMDG, TDG or IAEA) under which the hazardous materials are being 
transported. PHMSA currently has an approved information collection 
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping 
Papers & Emergency Response Information'' with 6,500,000 burden hours 
and expires on May 31, 2008.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
PHMSA to provide interested members of the public and affected agencies 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies a new information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this proposed rule.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.
    Written comments should be addressed to the Dockets Unit as 
identified in the ADDRESSES section of this rulemaking. We must receive 
comments regarding information collection burdens prior to the close of 
the comment period identified in the DATES section of this rulemaking. 
Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it displays a valid OMB 
control number.

G. 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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This proposed 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.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires 
Federal agencies to consider the consequences of major Federal actions 
and prepare a detailed statement on actions significantly affecting the 
quality of the human environment.
    We regulate hazardous materials transported by aircraft, vessel, 
rail, and highway. The potential for

[[Page 4549]]

environmental damage or contamination exists when packages of hazardous 
materials are involved in accidents or en route incidents resulting 
from cargo shifts, valve failures, package failures, or loading, 
unloading, or handling problems. The ecosystems that could be affected 
by a release include air, water, soil, and ecological resources (for 
example, wildlife habitats). The adverse environmental impacts 
associated with releases of most hazardous materials are short-term 
impacts that can be greatly reduced or eliminated through prompt clean 
up of the accident scene. Most hazardous materials are not transported 
in quantities sufficient to cause significant, long-term environmental 
damage if they are released.
    The hazardous material regulatory system is a risk management 
system that is prevention oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous material 
release. Hazardous materials are categorized by hazard analysis and 
experience into hazard classes and packing groups. The regulations 
require each shipper to classify a material in accordance with these 
hazard classes and packing groups; the process of classifying a 
hazardous material is itself a form of hazard analysis. Further, the 
regulations require the shipper to communicate the material's hazards 
through use of the hazard class, packing group, and proper shipping 
name on the shipping paper and the use of labels on packages and 
placards on transport vehicles. Thus the shipping paper, labels, and 
placards communicate the most significant findings of the shipper's 
hazard analysis. A hazardous material is assigned to one of three 
packing groups based upon its degree of hazard, from a high hazard, 
Packing Group I to a low hazard, Packing Group III material. The 
quality, damage resistance, and performance standards of the packaging 
in each packing group are appropriate for the hazards of the material 
transported.
    The proposals in this NPRM will improve the effectiveness of the 
HMR by clarifying the conditions under which international transport 
standards and regulations may be used for shipments transported in the 
United States. When used as authorized in this NPRM, the international 
standards and regulations provide an equivalent level of safety and 
environmental protection as the HMR. Thus, there are no significant 
environmental impacts associated with this proposed rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78), which may also be found at https://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by 
reference, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 is revised to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 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.

    2. In part 171, Sec. Sec.  171.1 through 171.14 are designated as 
subpart A and a new subpart A heading is added immediately before Sec.  
171.1 to read as follows:

Subpart A--Applicability and General Requirements

* * * * *


Sec.  171.7  [Revised]

    3. In Sec.  171.7, in paragraph (a)(3), in the Table of Material 
Incorporated by Reference, the following changes are made:
    a. The entry ``Canadian General Standards Board'' is added in 
alphabetical order.
    b. The entry ``Canadian Standards Association'' is added in 
alphabetical order.
    c. Under the entry ``International Atomic Energy Agency (IAEA),'' 
in the entry ``IAEA, Regulations for the Safe Transport of Radioactive 
Material, 1996 Edition (Revised), No. TS-R-1 (ST-1, Revised)'', in the 
second column, remove ``171.12'' and add ``171.22, 171.27'' in its 
place.
    d. Under the entry ``International Civil Aviation Organization 
(ICAO)'', in the entry ``Technical Instructions for the Safe Transport 
of Dangerous Goods by Air (ICAO Technical Instructions), 2005-2006 
Edition'', in the second column, remove ``171.11'' and add ``171.22, 
171.23, 171.24'' in its place.
    e. Under the entry ``International Maritime Organization (IMO)'', 
in the entry ``International Maritime Dangerous Goods (IMDG) Code, 2004 
Edition, Incorporating Amendment 32-04 (English Edition), Volumes 1 and 
2'', in the second column, remove ``171.12'' and add ``171.22, 171.23, 
171.25'' in its place.
    f. Under the entry ``Transport Canada'', revise the entire entry 
for ``Transportation of Dangerous Goods (TDG) Regulations, August 2001 
including Clear Language Amendments SOR/2001-286, Amendment 1 (SOR/
2001-306) August 8, 2002; Amendment 2 (SOR/2003-273) July 24, 2003; and 
Amendment 3 (SOR/2003-400) December 3, 2003''.
    The amendments read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

[[Page 4550]]



------------------------------------------------------------------------
           Source and name of material               49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
 Canadian General Standards Board, Place du
 Portage III, 6B1 11 Laurier Street, Gatineau,
 Quebec, Canada K1A 1G6
    National Standard of Canada (CAN/CGSB 43.147- 171.26
     2005) Construction, Modification,
     Qualification, Maintenance, and Selection
     and Use of Means of Containment for the
     Handling, Offering for Transport, or
     Transportation of Dangerous Goods by Rail.
 Canadian Standards Association, 5060 Spectrum
 Way, Mississauga, Ontario, Canada L4W 5N6
    CSA Standard B620-2003, Highway Tanks and     171.26
     Portable Tanks for the Transportation of
     Dangerous Goods, July 2003.
 
                              * * * * * * *
 Transport Canada * * *
    Transportation of Dangerous Goods (TDG)       171.22; 171.23;
     Regulations, August 2001 including Clear      171.26; 172.401;
     Language Amendments SOR/2001-286, Amendment   172.502; 172.519;
     1 (SOR/2002-306) August 8, 2002; Amendment    172.602; 173.301.
     2 (SOR/2003-273) July 24, 2003; Amendment 3
     (SOR/2003-400) December 3, 2003; and
     Amendment 5 (SOR/2005-279) September 21,
     2005.
 
                              * * * * * * *
------------------------------------------------------------------------

Sec. Sec.  171.11; 171.12; and 171.12a  [Removed and Reserved]

    4. Remove and reserve Sec. Sec.  171.11; 171.12; and 171.12a.
    5. In part 171, Sec. Sec.  171.15 through 171.21 are designated as 
subpart B and a new subpart B heading is added immediately before Sec.  
171.15 to read as follows:

Subpart B--Incident Reporting, Notification, BOE Approvals and 
Authorization

* * * * *
    6. In Part 171, new Subpart C is added to read as follows:

Subpart C--Authorization and Requirements for the Use of 
International Transport Standards and Regulations

Sec.
171.22 Authorization and conditions for the use of international 
standards and regulations.
171.23 Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, 
Canada's TDG Regulations, or the IAEA regulations.
171.24 Additional requirements for the use of the ICAO Technical 
Instructions.
171.25 Additional requirements for the use of the IMDG Code.
171.26 Additional requirements for the use of Canada's TDG 
Regulations.
171.27 Additional requirements for the use of the IAEA Regulations.
171.28 Shipments to or from Mexico.


Sec.  171.22  Authorization and conditions for use of international 
standards and regulations.

    (a) Authorized international standards and regulations. This 
subpart authorizes, with certain conditions and limitations, the 
offering for transportation and the transportation in commerce of 
hazardous materials to, from, or within the United States in accordance 
with the International Civil Aviation Organization's Technical 
Instructions for the Transport of Dangerous Goods by Air (ICAO 
Technical Instructions), the International Maritime Dangerous Goods 
Code (IMDG Code), the Canadian Transportation of Dangerous Goods 
Regulations (TDG Regulations), and the International Atomic Energy 
Agency Regulations for the Safe Transport of Radioactive Material (IAEA 
Regulations) (IBR, see Sec.  171.7 of this subchapter).
    (b) Compliance. No person may offer for transportation or transport 
a hazardous material in commerce in the United States in accordance 
with the ICAO Technical Instructions, the IMDG Code, Canada's TDG 
Regulations, or the IAEA Regulations unless the hazardous materials is 
offered for transportation and transported in accordance with this 
subpart.
    (c) Limitations on the use of international standards and 
regulations. A person may offer for transportation or transport a 
hazardous material in accordance with the international standards and 
regulations authorized in paragraph (a) of this section provided:
    (1) The hazardous material is subject to the requirements of the 
applicable international standard or regulation and is offered for 
transportation or transported in conformance with the applicable 
standard or regulation; and
    (2) The shipment conforms to all applicable requirements of this 
subpart.
    (d) Materials excepted from regulation under international 
standards and regulations. A material designated as a hazardous 
material under this subchapter, but excepted from or not subject to the 
international transport standards and regulations authorized in 
paragraph (a) of this section (e.g., paragraph 1.16 of the TDG 
Regulations excepts from regulation quantities of hazardous materials 
less than or equal to 500 kg gross transported by rail) must be 
transported in accordance with all applicable requirements of this 
subchapter.
    (e) Materials not regulated under this subchapter. Materials not 
designated as hazardous materials under this subchapter but regulated 
by an international transport standard or regulation authorized in 
paragraph (a) of this section may be offered for transportation and 
transported in the United States in full compliance (i.e., packaged, 
marked, labeled, classed, described, stowed, segregated, secured, etc.) 
with the applicable international transport standard or regulation.
    (f) Forbidden materials. No person may offer for transportation or 
transport a hazardous material that is a forbidden material or package 
as designated in:
    (1) Section 173.21 of this subchapter;
    (2) Column (3) of the Sec.  172.101 Table of this subchapter;
    (3) Column (9A) of the Sec.  172.101 Table of this subchapter when 
offered for transportation or transported on passenger aircraft or 
railcar; or
    (4) Column (9B) of the Sec.  172.101 Table of this subchapter when 
offered for transportation or transported by cargo aircraft.
    (g) Complete information and certification. (1) Except for 
shipments into the United States from Canada conforming to Sec.  
171.26, each person importing a hazardous material into the United 
States must provide the forwarding agent at the place of entry into the 
United States with timely and complete written information as to the 
requirements of this subchapter applicable to the particular shipment.

[[Page 4551]]

    (2) The shipper, directly or through the forwarding agent at the 
place of entry, must provide the initial U.S. carrier with the 
shipper's certification required by Sec.  172.204 of this subchapter. A 
carrier may not accept a hazardous material for transportation unless 
provided a shipper's certification.
    (3) All shipping paper information and package markings required in 
accordance with this subchapter must be in English. The use of shipping 
papers and a package marked with both English and a language other than 
English, in order to dually comply with this subchapter and the 
regulations of a foreign entity, is permitted under this subchapter.
    (4) A shipping paper must include the letters ``ICAO'' for a 
hazardous material offered for transportation in accordance with the 
ICAO Technical Instructions; ``IMDG'' for a hazardous material offered 
for transportation in accordance with the IMDG Code; ``TDG'' for a 
hazardous material offered for transportation in accordance with 
Canada's TDG Regulations; or ``IAEA'', for a hazardous material offered 
for transportation in accordance with the IAEA Regulations.
    (5) Each person who provides or receives a shipping paper must 
retain a copy of the shipping paper or an electronic image thereof that 
is accessible at or through its principal place of business in 
accordance with Sec.  172.201(e) of this part.
    (h) Additional requirements for the use of international standards 
and regulations. All shipments offered for transportation or 
transported in the United States in accordance with this subpart must 
conform to the following requirements of this subchapter, as 
applicable:
    (1) The emergency response information requirements in subpart G of 
part 172 of this subchapter;
    (2) The training requirements in subpart H of part 172 of this 
subchapter, including function-specific training in the use of the 
international transport standards and regulations authorized in 
paragraph (a) of this section, as applicable;
    (3) The security requirements in subpart I of part 172 of this 
subchapter;
    (4) The incident reporting requirements in Sec. Sec.  171.15 and 
171.16 of this part for incidents occurring within the jurisdiction of 
the United States including on board vessels in the navigable waters of 
the United States and aboard aircraft of United States registry 
anywhere in air commerce;
    (5) For export shipments, the general packaging requirements in 
Sec. Sec.  173.24 and 173.24a of this subchapter;
    (6) The requirements for the reuse, reconditioning, and 
remanufacture of packagings in Sec.  173.28 of this subchapter; and
    (7) The registration requirements in subpart G of part 107 of this 
chapter.


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Canada's 
TDG Regulations, or the IAEA Regulations.

    All shipments offered for transportation or transported in the 
United States under the ICAO Technical Instructions, IMDG Code, 
Canada's TDG Regulations, or the IAEA Regulations must conform to the 
requirements of this section, as applicable.
    (a) Conditions and requirements for cylinders. Except as provided 
in this subchapter, a filled non-DOT specification cylinder, other than 
a DOT exemption cylinder or a cylinder used as a fire extinguisher in 
conformance with Sec.  173.309 of this subchapter, may not be offered 
for transportation or transported to, from, or within the United 
States. A cylinder manufactured to other than a DOT specification and 
certified as being in conformance with the transportation standards of 
another country may be authorized for transportation within a single 
port, upon written request to, and approval by, the Associate 
Administrator provided the following requirements are met:
    (1) The cylinder must be transported in a closed freight container;
    (2) The cylinder is certified by the importer to provide a level of 
safety at least equivalent to that required by the requirements in this 
subchapter for a comparable DOT specification cylinder; and
    (3) The cylinder is not refilled for export unless in compliance 
with filling of non-DOT specification cylinder requirements of this 
subpart for export by any mode of transportation.
    (b) Conditions and requirements specific to certain materials. (1) 
Aerosols. Except for a limited quantity of a compressed gas in a 
container of not more than 4 fluid ounces capacity meeting the 
requirements in Sec.  173.306(a)(1) of this subchapter, the use of the 
proper shipping name ``Aerosol,'' UN1950, may be used only for a non-
refillable receptacle containing a gas compressed, liquefied, or 
dissolved under pressure, the sole purpose of which is to expel a 
nonpoisonous (other than Division 6.1, Packing Group III material) 
liquid, paste, or powder and fitted with a self-closing release device 
(see Sec.  171.8). In addition, an aerosol must be in a metal packaging 
when the packaging exceeds 7.22 cubic inches.
    (2) Air bag inflator, air bag module and seat-belt pretensioner. 
For each approved air bag inflator, air bag module and seat-belt 
pretensioner, the shipping paper description must conform to the 
requirements in Sec.  173.166(c) of this subchapter:
    (i) The EX number or product code must be included in association 
with the basic shipping description. When a product code is used, it 
must be traceable to the specific EX number assigned to the inflator, 
module or seat-belt pretensioner by the Associate Administrator. The EX 
number or product code is not required to be marked on the outside 
package.
    (ii) The proper shipping name ``Articles, pyrotechnic for technical 
purposes, UN0431'' must be used for all air bag inflators, air bag 
modules, and seat-belt pretensioners meeting the criteria for a 
Division 1.4G material.
    (3) Chemical oxygen generators. Chemical oxygen generators must be 
approved, classed, described, packaged, and transported in accordance 
with the requirements of this subchapter.
    (4) Class 1 (explosive) materials. Prior to being transported, 
Class 1 (explosive) materials must be approved by the Associate 
Administrator in accordance with Sec.  173.56 of this subchapter. Each 
package containing a Class 1 (explosive) material must conform to the 
marking requirements in Sec.  172.320 of this subchapter.
    (5) Combustible liquids. A Class 3 material with a flashpoint of at 
least 38 [deg]C (100 [deg]F) but less than 60.5 [deg]C (141 [deg]F) 
that is authorized to be reclassified as a combustible liquid in 
accordance with Sec.  173.150(f) of this subchapter should be packaged, 
described, marked, labeled and certified as a flammable liquid when 
offered for transportation or transported in accordance with the ICAO 
Technical Instructions, IMDG Code, or Canada's TDG Regulations.
    (6) Hazardous substances. Except for Class 7 (radioactive) 
materials, a material meeting the definition of a hazardous substance 
as defined in Sec.  171.8, must conform to the shipping paper 
requirements in Sec.  172.203(c) of this subchapter and the marking 
requirements in Sec.  172.324 of this subchapter:
    (i) The proper shipping name must identify the hazardous substance 
by name, or the name of the substance must be entered in parentheses in 
association with the basic description and marked on the package in 
association with the proper shipping name. If the hazardous substance 
meets the definition for a hazardous waste, the

[[Page 4552]]

waste code (for example, D001), may be used to identify the hazardous 
substance;
    (ii) The shipping paper and the package markings must identify at 
least two hazardous substances with the lowest reportable quantities 
(RQs) when the material contains two or more hazardous substances; and
    (iii) The letters ``RQ'' must be entered on the shipping paper 
either before or after the basic description, and marked on the package 
in association with the proper shipping name for each hazardous 
substance listed.
    (7) Hazardous wastes. A material meeting the definition of a 
hazardous waste (see Sec.  171.8) must conform to the following:
    (i) The shipping paper and the package markings must include the 
word ``Waste'' immediately preceding the proper shipping name;
    (ii) The shipping paper must be retained by the shipper and by each 
carrier for three years after the material is accepted by the initial 
carrier (see Sec.  172.205(e)(5)); and
    (iii) A hazardous waste manifest must be completed in accordance 
with Sec.  172.205 of this subchapter.
    (8) Marine pollutants. Except for marine pollutants (see Sec.  
171.8) transported in accordance with the IMDG Code, marine pollutants 
transported in bulk packages must meet the shipping paper requirements 
in Sec.  172.203(l) of this subchapter and the package marking 
requirements in Sec.  172.322 of this subchapter.
    (9) Organic peroxides. Organic peroxides not identified by 
technical name in the Organic Peroxide Table in Sec.  173.225(b) of 
this subchapter must be approved by the Associate Administrator in 
accordance with Sec.  173.128(d) of this subchapter.
    (10) Poisonous materials, Division 6.1. (i) For liquid or solid 
poisonous materials meeting the definition of Division 6.1, Packing 
Group I or II, the word ``Poison'' or ``Toxic'' must be included on the 
shipping paper in association with the basic description when the 
shipping name or hazard class does not describe the material as a 
poison or toxic material.
    (ii) Division 6.1 hazardous materials transported as limited 
quantities are not excepted from labeling (see Sec.  173.153(b)).
    (11) Poisonous by inhalation materials. A material poisonous by 
inhalation (see Sec.  171.8) must conform to the following 
requirements:
    (i) The words ``Poison-Inhalation Hazard'' or ``Toxic-Inhalation 
Hazard'' and the words ``Zone A,'' ``Zone B,'' ``Zone C,'' or ``Zone 
D'' for gases, or ``Zone A'' or ``Zone B'' for liquids, as appropriate, 
must be entered on the shipping paper immediately following the basic 
shipping description. The word ``Poison'' or ``Toxic'' or the phrase 
``Poison-Inhalation Hazard'' or ``Toxic-Inhalation Hazard'' need not be 
repeated if it otherwise appears in the shipping description;
    (ii) The material must be packaged in accordance with the 
requirements of this subchapter;
    (iii) The package must be marked in accordance with Sec.  172.313 
of this subchapter; and
    (iv) The package must be labeled or placarded with POISON 
INHALATION HAZARD or POISON GAS, as appropriate, in accordance with 
Subparts E and F of Part 172 of this subchapter.
    (A) For a package transported in accordance with the IMDG Code in a 
closed transport vehicle or freight container, a label or placard 
conforming to the IMDG Code specifications for a ``Class 2.3'' or 
``Class 6.1'' label or placard may be substituted for the POISON GAS or 
POISON INHALATION HAZARD label or placard, as appropriate. The 
transport vehicle or freight container must be marked with the 
identification numbers for the hazardous material, regardless of the 
total quantity contained in the transport vehicle or freight container, 
in the manner specified in Sec.  172.313(c) of this subchapter and 
placarded as required by subpart F of part 172 of this subchapter.
    (B) For a package transported in accordance with Canada's TDG 
Regulations in a closed transport vehicle or freight container, a label 
or placard conforming to the TDG Regulations specifications for a 
``Class 2.3'' or ``Class 6.1'' label or placard may be substituted for 
the POISON GAS or POISON INHALATION HAZARD label or placard, as 
appropriate. The transport vehicle or freight container must be marked 
with the identification numbers for the hazardous material, regardless 
of the total quantity contained in the transport vehicle or freight 
container, in the manner specified in Sec.  172.313(c) of this 
subchapter and placarded as required by subpart F of part 172 of this 
subchapter. While in transportation in the United States, the transport 
vehicle or freight container may also be placarded in accordance with 
the appropriate TDG Regulations in addition to being placarded with the 
POISON GAS or POISON INHALATION HAZARD placards.
    (12) Class 7 (radioactive) materials. (i) Highway route controlled 
quantities (see Sec.  173.403 of this subchapter) must be shipped in 
accordance with Sec. Sec.  172.203(d)(4) and (d)(10); 172.507, and 
173.22(c) of this subchapter;
    (ii) For fissile materials and Type B, Type B(U), and Type B(M) 
packagings, the competent authority certification and any necessary 
revalidation must be obtained from the appropriate competent 
authorities as specified in Sec. Sec.  173.471, 173.472, and 173.473 of 
this subchapter, and all requirements of the certificates and 
revalidations must be met;
    (iii) Type A package contents are limited in accordance with Sec.  
173.431 of this subchapter;
    (iv) The country of origin for the shipment must have adopted the 
edition of TS-R-1 of the IAEA Regulations referenced in Sec.  171.7;
    (v) The shipment must conform to the requirements of Sec.  173.448, 
when applicable;
    (vi) The definition for ``radioactive material'' in Sec.  173.403 
of this subchapter must be applied to radioactive materials transported 
under the provisions of this subpart;
    (vii) Except for limited quantities, the shipment must conform to 
the requirements of Sec.  172.204(c)(4) of this subchapter; and
    (viii) Excepted packages of radioactive material, instruments or 
articles, or articles containing natural uranium or thorium must 
conform to the requirements of Sec. Sec.  173.421, 173.424, or 173.426 
of this subchapter, as appropriate.
    (13) Self-reactive materials. Self-reactive materials not 
identified by technical name in the Self-reactive Materials Table in 
Sec.  173.224(b) of this subchapter must be approved by the Associate 
Administrator in accordance with Sec.  173.124(a)(2)(iii) of this 
subchapter.


Sec.  171.24  Additional requirements for the use of the ICAO Technical 
Instructions.

    (a) A hazardous material may be offered for transportation or 
transported within the United States by aircraft, and by motor vehicle 
or rail either before or after being transported by aircraft in 
accordance with the ICAO Technical Instructions (IBR; see Sec.  171.7), 
as authorized in paragraph (a) of Sec.  171.22, provided the 
requirements in Sec.  171.22, as applicable, and this section are met.
    (b) Any person who offers for transportation or transports a 
hazardous material in accordance with the ICAO Technical Instructions 
must conform to the following additional conditions and requirements:
    (1) All applicable requirements in parts 171 and 175 of this 
subchapter (also see 14 CFR 121.135, 121.401,

[[Page 4553]]

121.433a, 135.323, 135.327 and 135.333);
    (2) The quantity limits prescribed in the ICAO Technical 
Instructions for transportation by passenger-carrying or cargo 
aircraft, as applicable;
    (3) The conditions or requirements of a United States variation, 
when specified in the ICAO Technical Instructions.
    (c) Highway transportation. For transportation by highway prior to 
or after transportation by aircraft, a shipment must conform to the 
applicable requirements of part 177 of this subchapter, and the motor 
vehicle must be placarded in accordance with subpart F of part 172.
    (d) Conditions and requirements specific to certain materials. 
Hazardous materials offered for transportation or transported in 
accordance with the ICAO Technical Instructions must conform to the 
following specific conditions and requirements, as applicable:
    (1) Batteries. (i) Nonspillable wet electric storage batteries. 
Nonspillable wet electric storage batteries are not subject to the 
requirements of this subchapter provided:
    (A) The battery meets the conditions specified in Special Provision 
67 of the ICAO Technical Instructions;
    (B) The battery, its outer packaging, and any overpack are plainly 
and durably marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY''; and
    (C) The batteries or battery assemblies are offered for 
transportation or transported in a manner that prevents short 
circuiting or forced discharge, including, but not limited to, 
protection of exposed terminals.
    (ii) Primary lithium batteries and cells. Primary lithium batteries 
and cells may not be transported aboard passenger carrying aircraft. 
Equipment containing or packed with primary lithium batteries or cells 
may not be transported aboard passenger-carrying aircraft except as 
provided in Sec.  172.102, Special Provision A101 or A103, of this 
subchapter. Except for primary lithium batteries and cells contained in 
or packed with equipment, packagings containing primary lithium 
batteries and cells meeting the exceptions in Sec.  173.185(b) and (c) 
of this subchapter must be marked ``PRIMARY LITHIUM BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' and may be 
transported aboard cargo-only aircraft.
    (iii) Prototype lithium batteries and cells. Prototype lithium 
batteries and cells are forbidden for transport aboard passenger 
aircraft and must be approved by the Associate Administrator prior to 
transportation aboard cargo aircraft, in accordance with the 
requirements of Special Provision A55 in Sec.  172.102 of this 
subchapter.
    (2) Oxygen cylinders. A cylinder containing ``Oxygen, compressed'' 
may not be transported aboard a passenger-carrying aircraft, or in an 
inaccessible cargo location aboard a cargo-only aircraft, unless it is 
packaged as required by parts 173 and 178 of this subchapter and is 
placed in an overpack or outer packaging that satisfies the 
requirements of Special Provision A52 in Sec.  172.102.


Sec.  171.25  Additional requirements for the use of the IMDG Code.

    (a) A hazardous material may be offered for transportation or 
transported to, from, or within the United States by vessel, and by 
motor carrier and rail in accordance with the IMDG Code (IBR; see Sec.  
171.7 of this subchapter), as authorized in Sec.  171.22, provided all 
or part of the transportation is by vessel and the requirements in 
Sec.  171.22, as applicable, and this section are met.
    (b) Any person who offers for transportation or transports a 
hazardous material in accordance with the IMDG Code must conform to the 
following additional conditions and requirements:
    (1) Unless otherwise excepted, a shipment must conform to the 
requirements in part 176 of this subchapter. For transportation by rail 
or highway prior to or subsequent to transportation by vessel, a 
shipment must conform to the applicable requirements of parts 174 and 
177 respectively, of this subchapter, and the motor vehicle or rail car 
must be placarded in accordance with subpart F of part 172 of this 
subpart. When a hazardous material regulated by this subchapter for 
transportation by highway is transported by motor vehicle on a public 
highway under the provisions of this subpart, the segregation 
requirements of part 7, Chapter 2 of the IMDG Code are authorized.
    (2) The stowage and segregation requirements in part 7 of the IMDG 
Code may be substituted for the stowage and segregation requirements in 
part 176 of this subchapter.
    (c) Conditions and requirements for bulk packagings. Except for 
IBCs and UN portable tanks used for the transportation of liquids or 
solids, the bulk packaging requirements of this subchapter must be met. 
Additionally, the following requirements apply:
    (1) UN portable tanks must conform to the requirements in Special 
Provisions TP37, TP38, TP44 and TP45 when applicable, and any 
applicable bulk special provisions assigned to the hazardous material 
in the Hazardous Materials Table in Sec.  172.101 of this subchapter;
    (2) IMO Type 5 portable tanks must conform to DOT Specification 51 
or UN portable tank requirements, unless specifically authorized in 
this subchapter or approved by the Associate Administrator;
    (3) Except as specified in this subpart, for a material poisonous 
(toxic) by inhalation, the T Codes specified in Column 13 of the 
Dangerous Goods List in the IMDG Code may be applied to the 
transportation of those materials in IM, IMO and DOT Specification 51 
portable tanks, when these portable tanks are authorized in accordance 
with the requirements of this subchapter; and
    (4) No person may offer an IM or UN portable tank containing liquid 
hazardous materials of Class 3, PG I or II, or PG III with a flash 
point less than 100 Sec.  F (38 Sec.  C); Division 5.1, PG I or II; or 
Division 6.1, PG I or II, for unloading while it remains on a transport 
vehicle with the motive power unit attached, unless it conforms to the 
requirements in Sec.  177.834(o) of this subchapter.
    (d) Use of IMDG