Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions, 51894-51928 [06-7200]
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51894
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
178 and 180
[Docket No. PHMSA–06–25476 (HM–215I)]
RIN 2137–AE16
Hazardous Materials: Harmonization
With the United Nations
Recommendations, International
Maritime Dangerous Goods Code, and
International Civil Aviation
Organization’s Technical Instructions
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
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AGENCY:
SUMMARY: PHMSA proposes to amend
the Hazardous Materials Regulations to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations and vessel stowage
requirements. These revisions are
necessary to harmonize the Hazardous
Materials Regulations with recent
changes to the International Maritime
Dangerous Goods Code, the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods.
DATES: Comments must be received by
October 16, 2006.
ADDRESSES: You may submit comments
identified by the docket number
(PHMSA–06–25476) by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• 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,
PL–402, Washington, DC 20590–0001.
• Hand Delivery: PL–402 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.
Instructions: All submissions must
include the agency name and docket
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number or Regulatory Identification
Number (RIN) for this notice. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
Public Participation heading of the
Supplementary Information section of
this document. 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 heading under
Regulatory Analyses and Notices.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to the Docket
Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Charles Betts, Office of Hazardous
Materials Standards, telephone (202)
366–8553, or Shane Kelley,
International Standards, telephone (202)
366–0656, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION:
Contents
I. Background
II. Sunset Provision
III. Overview of Proposed Changes in the
NPRM
IV. Overview of Amendments Not Being
Considered for Adoption in This NPRM
V. Section-by-Section
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
I. Background
On December 21, 1990, the Research
and Special Programs Administration
(RSPA), the predecessor agency to the
Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published
a final rule (Docket HM–181; 55 FR
52402) based on the UN
Recommendations on the Transport of
Dangerous Goods, to comprehensively
revise the Hazardous Materials
Regulations (HMR), 49 CFR parts 171 to
180, for harmonization with the
international standards. Since
publication of the 1990 final rule, we
have issued six additional international
harmonization final rules, (Dockets
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HM–215A, 59 FR 67390; HM–215B, 62
FR 24690; HM–215C, 64 FR 10742; HM–
215D, 66 FR 33316; HM–215E, 68 FR
44992; and HM–215G, 69 FR 76044).
The rules provided additional
harmonization with international
transportation requirements by more
fully aligning the HMR with the
corresponding biennial updates of the
UN Recommendations, the IMDG Code
and the ICAO Technical Instructions.
The UN Recommendations are not
regulations, but rather are
recommendations issued by the UN
Committee of Experts on the Transport
of Dangerous Goods (TDG) and on the
Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS). These
recommendations are amended and
updated biennially by the UN
Committee of Experts. They serve as the
basis for national, regional, and
international modal regulations,
including the International Maritime
Organization’s International Maritime
Dangerous Goods Code (IMDG Code),
and the International Civil Aviation
Organization’s Technical Instructions
for the Transport of Dangerous Goods by
Air (ICAO Technical Instructions).
The harmonization of domestic and
international standards becomes
increasingly important as the volume of
hazardous materials transported in
international commerce grows.
Harmonization serves to facilitate
international transportation, while
maintaining appropriate protection of
people, property, and the environment.
Although the intent of the
harmonization rulemakings is to align
the HMR with international standards,
we review and consider each
amendment on its own merit. Each
amendment is considered on the basis
of its overall impact on transportation
safety and the economic implications
associated with its adoption into the
HMR. Our goal is to harmonize without
diminishing the level of safety currently
provided by the HMR and without
imposing undue burdens on the
regulated public. In our efforts to
continue aligning the HMR with
international requirements, in this
NPRM, we are proposing to incorporate
changes into the HMR based on the
Fourteenth revised edition of the UN
Recommendations, Amendment 33 to
the IMDG Code, and the 2007–2008
ICAO Technical Instructions which
become effective January 1, 2007. We
are also addressing petitions for
rulemaking concerning harmonization
with international standards and
additional measures to facilitate
international transportation.
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II. Sunset Provision
To assure the HMR account for new
technologies and updated business
practices, PHMSA is considering
whether certain requirements proposed
in this NPRM should be afforded a
‘‘sunset’’ provision. If we adopt such a
provision, certain amendments adopted
through this rulemaking would expire
after a fixed amount of time (e.g., 10
years) from the publication date of the
final rule.
Harmonizing the HMR with
international transportation
requirements facilitates the
transportation of hazardous materials in
international commerce by eliminating
the need for shippers and carriers to
comply with two different sets of
regulations. Certain standards that we
are proposing to adopt by reference
likely will be updated periodically in
response to changes in international
standards or may be replaced by other
more relevant or technically superior
standards. Future changes to these
standards would have to consider
whether to retain or extend the sunset
date. If we choose to do nothing, a
sunset provision would mean the HMR
would revert to the language and
requirements in effect before the
issuance of the final rule. We are
requesting comments on whether
certain amendments should be tied to a
sunset provision.
III. Overview of Proposed Changes in
This NPRM
In this NPRM, we are proposing the
following amendments to the HMR:
• Adoption of a single shipping paper
description sequence (identification
number, proper shipping name, hazard
class or division, packing group).
Currently, the HMR permit the shipping
paper description sequence to start with
either the identification number or the
proper shipping name.
• Requirement to indicate the net
quantity of hazardous material per
package on the shipping paper if
transportation is by aircraft. The HMR
do not currently require this
information on a shipping paper.
• Incorporation by reference of the
updated ICAO Technical Instructions,
IMDG Code, and UN Recommendations.
• Amendments to the Hazardous
Materials Table (HMT) to add, revise, or
remove certain proper shipping names,
hazard classes, packing groups, special
provisions, packaging authorizations,
bulk packaging requirements, passenger
and cargo aircraft maximum quantity
limitations and vessels stowage
provisions.
• Revision of the ORGANIC
PEROXIDE label and placard.
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• Revision of the classification
criteria for PG III flammable liquids.
• Revision of the classification
criteria and packing group assignment
for Division 6.1 materials.
• Requirements for the transportation
of fuel cells containing flammable
liquid.
• Adoption of a one-packet limit for
matches carried by airline passengers or
crew members.
IV. Overview of International
Standards Not Being Considered for
Adoption in This NPRM
This NPRM proposes changes to the
HMR based on amendments to the
Fourteenth revised edition of the UN
Recommendations, Amendment 33 to
the IMDG Code, and the 2007–2008
ICAO Technical Instructions, which
become effective January 1, 2007.
However, we are not proposing to adopt
all of the amendments to those
documents into the HMR. In many
cases, amendments to the international
regulations have not been adopted
because the framework or structure of
the HMR makes adoption unnecessary.
In other cases, we have handled, or will
be handling, the amendments in
separate rulemaking proceedings. For
example, we addressed requirements
related to the transportation of
infectious substances in a final rule
published June 2, 2006, under Docket
HM–226A (71 FR 32244). Similarly, we
adopted amendments relating to the use
of UN cylinders and pressure vessels in
a final rule published June 12, 2006,
under Docket HM–220E (71 FR 33858).
If we have inadvertently omitted an
amendment in this NPRM, we will
attempt to include the omission in the
final rule. However, our ability to make
changes in a final rule is limited by
requirements of the Administrative
Procedure Act. In some instances, we
can adopt a provision inadvertently
omitted in the NPRM if it is clearly
within the scope of changes proposed in
the notice, does not require substantive
changes from the international standard
on which it is based, and imposes
minimal or no cost impacts on persons
subject to the requirement. Otherwise,
in order to provide opportunity for
notice and comment, the change must
be proposed in an NPRM.
One of the goals of this rulemaking is
to continue to maintain consistency
between the HMR and the international
requirements. We are not striving to
make the HMR identical to the
international regulations but rather to
remove or avoid potential barriers to
international transportation.
Below is a listing of those significant
amendments to the international
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regulations that we are not proposing to
adopt in this NPRM with a brief
explanation of why the amendment was
not included:
• Environmentally hazardous
substances. The UN Recommendations
have not yet been adopted by ICAO and
IMO. These changes will be considered
in a separate rulemaking proceeding.
• Hazardous materials security. Like
the HMR, the UN Recommendations
require carriers, consignors and others
engaged in the transport of ‘‘high
consequence’’ dangerous goods to
adopt, implement and comply with a
security plan that addresses the
transportation risks associated with
these materials. A major difference
between the HMR and the UN
Recommendations is the quantity of
hazardous material that triggers the
requirement for a security plan. We are
analyzing the differences and, based on
our conclusions, will consider a
separate rulemaking to address this
issue.
• Requirements for radioactive
materials. We are not proposing to
adopt provisions pertaining to the
transportation of Class 7 (radioactive)
materials. Amendments to requirements
pertaining to the transportation of Class
7 materials are based on changes
contained in the International Atomic
Energy Agency (IAEA) publication,
‘‘IAEA Safety Standards Series:
Regulations for the Safe Transport of
Radioactive Materials.’’ Due to their
complexity, these changes will be
addressed in a separate rulemaking.
• Default classification system for
fireworks. We are not proposing to adopt
these provisions of the UN
Recommendations because we do not
believe the UN classification system
provides an equivalent level of safety to
the current HMR requirements. Under
the HMR, fireworks must be classed and
approved by the Associate
Administrator for Hazardous Materials
Safety; the approvals are based on
American Pyrotechnic Association
Standard 87–1.
• Fuel cells. We are not proposing to
adopt provisions for the carriage of fuel
cell cartridges in the passenger cabin of
a passenger aircraft that were adopted
by ICAO. Also, we are not proposing to
adopt the packaging provisions for the
transport of ‘‘Hydrogen in a metal
hydride storage system,’’ (UN3468), as
adopted by ICAO. Currently, the HMR
allow transportation of these storage
systems by motor vehicle and rail under
the terms of an exemption and by motor
vehicle, rail, cargo vessel and cargo
aircraft with approval of the Associate
Administrator. These issues will be
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considered in a separate rulemaking
proceeding.
• Marking of Limited Quantity
shipments. The ICAO Technical
Instructions adopted a marking
requirement for packages containing a
limited quantity of hazardous material
that consists of the identification
number of the material placed within a
square-on-point border. The marking is
anticipated to become effective January
1, 2009. Except for transportation by
aircraft, this marking is currently
authorized under the HMR as an
alternative to marking the proper
shipping name on the package; we are
allowing continued use of this marking
to minimize transportation costs and
provide flexibility.
V. Section-by-Section Review
Part 171
Section 171.7
Section 171.7 lists the standards
incorporated by reference into the HMR.
We propose to update the incorporation
by reference materials for the ICAO
Technical Instructions, the IMDG Code,
the UN Recommendations and the UN
Manual of Tests and Criteria. The
updated editions of these standards
become effective January 1, 2007.
The standards would be updated as
follows:
• The ICAO Technical Instructions,
2007–2008 Edition.
• The IMDG Code, Amendment 33.
• The UN Recommendations,
Fourteenth revised edition.
• The UN Manual of Tests and
Criteria, Fourth revised edition (2003),
and Addendum 2, (2004).
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Section 171.14
This section lists specific transition
periods for certain provisions adopted
into the HMR. Paragraph (b) lists
transitional provisions related to revised
placarding requirements. In this NPRM,
we propose to remove paragraph (b)
because the transitional period has
expired.
Paragraph (d) of this section specifies
transition provisions for previously
UN0349
UN0350
UN0351
UN0352
UN0353
UN0354
UN0355
UN0356
UN0462
UN0463
UN0464
UN0465
UN0466
UN0467
UN0468
adopted amendments intended to
harmonize the HMR with international
standards. We are proposing revisions to
this paragraph to provide specific
transitional provisions for certain of the
amendments proposed in this NPRM.
We are proposing an effective date of
January 1, 2007, and a mandatory
compliance date of January 1, 2008. We
propose to permit voluntary compliance
as of January 1, 2007, to correspond
with the effective implementation dates
of the 2007–2008 ICAO Technical
Instructions and Amendment 33 of the
IMDG Code. This authorization would
allow shippers to prepare their
international shipments in accordance
with international standards that will
become effective on January 1, 2007.
Paragraph (e) of this section contains
an outdated transition provision. In this
NPRM, we propose to replace the
outdated transition provision with a
new paragraph (e) that would permit
use for domestic shipments of the
shipping description sequences in effect
on December 31, 2006, until January 1,
2009. See the § 172.202 preamble
discussion for a complete explanation of
the shipping description sequence issue.
Paragraph (f) of this section contains
an outdated transitional provision. We
propose to revise paragraph (f) by
removing the current provision and
adding a transitional provision to allow
continued display of Division 5.2 labels
and placards conforming to the
specifications in effect on December 31,
2006, until January 1, 2011. See the
§§ 172.407 and 172.427 preamble
discussions for a complete explanation
of this issue.
In new paragraph (g), we are
proposing to allow continued use of the
Class 3 and Division 6.1 classification
criteria and packing group assignments
in effect on December 31, 2006, until
January 1, 2012. See §§ 173.120 and
174.133 preamble discussions for a
complete explanation of this issue.
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Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Articles,
Frm 00004
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
explosive,
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Part 172
Section 172.101
Section 172.101 contains the
Hazardous Materials Table (HMT) and
explanations for each of the columns in
the HMT. Paragraph (d) of this section
addresses column 3 of the HMT, which
contains the hazard class or division for
each specific material listed in the
HMT. Paragraph (d)(4) addresses entries
classed as combustible liquids. We are
proposing to revise paragraph (d)(4) to
revise the lower limit for classing a
material as a combustible liquid from
60.5 °C (141 °F) to 60 °C (140 °F). This
is consistent with recent changes to the
classification of flammable liquids
based on the GHS and adoption into the
UN Recommendations.
The § 172.101 Hazardous Materials
Table (HMT): In the § 172.101
Hazardous Materials Table (HMT), we
are proposing to make various
amendments. Readers should review all
changes for a complete understanding of
the proposed Table amendments. For
purposes of the Government Printing
Office’s typesetting procedures,
proposed changes to the HMT will
appear under three sections of the
Table, ‘‘remove,’’ ‘‘add’’ and ‘‘revise.’’
Certain entries in the HMT, such as
those with proposed revisions to the
proper shipping names, will appear as
a ‘‘remove’’ and ‘‘add.’’ Under this
NPRM, the proposed amendments to the
HMT for the purpose of harmonizing
with international standards, unless
otherwise stated, include, but are not
limited to the following:
1. We propose to correct Column (7)
Special provisions of the HMT by
removing Special provision 101 which
requires the name of the particular
substance or article to be specified. With
the introduction of the letter ‘‘G’’ for
these materials in Column (1), requiring
the n.o.s. and generic proper shipping
names to be supplemented with the
technical name of the hazardous
material, Special provision 101 becomes
obsolete and duplicative. The affected
entries are as follows:
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
n.o.s.
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UN0469
UN0470
UN0471
UN0472
UN0382
UN0383
UN0384
UN0461
UN0357
UN0358
UN0359
UN0473
UN0474
UN0475
UN0476
UN0477
UN0478
UN0479
UN0480
UN0481
UN0485
UN0482
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2. Amendment 32 of the IMDG Code
added a new segregation group for
alkalis. For consistency with
international regulations and in
UN2733
UN2671
UN1005
UN3318
UN2672 ..............................................................................
UN2073 ..............................................................................
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UN3028
UN2795
UN2797
UN2682
UN2681
UN1719
UN1160
UN2379
UN2382
UN1163
UN3253
UN2491
UN2270
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UN1604
UN2386
UN2029
UN3293
UN2030
UN2680
UN2679
UN1235
UN1244
UN2399
UN1813
UN1814
UN2033
UN1922
UN2678
UN2677
UN1907
UN1819
UN2318
UN1823
UN1824
UN1825
UN1849
UN2320
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Articles, explosive, n.o.s.
Articles, explosive, n.o.s.
Articles, explosive, n.o.s.
Articles, explosive, n.o.s.
Components, explosive train, n.o.s.
Components, explosive train, n.o.s.
Components, explosive train, n.o.s.
Components, explosive train, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, very insensitive, n.o.s. or Substances, EVI, n.o.s.
response to a petition from Horizon
Lines (P–1470), we are proposing to
revise the Vessel Stowage Provisions in
Column (10B) by adding Segregation
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Code ‘‘52’’ (Stow ‘‘Separated from’’
acids) to certain entries. The affected
entries are as follows:
Amines, flammable, corrosive, n.o.s. or Polyamines, flammable, corrosive, n.o.s.
Aminopyridines (o-; m-; p-).
Ammonia, anhydrous.
Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with
more than 50 percent ammonia.
Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in
water, with more than 10 percent but not more than 35 percent ammonia.
Ammonia solutions, relative density less than 0.880 at 15 degrees C in water,
with more than 35 percent but not more than 50 percent ammonia.
Batteries, dry, containing potassium hydroxide solid, electric, storage.
Batteries, wet, filled with alkali, electric storage.
Battery fluid, alkali.
Caesium hydroxide.
Caesium hydroxide solution.
Caustic alkali liquids, n.o.s.
Dimethylamine solution.
1, 3-Dimethylbutylamine.
Dimethylhydrazine, symmetrical.
Dimethylhydrazine, unsymmetrical.
Disodium trioxosilicate.
Ethanolamine or Ethanolamine solutions.
Ethylamine, aqueous solution with not less than 50 percent but not more than 70
percent ethylamine.
Ethylenediamine.
1-Ethylpiperidine.
Hydrazine, anhydrous.
Hydrazine, aqueous solution with not more than 37 percent hydrazine, by mass.
Hydrazine, aqueous solutions, with more than 37 percent hydrazine, by mass.
Lithium hydroxide.
Lithium hydroxide, solution.
Methylamine, aqueous solution.
Methylhydrazine.
1-Methylpiperidine.
Potassium hydroxide, solid.
Potassium hydroxide, solution.
Potassium monoxide.
Pyrrolidine.
Rubidium hydroxide.
Rubidium hydroxide solution.
Soda lime with more than 4 percent sodium hydroxide.
Sodium aluminate, solution.
Sodium hydrosulfide, with less than 25 percent water of crystallization.
Sodium hydroxide, solid.
Sodium hydroxide solution.
Sodium monoxide.
Sodium sulfide, hydrated with not less than 30 percent water.
Tetraethylenepentamine.
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UN3073 ..............................................................................
3. The entry ‘‘Aerosols, nonflammable, (each not exceeding 1 L
capacity),’’ UN1950, would be revised
by adding vessel storage location code
‘‘A’’ in Column (10A). This code was
inadvertently removed in a final rule
published under Docket HM–189Y (70
FR 56084; September 23, 2005).
4. The entry ‘‘Antimony trichloride,
solid,’’ UN1733, PG II, would be revised
by adding Special provisions T3 and
TP33. Special provision T3 specifies the
applicable minimum test pressure, the
minimum shell thickness, bottom
opening requirements and pressure
relief requirements when transporting
this material in a UN portable tank.
Special provision TP33 specifies
requirements applicable to the
transportation of this material in IM and
UN Specification portable tanks.
5. The entry, ‘‘Articles, explosive,
extremely insensitive or Articles, EEI, ’’
UN0486, would be revised by removing
Special provision 101 which requires
the name of the particular substance or
article to be specified.
6. The entry ‘‘Benzyl bromide,’’
UN1737, PG II, would be revised by
removing the reference to § 173.153
‘‘Exceptions for Division 6.1 (poisonous
materials)’’ in Column (8A).
7. The entry ‘‘Benzyl chloride,’’
UN1738, PG II, would be revised by
removing the reference to § 173.153
‘‘Exceptions for Division 6.1 (poisonous
materials)’’ in Column (8A).
8. In accordance with changes in the
Fourteenth revised edition of the UN
Recommendations, we propose to
remove the following entries:
—The entry ‘‘Carbon dioxide and
nitrous oxide mixtures,’’ UN1015;
—The entry ‘‘Carbon dioxide and
oxygen mixtures, compressed,’’
UN1014; and
—The entry ‘‘Carbon monoxide and
hydrogen mixture, compressed,’’
UN2600.
9. The entry, ‘‘Charges, shaped,
flexible, linear,’’ UN0288, would be
revised by removing Special provision
101, which requires the name of the
particular substance or article to be
specified.
10. The entry ‘‘Chlorosilanes,
corrosive, n.o.s.,’’ UN2987, PG II, would
be revised by removing the reference to
§ 173.154 ‘‘Exceptions for Class 8
(corrosive materials)’’ in Column (8A).
11. The entry ‘‘Chlorosilanes,
flammable, corrosive, n.o.s.,’’ UN2985,
PG II, would be revised by removing the
reference to § 173.150 ‘‘Exceptions for
Class 3 (flammable) and combustible
liquids’’ in Column (8A).
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Vinylpyridines, stabilized.
12. The entry ‘‘Chlorosilanes, toxic,
corrosive, n.o.s.,’’ UN3361, PG II, would
be revised by removing the reference to
§ 173.153 ‘‘Exceptions for Division 6.1
(poisonous materials)’’ in Column (8A).
13. The entry ‘‘Chlorosilanes, toxic,
corrosive, flammable, n.o.s.,’’ UN3362,
PG II, would be revised by removing the
reference to § 173.153 ‘‘Exceptions for
Division 6.1 (poisonous materials)’’ in
Column (8A).
14. The entry ‘‘Chromium trioxide,
anhydrous,’’ UN1463, Column (6)
would be revised by adding the Division
6.1 subsidiary hazard labeling
requirement.
15. The entry ‘‘Compressed gas,
n.o.s.,’’ UN1956, would be revised by
adding Special provision 77. Special
provision 77 requires, for domestic
transportation, a Division 5.1 subsidiary
risk label when a carbon dioxide and
oxygen mixture contains more than
23.5% oxygen.
16. The entry, ‘‘Contrivances, wateractivated, with burster, expelling charge
or propelling charge,’’ UN0248, would
be revised by removing Special
provision 101, which requires the name
of the particular substance or article to
be specified. In addition, the letter ‘‘G’’
would be added to Column (1),
requiring the proper shipping name to
be supplemented with the technical
name of the hazardous material.
17. The entry, ‘‘Contrivances, wateractivated, with burster, expelling charge
or propelling charge,’’ UN0249, would
be revised by removing Special
provision 101, which requires the name
of the particular substance or article to
be specified. In addition, the letter ‘‘G’’
would be added to Column (1),
requiring the proper shipping name to
be supplemented with the technical
name of the hazardous material.
18. The entry ‘‘Corrosive liquid,
acidic, inorganic, n.o.s.,’’ UN3264, PG II,
would be revised by removing Special
provision A6. Special provision A6
specifies that for combination
packagings, if plastic inner packagings
are used, they must be packed in tightly
closed metal receptacles before packing
in outer packagings. Special provision
A6 applies only to the PG I entry of this
material.
19. The proper shipping name for the
entry ‘‘Crotonaldehyde, Stabilized,’’
UN1143, would be revised to read
‘‘Crotonaldehyde or Crotonaldehyde,
stabilized’’ and to add proposed new
Special provision 175. New Special
provision 175 specifies this material is
required to be stabilized when in
concentrations of not more than 99%.
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The revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
20. The proper shipping name for the
entry ‘‘Crotonic acid, liquid,’’ UN2823,
would be corrected to read ‘‘Crotonic
acid, liquid’’ and the Identification
Number would be revised to read
‘‘UN3472.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
21. The proper shipping name for the
entry ‘‘Crotonic acid, solid,’’ UN2823,
would be corrected to read ‘‘Crotonic
acid, solid,’’ UN2823. This correction
appears as a ‘‘Remove/Add’’ in this
rulemaking.
22. In accordance with the ICAO
Technical Instructions, the entry
‘‘Dangerous Goods in Machinery or
Dangerous Goods in Apparatus,’’ UN
3363, would be revised by adding
quantity limits for transportation by
aircraft. The quantity limits will be
specified in a new Special provision
A105.
23. The entry ‘‘Ethyltrichlorosilane,’’
UN1196, PG II, would be revised by
removing the reference to § 173.150
‘‘Exceptions for Class 3 (flammable) and
combustible liquids’’ in Column (8A).
24. The entry ‘‘Formic acid,’’ UN1779,
would be revised to read ‘‘Formic acid
with more than 85% acid by mass’’ and
the Class 3 subsidiary hazard would be
added in Column (6). This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
25. A new entry, ‘‘Formic acid with
not less than 10% but not more than
85% acid by mass,’’ UN3412, would be
added.
26. A new entry, ‘‘Formic acid with
not less than 5% but less than 10% acid
by mass,’’ UN3412, would be added.
27. A new entry, ‘‘Fuel cell cartridges
containing flammable liquids,’’
UN3473, would be added.
28. The entry ‘‘Hydrazine aqueous
solutions, with more than 37%
hydrazine, by mass’’ UN2030, PG I,
would be revised by removing Special
provision 151. Special provision 151
specifies that if this material meets the
definition of a flammable liquid in
§ 173.120 of the HMR, a FLAMMABLE
LIQUID label is required and the basic
description on the shipping paper must
indicate the Class 3 subsidiary hazard.
Changes to the Fourteenth revised
edition of the UN Recommendations
removed this requirement. Shipping
paper and labeling requirements for
materials with subsidiary hazards are
addressed in §§ 172.202 and 172.402,
respectively. 28a. The entry ‘‘Hydrogen
in a metal hydride storage system,’’
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UN3468, would be revised by amending
Column (9B) to authorize 100 kg gross.
29. The entry ‘‘Hydrogen peroxide
and peroxyacetic acid mixtures,
stabilized with acids, water, and not
more than 5 percent peroxyacetic acid,’’
UN3149, would be revised by adding
Special provision IP5. When this
material is transported in an IBC,
Special provision IP5 specifies the IBC
must have a device to allow venting.
30. The entry ‘‘Hydrogen peroxide,
aqueous solutions with more than 40
percent but not more than 60 percent
hydrogen peroxide (stabilized as
necessary),’’ UN2014, would be revised
by adding Special provision IP5. When
this material is transported in an IBC,
Special provision IP5 specifies the IBC
must have a device to allow venting.
31. The entry ‘‘Hydrogen peroxide,
aqueous solutions with not less than 20
percent but not more than 40 percent
hydrogen peroxide (stabilized as
necessary),’’ UN2014, would be revised
by adding Special provision IP5. When
this material is transported in an IBC,
Special provision IP5 specifies the IBC
must have a device to allow venting.
32. The entry ‘‘Hydrogen peroxide,
aqueous solutions with not less than 8
percent but less than 20 percent
hydrogen peroxide (stabilized as
necessary),’’ UN2984, would be revised
by adding Special provision IP5. When
this material is transported in an IBC,
Special provision IP5 specifies the IBC
must have a device to allow venting.
33. The entry ‘‘Hydrogen peroxide,
stabilized or Hydrogen peroxide
aqueous solutions, stabilized with more
than 60 percent hydrogen peroxide,’’
UN2015, would be revised by removing
Special provision T10 and adding
Special provision T9. When this
material is transported in a UN portable
tank, Special provision T10 requires the
UN portable tank pressure relief device
to comply with the requirements
specified in § 178.275(g)(3) of the HMR.
The proposed addition of Special
provision T9 would remove this
requirement.
34. For the entry
‘‘Hydrogendifluorides, n.o.s.,’’ UN1740,
PG II and III, the proper shipping name
would be revised by to read
‘‘Hydrogendifluorides, solid, n.o.s.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
35. A new entry
‘‘Hydrogendifluorides, solution, n.o.s.,’’
UN3471, PG II and III, would be added.
36. The entry ‘‘Hydroquinone, solid,’’
UN2662, would be removed.
37. The entry ‘‘Hydroquinone
solution,’’ UN3435, would be removed.
38. The entry ‘‘Hypochlorite
solutions,’’ UN1791, PG II, would be
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revised by adding Special provision IP5.
When this material is transported in an
IBC, Special provision IP5 specifies the
IBC must have a device to allow
venting.
39. For the entry ‘‘Lead phosphite,
dibasic,’’ UN2989, PG II, the quantity
limitations in Columns (9A) and (9B)
would be revised to read 15 kg and 50
kg, respectively.
40. For the entry ‘‘Lead phosphite,
dibasic,’’ UN2989, PG III, the quantity
limitations in Columns (9A) and (9B)
would be revised to read 25 kg and 100
kg, respectively.
41. The entry
‘‘Methylphenyldichlorosilane,’’
UN2437, PG II, would be revised by
removing the reference to § 173.154
‘‘Exceptions for Class 8 (corrosive
materials)’’ in Column (8A).
42. The entry ‘‘Motor fuel anti-knock
mixtures,’’ UN1649, would be corrected
by removing the subsidiary hazard label
requirement in Column (6).
43. The entry ‘‘Organometallic
substance, solid, pyrophoric,’’ UN3391,
PG I, would be revised by correcting the
Column (8B) Non-bulk packaging entry
‘‘181’’ to read ‘‘187.’’
44. The entry ‘‘Organometallic
substance, solid, pyrophoric, waterreactive,’’ UN3393, PG I, would be
revised by correcting the Column (8B)
Non-bulk packaging entry ‘‘181’’ to read
‘‘187.’’
45. A new entry, ‘‘Paint, corrosive,
flammable (including paint, lacquer,
enamel, stain, shellac, varnish, polish,
liquid filler and liquid lacquer base),’’
UN3470, PG II, would be added.
46. A new entry ‘‘Paint, flammable,
corrosive (including paint, lacquer,
enamel, stain, shellac, varnish, polish,
liquid filler and liquid lacquer base),’’
UN3469, PG I, II, and III, would be
added.
47. The entry ‘‘Paint including paint,
lacquer, enamel, stain, shellac
solutions, varnish, polish, liquid filler
and liquid lacquer base,’’ UN1263,
would be revised by adding the
following Special provisions to the PG
I, II, and III entries, respectively:
—TP27 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 4 bar (400 kPa) may be used
provided the calculated test pressure
is 4 bar or less based on the maximum
allowable working pressure of the
material, as defined in § 178.275 of
the HMR, where the test pressure is
1.5 times the maximum allowable
working pressure.
—TP28 to specify that when this
material is transported in an IM or UN
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51899
Specification portable tank, a portable
tank having a minimum test pressure
of 2.65 bar (265 kPa) may be used
provided the calculated test pressure
is 2.65 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
—TP29 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 1.5 bar (150.0 kPa) may be used
provided the calculated test pressure
is 1.5 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
48. The entry ‘‘Paint or Paint related
materials,’’ UN3066, would be revised
by adding the following Special
provisions to the PG II and III entries,
respectively:
—TP28 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 2.65 bar (265 kPa) may be used
provided the calculated test pressure
is 2.65 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
—TP29 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 1.5 bar (150.0 kPa) may be used
provided the calculated test pressure
is 1.5 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
49. A new entry, ‘‘Paint related
material, corrosive, flammable
(including paint thinning or reducing
compound),’’ UN3470, PG II, would be
added.
50. A new entry, ‘‘Paint related
material, flammable, corrosive
(including paint thinning or reducing
compound),’’ UN3469, PG I, II, and III
would be added.
51. The entry ‘‘Paint related material
including paint thinning, drying,
removing, or reducing compound,’’
UN1263, would be revised by adding
the following Special provisions to the
PG I, II, and III entries, respectively:
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—TP27 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 4 bar (400 kPa) may be used
provided the calculated test pressure
is 4 bar or less based on the maximum
allowable working pressure of the
material, as defined in § 178.275 of
the HMR, where the test pressure is
1.5 times the maximum allowable
working pressure.
—TP28 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 2.65 bar (265 kPa) may be used
provided the calculated test pressure
is 2.65 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
—TP29 to specify that when this
material is transported in an IM or UN
Specification portable tank, a portable
tank having a minimum test pressure
of 1.5 bar (150.0 kPa) may be used
provided the calculated test pressure
is 1.5 bar or less based on the
maximum allowable working pressure
of the material, as defined in
§ 178.275 of the HMR, where the test
pressure is 1.5 times the maximum
allowable working pressure.
52. The entry ‘‘Plastic molding
compound in dough, sheet or extruded
rope form evolving flammable vapor,
UN3314, PG III, would be revised by
removing vessel stowage location A and
adding location E in Column (10A), and
by adding Vessel Stowage provisions 19,
25 and proposed new Vessel Stowage
provision 144 in Column (10B).
53. The entry ‘‘Polymeric beads,
expandable, evolving flammable vapor,
UN2211, PG III, would be revised by
removing stowage location A and
adding location E in Column (10A), and
by adding Vessel Stowage provisions 19,
25 and proposed new Vessel Stowage
provision 144 in Column (10B).
54. For the entry ‘‘Propionic acid,’’
UN1848, the proper shipping name
would be revised to read, ‘‘Propionic
acid with not less than 10% and less
than 90% acid by mass.’’ This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
55. A new entry, ‘‘Propionic acid with
not less than 90% acid by mass,’’
UN3463, would be added.
56. The entry ‘‘Rare gases mixtures,
compressed,’’ UN1979, would be
removed.
57. The entry ‘‘Rare gases and oxygen
mixtures, compressed,’’ UN1980, would
be removed.
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58. The entry ‘‘Rare gases and
nitrogen mixtures, compressed,’’
UN1981, would be removed.
59. The proper shipping name
‘‘Regulated medical waste,’’ UN3291,
would be removed and a new proper
shipping name ‘‘Regulated medical
waste, n.o.s. or Clinical waste
unspecified, n.o.s. or (BIO) Medical
waste, n.o.s.,’’ UN3291, would be added
in its place.
60. For the international entry for
‘‘Sulfur,’’ UN1350, the quantity
limitations in Columns (9A) and (9B)
would be revised to read 25 kg and 100
kg, respectively.
61. The entry
‘‘Trimethylchlorosilane,’’ UN1298, PG
II, would be revised by removing the
reference to § 173.150 ‘‘Exceptions for
Class 3 (flammable) and combustible
liquids’’ in Column (8A).
Also, see § 172.102 for additional
HMT amendments.
Appendix B to § 172.101
Appendix B to § 172.101 lists Marine
Pollutants regulated under the HMR.
For the entry ‘‘Copper chloride’’ we are
proposing to add the designation ‘‘PP’’
to indicate that copper chloride is a
severe marine pollutant. We are also
proposing to correct an oversight by
removing the entries ‘‘Alcohol C–13—
C–15 poly (1–6) ethoxylate’’ and ‘‘1,2Dichlorobenzene.’’ Removal of the entry
‘‘Alcohol C–13—C–15 poly (1–6)
ethoxylate’’ was overlooked in a final
rule published under Docket HM–215G
(69 FR 76044; December 20, 2004) and
removal of the entry ‘‘1,2Dichlorobenzene’’ was overlooked in a
final rule published under Docket HM–
215D (66 FR 33316; June 21, 2001).
Section 172.102
Section 172.102 lists a number of
special provisions applicable to the
transportation of specific hazardous
materials. Special provisions contain
packaging provisions, prohibitions, and
exceptions applicable to particular
quantities or forms of hazardous
materials. For consistency with
international standards, we propose to
amend § 172.102, Special provisions, as
follows:
• Special provision 15 specifies the
types of materials and packaging
requirements for chemical kits and first
aid kits. We propose to revise Special
provision 15 to list examples that may
be described as ‘‘Chemical kits’’ and
‘‘First aid kits.’’
• Special provision 47 specifies
requirements for mixtures of nonhazardous solids and flammable liquids.
In accordance with the UN
Recommendations, Special provision 47
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would be revised to specify that, in
addition to sealed packets, articles
containing less than 10 mL of a Class 3
Packing Group II or III liquid absorbed
into a solid material would be excepted
from the HMR provided there is no free
liquid in the packet.
• Special provision 77 applies to use
of Division 5.1 subsidiary risk label. We
propose to revise this special provision
for consistency with the wording in the
UN Recommendations. As proposed,
Special provision 77 would no longer
apply only to ‘‘domestic
transportation.’’ Further, we propose to
clarify that a Division 5.1 label is
required if other oxidizing gases are
present. Also, the provision would be
applied to the entry ‘‘Compressed gas,
n.o.s.,’’ UN1956, which is the most
appropriate description for mixtures
currently described as ‘‘Carbon dioxide
and oxygen mixtures, compressed.’’ In
this NPRM, we are proposing to remove
the entry for ‘‘Carbon dioxide and
oxygen mixtures, compressed,’’ which is
consistent with its removal from the UN
Recommendations.
• Special provision 146 would be
amended to authorize the domestic
classification of a material as
environmentally hazardous if it is
designated as such by foreign competent
authorities. The provision as currently
worded may be interpreted to only
allow such classification for
international shipments. Due to current
differences in criteria for the
classification of environmentally
hazardous substances world-wide, we
believe the amended provision will
afford additional flexibility to industry
and reduce shipping costs by allowing
both domestic and international
shipments to be treated identically.
• Special provision 147 applies to
non-sensitized emulsions, suspensions
and gels consisting primarily of a
mixture of ammonium nitrate and fuel,
intended to produce a Type E blasting
explosive only after further processing
prior to use. In accordance with the UN
Recommendations, this special
provision would be revised to specify
the composition of mixtures for
suspensions and gels and to specify
these substances be tested in accordance
with Test Series 8 of the UN Manual of
Tests and Criteria.
• Special provision 166 authorizes
non-friable, tablet form calcium
hypochlorite, dry or hydrated, to be
transported as a Packing Group III
material. In accordance with the UN
Recommendations, we propose to revise
Special provision 166 to remove the
authorization for ‘‘hydrated’’ non-friable
tablet forms of calcium hypochlorite to
be transported as a PG III material.
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• A new Special provision 175 would
be added to require stabilization for
certain substances when transported in
concentrations of not more than 99%.
• Special provision 101 would be
removed. This special provision
requires the name of the particular
substance or article to be specified. With
the introduction of the letter ‘‘G’’ in
Column (1), which requires the n.o.s.
and generic proper shipping names to
be supplemented with the technical
name of the hazardous material, Special
provision 101 becomes obsolete.
• A new Special provision A105
would be added to specify the quantity
of hazardous materials allowed in
equipment or apparatus.
Section 172.202
Section 172.202 establishes
requirements for shipping descriptions
on shipping papers. Currently, the basic
description of a hazardous material
consists of the proper shipping name,
hazard class, ID number and packing
group, in that order. The HMR also
authorize an alternative description
sequence, which lists the identification
number first, followed by the proper
shipping name, hazard class, and
packing group. Beginning January 1,
2007, the alternative shipping
description sequence will be mandatory
on shipping documents prepared
according to the ICAO Technical
Instructions and the IMDG Code. In this
NPRM, we propose to adopt the
alternative shipping description
sequence. We are also proposing a 2year transition period to allow offerors
sufficient time to convert to the new
shipping description sequence. Readers
are invited to comment on this proposal,
especially on the length of the transition
period.
The description of a hazardous
material on a shipping paper must
include the total quantity of hazardous
material (by mass or volume) covered by
the description (see § 172.202(a)(5)). The
majority of quantity limitations set forth
for transportation by aircraft, in
Columns (9A) and (9B), are ‘‘net’’
quantities. Section 175.75 limits the
quantity of hazardous materials,
expressed in net mass, aboard an
aircraft. To facilitate compliance with
the aircraft operator’s requirements, we
are proposing that, for transportation by
aircraft, the total quantity per package
be shown, expressed as net mass, except
as otherwise specified. For example:
UN1263, Paint, 3, PG II, 5 fiberboard
boxes x 5 L each
Different size packages containing
different quantities of the same
hazardous material must be clearly
identified. For example:
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UN 1263, Paint, 3, PG II, 5 fiberboard
boxes x 5 L, 6 fiberboard boxes x 10 L
Where the letter ‘‘G’’ follows the
quantity in Column (9A) or (9B), the
gross mass must be indicated, rather
than the net quantity.
Also, we are proposing the following
additional requirements:
—For empty uncleaned packaging, only
the number and type of packaging
must be shown;
—For chemical kits and first aid kits,
the total net mass of hazardous
materials must be shown. Where a kit
contains solids and/or liquids, the net
mass of liquids within the kit is to be
calculated on a 1 to 1 basis, i.e., 1 liter
equals 1 kilogram;
—For dangerous goods in machinery or
apparatus, the individual total
quantities of dangerous goods in
solid, liquid or gaseous state,
contained in the article must be
shown;
—For dangerous goods transported in a
salvage packaging, an estimate of the
quantity of dangerous goods per
package must be shown;
—For cylinders, the total quantity may
be indicated by the number of
cylinders, for example, ‘‘10
cylinders;’’
—For items where ‘‘No Limit’’ is shown
in Column (9A) or (9B) of the HMT,
the quantity shown should be the net
mass or volume of the material,
except for UN2800, UN2807, UN3072,
UN3166 and UN3173, where the
quantity should be the gross mass of
the article.
Section 172.312
Section 172.312 addresses marking
requirements for liquid hazardous
materials in non-bulk packagings.
Specifically, the packaging must be
marked with orientation arrows to
indicate how the package should be
oriented during transportation; the
arrows indicate which end of the
package is ‘‘up.’’ Currently the HMR
require orientation markings only on a
non-bulk combination package with
inner packagings that contain a liquid
hazardous material, unless specifically
excepted. In this NPRM, we propose to
revise paragraph (a) to require
orientation markings on single
packagings fitted with vents and on
open cryogenic receptacles intended for
the transport of refrigerated liquefied
gases. Also, we propose to require the
size of the marking to be proportioned
so that it is clearly visible in relation to
the size of the package, and to require
the color of the arrows to be either black
or red on a suitable contrasting
background. Currently, the HMR do not
specify either size or color
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requirements. Finally, we are proposing
to add a new paragraph (c)(7) to except
Class 7 radioactive materials in type A,
IP–2, IP–3, B(U), B(M) or C packages
from the orientation marking
requirement.
Sections 172.407 and 172.427
Section 172.407 establishes
specifications for package labels.
Section 172.427 establishes
requirements for the ORGANIC
PEROXIDE label. In accordance with the
UN Recommendations, we are
proposing to revise the ORGANIC
PEROXIDE label. The new label will
reflect the fact that organic peroxides
are highly flammable and will enable
transport workers to readily distinguish
peroxides from oxidizers with which
they are generally not compatible. We
also propose to allow labels meeting the
specifications in effect on December 31,
2006, to continue to be displayed until
January 1, 2011 (see § 171.14). Adoption
of the redesigned label will eliminate
the current requirement in § 172.402 for
a package containing an organic
peroxide to bear a FLAMMABLE
LIQUID subsidiary label in addition to
the ORGANIC PEROXIDE primary
hazard class label.
Section 172.552
Section 172.552 establishes specific
requirements for the ORGANIC
PEROXIDE placard. In accordance with
the UN Recommendations, in paragraph
(b), we are proposing to revise the
ORGANIC PEROXIDE placard. The new
placard will reflect the fact that organic
peroxides are highly flammable and will
enable transport workers to readily
distinguish peroxides from oxidizers
with which they are generally not
compatible. We also propose to allow
placards meeting the specifications in
effect on December 31, 2006, to
continue to be displayed until January
1, 2011 (see § 171.14).
Part 173
Section 173.9
Section 173.9 sets forth requirements
for transporting cargo that has been
fumigated or is undergoing fumigation.
Such shipments must have a
FUMIGANT marking. As specified in
this section, the FUMIGANT marking
includes an indication of the material
used for fumigation and the date and
time the fumigant was applied.
Currently, transport vehicles or freight
containers containing fumigated cargoes
are not required to show the date the
fumigant transport vehicle or freight
container was ventilated to remove
harmful concentration of fumigant gas.
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To minimize the possibility of an
individual entering a fumigated
transport vehicle or freight container
prematurely, we are proposing to add
the date of ventilation on the
FUMIGANT marking. We are also
proposing to revise the specifications for
the FUMIGANT marking to allow either
red or black marking on a white
background. Finally, we are proposing
to revise the section for clarity.
Sections 173.35, 173.120, 173.121, and
Appendix H to Part 173
Section 173.35 sets forth requirements
for transporting hazardous materials in
intermediate bulk containers (IBCs);
§ 173.120 establishes classification
criteria for flammable liquid (Class 3)
materials; § 173.121 addresses packing
group assignments for Class 3 materials;
and Appendix H to Part 173 sets forth
methods to test a material to determine
its combustibility. We are proposing
revisions in all of these sections to
revise the upper limit for a PG III
flammable liquid from 60.5 °C (141 °F)
to 60 °C (140 °F). This is consistent with
recent changes to the classification of
flammable liquids based on the GHS
and adoption into the UN
Recommendations. PHMSA is also
proposing a five-year transition period.
Section 173.115
The HMR define a Division 2.2 nonflammable gas as any material or
mixture that ‘‘exerts in the packaging an
absolute pressure of 280 kPa (40.6 psia)
or greater at 20 °C (68 °F), * * *.’’ In
paragraph (b)(1), we propose to add the
phrase ‘‘or is a cryogenic liquid,’’ to
clarify that a cryogenic liquid, whether
or not it meets the definition of a
Division 2.2 non-flammable gas, is
subject to the HMR. This is consistent
with the current requirements for
cryogenic liquids in § 173.115(g).
Currently, paragraph (k)(5) of this
section requires aerosols containing
Class 8, PG III materials to be assigned
a Class 8 subsidiary hazard. We are
proposing to amend paragraph (k)(5) to
specify that aerosols containing Class 8,
PG II or PG III materials must be
assigned a Class 8 subsidiary hazard.
Section 173.124
Section 173.124 establishes
classification criteria for Division 4.1
(flammable solid), Division 4.2
(spontaneously combustible), and
Division 4.3 (dangerous when wet)
materials. We are proposing to require
mixtures of oxidizing substances
containing 5.0% or more combustible
organic substances to be subject to the
self-reactive substance classification
procedure. This will ensure that
oxidizing substances containing 5.0% or
more of combustible organic substances
are also tested for their ability to selfreact and to ensure that in such
instances, these substances are
appropriately classed for their selfreactive hazard.
Section 173.133
Section 173.133 establishes criteria
for assignment of packing groups to
poisonous (Division 6.1) materials. We
are proposing to amend the toxicity
criteria for consistency with the toxicity
criteria adopted in the UN
Recommendations on the basis of the
limits established in the GHS. As a
result, some materials that were not
previously regulated under the HMR
will be regulated as Division 6.1,
Packing Group III; some materials
currently regulated as Division 6.1,
Packing Group I or II will be assigned
to a different packing group; and some
materials that were previously regulated
as Division 6.1, Packing Group III will
not be subject to regulation under the
HMR. PHMSA is proposing a five year
transition period.
The effect of these changes to packing
group assignments for Division 6.1
materials is summarized as follows:
Material properties
Current PG
assignment
Oral LD50 > 200, ≤ 300 (Solid) ............................................................................................................................
Oral LD50 > 300, ≤ 500 (Liquid) ..........................................................................................................................
Dermal LD50 > 40, ≤ 50 .......................................................................................................................................
Inhalation toxicity by dusts and mists LC50 > 0.2, ≤ 0.5 .....................................................................................
Inhalation toxicity by dusts and mists LC50 > 4, ≤ 10 .........................................................................................
Not regulated ...
III ......................
II .......................
I ........................
III ......................
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Sections 173.134 and 173.197
These sections are revised by
replacing the wording ‘‘Regulated
medical waste’’ with the wording
‘‘Regulated medical waste or clinical
waste or (bio) medical waste.’’
Section 173.136
Currently, the HMR define ‘‘corrosive
material’’ to mean ‘‘a liquid or solid that
causes full thickness destruction of
human skin at the site of contact within
a specified period of time. A liquid that
has a severe corrosion rate on steel or
aluminum based on the criteria in
§ 173.137(c)(2) is also a corrosive
material.’’ Certain solids with a low
melting point may become liquid during
transportation, and others may be
intentionally heated above their melting
point and transported as a liquid in the
molten state. We believe that the Class
8 definition should apply equally to
liquids and to solids offered for
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transportation or transported in a liquid
state. Therefore, we are proposing to
revise the definition of a ‘‘corrosive
material’’ in paragraph (a), to include a
solid material that is offered for
transportation or transported as a liquid
and has a severe corrosion rate on steel
or aluminium.
Also, we are proposing to remove the
grandfather provision in § 173.136(d) on
the basis that it is no longer necessary
because tests other than the one
specified in the UN Manual of Tests and
Criteria will be authorized. See the
§ 173.137 preamble discussion below.
Section 173.137
Section 173.137 establishes packing
group criteria for corrosive (Class 8)
materials. In a final rule published
under Docket HM–215G (69 FR 76155;
December 20, 2004), we revised the
language in paragraph (c)(2) mandating
the corrosion test in the UN Manual of
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Proposed PG
assignment
III.
Not regulated.
I.
II.
Not regulated.
Tests and Criteria as the only acceptable
test method for determining the
corrosivity of a material. That was not
our intent. In this NPRM, we are
proposing to revise paragraph (c)(2) to
specify that corrosivity may be
determined in accordance with methods
described in the UN Manual of Tests
and Criteria, as well as other equivalent
methods such as those described in
ASTM G 31–72.
Section 173.159
Section 173.159 establishes
transportation requirements for wet
electric storage batteries. In accordance
with the ICAO Technical Instructions,
we are proposing to revise paragraphs
(a), (c)(1), (c)(2), (c)(4), (c)(5), (d)(1) and
(e)(2) to clarify that batteries may be
protected against short circuits by the
use of non-conductive caps that cover
the entire terminal(s).
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Section 173.166
Section 173.166 establishes
transportation requirements for air bag
inflators, air bag modules, and seat-belt
pretensioners. Currently, paragraph
(d)(1) excepts from the HMR air bag
modules and seat-belt pretensioners
approved by the Associate
Administrator and installed in a motor
vehicle or a completed motor vehicle
component. We propose to revise
paragraph (d)(1) to expand the
exception to include air bag modules
and seat-belt pretensioners installed in
other means of conveyance, such as
boats and aircraft, or their components.
Section 173.187
Section 173.187 establishes
transportation requirements for
pyrophoric solids, metals, or alloys, not
otherwise specified (n.o.s.). We propose
to revise this section for clarity and to
correct an oversight by adding 4A steel
boxes to the list of authorized
packagings for pyrophoric solids, metals
or alloys, n.o.s.
Section 173.216
Section 173.216 establishes
transportation requirements for blue,
brown, or white asbestos. Paragraph (c)
of this section specifies packaging
requirements for these materials. In
paragraph (c), we are proposing to
require bags or other non-rigid packages
containing asbestos to be transported in
rigid outer packages or closed freight
containers.
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Section 173.220
Section 173.220 establishes
transportation requirements for internal
combustion engines, self-propelled
vehicles, mechanical equipment
containing internal combustion engines,
and battery powered vehicles and
equipment. For transportation by
aircraft, the HMR impose a pressure
limit of not more than 5% of the
maximum allowable working pressure
in any part of the system between the
pressure receptacle and the shut off
valve of a flammable gas powered
vehicle. We are proposing to revise
paragraph (b)(2)(ii)(B)(3) to specify that
the pressure limit imposed applies to
the entire closed system and that the
maximum pressure allowed is 290 psig
(2000 kPa). Also, consistently with the
ICAO Technical Instructions, we are
proposing to revise paragraphs (c) and
(d) to clarify that batteries may be
protected against short circuits by the
use of non-conductive caps that cover
the entire terminal(s).
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Section 173.222
This section establishes requirements
for hazardous materials in equipment,
machinery and apparatus. Because of
the addition of Special provision A105
in the HMT, the shipping paper
requirements in paragraph (d) no longer
apply to transportation by aircraft. We
are proposing to revise paragraph (d)
accordingly.
Section 173.224
Section 173.224 establishes packaging
and control and emergency
temperatures for self-reactive materials.
The Self-Reactive Materials Table in
paragraph (b)(7) of this section specifies
self-reactive materials authorized for
transportation without first being
approved for transportation by the
Associate Administrator for Hazardous
Materials Safety and requirements for
transporting these materials. In
paragraph (b)(7), we propose to add a
new entry ‘‘Acetone-pyrogallol
copolymer 2-diazo-1-naphthol-5sulphonate’’ to the Self-Reactive
Materials Table.
Section 173.230
We are proposing to add a new
packaging section (§ 173.230) for the
transportation of ‘‘Fuel cell cartridges
containing flammable liquids, UN
3473’’ including methanol or methanol/
water solutions. For consistency with
the ICAO Technical Instructions, we are
proposing to require fuel cell cartridges
containing flammable liquids, other
than those packaged with equipment, to
be packaged in specification packagings
for all modes of transportation. Fuel cell
cartridges packaged in or with
equipment must be packaged in strong
outer packagings.
Section 173.306
This section establishes transportation
requirements for limited quantities of
compressed gases. Paragraph (i) of this
section excepts aerosols with capacities
under 50 mL (1.7 oz) and pressures not
exceeding 970 kPa (141 psig) at 55 °C
(131 °F) from all HMR requirements. In
this NPRM, we propose to expand this
exception to aerosols with capacities of
less than 50 mL (1.7 oz) and pressures
of up to 290 psig (2000 kPa) provided
the packagings conform to the general
packaging requirements of § 173.24. The
proposed amendment is not consistent
with provisions of the UN
Recommendations or the ICAO
Technical Instructions, which do not
limit the pressure within the aerosol or
small receptacle. We are not convinced
that aerosols should be excepted from
all regulation when the pressure in the
container exceeds 290 psig (2000 kPa).
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Because the aerosols and small gas
receptacles would not be subject to the
shipping paper, package marking, or
labeling requirements, a carrier might be
unaware of the potential risks. In
addition, to avoid confusion and further
clarify the intent of this exception, we
are proposing to revise paragraph (i) to
specify that the 50 mL exception for
aerosols does not apply to self-defense
sprays. It was not our intent to authorize
the use of this exception for self-defense
sprays.
Also, we are proposing to add a new
paragraph (j) to alert readers to
additional exceptions for compressed
gases in § 173.307.
Part 175
Section 175.10
Currently, safety matches or a lighter
intended for use by a passenger or crew
member are excepted from the HMR. In
accordance with the ICAO Technical
Instructions, in this NPRM, we are
proposing to revise paragraph (a)(2) to
limit the number of safety matches that
may be carried on one’s person or in
carry-on baggage by a passenger or
crewmember to one packet.
Section 175.78
Section 175.78 establishes
requirements for stowing hazardous
materials on an airplane. We propose to
amend paragraph (c)(4) to clarify which
explosive materials may be stowed
together aboard an aircraft and to
remove existing stowage references for
explosive materials not authorized for
transportation aboard aircraft under any
circumstances.
Part 176
Section 176.76
Section 176.76 establishes
requirements for vessel transportation of
transport vehicles, freight containers,
and portable tanks containing hazardous
materials. Paragraph (f) includes
requirements for portable tanks
containing flammable liquids or gases.
Consistently with recent changes to the
classification of flammable liquids
based on the GHS and adopted into the
UN Recommendations discussed
elsewhere in this preamble, we are
proposing to revise paragraph (f)(2) to
specify the new upper limit for a PG III
flammable liquid to be 60 °C (140 °F).
Section 176.83
Section 176.83 establishes segregation
requirements for hazardous materials
transported by vessel. We are proposing
to revise paragraph (a)(4) to identify
materials of different hazard classes that
do not react dangerously with each
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other and, therefore, do not need to be
segregated.
Section 176.84
Section 176.84 contains additional
stowage and segregation requirements
for hazardous materials on cargo and
passenger vessels. Consistently with the
2004 Edition of the IMDG Code,
incorporating Amendment 33–06, in the
paragraph (b) Table of provisions, we
are proposing to add a new Code ‘‘144.’’
Code ‘‘144’’ would be added to the
entries ‘‘Plastic molding compound in
dough, sheet or extruded rope from
evolving flammable vapor,’’ UN3314,
and ‘‘Polymeric beads expandable,
evolving flammable vapor,’’ UN2211, to
specify these materials must be
mechanically ventilated in accordance
with SOLAS regulation II–2/19 (IBR; see
§ 171.7 of this subchapter) for
flammable liquids with a flashpoint
below 23 °C (73 °F) when stowed under
deck.
Also, we are proposing to add a new
note ‘‘2’’ following the Table. Note ‘‘2’’
provides an exception from the
segregation requirements for Class 8, PG
II and III materials, provided the
substances do not react dangerously
with each other and the quantities per
package do not exceed 30 L (7.8 gallons)
for liquids and 30 kg (66 lbs.) for solids.
We are also proposing to revise Codes
‘‘26,’’ ‘‘27,’’ ‘‘52,’’ and ‘‘53’’ to add the
new proposed note ‘‘2.’’ These
provisions are consistent with the IMDG
Code.
Part 178
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Section 178.274
Section 178.274 establishes design,
manufacturing, and test requirements
for UN portable tanks. Currently, a
prototype UN portable tank must be
shown capable of absorbing the forces
resulting from an impact not less than
four times the maximum permissible
gross weight of the fully loaded portable
tank at a duration that is typical of the
mechanical shocks experienced in rail
transportation. Several standards
describing methods acceptable for
performing the impact test were
previously listed in the UN
Recommendations (6.7.3.15). The
Fourteenth revised edition of the UN
Recommendations includes a dynamic
longitudinal impact test for portable
tanks. All procedures, test requirements,
processing and analysis of data are
found in Section 41 of Addendum 2 to
the UN Recommendations.
We propose to revise paragraph (j)(6)
to require each UN portable tank design
type be subjected to a dynamic
longitudinal impact test to prove the
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ability of the portable tank to withstand
the effects of a longitudinal impact. This
requirement would take effect on
January 1, 2008, and is consistent with
the international requirements. UN
portable tanks impact-tested based on
the criteria in effect on October 1, 2005,
would not need to be retested.
Section 178.602
Section 178.602 establishes
requirements for the preparation of
packagings for testing to ascertain that
the packaging conforms to the design
requirements of the applicable
specification. Currently, for the
preparation of bags for the drop and
stacking tests, paragraph (b) requires
bags to be filled to the maximum mass
at which they may be used. We are
proposing to revise paragraph (b) to
clarify that the preparation of bags for
the drop and stacking tests only applies
to bags containing solids.
Section 178.810
Section 178.810 establishes
requirements for performing the drop
test for IBCs. We are proposing to revise
paragraph (b)(1) to clarify that metal,
rigid plastic, and composite IBCs must
be filled to not less than 95% of their
maximum capacity when conducting
drop tests for solids, and not less than
98% of their maximum capacity for
liquids. Similarly, in paragraph (b)(2),
we are proposing to require fiberboard
and wooden IBCs to be filled with a
solid material to not less than 95% of
their maximum capacity. Also, we are
proposing to add a new paragraph (b)(3)
to require filling flexible IBCs to the
maximum permissible gross mass and
even distribution of the contents.
Part 180
Section 180.352
Section 180.352 establishes
requirements for retesting and
inspection of IBCs to ensure that they
continue to conform to the applicable
specification. We are proposing to revise
paragraph (b) to specify that each IBC
intended to contain solids that are
loaded or discharged under pressure or
intended to contain liquids must be
tested in accordance with the
leakproofness test prescribed in
§ 178.813 prior to its first use in
transportation. For this test, the IBC is
not required to have its closures fitted.
These additions incorporate
clarifications adopted in the Fourteenth
revised edition of the UN
Recommendations. We are proposing to
editorially revise paragraph (g) for
clarity.
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VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This proposed rule is published under
the following statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. This proposed rule
amends regulations to maintain
alignment with international standards
by incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations and vessel stowage
requirements. To this end, as discussed
in detail earlier in this preamble, the
proposed rule amends the HMR to more
fully align them with the biennial
updates of the UN Recommendations,
the IMDG Code and the ICAO Technical
Instructions; this will facilitate the
transport of hazardous materials in
international commerce.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This rule
proposes to amend the HMR to maintain
alignment with international standards
by incorporating various amendments to
facilitate the transport of hazardous
material in international commerce. To
this end, as discussed in detail earlier in
this preamble, the rule proposes to
incorporate changes into the HMR based
on the Fourteenth revised edition of the
UN Recommendations, Amendment 33
to the IMDG Code, and the 2007–2008
ICAO Technical Instructions, which
become effective January 1, 2007. The
continually increasing amount of
hazardous materials transported in
international commerce warrants the
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. While the intent of this
rulemaking is to align the HMR with
international standards, we review and
consider each amendment on its own
merit based on its overall impact on
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transportation safety and the economic
implications associated with its
adoption into the HMR. Our goal is to
harmonize without sacrificing the
current HMR level of safety and without
imposing undue burdens on the
regulated public. Thus, as discussed in
detail earlier in this preamble, there are
several instances where we elected not
to adopt a specific provision of the UN
Recommendations, the IMDG Code or
the ICAO Technical Instructions;
further, we are maintaining a number of
current exceptions for domestic
transportation that should minimize the
compliance burden on the regulated
community.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This proposed rule is not considered
a significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. The
proposed rule is not considered a
significant rule under the Regulatory
Policies and Procedures of the
Department of Transportation [44 FR
11034]. This proposed rule applies to
offerors and carriers of hazardous
materials, such as chemical
manufacturers, chemical users and
suppliers, packaging manufacturers,
distributors, battery manufacturers,
radiopharmaceutical companies, and
training companies. Benefits resulting
from the adoption of the amendments in
this proposed rule include enhanced
transportation safety resulting from the
consistency of domestic and
international hazard communications
and continued access to foreign markets
by U.S. manufacturers of hazardous
materials.
The majority of amendments in this
proposed rule should result in cost
savings and ease the regulatory
compliance burden for shippers engaged
in domestic and international
commerce, including trans-border
shipments within North America.
We propose a delayed effective date
and a one-year transition period to
allow for training of employees and to
ease any burden on entities affected by
the amendments. The total net increase
in costs to businesses in implementing
the proposed rule is considered to be
minimal. The costs are the result of
reprogramming shipping paper
computer programs, replacement of preprinted forms for firms that do not use
automated systems, and changes to
package markings and labels. Initial
start-up and inventory costs would
result from these changes; however, the
costs would be offset by greater longterm savings of conformance with one
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set of regulations and a one year
transition period. A regulatory
evaluation is available for review in the
public docket for this rulemaking.
C. Executive Order 13132
This proposed rule has been analyzed
in accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This proposed
rule preempts State, local and Indian
tribe requirements but does not propose
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. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, 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 material;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material;
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, recondition, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material in commerce.
This proposed rule addresses covered
subject items (1), (2), (3), and (5) above
and preempts State, local, and Indian
tribe requirements not meeting the
‘‘substantively the same’’ standard. This
proposed rule is necessary to
incorporate changes adopted in
international standards, effective
January 1, 2007. If the changes in this
proposed rule are not adopted in the
HMR, U.S. companies, including
numerous small entities competing in
foreign markets, would be at an
economic disadvantage. These
companies would be forced to comply
with a dual system of regulations. The
changes in this proposed rulemaking are
intended to avoid this result. Federal
hazardous materials transportation law
provides at section 5125(b)(2) that, if
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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 the final rule and
not later than two years after the date of
issuance. PHMSA proposes the effective
date of Federal preemption be 90 days
from publication of a final rule in this
matter in the Federal Register.
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, Executive
Order 13272, and DOT Procedures and
Policies
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 that a rule is not expected to
have a significant impact on a
substantial number of small entities.
This proposed rule facilitates the
transportation of hazardous materials in
international commerce by providing
consistency with international
standards. This proposed rule applies to
offerors and carriers of hazardous
materials, some of whom are small
entities, such as chemical users and
suppliers, packaging manufacturers,
distributors, battery manufacturers, and
training companies. As discussed above,
under Executive Order 12866, the
majority of amendments in this
proposed rule should result in cost
savings and ease the regulatory
compliance burden for shippers engaged
in domestic and international
commerce, including trans-border
shipments within North America.
Many companies will realize
economic benefits as a result of these
amendments. Additionally, the changes
effected by this final rule will relieve
U.S. companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system
of regulations. Therefore, I certify that
these amendments will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.
This proposed rule has been
developed in accordance with Executive
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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
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to a collection of information
unless it displays a valid Office of
Management and Budget (OMB) control
number. Section 1320.8(d), Title 5, Code
of Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
PHMSA currently has two approved
information collections affecting this
proposed rule: OMB Control Number
2137–0557, ‘‘Approvals for Hazardous
Materials’’ with 25,605 burden hours
and $562,837.40 burden costs; and OMB
Control Number 2137–0613,
‘‘Subsidiary Hazard Class & Number/
Type of Packagings’’ with 63,309 burden
hours and $216,705 burden costs.
This rule proposes minor editorial
changes. However, there is no net
increase in burden for OMB Control
Number 2137–0557 or OMB Control
Number 2137–0613. We estimate the
total information collection and
recordkeeping burden as follows:
‘‘Approvals for Hazardous Materials’’
OMB Number: 2137–0557.
Total Annual Number of
Respondents: 3,523.
Total Annual Responses: 3,874.8.
Total Annual Burden Hours: 25,605.
Total Annual Burden Cost:
$562,837.40.
erjones on PROD1PC72 with PROPOSALS2
‘‘Subsidiary Hazard Class & Number/
Type of Packagings’’
OMB Number: 2137–0613.
Total Annual Number of
Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Total Annual Burden Cost: $216,705.
Total First Year Burden Hours:
45,705.
Total First Year Burden Cost:
$1,115,992.
Requests for a copy of this
information collection should be
directed to Deborah Boothe or T. Glenn
Foster, Office of Hazardous Materials
Standards (PHH–10), Pipeline and
Hazardous Materials Safety
Administration, Room 8422, 400
Seventh Street, SW., Washington, DC
20590–0001, telephone (202) 366–8553.
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Jkt 208001
G. Regulation Identifier Number (RIN)
List of Subjects
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 crossreference this action with the Unified
Agenda.
49 CFR Part 171
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.
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Incorporation by reference, Labeling,
Markings, Packaging and containers,
Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
I. Environmental Assessment
49 CFR Part 175
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 developed an
assessment to determine the effects of
these revisions on the environment and
whether a more comprehensive
environmental impact statement may be
required. Consistency in the regulations
for the transportation of hazardous
materials aids in shipper understanding
of the requirements and permits
shippers to more easily comply with
safety regulations and avoid the
potential for environmental damage or
contamination. Our findings tentatively
conclude that there are no significant
environmental impacts associated with
this proposed rule. Interested parties,
however, are invited to review the
Environmental Assessment available in
the docket and to comment on what
environmental impact, if any, the
proposed regulatory changes would
have.
Air carriers, Hazardous materials
transportation, Incorporation by
reference, Radioactive materials,
Reporting and recordkeeping
requirements.
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) or you
may visit https://dms.dot.gov.
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49 CFR Part 176
Hazardous materials transportation,
Incorporation by reference, Maritime
carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Motor vehicle safety, Packaging
and containers, Railroad safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR Chapter I is proposed to be
amended as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues 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 § 171.7, in the paragraph (a)(3)
table, the following changes are made:
a. Under the entry ‘‘International Civil
Aviation Organization (ICAO),’’ the
E:\FR\FM\31AUP2.SGM
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entry ‘‘Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions),
2005–2006 Edition’’ is revised;
b. Under the entry ‘‘International
Maritime Organization (IMO),’’ the
entries ‘‘International Convention for
the Safety of Life at Sea, (SOLAS)
Amendments 2000, Chapter II–2/
Regulation 19, 2001’’ and ‘‘International
Maritime Dangerous Goods Code (IMDG
Code), 2004 Edition, Incorporating
Amendment 32–04 (English Edition),
Volumes 1 and 2’’ are revised;
c. Under the entry ‘‘United Nations,’’
the entry ‘‘UN Recommendations on the
Transport of Dangerous Goods,
Thirteenth Revised Edition (2003),
Volumes I and II’’ is revised;
d. Under the entry ‘‘United Nations,’’
the entry ‘‘UN Recommendations on the
Source and name of material
*
*
International Civil Aviation Organization (ICAO).
Transport of Dangerous Goods, Manual
of Tests and Criteria, Fourth Revised
Edition, (2003)’’ is revised.
The revisions read as follows:
§ 171.7
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
49 CFR reference
*
*
*
*
*
*
*
*
*
*
*
*
Technical Instructions for the Safe Transport of Dangerous Goods by 171.8; 171.11; 172.202; 172.401; 172.512; 172.602; 173.320; 175.33;
Air (ICAO Technical Instructions), 2007–2008 Edition.
178.3.
International Maritime Organization (IMO).
*
*
*
*
*
*
*.
International Convention for the Safety of Life at Sea, (SOLAS) Amend- 176.63; 176.84.
ments 2000, Chapter II–2/Regulation 19, 2001.
International Maritime Dangerous Goods Code (IMDG 2006 Edition, In- 171.12; 172.202; 172.401; 172.502; 172.602; 173.21; 176.2; 176.5;
corporating Amendment 33–06 (English Edition), Volumes 1 and 2.
176.11; 176.27; 176.30; 178.3.
*
United Nations.
*
*
*
*
*
*
*
*
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Four- 171.12; 172.202; 172.41; 172.502; 173.22; 173.24; 173.24b; 173.197;
teenth revised edition (2005). Volumes I and II.
Part 173, appendix H; 178.274; 178.001.
UN Recommendations on the Transport of Dangerous Goods, Manual 172.102; 173.21; 173.56; 173.57; 173.58; 173.115; 173.124; 173.125;
of Tests and Criteria, Fourth revised edition, (2003), and Addendum
173.127; 173.128; 173.185; 178.274.
2, (2004).
*
*
*
*
*
*
*
*
3. In § 171.14, paragraph (b) is
removed and reserved; paragraphs (d)
introductory text, (d)(1) and (d)(2) are
revised; paragraphs (d)(7) and (d)(8) are
removed; paragraphs (e) and (f) are
revised; and new paragraph (g) is added
to read as follows:
§ 171.14 Transitional provisions for
implementing certain requirements.
erjones on PROD1PC72 with PROPOSALS2
*
*
*
*
*
(b) [Reserved]
*
*
*
*
*
(d) A final rule published in the
Federal Register on [PUBLICATION
DATE OF FINAL RULE], effective
January 1, 2007, resulted in revisions to
this subchapter. During the transition
period, until January 1, 2008, as
provided in paragraph (d)(1) of this
section, a person may elect to comply
with either the applicable requirements
of this subchapter in effect on December
31, 2006, or the requirements published
in the [PUBLICATION DATE OF FINAL
RULE] final rule.
(1) Transition dates. The effective
date of the final rule published on
VerDate Aug<31>2005
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Jkt 208001
*
*
[PUBLICATION DATE OF FINAL
RULE] is January 1, 2007. A delayed
compliance date of January 1, 2008, is
authorized. Unless otherwise specified,
on and after January 1, 2008, all
applicable regulatory requirements
adopted in the final rule in effect on
January 1, 2007, must be met.
(2) Intermixing old and new
requirements. Marking, labeling,
placarding, and shipping paper
descriptions must conform to either the
old requirements of this subchapter in
effect on December 31, 2006, or the new
requirements of this subchapter in the
final rule without intermixing
communication elements, except that
intermixing is permitted during the
applicable transition period for
packaging, hazard communication and
handling provisions, as follows:
(i) If either shipping names or
identification numbers are identical, a
shipping paper may display the old
shipping description even if the package
is marked and labeled under the new
shipping description;
(ii) If either shipping names or
identification numbers are identical, a
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*
*
shipping paper may display the new
shipping description; and
(iii) Either old or new placards may be
used regardless of whether old or new
shipping descriptions, labels, and
package markings are used.
*
*
*
*
*
(e) The shipping description
sequences in effect on December 31,
2006, may be used until January 1, 2012.
(f) A Division 5.2 label and a Division
5.2 placard conforming to the
specifications in §§ 172.427 and
172.552, respectively, of this subchapter
in effect on December 31, 2006, may be
used until January 1, 2011.
(g) The Class 3 and Division 6.1
classification criteria and packing group
assignments in effect on December 31,
2006, may be used until January 1, 2012.
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
4. The authority citation for part 172
continues to read as follows:
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§ 172.101 Purpose and use of hazardous
materials table.
5. In § 172.101, paragraph (d)(4) is
revised and the Hazardous Materials
Table is amended by removing, adding
and revising, in the appropriate
alphabetical sequence, to read as
follows:
erjones on PROD1PC72 with PROPOSALS2
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
*
VerDate Aug<31>2005
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Jkt 208001
*
*
*
*
(d) * * *
(4) Each reference to a Class 3
material is modified to read
‘‘Combustible liquid’’ when that
material is reclassified in accordance
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with § 173.150(e) or (f) of this
subchapter or has a flash point above 60
°C (140 °F) but below 93 °C (200 °F).
*
*
*
*
*
E:\FR\FM\31AUP2.SGM
31AUP2
VerDate Aug<31>2005
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Jkt 208001
PO 00000
Carbon monoxide
and hydrogen
mixture, compressed.
Carbon dioxide and
oxygen mixtures,
compressed.
Carbon dioxide and
nitrous oxide
mixtures.
[Remove].
(2)
Hazardous materials descriptions
and proper shipping names
UN2600 ....
UN1014 ....
UN1015 ....
Rare gases and nitrogen mixtures,
compressed.
Propionic acid .......
Hydroquinone solution.
UN2662 ....
UN1848 ....
UN1981 ....
8
*
6.1
*
2.2
*
UN3435 ....
*
6.1
UN1740 ....
*
...................
*
III ..............
*
III ..............
*
2.2 ......................
*
8 .........................
*
6.1 ......................
*
6.1 ......................
*
8 .........................
*
III ..............
Hydroquinone,
solid.
8
*
II ...............
31AUP2
*
UN1779 ....
8 .........................
8 .........................
*
6.1, 3 ..................
*
2.3, 2.1 ...............
*
2.2, 5.1 ...............
*
2.2 ......................
(6)
Label codes
E:\FR\FM\31AUP2.SGM
Hydrogendifluorides, n.o.s.
8
III ..............
III ..............
*
I ................
*
...................
*
...................
*
...................
(5)
PG
8 .........................
*
UN2823 ....
UN2823 ....
*
6.1
8
8
UN1143 ....
*
2.3
*
2.2
*
2.2
(4)
Identification
numbers
III ..............
(3)
Hazard
class or
division
*
............................
*
IB3, T4, TP1 .......
*
IB3, T4, TP1 .......
*
IB8, IP3, T1,
TP33.
*
IB8, IP2, IP4, N3,
N34, T3, TP33.
IB8, IP3, N3,
N34, T1, TP33.
*
B2, B28, IB2, T7,
TP2.
*
2, B9, B14, B32,
B74, B77, T20,
TP2, TP13,
TP38, TP45.
IB8, T1 ...............
IB8, IP3, T1,
TP33.
*
6 .........................
*
77, A14 ...............
*
............................
(7)
Special provisions
(§ 172.102)
*
306 ...........
*
154 ...........
*
153 ...........
*
153 ...........
154 ...........
*
None .........
*
154 ...........
154 ...........
154 ...........
*
None .........
*
None .........
*
306 ...........
*
306 ...........
(8A)
Exceptions
302 ...........
203 ...........
203 ...........
213 ...........
213 ...........
212 ...........
202 ...........
203 ...........
213 ...........
227 ...........
302 ...........
304 ...........
None .........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE
*
8 .........................
Sfmt 4702
*
II ...............
Fmt 4701
Formic acid ...........
Crotonic acid, liquid
Crotonic acid, solid
Frm 00017
Crotonaldehyde,
stabilized.
(1)
Symbols
erjones on PROD1PC72 with PROPOSALS2
*
None .........
*
241 ...........
*
241 ...........
*
240 ...........
240 ...........
*
240 ...........
*
242 ...........
241 ...........
240 ...........
*
244 ...........
*
302 ...........
*
314, 315 ...
*
314, 315 ...
(8C)
Bulk
*
75 kg ........
*
5 L ............
*
60 L ..........
*
100 kg ......
25 kg ........
*
15 kg ........
*
1 L ............
5 L ............
25 kg ........
*
Forbidden
*
Forbidden
*
75 kg ........
*
75 kg ........
(9A)
Passenger
aircraft/rail
150 kg ......
60 L ..........
220 L ........
200 kg ......
100 kg ......
50 kg ........
30 L ..........
60 L ..........
100 kg ......
Forbidden
Forbidden
150 kg ......
150 kg ......
(9B)
Cargo aircraft only
(9)
Quantity limitations
A.
A.
A.
A.
A ...............
A ...............
A ...............
A ...............
A ...............
B ...............
D ...............
A.
A.
(10A)
Location
25, 40, 52.
25, 40, 52.
40.
12.
12.
40.
40.
(10B)
Other
(10)
Vessel stowage
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51909
15:31 Aug 30, 2006
Jkt 208001
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E:\FR\FM\31AUP2.SGM
31AUP2
(3)
*
*
*
UN3412 ....
UN3472 ....
UN2823 ....
UN1143 ....
UN3291 ....
UN1979 ....
UN1980 ....
(4)
Identification
numbers
3
8
Hydrogendifluorides, solid, n.o.s.
Hydrogendifluoride
solution, n.o.s.
UN3471 ....
UN1740 ....
UN3473 ....
UN1779 ....
8
8
UN3412 ....
8
8
8
*
6.1
*
*
6.2
*
2.2
*
2.2
Hazard
class or
division
8
Fuel cell cartridges
containing flammable liquids.
Formic acid with
not less than
10% but not
more than 85%
acid by mass.
Formic acid with
not less than 5%
but less than
10% acid by
mass.
Formic acid with
more than 85%
acid by mass.
Crotonic acid, liquid
Crotonic acid, solid
Crotonaldehyde or
Crotonaldehyde,
stabilized.
[ADD]:
Regulated medical
waste.
Rare gases mixtures, compressed.
(2)
Rare gases and
oxygen mixtures,
compressed.
VerDate Aug<31>2005
(1)
Symbols
Hazardous materials descriptions
and proper shipping names
erjones on PROD1PC72 with PROPOSALS2
8, 6.1 ..................
8, 6.1 ..................
III ..............
8 .........................
III ..............
II ...............
*
8 .........................
*
3 .........................
8, 3 .....................
8 .........................
*
8 .........................
8 .........................
8 .........................
*
6.1, 3 ..................
*
*
6.2 ......................
*
2.2 ......................
*
2.2 ......................
(6)
Label codes
*
II ...............
*
II ...............
II ...............
III ..............
*
II ...............
III ..............
III ..............
*
I ................
*
*
II ...............
*
...................
*
...................
(5)
PG
IB3, T4, TP1 .......
*
IB8, IP2, IP4, N3,
N34, T3, TP33.
IB8, IP3, N3,
N34, T1, TP33.
IB2, T7, TP2 .......
*
............................
B2, B28, IB2, T7,
TP2.
IB3, T4, TP1 .......
*
IB2, T7, TP2 .......
*
2, 175, B9, B14,
B32, B74, B77,
T20, TP2,
TP13, TP38,
TP45.
IB8, T1 ...............
IB8, IP3, T1,
TP33.
*
*
A13 .....................
*
............................
*
79 .......................
(7)
Special provisions
(§ 172.102)
154 ...........
154 ...........
154 ...........
*
None .........
*
150 ...........
154 ...........
154 ...........
*
154 ...........
154 ...........
154 ...........
*
None .........
*
*
134 ...........
*
306 ...........
*
306 ...........
(8A)
Exceptions
203 ...........
202 ...........
213 ...........
212 ...........
230 ...........
202 ...........
203 ...........
202 ...........
203 ...........
213 ...........
227 ...........
197 ...........
302 ...........
302 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
241 ...........
242 ...........
240 ...........
*
240 ...........
*
None .........
242 ...........
241 ...........
*
242 ...........
241 ...........
240 ...........
*
244 ...........
*
*
197 ...........
*
None .........
*
None .........
(8C)
Bulk
5 L ............
1 L ............
25 kg ........
*
15 kg ........
*
5 L ............
1 L ............
5 L ............
*
1 L ............
5 L ............
25 kg ........
*
Forbidden
*
*
No limit .....
*
75 kg ........
*
75 kg ........
(9A)
Passenger
aircraft/rail
60 L ..........
30 L ..........
100 kg ......
50 kg ........
60 L ..........
30 L ..........
60 L ..........
30 L ..........
60 L ..........
100 kg ......
Forbidden
No limit .....
150 kg ......
150 kg ......
(9B)
Cargo aircraft only
(9)
Quantity limitations
A ...............
A ...............
A ...............
A ...............
A.
A ...............
A ...............
A ...............
A ...............
A ...............
B ...............
A ...............
A.
A.
(10A)
Location
25, 40, 52.
25, 40, 52.
25, 40, 52.
25, 40, 52.
40.
40.
40.
12.
12.
40.
40.
(10B)
Other
(10)
Vessel stowage
51910
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E:\FR\FM\31AUP2.SGM
31AUP2
Regulated medical
waste, n.o.s. or
Clinical waste,
unspecified,
n.o.s. or (BIO)
Medical waste,
n.o.s.
Propionic acid with
not less than
90% acid by
mass.
Propionic acid with
not less than
10% and less
than 90% acid by
mass.
Paint related material, flammable,
corrosive
(including paint
thinning or reducing compound).
Paint, flammable,
corrosive
(including paint,
lacquer, enamel,
stain, shellac,
varnish, polish,
liquid filler and
liquid lacquer
base).
Paint, corrosive,
flammable
(including paint,
lacquer, enamel,
stain, shellac,
varnish, polish,
liquid filler and
liquid lacquer
base).
Paint related material corrosive,
flammable
(including paint
thinning or reducing compound).
erjones on PROD1PC72 with PROPOSALS2
UN3463 ....
UN3469 ....
UN3469 ....
UN3470 ....
UN3470 ....
UN1848 ....
8
3
3
8
8
UN3291 ....
8
*
*
*
*
6.2
3, 8 .....................
*
3, 8 .....................
8, 3 .....................
*
8, 3 .....................
3, 8 .....................
*
II ...............
III ..............
*
6.2 ......................
8 .........................
*
8, 3 .....................
III ..............
*
II ...............
3, 8 .....................
II ...............
3, 8 .....................
III ..............
I ................
3, 8 .....................
II ...............
*
I ................
II ...............
*
II ...............
*
A13 .....................
IB3, T4, TP1 .......
*
IB2, T7, TP2 .......
IB2, T7, TP2,
TP8, TP28.
IB3, T4, TP1,
TP29.
IB2, T7, TP2,
TP8, TP28.
IB3, T4, TP1,
TP29.
T11, TP2, TP27
*
T11, TP2, TP27
IB2, T7, TP2,
TP8, TP28.
*
IB2, T7, TP2,
TP8, TP28.
*
134 ...........
154 ...........
*
154 ...........
150 ...........
150 ...........
None .........
150 ...........
150 ...........
*
None .........
154 ...........
*
154 ...........
197 ...........
203 ...........
202 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
202 ...........
202 ...........
*
197 ...........
241 ...........
*
243 ...........
242 ...........
243 ...........
243 ...........
242 ...........
243 ...........
*
243 ...........
243 ...........
*
243 ...........
*
No limit .....
5 L ............
*
1 L ............
5 L ............
1 L ............
0.5 L .........
5 L ............
1 L ............
*
0.5 L .........
1 L ............
*
1 L ............
No limit .....
60 L ..........
30 L ..........
60 L ..........
5 L ............
2.5 L .........
60 L ..........
5 L ............
2.5 L .........
30 L ..........
30 L ..........
B ...............
A.
A.
A ...............
B ...............
E ...............
A ...............
B ...............
E ...............
B ...............
B ...............
40.
40.
40.
40.
40.
40.
40.
40.
40.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51911
VerDate Aug<31>2005
15:31 Aug 30, 2006
Jkt 208001
PO 00000
Frm 00020
Fmt 4701
Sfmt 4702
E:\FR\FM\31AUP2.SGM
I ...................
D .................
D .................
I ...................
G .................
(1)
Symbols
Aminopyridines (o;,m-;p-).
Ammonia, anhydrous.
Ammonia, anhydrous.
Ammonia solution,
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
Ammonia solution,
relative density
less 0.880 at 15
degrees C in
water, with more
than 50 percent
ammonia.
Ammonia solutions,
relative density
between 0.880
and 0.957 at 15
degrees C in
water, with more
than 10 percent
but not more
than 35 percent
ammonia.
Amines, flammable, corrosive,
n.o.s. or
Polyamines,
flammable, corrosive, n.o.s.
Aerosols, non-flammable, (each not
exceeding 1 L
capacity).
[Revise]:
(2)
Hazardous materials descriptions
and proper shipping names
erjones on PROD1PC72 with PROPOSALS2
(3)
3
UN3318 ....
UN3318 ....
UN1005 ....
UN1005 ....
UN2671 ....
UN2733 ....
UN1950 ....
(4)
Identification
numbers
UN2672 ....
2.3
2.2
2.2
2.3
*
6.1
*
*
2.2
*
Hazard
class or
division
8
31AUP2
III ..............
...................
...................
...................
...................
*
II ...............
III ..............
II ...............
*
I ................
*
...................
*
(5)
PG
8 .........................
2.3, 8 ..................
2.2 ......................
2.2 ......................
2.3, 8 ..................
*
6.1 ......................
3, 8 .....................
3, 8 .....................
*
3, 8 .....................
*
2.2 ......................
*
(6)
Label codes
IB3, IP8, T7, TP1
4, T50 .................
13, T50 ...............
13, T50 ...............
*
IB8, IP2, IP4, T3,
TP33.
4, T50 .................
IB2, T11, TP1,
TP27.
B1, IB3, T7, TP1,
TP28.
*
T14, TP1, TP27
*
............................
*
(7)
Special provisions
(§ 172.102)
*
154 ...........
None .........
None .........
None .........
None .........
*
153 ...........
150 ...........
150 ...........
*
None .........
*
306 ...........
(8A)
Exceptions
203 ...........
304 ...........
304 ...........
304 ...........
304 ...........
212 ...........
203 ...........
202 ...........
201 ...........
None .........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
241 ...........
314, 315 ...
314, 315 ...
314, 315 ...
314, 315 ...
*
242 ...........
242 ...........
243 ...........
*
243 ...........
*
None .........
*
(8C)
Bulk
*
5 L ............
Forbidden
Forbidden
Forbidden
Forbidden
*
25 kg ........
5 L ............
1 L ............
*
0.5 L .........
*
75 kg ........
(9A)
Passenger
aircraft/rail
60 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
100 kg ......
60 L ..........
5 L ............
2.5 L .........
150 kg ......
(9B)
Cargo aircraft only
(9)
Quantity limitations
A ...............
D ...............
D ...............
D ...............
D ...............
B ...............
A ...............
B ...............
D ...............
A ...............
(10A)
Location
40, 52, 85.
40, 52, 57.
40, 52, 57.
40, 52, 57.
40, 52, 57.
12, 40, 52.
40, 52
40, 52
40, 52.
48, 87,
126.
(10B)
Other
(10)
Vessel stowage
51912
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
VerDate Aug<31>2005
15:31 Aug 30, 2006
Jkt 208001
PO 00000
Frm 00021
Fmt 4701
Articles, explosive,
n.o.s..
Sfmt 4702
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
G .................
G .................
E:\FR\FM\31AUP2.SGM
31AUP2
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
Articles, explosive,
n.o.s..
G .................
G .................
G .................
G .................
G .................
G .................
G .................
Articles, explosive,
extremely insensitive or Articles,
EEI.
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Articles, explosive,
n.o.s..
Antimony trichloride, solid.
Ammonia solutions,
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
erjones on PROD1PC72 with PROPOSALS2
UN1733 ....
UN2073 ....
1.4F
1.4E
1.3C
1.2F
1.2E
1.2D
1.2C
1.1F
1.1E
1.1D
1.1C
1.3L
1.2L
1.1L
1.4G
1.4D
1.4C
1.4B
UN0472 ....
UN0471 ....
UN0470 ....
UN0469 ....
UN0468 ....
UN0467 ....
UN0466 ....
UN0465 ....
UN0464 ....
UN0463 ....
UN0462 ....
UN0356 ....
UN0355 ....
UN0354 ....
UN0353 ....
UN0352 ....
UN0351 ....
UN0350 ....
UN0349 ....
*
1.6N
1.4S
UN0486 ....
8
*
2.2
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
*
II ...............
*
II ...............
...................
1.4F ....................
1.4E ....................
1.3C ....................
1.2F ....................
1.2E ....................
1.2D ....................
1.2C ....................
1.1F ....................
1.1E ....................
1.1D ....................
1.1C ....................
1.3L ....................
1.2L ....................
1.1L ....................
1.4G ...................
1.4D ....................
1.4C ....................
1.4B ....................
1.4S ....................
*
1.6N ....................
*
8 .........................
2.2 ......................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
*
............................
*
IB8, IP2, IP4, T3,
TP33.
............................
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
*
None .........
*
154 ...........
306 ...........
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
212 ...........
304 ...........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
*
None .........
*
240 ...........
314, 315 ...
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
25 kg ........
*
Forbidden
*
15 kg ........
Forbidden
Forbidden
75 kg ........
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
75 kg ........
75 kg ........
75 kg ........
Forbidden
100 kg ......
Forbidden
50 kg ........
150 kg ......
08.
06.
07.
08.
07.
07.
07.
08.
07.
07.
07.
08 .............
08 .............
08 .............
06.
06.
06.
06.
05.
07.
A ...............
E ...............
8E, 14E,
15E,
17E.
8E, 14E,
15E,
17E.
8E, 14E,
15E,
17E.
40.
40, 52, 57.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51913
VerDate Aug<31>2005
17:14 Aug 30, 2006
G .................
(1)
Symbols
Jkt 208001
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
E:\FR\FM\31AUP2.SGM
31AUP2
Chlorosilanes, corrosive, n.o.s.
Chlorosilanes,
flammable, corrosive, n.o.s.
Chlorosilanes,
toxic, corrosive,
n.o.s.
Chlorosilanes,
toxic, corrosive,
flammable, n.o.s.
Charges, shaped,
flexible, linear.
Caustic alkali liquids, n.o.s.
Caesium hydroxide
solution.
Caesium hydroxide
Benzyl chloride .....
Benzyl bromide .....
Battery fluid, alkali
Batteries, wet, filled
with alkali, electric storage.
Batteries, dry, containing potassium hydroxide
solid, electric,
storage.
(2)
Hazardous materials descriptions
and proper shipping names
erjones on PROD1PC72 with PROPOSALS2
8
8
8
*
*
*
8
8
8
6.1
*
6.1
*
*
*
UN2987 ....
UN0288 ....
UN1719 ....
UN2681 ....
UN2682 ....
UN1738 ....
UN1737 ....
UN2797 ....
UN2795 ....
UN3028 ....
(4)
Identification
numbers
UN2985 ....
UN3361 ....
UN3362 ....
8
3
6.1
6.1
*
*
1.1D
(3)
Hazard
class or
division
*
8 .........................
*
8 .........................
6.1, 8 ..................
*
6.1, 8 ..................
*
8 .........................
*
8 .........................
*
8 .........................
(6)
Label codes
II ...............
II ...............
II ...............
*
II ...............
6.1, 3, 8 ..............
6.1, 8 ..................
3, 8 .....................
*
8 .........................
*
1.1D ....................
8 .........................
III ..............
*
II ...............
*
8 .........................
III ..............
*
II ...............
8 .........................
*
II ...............
*
II ...............
II ...............
*
II ...............
*
II ...............
*
III ..............
*
III ..............
(5)
PG
IB1, T11, TP2,
TP13.
IB1, T11, TP2,
TP13.
*
B2, IB2, T14,
TP2, TP27.
IB1, T11, TP2,
TP13, TP27.
*
............................
*
B2, IB2, T11,
TP2, TP27.
IB3, T7, TP1,
TP28.
IB3, T4, TP1 .......
*
B2, IB2, T7, TP2
*
IB8, IP2, IP4, T3,
TP33.
*
A3, A7, IB2, N33,
N34, T8, TP2,
TP12, TP13.
A3, A7, B70, IB2,
N33, N42, T8,
TP2, TP12,
TP13.
*
B2, IB2, N6, T7,
TP2, TP28.
*
............................
*
............................
(7)
Special provisions
(§ 172.102)
None .........
None .........
None .........
*
None .........
*
None .........
154 ...........
*
154 ...........
154 ...........
*
154 ...........
*
154 ...........
None .........
*
None .........
*
154 ...........
*
159 ...........
*
None .........
(8A)
Exceptions
202 ...........
202 ...........
201 ...........
202 ...........
62 .............
203 ...........
202 ...........
202 ...........
202 ...........
212 ...........
202 ...........
202 ...........
202 ...........
159 ...........
213 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
243 ...........
243 ...........
243 ...........
*
242 ...........
*
None .........
241 ...........
*
242 ...........
241 ...........
*
242 ...........
*
240 ...........
243 ...........
*
243 ...........
*
242 ...........
*
159 ...........
*
None .........
(8C)
Bulk
1 L ............
1 L ............
1 L ............
*
1 L ............
*
Forbidden
5 L ............
*
1 L ............
5 L ............
*
1 L ............
*
15 kg ........
1 L ............
*
1 L ............
*
1 L ............
*
30 kg gross
*
25 kg gross
(9A)
Passenger
aircraft/rail
30 L ..........
30 L ..........
5 L ............
30 L ..........
Forbidden
60 L ..........
30 L ..........
60 L ..........
30 L ..........
50 kg ........
30 L ..........
30 L ..........
30 L ..........
No limit .....
230 kg
gross.
(9B)
Cargo aircraft only
(9)
Quantity limitations
C ...............
C ...............
B ...............
C ...............
07..
A ...............
A ...............
A ...............
A ...............
A ...............
D ...............
D ...............
A ...............
A ...............
A ...............
(10A)
Location
40, 125.
40.
40.
40.
29, 52.
29, 52.
29, 52.
29, 52.
29, 52.
13, 40.
13, 40.
29, 52.
52.
52.
(10B)
Other
(10)
Vessel stowage
51914
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
VerDate Aug<31>2005
15:31 Aug 30, 2006
Jkt 208001
PO 00000
G .................
G .................
G .................
G .................
G .................
G .................
Frm 00023
Fmt 4701
Sfmt 4702
E:\FR\FM\31AUP2.SGM
31AUP2
Dimethylhydrazine,
symmertrical.
1, 3Dimethylbutylamine.
Dimethylamine solution.
Dangerous Goods
in machinery or
Dangerous
Goods in Apparatus.
Corrosive, liquid,
acidic, inorganic,
n.o.s.
Contrivances,
water-activated,
with burster, expelling charge or
propelling charge.
Contrivances,
water-activated,
with burster, expelling charge or
propelling charge.
Compressed gas,
n.o.s.
Components, explosive train,
n.o.s.
Components, explosive train,
n.o.s.
Components, explosive train,
n.o.s.
Components, explosive train,
n.o.s..
Chromium trioxide,
anhydrous.
erjones on PROD1PC72 with PROPOSALS2
UN1463 ....
UN0461 ....
UN0384 ....
*
1.2L
UN1160 ....
UN3363 ....
UN3264 ....
UN2379 ....
3
9
8
UN2382 ....
3
*
*
*
*
UN0249 ....
UN0248 ....
*
2.2
1.3L
UN1956 ....
1.1B
1.4S
UN0383 ....
*
1.2B
1.4B
UN0382 ....
*
5.1
*
6.1
8 .........................
*
8 .........................
1.3L ....................
*
1.2L ....................
*
2.2 ......................
1.1B ....................
1.4S ....................
1.4B ....................
*
1.2B ....................
*
5.1, 6.1, 8 ...........
*
I ................
*
II ...............
*
II ...............
*
6.1, 3 ..................
*
3, 8 .....................
*
3, 8 .....................
*
............................
III ..............
*
...................
8 .........................
II ...............
*
I ................
II ...............
*
II ...............
*
...................
II ...............
II ...............
II ...............
*
II ...............
*
II ...............
*
2, B9, B14, B32,
B74, B77, T20,
TP2, TP13,
TP38, TP45.
*
IB2, T7, TP1 .......
*
IB2, T7, TP1 .......
*
136, A105 ...........
B2, IB2, T11,
TP2, TP27
IB3, T7, TP1,
TP28
*
A6, B10, T14,
TP2, TP27.
............................
*
............................
*
77 .......................
............................
............................
............................
*
............................
*
IB8, IP4, T3,
TP33.
*
None .........
*
150 ...........
*
150 ...........
*
None .........
154 ...........
154 ...........
*
None .........
None .........
*
None .........
*
306, 307 ...
None .........
None .........
None .........
*
None .........
*
None .........
227 ...........
202 ...........
202 ...........
222 ...........
203 ...........
202 ...........
201 ...........
62 .............
62 .............
302, 305 ...
62 .............
62 .............
62 .............
62 .............
212 ...........
*
244 ...........
*
243 ...........
*
243 ...........
*
None .........
241 ...........
242 ...........
*
243 ...........
None .........
*
None .........
*
314, 315 ...
None .........
None .........
None .........
*
None .........
*
242 ...........
*
Forbidden
*
1 L ............
*
1 L ............
*
See A105
5 L ............
1 L ............
*
0.5 L .........
Forbidden
*
Forbidden
*
75 kg ........
Forbidden
25 kg ........
Forbidden
*
Forbidden
*
5 kg ..........
Forbidden
5 L ............
5 L ............
See A105
60 L ..........
30 L ..........
2.5 L .........
Forbidden
Forbidden
150 kg ......
Forbidden
100 kg ......
75 kg ........
Forbidden
25 kg ........
D ...............
B ...............
B ...............
A.
A ...............
B ...............
B ...............
08 .............
08 .............
A.
11..
05..
06..
11..
A.
40, 52, 74.
52.
52.
40.
40.
40.
8E, 14E,
15E,
17E.
8E, 14E,
15E,
17E.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51915
VerDate Aug<31>2005
Dimethylhydrazine,
unsymmetrical.
(2)
Jkt 208001
PO 00000
Frm 00024
Fmt 4701
Sfmt 4702
E:\FR\FM\31AUP2.SGM
31AUP2
Hydrazine, aqueous solutions,
with more than
37% hydrazne,
by mass.
Hydrazine, aqueous solution, with
not more than 37
percent
hydrazne, by
mass.
Hydrazine, anhydrous.
Ethyltrichlorosilane
1-Ethylpiperidine ...
Ethylenediamine ...
Ethylamine, aqueous solution with
not less than 50
percent but not
more than 70
percent ethylamine.
Ethanolamine or
Ethanolaminesolutions.
15:31 Aug 30, 2006
Disodium
trioxosilicate.
(1)
Symbols
Hazardous materials descriptions
and proper shipping names
erjones on PROD1PC72 with PROPOSALS2
(3)
UN1196 ....
UN2386 ....
UN1604 ....
UN2270 ....
UN2491 ....
UN3253 ....
UN2029 ....
3
3
8
3
8
8
UN1163 ....
(4)
Identification
numbers
8
UN2030 ....
*
6.1
*
UN3293 ....
8
*
*
*
*
*
*
*
6.1
Hazard
class or
division
*
8, 6.1 ..................
8, 6.1 ..................
8, 6.1 ..................
II ...............
III ..............
*
6.1 ......................
*
8, 3, 6.1 ..............
*
3, 8 .....................
*
3, 8 .....................
*
8, 3 .....................
*
3, 8 .....................
*
8 .........................
*
8 .........................
6.1, 3, 8 ..............
(6)
Label codes
*
I ................
*
III ..............
*
I ................
*
II ...............
*
II ...............
*
II ...............
*
II ...............
*
III ..............
*
III ..............
I ................
(5)
PG
B16, B53, IB2,
T7, TP2, TP13.
B16, B53, IB3,
T4, TP1.
*
B16, B53, T10,
TP2, TP13.
*
IB3, T4, TP1 .......
*
A3, A6, A7, A10,
B7, B16, B53.
*
A7, IB1, N34, T7,
TP2, TP13.
*
IB2, T7, TP1 .......
*
IB2, T7, TP2 .......
*
IB2, T7, TP1 .......
*
IB3, T4, TP1 .......
*
IB8, IP3, T1,
TP33.
2, B7, B9, B14,
B32, B74, T20,
TP2, TP13,
TP38, TP45.
(7)
Special provisions
(§ 172.102)
None .........
None .........
*
None .........
*
153 ...........
*
None .........
*
None .........
*
150 ...........
*
154 ...........
*
150 ...........
*
154 ...........
*
154 ...........
None .........
(8A)
Exceptions
203 ...........
202 ...........
201 ...........
203 ...........
201 ...........
202 ...........
202 ...........
202 ...........
202 ...........
203 ...........
213 ...........
227 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
241 ...........
243 ...........
*
243 ...........
*
241 ...........
*
243 ...........
*
243 ...........
*
243 ...........
*
243 ...........
*
243 ...........
*
241 ...........
*
240 ...........
244 ...........
(8C)
Bulk
5 L ............
Forbidden
*
Forbidden
*
60 L ..........
*
Forbidden
*
1 L ............
*
1 L ............
*
1 L ............
*
1 L ............
*
5 L ............
*
25 kg ........
Forbidden
(9A)
Passenger
aircraft/rail
60 L ..........
30 L ..........
2.5 L .........
200 L ........
2.5 L .........
5 L ............
5 L ............
30 L ..........
5 L ............
60 L ..........
100 kg ......
Forbidden
(9B)
Cargo aircraft only
(9)
Quantity limitations
D ...............
D ...............
D ...............
A ...............
D ...............
B ...............
B ...............
A ...............
B ...............
A ...............
A ...............
D ...............
(10A)
Location
40, 52
40, 52
40, 52.
52.
40, 52,
125.
40.
52.
40, 52.
40, 52.
52.
52.
21, 38, 40,
52, 100.
(10B)
Other
(10)
Vessel stowage
51916
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
VerDate Aug<31>2005
18:06 Aug 30, 2006
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E:\FR\FM\31AUP2.SGM
31AUP2
Lead phosphite, dibasic.
Hypochlorite solutions.
Hydrogen peroxide
and peroxyacetic
acid mixtures,
stabilized with
acids, water, and
not more than 5
percent peroxyacetic acid.
Hydrogen peroxide,
aqueous solutions with more
than 40 percent
but not more
than 60 percent
hydrogen peroxide (stabilized
as necessary).
Hydrogen peroxide,
aqueous solutions with not
less than 20 percent but not
more than 40
percent hydrogen peroxide
(stabilized as
necessary).
Hydrogen peroxide,
aqueous solutions with not
less than 8 percent but less
than 20 percent
hydrogen peroxide (stabilized
as necessary).
Hydrogen peroxide,
stabilized or Hydrogen peroxide
aqueous solutions, stabilized
with more than
60 percent hydrogen peroxide.
Hydrogen in a
metal hydride
storage system.
erjones on PROD1PC72 with PROPOSALS2
UN3468 ....
5.1
UN1791 ....
UN2015 ....
UN2984 ....
UN2989 ....
8
*
4.1
*
5.1
5.1
UN2014 ....
UN2014 ....
*
5.1
5.1
UN3149 ....
*
2.1
*
8 .........................
5.1, 8 ..................
5.1 ......................
5.1, 8 ..................
5.1, 8 ..................
*
5.1, 8 ..................
*
2.1 ......................
*
4.1 ......................
4.1 ......................
III ..............
III ..............
*
II ...............
8 .........................
*
II ...............
I ................
III ..............
II ...............
II ...............
*
II ...............
*
...................
*
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1,
TP33.
*
A7, B2, B15, IB2,
IP5, N34, T7,
TP2, TP24.
IB3, N34, T4,
TP2, TP24.
12, B53, B80,
B81, B85, T9,
TP2, TP6,
TP24, TP37.
A1, IB2 IP5, T4,
TP1, TP6,
TP24, TP37.
A2, A3, A6, B53,
IB2, IP5, T7,
TP2, TP6,
TP24, TP37.
12, B53, B80,
B81, B85, IB2,
IP5, T7, TP2,
TP6, TP24,
TP37.
*
145, A2, A3, A6,
B53, IB2, IP5,
T7, TP2, TP6,
TP24.
*
167 .....................
151 ...........
*
None .........
154 ...........
*
154 ...........
None .........
152 ...........
None .........
None .........
*
None .........
*
None .........
213 ...........
212 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
202 ...........
202 ...........
214 ...........
240 ...........
*
240 ...........
241 ...........
*
242 ...........
243 ...........
243 ...........
243 ...........
243 ...........
*
243 ...........
*
None .........
25 kg ........
*
15 kg ........
5 L ............
*
1 L ............
Forbidden
2.5 L .........
1 L ............
Forbidden
*
1 L ............
*
Forbidden
100 kg ......
50 kg ........
60 L ..........
30 L ..........
Forbidden
30 L ..........
5 L ............
Forbidden
5 L ............
100 kg
gross.
B ...............
B ...............
B ...............
B ...............
D ...............
B ...............
D ...............
D ...............
D ...............
D.
34.
34.
26.
26.
25, 66, 75.
25, 66, 75.
25, 66, 75.
25, 66, 75.
25, 66, 75.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51917
VerDate Aug<31>2005
15:31 Aug 30, 2006
Jkt 208001
PO 00000
Frm 00026
Fmt 4701
Sfmt 4702
G .................
+ ..................
(1)
Symbols
E:\FR\FM\31AUP2.SGM
31AUP2
Paint or Paint related materials.
Paint including
paint, lacquer,
enamel, stain,
shellac solutions,
varnish, polish,
liquid filler and
liquid lacquer
base.
Organometallic
substance, solid,
pyrophoric.
Motor fuel antiknock mixtures.
Methylphenyldichlorosilane.
1-Methylpiperidine
Methylhydrazine ....
Methylamine,
aqueous solution.
UN1235 ....
UN2679 ....
UN2680 ....
(4)
Identification
numbers
UN2437 ....
*
6.1
*
8
3
UN3066 ....
UN1263 ....
UN3391 ....
UN1649 ....
3
*
4.2
UN2399 ....
8
*
6.1
*
UN1244 ....
3
*
8
Lithium hydroxide,
solution.
*
8
(3)
Hazard
class or
division
Lithium hydroxide ..
(2)
Hazardous materials descriptions
and proper shipping names
erjones on PROD1PC72 with PROPOSALS2
3 .........................
*
3 .........................
*
4.2 ......................
*
6.1 ......................
3, 8 .....................
*
8 .........................
*
6.1, 3, 8 ..............
*
3, 8 .....................
8 .........................
8 .........................
*
8 .........................
(6)
Label codes
8 .........................
8 .........................
III ..............
III ..............
II ...............
3 .........................
II ...............
*
I ................
*
I ................
*
I ................
II ...............
*
II ...............
*
I ................
*
II ...............
III ..............
II ...............
*
II ...............
(5)
PG
149, B52, IB2,
T4, TP1, TP8,
TP28.
B1, B52, IB3, T2,
TP1, TP29.
B2, IB2, T7, TP2,
TP28.
B52, IB3, T4,
TP1, TP29.
*
T11, TP1, TP8,
TP27.
*
T21, TP7, TP33
*
14, 151, B9, B90,
T14, TP2,
TP13.
*
IB2, T7, TP2,
TP13.
IB2, T7, TP1 .......
*
1, B7, B9, B14,
B30, B72, B77,
N34, T22, TP2,
TP13, TP38,
TP44.
*
B1, IB2, T7, TP1
IB3, T4, TP2 .......
*
IB8, IP2, IP4, T3,
TP33.
B2, IB2, T7, TP2
(7)
Special provisions
(§ 172.102)
154 ...........
154 ...........
150 ...........
150 ...........
*
150 ...........
*
None .........
*
None .........
150 ...........
*
None .........
*
None .........
*
150 ...........
154 ...........
154 ...........
*
154 ...........
(8A)
Exceptions
173 ...........
173 ...........
173 ...........
173 ...........
201 ...........
187 ...........
201 ...........
202 ...........
202 ...........
226 ...........
202 ...........
203 ...........
202 ...........
212 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
241 ...........
242 ...........
242 ...........
242 ...........
*
243 ...........
*
244 ...........
*
244 ...........
243 ...........
*
242 ...........
*
244 ...........
*
243 ...........
241 ...........
242 ...........
*
240 ...........
(8C)
Bulk
5 L ............
1 L ............
60 L ..........
5 L ............
*
1 L ............
*
Forbidden
*
Forbidden
1 L ............
*
1 L ............
*
Forbidden
*
1 L ............
5 L ............
1 L ............
*
15 kg ........
(9A)
Passenger
aircraft/rail
60 L ..........
30 L ..........
220 L ........
60 L ..........
30 L ..........
Forbidden
30 L ..........
5 L ............
30 L ..........
Forbidden
5 L ............
60 L ..........
30 L ..........
50 kg ........
(9B)
Cargo aircraft only
(9)
Quantity limitations
A.
A.
A.
B.
E.
D.
D ...............
B ...............
C ...............
D ...............
E ...............
A ...............
A ...............
A ...............
(10A)
Location
25, 40.
52.
40.
21, 40, 49,
52, 100.
52, 135.
29, 52, 96.
29, 52.
52.
(10B)
Other
(10)
Vessel stowage
51918
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
VerDate Aug<31>2005
15:31 Aug 30, 2006
Jkt 208001
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E:\FR\FM\31AUP2.SGM
31AUP2
Sodium hydrosulfide, with less
than 25 percent
water of crystallization.
Sodium aluminate,
solution.
Soda lime with
more than 4 percent sodium hydroxide.
Rubidium hydroxide.
Rubidium hydroxide solution.
Pyrrolidine .............
Potassium monoxide.
Potassium hydroxide, solid.
Potassium hydroxide, solution.
Polymeric beads
expandable,
evolving flammable vapor.
Plastic molding
compound in
dough, sheet or
extruded rope
from evolving
flammable vapor.
Paint related material including
paint thinning,
drying, removing,
or reducing compound.
erjones on PROD1PC72 with PROPOSALS2
UN2678 ....
UN1922 ....
UN2033 ....
UN1814 ....
UN1813 ....
UN2211 ....
UN3314 ....
UN1819 ....
UN1907 ....
8
8
UN2677 ....
8
3
8
8
8
9
9
UN1263 ....
UN2318 ....
8
*
*
*
*
*
*
*
*
3
*
4.2
3 .........................
III ..............
8 .........................
*
8 .........................
*
9 .........................
*
4.2 ......................
8 .........................
III ..............
*
II ...............
*
8 .........................
*
II ...............
*
8 .........................
8 .........................
III ..............
*
III ..............
8 .........................
*
8 .........................
*
3, 8 .....................
II ...............
*
II ...............
*
II ...............
*
8 .........................
III ..............
*
II ...............
8 .........................
II ...............
*
II ...............
*
III ..............
*
9 .........................
3 .........................
II ...............
*
III ..............
3 .........................
I ................
*
A7, A19, A20,
IB6, IP2, T3,
TP33.
IB3, T4, TP1 .......
*
B2, IB2, T7, TP2
*
IB8, IP3, T1,
TP33.
IB3, T4, TP1 .......
*
IB8, IP2, IP4, T3,
TP33.
B2, IB2, T7, TP2
*
IB2, T7, TP1 .......
*
IB8, IP2, IP4, T3,
TP33.
IB3, T4, TP1 .......
*
IB8, IP2, IP4, T3,
TP33.
B2, IB2, T7, TP2
*
32, IB8, IP3, IP7,
T1, TP33.
*
32, IB8, IP3, IP7
149, B52, IB2,
T4, TP1, TP8,
TP28.
B1, B52, IB3, T2,
TP1, TP29.
T11, TP1, TP8,
TP27.
*
None .........
154 ...........
*
154 ...........
*
154 ...........
154 ...........
154 ...........
*
154 ...........
*
150 ...........
*
154 ...........
154 ...........
154 ...........
*
154 ...........
*
155 ...........
*
155 ...........
150 ...........
150 ...........
150 ...........
212 ...........
203 ...........
202 ...........
213 ...........
203 ...........
202 ...........
212 ...........
202 ...........
212 ...........
203 ...........
202 ...........
212 ...........
221 ...........
221 ...........
173 ...........
173 ...........
201 ...........
*
241 ...........
241 ...........
*
242 ...........
*
240 ...........
241 ...........
242 ...........
*
240 ...........
*
243 ...........
*
240 ...........
241 ...........
242 ...........
*
240 ...........
*
221 ...........
*
221 ...........
242 ...........
242 ...........
243 ...........
*
15 kg ........
5 L ............
*
1 L ............
*
25 kg ........
5 L ............
1 L ............
*
15 kg ........
*
1 L ............
*
15 kg ........
5 L ............
1 L ............
*
15 kg ........
*
100 kg ......
*
100 kg ......
60 L ..........
5 L ............
1 L ............
50 kg ........
60 L ..........
30 L ..........
100 kg ......
60 L ..........
30 L ..........
50 kg ........
5 L ............
50 kg ........
60 L ..........
30 L ..........
50 kg ........
200 kg ......
200 kg ......
220 L ........
60 L ..........
30 L ..........
A ...............
A ...............
A ...............
A ...............
A ...............
A ...............
A ...............
B ...............
A ...............
A ...............
A ...............
A ...............
E ...............
E ...............
A.
B.
E.
52.
52.
52.
52.
29, 52.
29, 52.
29, 52.
40, 52.
29, 52.
52
52.
52.
19, 25, 85,
87, 144.
19, 25, 85,
87, 144.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
51919
VerDate Aug<31>2005
15:31 Aug 30, 2006
Sodium hydroxide,
solid.
Sodium hydroxide
solution.
(2)
Hazardous materials descriptions
and proper shipping names
Jkt 208001
PO 00000
Frm 00028
Substances, explosive, n.o.s..
Sodium sulfide, hydrated with not
less than 30 percent water.
Sodium monoxide
Fmt 4701
Sfmt 4702
G .................
E:\FR\FM\31AUP2.SGM
31AUP2
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
G .................
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, n.o.s.
Substances, explosive, very insensitive, n.o.s. or
Substances, EVI,
n.o.s.
Substances, explosive, n.o.s..
G .................
G .................
Substances, explosive, n.o.s..
G .................
(1)
Symbols
erjones on PROD1PC72 with PROPOSALS2
UN1823 ....
UN1825 ....
8
8
UN1824 ....
8
UN1849 ....
*
*
*
(4)
Identification
numbers
1.5D
1.4G
1.4S
1.4D
1.4C
1.3G
1.3C
1.1G
1.1D
1.1C
1.1A
1.3L
UN0482 ....
UN0485 ....
UN0481 ....
UN0480 ....
UN0479 ....
UN0478 ....
UN0477 ....
UN0476 ....
UN0475 ....
UN0474 ....
UN0473 ....
UN0359 ....
UN0358 ....
*
1.1L
1.2L
UN0357 ....
8
(3)
Hazard
class or
division
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
*
II ...............
*
II ...............
*
II ...............
III ..............
II ...............
*
II ...............
(5)
PG
1.5D ....................
1.4G ...................
1.4S ....................
1.4D ....................
1.4C ....................
1.3G ...................
1.3C ....................
1.1G ...................
1.1D ....................
1.1C ....................
1.1A ....................
1.3L ....................
1.2L ....................
*
1.1L ....................
*
8 .........................
*
8 .........................
8 .........................
8 .........................
*
8 .........................
(6)
Label codes
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
111 .....................
............................
............................
*
............................
*
IB8, IP2, IP4, T3,
TP33.
*
IB8, IP2, IP4, T3,
TP33.
*
IB8, IP2, IP4, T3,
TP33.
B2, IB2, N34, T7,
TP2.
IB3, N34, T4,
TP1.
(7)
Special provisions
(§ 172.102)
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
*
None .........
*
154 ...........
*
154 ...........
154 ...........
154 ...........
*
154 ...........
(8A)
Exceptions
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
62 .............
212 ...........
212 ...........
203 ...........
202 ...........
212 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
*
None .........
*
240 ...........
*
240 ...........
241 ...........
242 ...........
*
240 ...........
(8C)
Bulk
Forbidden
Forbidden
25 kg ........
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
*
Forbidden
*
15 kg ........
*
15 kg ........
5 L ............
1 L ............
*
15 kg ........
(9A)
Passenger
aircraft/rail
Forbidden
75 kg ........
75 kg ........
75 kg ........
75 kg ........
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
50 kg ........
50 kg ........
60 L ..........
30 L ..........
50 kg ........
(9B)
Cargo aircraft only
(9)
Quantity limitations
10.
08.
05.
09.
09.
08.
10.
08.
10.
10.
12.
...................
...................
...................
A ...............
A ...............
A ...............
A ...............
A ...............
(10A)
Location
8E, 14E,
15E,
17E.
8E, 14E,
15E,
17E.
8E, 14E,
15E,
17E.
26, 52.
52.
52.
52.
52.
(10B)
Other
(10)
Vessel stowage
51920
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
I ...................
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Vinylpyridines, stabilized.
Trimethylchloro- silane.
Tetraethylenepentamine.
Sulfur .....................
erjones on PROD1PC72 with PROPOSALS2
UN2320 ....
UN1298 ....
*
8
UN1350 ....
*
6.1
*
UN3073 ....
3
*
*
4.1
*
*
II ...............
*
II ...............
*
III ..............
*
III ..............
*
*
6.1, 3, 8 ..............
*
3, 8 .....................
*
8 .........................
*
4.1 ......................
*
*
IB1, T7, TP2,
TP13.
*
A3, A7, B77, IB2,
N34, T7, TP2,
TP13.
*
IB3, T4, TP1 .......
*
30, IB8, IP3, T1,
TP33.
*
*
153 ...........
*
None .........
*
154 ...........
*
None .........
202 ...........
202 ...........
203 ...........
None .........
*
*
243 ...........
*
243 ...........
*
241 ...........
*
240 ...........
*
*
1 L ............
*
1 L ............
*
5 L ............
*
25 kg ........
30 L ..........
5 L ............
60 L ..........
100 kg ......
B ...............
E ...............
A ...............
A ...............
40, 52.
40.
52.
19, 74.
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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
*
*
*
*
*
6. In Appendix B to § 172.101, the List
of Marine Pollutants, the entry ‘‘Copper
chloride’’ is amended by adding the
designation ‘‘PP’’ in Column (1) and the
entries ‘‘Alcohol C-13-C-15 poly (1–6)
ethoxylate’’ and ‘‘1,2-Dichlorobenzene’’
are removed.
7. In § 172.102, paragraph (c)(1),
Special provisions 15, 47, 77, 147, and
166 are revised; new Special provision
175 is added; Special provision 101 is
removed; and in paragraph (c)(2), new
Special provision A105 is added.
The revisions and additions read as
follows:
§ 172.102
*
Special provisions.
*
*
(c) * * *
(1) * * *
*
*
Code/Special Provisions
erjones on PROD1PC72 with PROPOSALS2
*
*
*
*
*
15 This entry applies to ‘‘Chemical
kits’’ and ‘‘First aid kits’’ containing one
or more compatible items of hazardous
materials in boxes, cases, etc. that, for
example, are used for medical,
analytical, diagnostic, testing, or repair
purposes. For transportation by aircraft,
materials forbidden for transportation
by passenger aircraft or cargo aircraft
may not be included in the kits.
Chemical kits and first aid kits are
excepted from the specification
packaging requirements of this
subchapter when packaged in
combination packagings. Chemical kits
and first aid kits are also excepted from
the labeling and placarding
requirements of this subchapter, except
when offered for transportation or
transported by air. Chemical and first
aid kits may be transported in
accordance with the consumer
commodity and ORM exceptions in
§ 173.156, provided they meet all
required conditions. Kits that are carried
on board transport vehicles for first aid
or operating purposes are not subject to
the requirements of this subchapter.
*
*
*
*
*
47 Mixtures of solids that are not
subject to this subchapter and
flammable liquids may be transported
under this entry without first applying
the classification criteria of Division 4.1,
provided there is no free liquid visible
at the time the material is loaded or at
the time the packaging or transport unit
is closed. Except when the liquids are
fully absorbed in solid material
contained in sealed bags, each
packaging must correspond to a design
type that has passed a leakproofness test
at the Packing Group II level. Small
inner packagings consisting of sealed
packets and articles containing less than
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10 mL of a Class 3 liquid in Packing
Group II or III absorbed onto a solid
material are not subject to this
subchapter provided there is no free
liquid in the packet or article.
*
*
*
*
*
77 Mixtures containing not more
than 23.5% oxygen by volume may be
transported under this entry when no
other oxidizing gases are present. A
Division 5.1 subsidiary risk label is not
required for any concentrations within
this limit.
*
*
*
*
*
146 This description may be used
for a material that poses a hazard to the
environment but does not meet the
definition for a hazardous waste or a
hazardous substance, as defined in
§ 171.8 of this subchapter, or any hazard
class, as defined in Part 173 of this
subchapter, if it is designated as
environmentally hazardous by another
Competent Authority. This provision
may be used for both domestic and
international shipments.
147 This entry applies to nonsensitized emulsions, suspensions, and
gels consisting primarily of a mixture of
ammonium nitrate and fuel, intended to
produce a Type E blasting explosive
only after further processing prior to
use. The mixture for emulsions typically
has the following composition: 60–85%
ammonium nitrate; 5–30% water; 2–8%
fuel; 0.5–4% emulsifier or thickening
agent; 0–10% soluble flame
suppressants; and trace additives. Other
inorganic nitrate salts may replace part
of the ammonium nitrate. The mixture
for suspensions and gels typically has
the following composition: 60–85%
ammonium nitrate; 0–5% sodium or
potassium perchlorate; 0–17%
hexamine nitrate or monomethylamine
nitrate; 5–30% water; 2–15% fuel; 0.5–
4% thickening agent; 0–10% soluble
flame suppressants; and trace additives.
Other inorganic nitrate salts may replace
part of the ammonium nitrate. These
substances must satisfactorily pass Test
Series 8 of the UN Manual of Tests and
Criteria, Part I, Section 18 (IBR, see
§ 171.7 of this subchapter), and may not
be classified and transported unless
approved by the Associate
Administrator.
*
*
*
*
*
166 When transported in non-friable
tablet form, calcium hypochlorite, dry,
may be transported as a Packing Group
III material.
*
*
*
*
*
175 This substance must be
stabilized when in concentrations of not
more than 99%.
(2) * * *
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Code/Special Provisions
*
*
*
*
*
A105 The total net quantity of
dangerous goods contained in one
package, excluding magnetic material,
must not exceed the following:
a. 1 kg (2.2 pounds) in the case of
solids;
b. 0.5 L (0.1 gallons) in the case of
liquids;
c. 0.5 kg (1.1 pounds) in the case of
Division 2.2 gases; or
d. any combination thereof.
8. In § 172.202, paragraphs (a) and (b)
are revised to read as follows:
§ 172.202 Description of hazardous
material shipping papers.
(a) The shipping description of a
hazardous material on the shipping
paper must include:
(1) The identification number
prescribed for the material as shown in
Column (4) of the § 172.101 table;
(2) The proper shipping name
prescribed for the material in Column
(2) of the § 172.101 table;
(3) The hazard class or division
number prescribed for the material, as
shown in Column (3) of the § 172.101
table. Except for combustible liquids,
the subsidiary hazard class(es) or
subsidiary division number(s) must be
entered in parentheses immediately
following the primary hazard class or
division number.
In addition—
(i) The words ‘‘Class’’ or ‘‘Division’’
may be included preceding the primary
and subsidiary hazard class or division
numbers.
(ii) The hazard class need not be
included for the entry ‘‘Combustible
liquid, n.o.s.’’
(iii) For domestic shipments, primary
and subsidiary hazard class or division
names may be entered following the
numerical hazard class or division, or
following the basic description.
(4) The packing group in Roman
numerals, as designated for the
hazardous material in Column (5) of the
§ 172.101 table. Class 1 (explosives)
materials, self-reactive substances,
organic peroxides and entries that are
not assigned a packing group are
excepted from this requirement. The
packing group may be preceded by the
letters ‘‘PG’’ (for example, ‘‘PG II’’); and
(5) Except for transportation by
aircraft, the total quantity of hazardous
materials covered by the description
must be indicated (by mass or volume,
or by activity for Class 7 materials) and
must include an indication of the
applicable unit of measurement. For
example, ‘‘200 kg’’ or ‘‘50 L.’’ The
following provisions also apply:
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‘‘cyl.’’ for ‘‘cylinder’’) provided the
abbreviations are commonly accepted
and recognizable.
(b) Except as provided in this subpart,
the basic description specified in
paragraphs (a)(1), (2), (3) and (4) of this
section must be shown in sequence with
no additional information interspersed.
For example, ‘‘UN2744, Cyclobutyl
chloroformate, 6.1, (8, 3), PG II.’’
*
*
*
*
*
9. In § 172.312, paragraphs (a)
introductory text, and (a)(2)
introductory text are revised and a new
paragraph (c)(7) is added to read as
follows:
§ 172.312 Liquid hazardous materials in
non-bulk packaging.
(b) In addition to complying with
§ 172.407, the background on the
ORGANIC PEROXIDE label must be red
in the top half and yellow in the lower
half.
12. Section 172.552 is revised to read
as follows:
§ 172.552
ORGANIC PEROXIDE placard.
(a) Except as provided in this section,
each non-bulk combination package
having inner packagings containing
liquid hazardous materials, single
packaging fitted with vents, or open
cryogenic receptacle intended for the
transport of refrigerated liquefied gases
must be:
(1) * * *
(2) Legibly marked with package
orientation markings that are similar to
the illustration shown in this paragraph,
on two opposite vertical sides of the
package with the arrows pointing in the
correct upright direction. The arrows
must be either black or red on white or
other suitable contrasting background
and clearly visible commensurate with
the size of the package. Depicting a
rectangular border around the arrows is
optional.
*
*
*
*
*
(c) * * *
(7) Class 7 radioactive material in type
A, IP–2, IP–3, B(U), B(M) or C packages.
10. In § 172.407, paragraph (d)(2)(i) is
amended by removing ‘‘; and’’ at the
end of the paragraph and inserting a
period in its place, and paragraph
(d)(2)(i) is added to read as follows:
(a) Except for size and color, the
ORGANIC PEROXIDE placard must be
as follows:
§ 172.407
§ 173.9 Transport vehicles or freight
containers containing lading which has
been fumigated.
Label specifications.
*
*
*
*
*
(d) * * *
(2) * * *
(iii) White may be used for the symbol
for the ORGANIC PEROXIDE label.
*
*
*
*
*
11. Section 172.427 is revised to read
as follows:
§ 172.427
ORGANIC PEROXIDE label.
(a) Except for size and color, the
ORGANIC PEROXIDE label must be as
follows:
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(b) In addition to complying with
§ 172.519, the background on the
ORGANIC PEROXIDE placard must be
red in the top half and yellow in the
lower half. The text, division number
and inner border must be black; the
symbol may be either black or white.
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
13. The authority citation for part 173
continues to read as follows:
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
14. Section 173.9 is revised to read as
follows:
(a) For the purpose of this section, not
including 49 CFR part 387, a rail car,
freight container, truck body, or trailer
in which the lading has been fumigated
with any material, or is undergoing
fumigation, is a package containing a
hazardous material.
(b) No person may offer for
transportation or transport a rail car,
freight container, truck body, or trailer
in which the lading has been fumigated
or treated with any material, or is
undergoing fumigation, unless the
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(i) For Class 1 materials, the quantity
must be the net explosive mass. For an
explosive that is an article, such as
Cartridges, small arms, the net explosive
mass may be expressed in terms of the
net mass of either the article or the
explosive materials contained in the
article.
(ii) For hazardous materials in salvage
packaging, an estimate of the total
quantity is acceptable.
(iii) The following are excepted from
the requirements of paragraph (a)(5) of
this section:
(A) Bulk packages, provided some
indication of the total quantity is
shown, for example, ‘‘1 cargo tank’’ or
‘‘2 IBCs.’’
(B) Cylinders, provided some
indication of the total quantity is
shown, for example, ‘‘10 cylinders.’’
(C) Packages containing only residue.
(6) For transportation by aircraft, the
total net mass per package must be
shown unless a gross mass is indicated
in Columns (9A) or (9B) of the § 172.101
table in which case the total gross mass
per package must be shown. The
following provisions also apply:
(i) For empty, uncleaned packaging,
only the number and type of packaging
must be shown;
(ii) For chemical kits and first aid kits,
the total net mass of hazardous
materials must be shown. Where the kits
contain solids and/or liquids, the net
mass of liquids within the kits is to be
calculated on a 1 to 1 basis, i.e., 1 L
equals 1 kg;
(iii) For dangerous goods in
machinery or apparatus, the individual
total quantities of dangerous goods in
solid, liquid or gaseous state, contained
in the article must be shown;
(iv) For dangerous goods transported
in a salvage packaging, an estimate of
the quantity of dangerous goods per
package must be shown;
(v) For cylinders, total quantity may
be indicated by the number of cylinders,
for example, ‘‘10 cylinders;’’
(vi) For items where ‘‘No Limit’’ is
shown in Column (9A) or (9B) of the
§ 172.101 table, the quantity shown
should be the net mass or volume of the
material, except for UN2800, UN2807,
UN3072, UN3166 and UN3173 where
the quantity should be the gross mass of
the article.
(7) The number and type of packages
must be indicated. The type of packages
must be indicated by description of the
package (for example, ‘‘12 drums’’).
Indication of the packaging specification
number (‘‘1H1’’) may be included in the
description of the package (for example,
‘‘12 1H1 drums’’ or ‘‘12 drums (UN
1A1)’’). Abbreviations may be used for
indicating packaging types (for example,
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51924
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
or trailer the FUMIGANT marking
specified in paragraph (e) of this
section, unless the lading has been
fumigated or is undergoing fumigation.
(d) The FUMIGANT marking required
by paragraph (b) of this section must
remain on the rail car, freight container,
truck body, or trailer until the rail car,
freight container, truck body, or trailer
has been completely ventilated either by
opening the doors of the unit or by
mechanical ventilation to ensure no
harmful concentration of gas remains
after fumigation has been completed.
(e) FUMIGANT marking. (1) The
FUMIGANT marking must consist of red
or black letters on a white background
that is at least 30 cm (11.8 inches) wide
and at least 25 cm (9.8 inches) high.
Except for size and color, the
FUMIGANT marking must be as
follows:
(2) The ‘‘*’’ shall be replaced with the
technical name of the fumigant.
(f) A closed cargo transport unit that
has been fumigated is not subject to any
other provisions of this subchapter if
it—
(1) Has been completely ventilated
either by opening the doors of the unit
or by mechanical ventilation after
fumigation, and
(2) Displays the FUMIGANT marking,
including the date of ventilation.
(g) For international shipments,
transport documents should indicate the
date of fumigation, type and amount of
fumigant used, and instructions for
disposal of any residual fumigant,
including fumigation devices.
(h) Any person subject to the
requirements of this section, solely due
to the fumigated lading, must be
informed of the requirements of this
section and the safety precautions
necessary to protect themselves and
others in the event of an incident or
accident involving the fumigated lading.
(i) Any person who offers for
transportation or transports a rail car,
freight container, truck body or trailer
that is subject to this subchapter solely
because of the hazardous materials
designation specified in paragraph (a) of
this section is not subject to any
requirements of this subchapter other
than those contained in this section.
and the wording ‘‘60 °C (140 °F)’’ is
added each place it appears.
§ 173.35
§ 173.121
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[Amended]
15. In § 173.35, in paragraph (k), the
wording ‘‘60.5 °C (141 °F)’’ is removed
and the wording ‘‘60 °C (140 °F)’’ is
added in its place.
16. In § 173.115, paragraphs (b)(1) and
(k)(5) are revised to read as follows:
§ 173.115 Class 2, Divisions 2.1, 2.2, and
2.3—Definitions.
*
*
*
*
*
(b) * * *
(1) Exerts in the packaging an absolute
pressure of 280 kPa (40.6 psia) or greater
at 20 °C (68 °F), or is a cryogenic liquid,
and
*
*
*
*
*
(k) * * *
(5) When the contents are classified as
Division 6.1, PG III or Class 8, PG II or
III, the aerosol must be assigned a
subsidiary hazard of Division 6.1 or
Class 8, as appropriate.
*
*
*
*
*
§ 173.120
[Amended]
17. In § 173.120, in paragraphs (a)
introductory text, (a)(2) and (b)(1), the
wording ‘‘60.5 °C (141 °F)’’ is removed
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[Amended]
18. In § 173.121, in the paragraph (a)
table, in Column (2), for the entry
Packing group ‘‘III,’’ the wording
‘‘≥23 °C, ≤60.5 °C (≥ 73 °F, ≤141 °F)’’ is
removed and the wording ‘‘≥23 °C,
≤60 °C (≥73 °F, ≤140 °F)’’ is added in its
place.
19. In § 173.124, a new paragraph
(a)(2)(i)(D)(3) is added to read as
follows:
§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.
(a) * * *
(2) * * *
(i) * * *
(D) * * *
*
*
*
*
*
(3) It is an oxidizing substance in
Division 5.1 containing less than 5.0%
combustible organic substances; or
*
*
*
*
*
20. In § 173.133, in paragraph (a)(1),
the table is revised to read as follows:
§ 173.133 Assignment of packing group
and hazard zones for Division 6.1 materials.
(a) * * *
(1) * * *
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erjones on PROD1PC72 with PROPOSALS2
FUMIGANT marking specified in
paragraph (e) of this section is
prominently displayed so that it can be
seen by any person attempting to enter
the interior of the transport vehicle or
freight container. For domestic
transportation, a hazard warning label
authorized by EPA under 40 CFR part
156 may be used as an alternative to the
FUMIGANT marking.
(c) No person may affix or display on
a rail car, freight container, truck body,
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules
Inhalation toxicity
by dusts and mists
LC50 (mg/L)
Packing group
Oral toxicity
LD50 (mg/kg)
Dermal toxicity
LD50 (mg/kg)
I ......................................................
II .....................................................
III ....................................................
≤5.0 ...............................................
>5.0 and ≤50 ................................
>50 and ≤300 ...............................
≤50 ................................................
>50 and ≤200 ...............................
>200 and ≤1000 ...........................
*
*
*
*
*
21. In § 173.134, paragraph (a)(5) is
revised to read as follows:
§ 173.134 Class 6, Division 6.2—
Definitions and exceptions.
(a) * * *
(5) Regulated medical waste or
clinical waste or (bio) medical waste
means a waste or reusable material
derived from the medical treatment of
an animal or human, which includes
diagnosis and immunization, or from
biomedical research, which includes the
production and testing of biological
products. Regulated medical waste or
clinical waste or (bio) medical waste
containing a Category A infectious
substance must be classed as an
infectious substance, and assigned to
UN 2814 or UN 2900, as appropriate.
*
*
*
*
*
22. In § 173.136, paragraph (d) is
removed and the last sentence in
paragraph (a) is revised and to read as
follows:
§ 173.136
Class 8—Definitions.
(a) * * * A liquid, or a solid offered
for transportation or transported as a
liquid, that has a severe corrosion rate
on steel or aluminum based on the
criteria in § 173.137(c)(2) is also a
corrosive material.
*
*
*
*
*
23. In § 173.137, paragraph (c)(2) is
revised to read as follows:
§ 173.137
group.
Class 8—Assignment of packing
erjones on PROD1PC72 with PROPOSALS2
*
*
*
*
*
(c) * * *
(2) That do not cause full thickness
destruction of intact skin tissue but
exhibit a corrosion on steel or
aluminum surfaces exceeding 6.25 mm
(0.25 inch) a year at a test temperature
of 55 C (130 F). The corrosion may be
determined in accordance with the UN
Manual of Tests and Criteria (IBR, see
§ 171.7 of this subchapter) or other
equivalent test methods.
24. In § 173.159, paragraphs (a), (c)(1),
(c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) are
revised to read as follows:
§ 173.159
Batteries, wet.
*
*
*
*
*
(a) Electric storage batteries,
containing electrolyte acid or alkaline
corrosive battery fluid, must be
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Jkt 208001
completely protected so that short
circuits will be prevented (e.g., by the
use of non-conductive caps that entirely
cover the terminals); they may not be
packed with other materials except as
provided in paragraphs (g) and (h) of
this section and in §§ 173.220 and
173.222. For transportation by aircraft,
the packaging for wet cell batteries must
incorporate an acid-or alkali-proof liner,
or include a supplementary packaging
with sufficient strength and be
adequately sealed to prevent leakage of
electrolyte fluid in the event of spillage.
*
*
*
*
*
(c) * * *
(1) Electric storage batteries protected
against short circuits (e.g., by the use of
non-conductive caps that entirely cover
the terminals) and firmly secured to
skids or pallets capable of withstanding
the shocks normally incident to
transportation, are authorized for
transportation by rail, highway, or
water. The height of the completed unit
must not exceed 11⁄2 times the width of
the skid or pallet. The unit must be
capable of withstanding, without
damage, a superimposed weight equal to
two times the weight of the unit or, if
the weight of the unit exceeds 907 kg
(2000 pounds), a superimposed weight
of 1814 kg (4000 pounds). Battery
terminals must not be relied upon to
support any part of the superimposed
weight.
(2) Electric storage batteries weighing
225 kg (500 pounds) or more, consisting
of carriers’ equipment, may be shipped
by rail when mounted on suitable skids
and protected against short circuits (e.g.,
by the use of non-conductive caps that
entirely cover the terminals). Such
shipments may not be offered in
interchange service.
*
*
*
*
*
(4) Not more than four batteries not
over 7 kg (15 pounds) each, packed in
strong outer fiberboard or wooden
boxes. Batteries must be securely
cushioned and packed to prevent short
circuits (e.g., by the use of nonconductive caps that entirely cover the
terminals). The maximum authorized
gross weight is 30 kg (65 pounds).
(5) Not more than five batteries not
over 4.5 kg (10 pounds) each, packed in
strong outer fiberboard or wooden
boxes. Batteries must be securely
cushioned and packed to prevent short
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51925
≤0.2.
>0.2 and ≤2.0.
>2.0 and ≤4.0.
circuits (e.g., by the use of nonconductive caps that entirely cover the
terminals). The maximum authorized
gross weight is 30 kg (65 pounds).
*
*
*
*
*
(d) * * *
(1) The battery must be protected
against short circuits (e.g., by the use of
non-conductive caps that entirely cover
the terminals) and securely packaged;
*
*
*
*
*
(e) * * *
(2) The batteries must be loaded or
braced so as to prevent damage and
short circuits in transit (e.g., by the use
of non-conductive caps that entirely
cover the terminals);
*
*
*
*
*
25. In § 173.166, paragraph (d)(1) is
revised to read as follows:
§ 173.166 Air bag inflators, air bag
modules and seat-belt pretensioners.
*
*
*
*
*
(d) * * *
(1) An air bag module or seat-belt
pretensioner that has been approved by
the Associate Administrator and is
installed in a motor vehicle, aircraft,
boat or other transport conveyance or its
completed components, such as steering
columns or door panels, is not subject
to the requirements of this subchapter.
*
*
*
*
*
26. Section 173.187 is revised to read
as follows:
§ 173.187 Pyrophoric solids, metals or
alloys, n.o.s.
Packagings for pyrophoric solids,
metals, or alloys, n.o.s. must conform to
the requirements of part 178 of this
subchapter at the packing group
performance level specified in the
§ 172.101 Table. These materials must
be packaged as follows:
(a) In steel boxes (4A) and contain not
more than 15 kg (33 pounds) each.
(b) In wooden boxes (4C1, 4C2, 4D, or
4F) with inner metal receptacles which
have a positive (not friction) means of
closure and contain not more than 15 kg
(33 pounds) each.
(c) In fiberboard boxes (4G) with inner
metal receptacles which have a positive
(not friction) means of closure and
contain not more than 7.5 kg (17
pounds) each.
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(d) In steel drums (1A1 or 1A2) with
a gross mass not exceeding 150 kg (331
pounds) per drum.
(e) In plywood drums (1D) with inner
metal receptacles which have a positive
(not friction) means of closure and
contain not more than 15 kg (33 pounds)
each.
(f) In fiber drums (1G) with inner
metal receptacles which have a positive
(not friction) means of closure and
contain not more than 15 kg (33 pounds)
each.
(g) In specification cylinders, as
prescribed for any compressed gas,
except for Specifications 8 and 3HT.
27. In § 173.197, paragraph (a), the
first sentence in paragraph (b), and the
first sentence in paragraph (e)(2) are
revised to read as follows:
§ 173.197
Regulated medical waste.
(a) General provisions. Non-bulk
packagings, Large Packagings, and nonspecification bulk outer packagings used
for the transportation of regulated
medical waste or clinical waste or (bio)
medical waste must be rigid containers
meeting the provisions of subpart B of
this part.
(b) * * * Except as provided in
§ 173.134(c) of this subpart, non-bulk
packagings for regulated medical waste
or clinical waste or (bio) medical waste
must be UN standard packagings
conforming to the requirements of Part
178 of this subchapter at the Packing
Group II performance level. * * *
*
*
*
*
*
(e) * * *
(2) * * * Liquid regulated medical
waste or clinical waste or (bio) medical
waste transported in a Large Packaging,
Cart, or BOP must be packaged in a rigid
inner packaging conforming to the
provisions of subpart B of this part.
*
*
*
*
*
28. In § 173.216, paragraph (c)(3) is
revised and paragraph (c)(4) is removed
to read as follows:
§ 173.216
Asbestos, blue, brown or white.
*
*
*
*
*
(c) * * *
(3) Bags or other non-rigid packagings
which are dust and sift proof must be
placed in rigid outer packagings or
closed freight containers.
29. In § 173.220, paragraphs
(b)(2)(ii)(B)(3), (c) and (d) are revised to
read as follows:
§ 173.220 Internal combustion engines,
self-propelled vehicles, mechanical
equipment containing internal combustion
engines, and battery powered vehicles or
equipment.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) * * *
(B) * * *
(3) In no part of the closed system
shall the pressure exceed 5% of the
maximum allowable working pressure
of the system or 290 psig (2000 kPa),
whichever is less; and
*
*
*
*
*
(c) Battery powered or installed.
Batteries must be securely installed, and
wet batteries fastened in an upright
position. Batteries must be protected
against short circuits (e.g., by the use of
non-conductive caps that entirely cover
the terminals) and leakage or removed
and packaged separately under
§ 173.159. Battery powered vehicles,
machinery or equipment including
battery powered wheelchairs and
mobility aids are excepted from the
requirements of this subchapter when
transported by rail, highway or vessel.
(d) Lithium batteries. Except as
provided in § 172.102, Special provision
A102, of this subchapter, vehicles and
machinery powered by primary lithium
batteries that are transported with these
batteries installed are forbidden aboard
passenger-carrying aircraft. Lithium
batteries contained in vehicles or
engines must be securely fastened in the
battery holder of the vehicle or engine,
and be protected in such a manner as to
prevent damage and short circuits (e.g.,
by the use of non-conductive caps that
entirely cover the terminals). Lithium
batteries must be of a type that have
successfully passed each test in the UN
Manual of Tests and Criteria as
specified in § 173.185, unless approved
by the Associate Administrator.
Equipment, other than vehicles or
engines, containing lithium batteries
must be transported in accordance with
§ 173.185.
*
*
*
*
*
30. In § 173.222, paragraph (d) is
revised to read as follows:
§ 173.222 Dangerous goods in equipment,
machinery or apparatus.
*
*
*
*
*
(d) Except for transportation by
aircraft, when a package contains
hazardous materials in two or more of
the categories listed in paragraphs (c)(1)
through (c)(3) of this section the total
quantity required by § 172.202(c) of this
subchapter to be entered on the
shipping paper must be the aggregate
quantity of all hazardous materials,
expressed as net mass.
31. In § 173.224, in paragraph (b)(7),
in the Self-Reactive Materials Table, a
new entry is added in appropriate
alphabetical order to read as follows:
§ 173.224 Packaging and control and
emergency temperatures for self-reactive
materials.
*
*
*
(b) * * *
(7) * * *
*
*
SELF-REACTIVE MATERIALS TABLE
Self-reactive substance
Identification
No.
Concentration—
(%)
Packing
method
Control temperature—(°C)
Emergency
temperature
Notes
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Acetone-pyrogallol copolymer 2-diazo1-naphthol-5-sulphonate ....................
*
3228
*
*
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*
*
*
*
*
32. A new section § 173.230 is added
to subpart E to read as follows:
§ 173.230 Fuel cell cartridges containing
flammable liquids.
(a) A fuel cell cartridge is a container
that stores fuel for controlled discharge
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*
OP8
*
into fuel cell powered equipment
through a valve. The cartridge must be
designed and constructed to prevent the
fuel from leaking during normal
conditions of transportation and be free
of electric charge generating
components.
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Frm 00034
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Sfmt 4702
*
*
(b) Fuel cell cartridges containing
flammable liquids including methanol
or methanol/water solutions must
conform to the following:
(1) The fuel cell cartridge design type
without its packaging must be shown to
pass an internal pressure test at a
pressure of 15 psig (100 kPa);
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(2) Fuel cell cartridges must be
packaged in outer packagings which
meet the requirements of part 178 at the
Packing Group II performance level and
conform to the general packaging
requirements of subpart B of part 173;
the following are authorized: 1A2, 1B2,
1D, 1G, 1H2, 4C1, 4C2, 4D, 4F, 4G, or
4H2.
(c) Fuel cell cartridges packed in or
with equipment are excepted from the
packaging requirements in paragraph
(b)(2) if the cartridges are packed in a
strong outer packaging conforming to
the requirements of §§ 173.24 and
173.24a. For cartridges installed in
equipment, the equipment may be
considered the outer packaging if it
provides an equivalent level of
protection. The packaging need not
conform to performance requirements of
part 178 of this subchapter. The
cartridges must be protected against
damage that may be caused by the
movement or placement of the
equipment and the cartridges within the
outer packaging.
33. In § 173.306, paragraph (i) is
revised and a new paragraph (j) is added
to read as follows:
§ 173.306 Limited quantities of
compressed gases.
*
*
*
*
*
(i) Aerosols and receptacles small,
containing gas with a capacity of less
than 50 mL. Aerosols, as defined in
§ 171.8 of this subchapter, and
receptacles small, containing gas, with a
capacity not exceeding 50 mL (1.7 oz.)
and with a pressure not exceeding 970
kPa (141 psig) at 55 °C (131 °F),
containing no hazardous materials other
than a Division 2.2 gas, are not subject
to the requirements of this subchapter.
The pressure limit may be increased to
2000 kPa (290 psig) at 55 °C (131 °F)
provided the aerosols are transported in
outer packages that conform to the
packaging requirements of Subpart B of
this part. This provision does not apply
to a self-defense spray (e.g., pepper
spray).
(j) For additional exceptions, also see
§ 173.307.
erjones on PROD1PC72 with PROPOSALS2
Appendix H to Part 173 [Amended]
34. In Appendix H to Part 173, under
heading 5. Procedure, in paragraph (h),
the wording ‘‘60.5 °C (141 °F)’’ is
removed and the wording ‘‘60 °C (140
°F)’’ is added each place it appears.
PART 175—CARRIAGE BY AIRCRAFT
35. The authority citation for part 175
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
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36. In § 175.10, in paragraph (a)(2)
introductory text, the first sentence is
revised to read as follows:
§ 175.10
Exceptions.
*
*
*
*
*
(a) * * *
(2) One packet of safety matches or a
lighter intended for use by an individual
when carried on one’s person or in
carry-on baggage only. * * *
*
*
*
*
*
37. In § 175.78, paragraph (c)(4) is
revised to read as follows:
§ 175.78
*
Stowage compatibility of cargo.
*
*
(c) * * *
*
*
(4) Note 1. ‘‘Note 1’’ at the intersection of
a row and column means the following:
(i) Only Division 1.4, Compatibility Group
S, explosives are permitted to be transported
aboard a passenger aircraft. Only certain
Division 1.3, Compatibility Groups C and G,
and Division 1.4, Compatibility Groups B, C,
D, E, G and S, explosives may be transported
aboard a cargo aircraft.
(ii) Explosives in Compatibility Group S
may be stowed with explosives in all
compatibility groups.
(iii) Except as otherwise provided in this
Note, explosives of different compatibility
groups may be stowed together whether or
not they belong to the same division.
(iv) Division 1.4B and Division 1.3
explosives may not be stowed together.
Division 1.4 explosives must be loaded into
separate unit load devices and, when stowed
aboard the aircraft, the unit load devices
must be separated by other cargo with a
minimum separation of 2 m (6.5 feet). When
not loaded in unit load devices, Division 1.4
and Division 1.3 explosives must be loaded
into different, non-adjacent loading positions
and separated by other cargo with a
minimum separation of 2 m (6.5 feet).
*
*
*
*
38. The authority citation for part 176
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
[Amended]
39. In § 176.76, in paragraph (f)(2), the
wording ‘‘141 °F’’ is removed and the
wording ‘‘60 °C (140 °F)’’ is added in its
place.
40. In § 176.83, paragraph (a)(4) is
revised to read as follows:
§ 176.83
(ii) Between hazardous materials of
different classes which comprise a
group of substances that do not react
dangerously with each other. The
following materials are grouped by
compatibility:
(A) Hydrogen peroxide, aqueous
solutions with not less than 8 percent
but less than 20 percent hydrogen
peroxide (stabilized as necessary);
Hydrogen peroxide, aqueous solutions
with not less than 20 percent but not
more than 40 percent hydrogen
peroxide; Hydrogen peroxide, aqueous
solutions with more than 40 percent but
not more than 60 percent hydrogen
peroxide; Hydrogen peroxide and
peroxyacetic acid mixtures, stabilized
with acids, water and not more than 5
percent peroxyacetic acid; Organic
peroxide type D, liquid; Organic
peroxide type E, liquid; Organic
peroxide type F, liquid; and
(B) Dichlorosilane, Silicon
tetrachloride, and Trichlorosilane.
*
*
*
*
*
41. In § 176.84, in paragraph (b), in
the Table of provisions, Codes ‘‘26,’’
‘‘27,’’ ‘‘52’’ and ‘‘53’’ are revised, a new
Code ‘‘144’’ is added in appropriate
numerical order, and following the
table, a new note ‘‘2’’ is added to read
as follows:
§ 176.84 Other requirements for stowage
and segregation for cargo vessels and
passenger vessels.
*
*
*
(b) * * *
Provisions
*
26 .........
27 .........
*
*
*
*
Stow ‘‘away from’’ acids.2
Stow ‘‘away from’’ alkaline compounds.2
*
52 .........
53 .........
*
*
*
*
Stow ‘‘separated from’’ acids.1, 2
Stow ‘‘separated from’’ alkaline
compounds.2
*
144 .......
*
*
*
*
When stowed under deck, mechanical ventilation shall be in
accordance with SOLAS regulation II–2/19 (II–2/54) for flammable liquids with flashpoint
below 23 °C (73 °F).
Segregation.
Frm 00035
Fmt 4701
*
Code
(a) * * *
(4) Segregation is not required:
(i) Between hazardous materials of
different classes which comprise the
same substance but vary only in their
water content (for example, sodium
sulfide in Division 4.2 or Class 8) or
quantity for Class 7 materials; or
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*
*
PART 176—CARRIAGE BY VESSEL
§ 176.76
51927
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Code
§ 178.602
Provisions
[Amended]
44. In § 178.602, in paragraph (b), the
second sentence is amended by adding
2 Class 8 materials in PG II or III that otherthe wording ‘‘containing solids’’ after
wise are required to be segregated from one the word ‘‘Bags’’.
another may be transported in the same cargo
45. In § 178.810, paragraph (b) is
transport unit, whether in the same packaging
or not, provided the substances do not react revised to read as follows:
*
*
*
*
*
dangerously with each other to cause combustion and/or evolution of considerable heat, or
of flammable, toxic or asphyxiant gases, or the
formation of corrosive or unstable substances;
and the package does not contain more than
30 L (7.8 gallons) for liquids or 30 kg (66 lbs.)
for solids.
PART 178—SPECIFICATIONS FOR
PACKAGINGS
42. The authority citation for part 178
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
43. In § 178.274, paragraph (j)(6) is
revised to read as follows:
§ 178.274
tanks.
Specifications for UN portable
*
*
*
*
(j) * * *
(6) Effective January 1, 2008, each
new UN portable tank design type
meeting the definition of ‘‘container’’ in
the Convention for Safe Containers
(CSC) (see 49 CFR 450.3(a)(2)) must be
subjected to the dynamic longitudinal
impact test prescribed in Part IV,
Section 40 of the UN Manual of Tests
and Criteria (see IBR, § 171.7 of this
subchapter). A UN portable tank design
type impact-tested prior to January 1,
2008, in accordance with the
requirements of this section in effect on
October 1, 2005, need not be retested.
UN portable tanks used for the
dedicated transportation of ‘‘Helium,
refrigerated liquid,’’ UN 1963, and
‘‘Hydrogen, refrigerated liquid,’’ UN
1966, that are marked ‘‘NOT FOR RAIL
TRANSPORT’’ in letters of a minimum
height of 10 cm (4 inches) on at least
two sides of the portable tank are
excepted from the dynamic longitudinal
impact test.
*
*
*
*
*
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*
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§ 178.810
Drop test.
*
*
*
*
*
(b) Special preparation for the drop
test. (1) Metal, rigid plastic, and
composite IBCs intended to contain
solids must be filled to not less than 95
percent of their maximum capacity, or
if intended to contain liquids, to not less
than 98 percent of their maximum
capacity. Pressure relief devices must be
removed and their apertures plugged or
rendered inoperative.
(2) Fiberboard and wooden IBCs must
be filled with a solid material to not less
than 95 percent of their maximum
capacity; the contents must be evenly
distributed.
(3) Flexible IBCs must be filled to the
maximum permissible gross mass; the
contents must be evenly distributed.
(4) Rigid plastic IBCs and composite
IBCs with plastic inner receptacles must
be conditioned for testing by reducing
the temperature of the packaging and its
contents to ¥18 °C (0 °F) or lower. Test
liquids must be kept in the liquid state,
if necessary, by the addition of antifreeze. Water/anti-freeze solutions with
a minimum specific gravity of 0.95 for
testing at ¥18 °C (0 °F) or lower are
considered acceptable test liquids, and
may be considered equivalent to water
for test purposes. IBCs conditioned in
this way are not required to be
conditioned in accordance with
§ 178.802.
*
*
*
*
*
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
46. The authority citation for part 180
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
PO 00000
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Fmt 4701
Sfmt 4702
47. In § 180.352, paragraphs (b)
introductory text, (b)(1) and (g) are
revised to read as follows:
§ 180.352 Requirements for retest and
inspection of IBCs.
*
*
*
*
*
(b) Test and inspections for metal,
rigid plastic, and composite IBCs. Each
IBC is subject to the following test and
inspections:
(1) Each IBC intended to contain
solids that are loaded or discharged
under pressure or intended to contain
liquids must be tested in accordance
with the leakproofness test prescribed in
§ 178.813 of this subchapter prior to its
first use in transportation and every 2.5
years thereafter, starting from the date of
manufacture or the date of a repair
conforming to paragraph (d)(1) of this
section. For this test, the IBC is not
required to have its closures fitted.
*
*
*
*
*
(g) Record retention. (1) The owner or
lessee of the IBC must keep records of
periodic retests, initial and periodic
inspections, and tests performed on the
IBC if it has been repaired or
remanufactured.
(2) Records must include design types
and packaging specifications, test and
inspection dates, name and address of
test and inspection facilities, names or
name of any persons conducting test or
inspections, and test or inspection
specifics and results.
(3) Records must be kept for each
packaging at each location where
periodic tests are conducted, until such
tests are successfully performed again or
for at least 2.5 years from the date of the
last test. These records must be made
available for inspection by a
representative of the Department on
request.
Issued in Washington, DC, on August 23,
2006.
Under authority delegated in 49 CFR part
106.
Robert A. McGuire,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. 06–7200 Filed 8–30–06; 8:45 am]
BILLING CODE 4910–60–P
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]]>Agencies
[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Proposed Rules]
[Pages 51894-51928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7200]
[[Page 51893]]
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Part II
Department of Transportation
-----------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration
-----------------------------------------------------------------------
49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Organization's Technical Instructions;
Proposed Rule
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 /
Proposed Rules
[[Page 51894]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178 and 180
[Docket No. PHMSA-06-25476 (HM-215I)]
RIN 2137-AE16
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Organization's Technical Instructions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods.
DATES: Comments must be received by October 16, 2006.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-06-25476) by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
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, PL-402,
Washington, DC 20590-0001.
Hand Delivery: PL-402 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.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
notice. For detailed instructions on submitting comments and additional
information on the rulemaking process, see the Public Participation
heading of the Supplementary Information section of this document. 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 heading under Regulatory Analyses and Notices.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to the
Docket Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Contents
I. Background
II. Sunset Provision
III. Overview of Proposed Changes in the NPRM
IV. Overview of Amendments Not Being Considered for Adoption in This
NPRM
V. Section-by-Section
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
I. Background
On December 21, 1990, the Research and Special Programs
Administration (RSPA), the predecessor agency to the Pipeline and
Hazardous Materials Safety Administration (PHMSA, we) published a final
rule (Docket HM-181; 55 FR 52402) based on the UN Recommendations on
the Transport of Dangerous Goods, to comprehensively revise the
Hazardous Materials Regulations (HMR), 49 CFR parts 171 to 180, for
harmonization with the international standards. Since publication of
the 1990 final rule, we have issued six additional international
harmonization final rules, (Dockets HM-215A, 59 FR 67390; HM-215B, 62
FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E, 68 FR
44992; and HM-215G, 69 FR 76044). The rules provided additional
harmonization with international transportation requirements by more
fully aligning the HMR with the corresponding biennial updates of the
UN Recommendations, the IMDG Code and the ICAO Technical Instructions.
The UN Recommendations are not regulations, but rather are
recommendations issued by the UN Committee of Experts on the Transport
of Dangerous Goods (TDG) and on the Globally Harmonized System of
Classification and Labelling of Chemicals (GHS). These recommendations
are amended and updated biennially by the UN Committee of Experts. They
serve as the basis for national, regional, and international modal
regulations, including the International Maritime Organization's
International Maritime Dangerous Goods Code (IMDG Code), and the
International Civil Aviation Organization's Technical Instructions for
the Transport of Dangerous Goods by Air (ICAO Technical Instructions).
The harmonization of domestic and international standards becomes
increasingly important as the volume of hazardous materials transported
in international commerce grows. Harmonization serves to facilitate
international transportation, while maintaining appropriate protection
of people, property, and the environment. Although the intent of the
harmonization rulemakings is to align the HMR with international
standards, we review and consider each amendment on its own merit. Each
amendment is considered on the basis of its overall impact on
transportation safety and the economic implications associated with its
adoption into the HMR. Our goal is to harmonize without diminishing the
level of safety currently provided by the HMR and without imposing
undue burdens on the regulated public. In our efforts to continue
aligning the HMR with international requirements, in this NPRM, we are
proposing to incorporate changes into the HMR based on the Fourteenth
revised edition of the UN Recommendations, Amendment 33 to the IMDG
Code, and the 2007-2008 ICAO Technical Instructions which become
effective January 1, 2007. We are also addressing petitions for
rulemaking concerning harmonization with international standards and
additional measures to facilitate international transportation.
[[Page 51895]]
II. Sunset Provision
To assure the HMR account for new technologies and updated business
practices, PHMSA is considering whether certain requirements proposed
in this NPRM should be afforded a ``sunset'' provision. If we adopt
such a provision, certain amendments adopted through this rulemaking
would expire after a fixed amount of time (e.g., 10 years) from the
publication date of the final rule.
Harmonizing the HMR with international transportation requirements
facilitates the transportation of hazardous materials in international
commerce by eliminating the need for shippers and carriers to comply
with two different sets of regulations. Certain standards that we are
proposing to adopt by reference likely will be updated periodically in
response to changes in international standards or may be replaced by
other more relevant or technically superior standards. Future changes
to these standards would have to consider whether to retain or extend
the sunset date. If we choose to do nothing, a sunset provision would
mean the HMR would revert to the language and requirements in effect
before the issuance of the final rule. We are requesting comments on
whether certain amendments should be tied to a sunset provision.
III. Overview of Proposed Changes in This NPRM
In this NPRM, we are proposing the following amendments to the HMR:
Adoption of a single shipping paper description sequence
(identification number, proper shipping name, hazard class or division,
packing group). Currently, the HMR permit the shipping paper
description sequence to start with either the identification number or
the proper shipping name.
Requirement to indicate the net quantity of hazardous
material per package on the shipping paper if transportation is by
aircraft. The HMR do not currently require this information on a
shipping paper.
Incorporation by reference of the updated ICAO Technical
Instructions, IMDG Code, and UN Recommendations.
Amendments to the Hazardous Materials Table (HMT) to add,
revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations and vessels stowage provisions.
Revision of the ORGANIC PEROXIDE label and placard.
Revision of the classification criteria for PG III
flammable liquids.
Revision of the classification criteria and packing group
assignment for Division 6.1 materials.
Requirements for the transportation of fuel cells
containing flammable liquid.
Adoption of a one-packet limit for matches carried by
airline passengers or crew members.
IV. Overview of International Standards Not Being Considered for
Adoption in This NPRM
This NPRM proposes changes to the HMR based on amendments to the
Fourteenth revised edition of the UN Recommendations, Amendment 33 to
the IMDG Code, and the 2007-2008 ICAO Technical Instructions, which
become effective January 1, 2007. However, we are not proposing to
adopt all of the amendments to those documents into the HMR. In many
cases, amendments to the international regulations have not been
adopted because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. For example, we
addressed requirements related to the transportation of infectious
substances in a final rule published June 2, 2006, under Docket HM-226A
(71 FR 32244). Similarly, we adopted amendments relating to the use of
UN cylinders and pressure vessels in a final rule published June 12,
2006, under Docket HM-220E (71 FR 33858).
If we have inadvertently omitted an amendment in this NPRM, we will
attempt to include the omission in the final rule. However, our ability
to make changes in a final rule is limited by requirements of the
Administrative Procedure Act. In some instances, we can adopt a
provision inadvertently omitted in the NPRM if it is clearly within the
scope of changes proposed in the notice, does not require substantive
changes from the international standard on which it is based, and
imposes minimal or no cost impacts on persons subject to the
requirement. Otherwise, in order to provide opportunity for notice and
comment, the change must be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to remove or avoid potential barriers to international
transportation.
Below is a listing of those significant amendments to the
international regulations that we are not proposing to adopt in this
NPRM with a brief explanation of why the amendment was not included:
Environmentally hazardous substances. The UN
Recommendations have not yet been adopted by ICAO and IMO. These
changes will be considered in a separate rulemaking proceeding.
Hazardous materials security. Like the HMR, the UN
Recommendations require carriers, consignors and others engaged in the
transport of ``high consequence'' dangerous goods to adopt, implement
and comply with a security plan that addresses the transportation risks
associated with these materials. A major difference between the HMR and
the UN Recommendations is the quantity of hazardous material that
triggers the requirement for a security plan. We are analyzing the
differences and, based on our conclusions, will consider a separate
rulemaking to address this issue.
Requirements for radioactive materials. We are not
proposing to adopt provisions pertaining to the transportation of Class
7 (radioactive) materials. Amendments to requirements pertaining to the
transportation of Class 7 materials are based on changes contained in
the International Atomic Energy Agency (IAEA) publication, ``IAEA
Safety Standards Series: Regulations for the Safe Transport of
Radioactive Materials.'' Due to their complexity, these changes will be
addressed in a separate rulemaking.
Default classification system for fireworks. We are not
proposing to adopt these provisions of the UN Recommendations because
we do not believe the UN classification system provides an equivalent
level of safety to the current HMR requirements. Under the HMR,
fireworks must be classed and approved by the Associate Administrator
for Hazardous Materials Safety; the approvals are based on American
Pyrotechnic Association Standard 87-1.
Fuel cells. We are not proposing to adopt provisions for
the carriage of fuel cell cartridges in the passenger cabin of a
passenger aircraft that were adopted by ICAO. Also, we are not
proposing to adopt the packaging provisions for the transport of
``Hydrogen in a metal hydride storage system,'' (UN3468), as adopted by
ICAO. Currently, the HMR allow transportation of these storage systems
by motor vehicle and rail under the terms of an exemption and by motor
vehicle, rail, cargo vessel and cargo aircraft with approval of the
Associate Administrator. These issues will be
[[Page 51896]]
considered in a separate rulemaking proceeding.
Marking of Limited Quantity shipments. The ICAO Technical
Instructions adopted a marking requirement for packages containing a
limited quantity of hazardous material that consists of the
identification number of the material placed within a square-on-point
border. The marking is anticipated to become effective January 1, 2009.
Except for transportation by aircraft, this marking is currently
authorized under the HMR as an alternative to marking the proper
shipping name on the package; we are allowing continued use of this
marking to minimize transportation costs and provide flexibility.
V. Section-by-Section Review
Part 171
Section 171.7
Section 171.7 lists the standards incorporated by reference into
the HMR. We propose to update the incorporation by reference materials
for the ICAO Technical Instructions, the IMDG Code, the UN
Recommendations and the UN Manual of Tests and Criteria. The updated
editions of these standards become effective January 1, 2007.
The standards would be updated as follows:
The ICAO Technical Instructions, 2007-2008 Edition.
The IMDG Code, Amendment 33.
The UN Recommendations, Fourteenth revised edition.
The UN Manual of Tests and Criteria, Fourth revised
edition (2003), and Addendum 2, (2004).
Section 171.14
This section lists specific transition periods for certain
provisions adopted into the HMR. Paragraph (b) lists transitional
provisions related to revised placarding requirements. In this NPRM, we
propose to remove paragraph (b) because the transitional period has
expired.
Paragraph (d) of this section specifies transition provisions for
previously adopted amendments intended to harmonize the HMR with
international standards. We are proposing revisions to this paragraph
to provide specific transitional provisions for certain of the
amendments proposed in this NPRM. We are proposing an effective date of
January 1, 2007, and a mandatory compliance date of January 1, 2008. We
propose to permit voluntary compliance as of January 1, 2007, to
correspond with the effective implementation dates of the 2007-2008
ICAO Technical Instructions and Amendment 33 of the IMDG Code. This
authorization would allow shippers to prepare their international
shipments in accordance with international standards that will become
effective on January 1, 2007.
Paragraph (e) of this section contains an outdated transition
provision. In this NPRM, we propose to replace the outdated transition
provision with a new paragraph (e) that would permit use for domestic
shipments of the shipping description sequences in effect on December
31, 2006, until January 1, 2009. See the Sec. 172.202 preamble
discussion for a complete explanation of the shipping description
sequence issue.
Paragraph (f) of this section contains an outdated transitional
provision. We propose to revise paragraph (f) by removing the current
provision and adding a transitional provision to allow continued
display of Division 5.2 labels and placards conforming to the
specifications in effect on December 31, 2006, until January 1, 2011.
See the Sec. Sec. 172.407 and 172.427 preamble discussions for a
complete explanation of this issue.
In new paragraph (g), we are proposing to allow continued use of
the Class 3 and Division 6.1 classification criteria and packing group
assignments in effect on December 31, 2006, until January 1, 2012. See
Sec. Sec. 173.120 and 174.133 preamble discussions for a complete
explanation of this issue.
Part 172
Section 172.101
Section 172.101 contains the Hazardous Materials Table (HMT) and
explanations for each of the columns in the HMT. Paragraph (d) of this
section addresses column 3 of the HMT, which contains the hazard class
or division for each specific material listed in the HMT. Paragraph
(d)(4) addresses entries classed as combustible liquids. We are
proposing to revise paragraph (d)(4) to revise the lower limit for
classing a material as a combustible liquid from 60.5 [deg]C (141
[deg]F) to 60 [deg]C (140 [deg]F). This is consistent with recent
changes to the classification of flammable liquids based on the GHS and
adoption into the UN Recommendations.
The Sec. 172.101 Hazardous Materials Table (HMT): In the Sec.
172.101 Hazardous Materials Table (HMT), we are proposing to make
various amendments. Readers should review all changes for a complete
understanding of the proposed Table amendments. For purposes of the
Government Printing Office's typesetting procedures, proposed changes
to the HMT will appear under three sections of the Table, ``remove,''
``add'' and ``revise.'' Certain entries in the HMT, such as those with
proposed revisions to the proper shipping names, will appear as a
``remove'' and ``add.'' Under this NPRM, the proposed amendments to the
HMT for the purpose of harmonizing with international standards, unless
otherwise stated, include, but are not limited to the following:
1. We propose to correct Column (7) Special provisions of the HMT
by removing Special provision 101 which requires the name of the
particular substance or article to be specified. With the introduction
of the letter ``G'' for these materials in Column (1), requiring the
n.o.s. and generic proper shipping names to be supplemented with the
technical name of the hazardous material, Special provision 101 becomes
obsolete and duplicative. The affected entries are as follows:
UN0349............................ Articles, explosive, n.o.s.
UN0350............................ Articles, explosive, n.o.s.
UN0351............................ Articles, explosive, n.o.s.
UN0352............................ Articles, explosive, n.o.s.
UN0353............................ Articles, explosive, n.o.s.
UN0354............................ Articles, explosive, n.o.s.
UN0355............................ Articles, explosive, n.o.s.
UN0356............................ Articles, explosive, n.o.s.
UN0462............................ Articles, explosive, n.o.s.
UN0463............................ Articles, explosive, n.o.s.
UN0464............................ Articles, explosive, n.o.s.
UN0465............................ Articles, explosive, n.o.s.
UN0466............................ Articles, explosive, n.o.s.
UN0467............................ Articles, explosive, n.o.s.
UN0468............................ Articles, explosive, n.o.s.
[[Page 51897]]
UN0469............................ Articles, explosive, n.o.s.
UN0470............................ Articles, explosive, n.o.s.
UN0471............................ Articles, explosive, n.o.s.
UN0472............................ Articles, explosive, n.o.s.
UN0382............................ Components, explosive train, n.o.s.
UN0383............................ Components, explosive train, n.o.s.
UN0384............................ Components, explosive train, n.o.s.
UN0461............................ Components, explosive train, n.o.s.
UN0357............................ Substances, explosive, n.o.s.
UN0358............................ Substances, explosive, n.o.s.
UN0359............................ Substances, explosive, n.o.s.
UN0473............................ Substances, explosive, n.o.s.
UN0474............................ Substances, explosive, n.o.s.
UN0475............................ Substances, explosive, n.o.s.
UN0476............................ Substances, explosive, n.o.s.
UN0477............................ Substances, explosive, n.o.s.
UN0478............................ Substances, explosive, n.o.s.
UN0479............................ Substances, explosive, n.o.s.
UN0480............................ Substances, explosive, n.o.s.
UN0481............................ Substances, explosive, n.o.s.
UN0485............................ Substances, explosive, n.o.s.
UN0482............................ Substances, explosive, very
insensitive, n.o.s. or Substances,
EVI, n.o.s.
2. Amendment 32 of the IMDG Code added a new segregation group for
alkalis. For consistency with international regulations and in response
to a petition from Horizon Lines (P-1470), we are proposing to revise
the Vessel Stowage Provisions in Column (10B) by adding Segregation
Code ``52'' (Stow ``Separated from'' acids) to certain entries. The
affected entries are as follows:
UN2733............................ Amines, flammable, corrosive, n.o.s.
or Polyamines, flammable,
corrosive, n.o.s.
UN2671............................ Aminopyridines (o-; m-; p-).
UN1005............................ Ammonia, anhydrous.
UN3318............................ Ammonia solution, relative density
less than 0.880 at 15 degrees C in
water, with more than 50 percent
ammonia.
UN2672............................ Ammonia solutions, relative density
between 0.880 and 0.957 at 15
degrees C in water, with more than
10 percent but not more than 35
percent ammonia.
UN2073............................ Ammonia solutions, relative density
less than 0.880 at 15 degrees C in
water, with more than 35 percent
but not more than 50 percent
ammonia.
UN3028............................ Batteries, dry, containing potassium
hydroxide solid, electric, storage.
UN2795............................ Batteries, wet, filled with alkali,
electric storage.
UN2797............................ Battery fluid, alkali.
UN2682............................ Caesium hydroxide.
UN2681............................ Caesium hydroxide solution.
UN1719............................ Caustic alkali liquids, n.o.s.
UN1160............................ Dimethylamine solution.
UN2379............................ 1, 3-Dimethylbutylamine.
UN2382............................ Dimethylhydrazine, symmetrical.
UN1163............................ Dimethylhydrazine, unsymmetrical.
UN3253............................ Disodium trioxosilicate.
UN2491............................ Ethanolamine or Ethanolamine
solutions.
UN2270............................ Ethylamine, aqueous solution with
not less than 50 percent but not
more than 70 percent ethylamine.
UN1604............................ Ethylenediamine.
UN2386............................ 1-Ethylpiperidine.
UN2029............................ Hydrazine, anhydrous.
UN3293............................ Hydrazine, aqueous solution with not
more than 37 percent hydrazine, by
mass.
UN2030............................ Hydrazine, aqueous solutions, with
more than 37 percent hydrazine, by
mass.
UN2680............................ Lithium hydroxide.
UN2679............................ Lithium hydroxide, solution.
UN1235............................ Methylamine, aqueous solution.
UN1244............................ Methylhydrazine.
UN2399............................ 1-Methylpiperidine.
UN1813............................ Potassium hydroxide, solid.
UN1814............................ Potassium hydroxide, solution.
UN2033............................ Potassium monoxide.
UN1922............................ Pyrrolidine.
UN2678............................ Rubidium hydroxide.
UN2677............................ Rubidium hydroxide solution.
UN1907............................ Soda lime with more than 4 percent
sodium hydroxide.
UN1819............................ Sodium aluminate, solution.
UN2318............................ Sodium hydrosulfide, with less than
25 percent water of
crystallization.
UN1823............................ Sodium hydroxide, solid.
UN1824............................ Sodium hydroxide solution.
UN1825............................ Sodium monoxide.
UN1849............................ Sodium sulfide, hydrated with not
less than 30 percent water.
UN2320............................ Tetraethylenepentamine.
[[Page 51898]]
UN3073............................ Vinylpyridines, stabilized.
3. The entry ``Aerosols, non-flammable, (each not exceeding 1 L
capacity),'' UN1950, would be revised by adding vessel storage location
code ``A'' in Column (10A). This code was inadvertently removed in a
final rule published under Docket HM-189Y (70 FR 56084; September 23,
2005).
4. The entry ``Antimony trichloride, solid,'' UN1733, PG II, would
be revised by adding Special provisions T3 and TP33. Special provision
T3 specifies the applicable minimum test pressure, the minimum shell
thickness, bottom opening requirements and pressure relief requirements
when transporting this material in a UN portable tank. Special
provision TP33 specifies requirements applicable to the transportation
of this material in IM and UN Specification portable tanks.
5. The entry, ``Articles, explosive, extremely insensitive or
Articles, EEI, '' UN0486, would be revised by removing Special
provision 101 which requires the name of the particular substance or
article to be specified.
6. The entry ``Benzyl bromide,'' UN1737, PG II, would be revised by
removing the reference to Sec. 173.153 ``Exceptions for Division 6.1
(poisonous materials)'' in Column (8A).
7. The entry ``Benzyl chloride,'' UN1738, PG II, would be revised
by removing the reference to Sec. 173.153 ``Exceptions for Division
6.1 (poisonous materials)'' in Column (8A).
8. In accordance with changes in the Fourteenth revised edition of
the UN Recommendations, we propose to remove the following entries:
--The entry ``Carbon dioxide and nitrous oxide mixtures,'' UN1015;
--The entry ``Carbon dioxide and oxygen mixtures, compressed,'' UN1014;
and
--The entry ``Carbon monoxide and hydrogen mixture, compressed,''
UN2600.
9. The entry, ``Charges, shaped, flexible, linear,'' UN0288, would
be revised by removing Special provision 101, which requires the name
of the particular substance or article to be specified.
10. The entry ``Chlorosilanes, corrosive, n.o.s.,'' UN2987, PG II,
would be revised by removing the reference to Sec. 173.154
``Exceptions for Class 8 (corrosive materials)'' in Column (8A).
11. The entry ``Chlorosilanes, flammable, corrosive, n.o.s.,''
UN2985, PG II, would be revised by removing the reference to Sec.
173.150 ``Exceptions for Class 3 (flammable) and combustible liquids''
in Column (8A).
12. The entry ``Chlorosilanes, toxic, corrosive, n.o.s.,'' UN3361,
PG II, would be revised by removing the reference to Sec. 173.153
``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).
13. The entry ``Chlorosilanes, toxic, corrosive, flammable,
n.o.s.,'' UN3362, PG II, would be revised by removing the reference to
Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in
Column (8A).
14. The entry ``Chromium trioxide, anhydrous,'' UN1463, Column (6)
would be revised by adding the Division 6.1 subsidiary hazard labeling
requirement.
15. The entry ``Compressed gas, n.o.s.,'' UN1956, would be revised
by adding Special provision 77. Special provision 77 requires, for
domestic transportation, a Division 5.1 subsidiary risk label when a
carbon dioxide and oxygen mixture contains more than 23.5% oxygen.
16. The entry, ``Contrivances, water-activated, with burster,
expelling charge or propelling charge,'' UN0248, would be revised by
removing Special provision 101, which requires the name of the
particular substance or article to be specified. In addition, the
letter ``G'' would be added to Column (1), requiring the proper
shipping name to be supplemented with the technical name of the
hazardous material.
17. The entry, ``Contrivances, water-activated, with burster,
expelling charge or propelling charge,'' UN0249, would be revised by
removing Special provision 101, which requires the name of the
particular substance or article to be specified. In addition, the
letter ``G'' would be added to Column (1), requiring the proper
shipping name to be supplemented with the technical name of the
hazardous material.
18. The entry ``Corrosive liquid, acidic, inorganic, n.o.s.,''
UN3264, PG II, would be revised by removing Special provision A6.
Special provision A6 specifies that for combination packagings, if
plastic inner packagings are used, they must be packed in tightly
closed metal receptacles before packing in outer packagings. Special
provision A6 applies only to the PG I entry of this material.
19. The proper shipping name for the entry ``Crotonaldehyde,
Stabilized,'' UN1143, would be revised to read ``Crotonaldehyde or
Crotonaldehyde, stabilized'' and to add proposed new Special provision
175. New Special provision 175 specifies this material is required to
be stabilized when in concentrations of not more than 99%. The revision
appears as a ``Remove/Add'' in this rulemaking.
20. The proper shipping name for the entry ``Crotonic acid,
liquid,'' UN2823, would be corrected to read ``Crotonic acid, liquid''
and the Identification Number would be revised to read ``UN3472.'' This
revision appears as a ``Remove/Add'' in this rulemaking.
21. The proper shipping name for the entry ``Crotonic acid,
solid,'' UN2823, would be corrected to read ``Crotonic acid, solid,''
UN2823. This correction appears as a ``Remove/Add'' in this rulemaking.
22. In accordance with the ICAO Technical Instructions, the entry
``Dangerous Goods in Machinery or Dangerous Goods in Apparatus,'' UN
3363, would be revised by adding quantity limits for transportation by
aircraft. The quantity limits will be specified in a new Special
provision A105.
23. The entry ``Ethyltrichlorosilane,'' UN1196, PG II, would be
revised by removing the reference to Sec. 173.150 ``Exceptions for
Class 3 (flammable) and combustible liquids'' in Column (8A).
24. The entry ``Formic acid,'' UN1779, would be revised to read
``Formic acid with more than 85% acid by mass'' and the Class 3
subsidiary hazard would be added in Column (6). This revision appears
as a ``Remove/Add'' in this rulemaking.
25. A new entry, ``Formic acid with not less than 10% but not more
than 85% acid by mass,'' UN3412, would be added.
26. A new entry, ``Formic acid with not less than 5% but less than
10% acid by mass,'' UN3412, would be added.
27. A new entry, ``Fuel cell cartridges containing flammable
liquids,'' UN3473, would be added.
28. The entry ``Hydrazine aqueous solutions, with more than 37%
hydrazine, by mass'' UN2030, PG I, would be revised by removing Special
provision 151. Special provision 151 specifies that if this material
meets the definition of a flammable liquid in Sec. 173.120 of the HMR,
a FLAMMABLE LIQUID label is required and the basic description on the
shipping paper must indicate the Class 3 subsidiary hazard. Changes to
the Fourteenth revised edition of the UN Recommendations removed this
requirement. Shipping paper and labeling requirements for materials
with subsidiary hazards are addressed in Sec. Sec. 172.202 and
172.402, respectively. 28a. The entry ``Hydrogen in a metal hydride
storage system,''
[[Page 51899]]
UN3468, would be revised by amending Column (9B) to authorize 100 kg
gross.
29. The entry ``Hydrogen peroxide and peroxyacetic acid mixtures,
stabilized with acids, water, and not more than 5 percent peroxyacetic
acid,'' UN3149, would be revised by adding Special provision IP5. When
this material is transported in an IBC, Special provision IP5 specifies
the IBC must have a device to allow venting.
30. The entry ``Hydrogen peroxide, aqueous solutions with more than
40 percent but not more than 60 percent hydrogen peroxide (stabilized
as necessary),'' UN2014, would be revised by adding Special provision
IP5. When this material is transported in an IBC, Special provision IP5
specifies the IBC must have a device to allow venting.
31. The entry ``Hydrogen peroxide, aqueous solutions with not less
than 20 percent but not more than 40 percent hydrogen peroxide
(stabilized as necessary),'' UN2014, would be revised by adding Special
provision IP5. When this material is transported in an IBC, Special
provision IP5 specifies the IBC must have a device to allow venting.
32. The entry ``Hydrogen peroxide, aqueous solutions with not less
than 8 percent but less than 20 percent hydrogen peroxide (stabilized
as necessary),'' UN2984, would be revised by adding Special provision
IP5. When this material is transported in an IBC, Special provision IP5
specifies the IBC must have a device to allow venting.
33. The entry ``Hydrogen peroxide, stabilized or Hydrogen peroxide
aqueous solutions, stabilized with more than 60 percent hydrogen
peroxide,'' UN2015, would be revised by removing Special provision T10
and adding Special provision T9. When this material is transported in a
UN portable tank, Special provision T10 requires the UN portable tank
pressure relief device to comply with the requirements specified in
Sec. 178.275(g)(3) of the HMR. The proposed addition of Special
provision T9 would remove this requirement.
34. For the entry ``Hydrogendifluorides, n.o.s.,'' UN1740, PG II
and III, the proper shipping name would be revised by to read
``Hydrogendifluorides, solid, n.o.s.'' This revision appears as a
``Remove/Add'' in this rulemaking.
35. A new entry ``Hydrogendifluorides, solution, n.o.s.,'' UN3471,
PG II and III, would be added.
36. The entry ``Hydroquinone, solid,'' UN2662, would be removed.
37. The entry ``Hydroquinone solution,'' UN3435, would be removed.
38. The entry ``Hypochlorite solutions,'' UN1791, PG II, would be
revised by adding Special provision IP5. When this material is
transported in an IBC, Special provision IP5 specifies the IBC must
have a device to allow venting.
39. For the entry ``Lead phosphite, dibasic,'' UN2989, PG II, the
quantity limitations in Columns (9A) and (9B) would be revised to read
15 kg and 50 kg, respectively.
40. For the entry ``Lead phosphite, dibasic,'' UN2989, PG III, the
quantity limitations in Columns (9A) and (9B) would be revised to read
25 kg and 100 kg, respectively.
41. The entry ``Methylphenyldichlorosilane,'' UN2437, PG II, would
be revised by removing the reference to Sec. 173.154 ``Exceptions for
Class 8 (corrosive materials)'' in Column (8A).
42. The entry ``Motor fuel anti-knock mixtures,'' UN1649, would be
corrected by removing the subsidiary hazard label requirement in Column
(6).
43. The entry ``Organometallic substance, solid, pyrophoric,''
UN3391, PG I, would be revised by correcting the Column (8B) Non-bulk
packaging entry ``181'' to read ``187.''
44. The entry ``Organometallic substance, solid, pyrophoric, water-
reactive,'' UN3393, PG I, would be revised by correcting the Column
(8B) Non-bulk packaging entry ``181'' to read ``187.''
45. A new entry, ``Paint, corrosive, flammable (including paint,
lacquer, enamel, stain, shellac, varnish, polish, liquid filler and
liquid lacquer base),'' UN3470, PG II, would be added.
46. A new entry ``Paint, flammable, corrosive (including paint,
lacquer, enamel, stain, shellac, varnish, polish, liquid filler and
liquid lacquer base),'' UN3469, PG I, II, and III, would be added.
47. The entry ``Paint including paint, lacquer, enamel, stain,
shellac solutions, varnish, polish, liquid filler and liquid lacquer
base,'' UN1263, would be revised by adding the following Special
provisions to the PG I, II, and III entries, respectively:
--TP27 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 4 bar (400 kPa) may be used provided the calculated test
pressure is 4 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
48. The entry ``Paint or Paint related materials,'' UN3066, would
be revised by adding the following Special provisions to the PG II and
III entries, respectively:
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
49. A new entry, ``Paint related material, corrosive, flammable
(including paint thinning or reducing compound),'' UN3470, PG II, would
be added.
50. A new entry, ``Paint related material, flammable, corrosive
(including paint thinning or reducing compound),'' UN3469, PG I, II,
and III would be added.
51. The entry ``Paint related material including paint thinning,
drying, removing, or reducing compound,'' UN1263, would be revised by
adding the following Special provisions to the PG I, II, and III
entries, respectively:
[[Page 51900]]
--TP27 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 4 bar (400 kPa) may be used provided the calculated test
pressure is 4 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
52. The entry ``Plastic molding compound in dough, sheet or
extruded rope form evolving flammable vapor, UN3314, PG III, would be
revised by removing vessel stowage location A and adding location E in
Column (10A), and by adding Vessel Stowage provisions 19, 25 and
proposed new Vessel Stowage provision 144 in Column (10B).
53. The entry ``Polymeric beads, expandable, evolving flammable
vapor, UN2211, PG III, would be revised by removing stowage location A
and adding location E in Column (10A), and by adding Vessel Stowage
provisions 19, 25 and proposed new Vessel Stowage provision 144 in
Column (10B).
54. For the entry ``Propionic acid,'' UN1848, the proper shipping
name would be revised to read, ``Propionic acid with not less than 10%
and less than 90% acid by mass.'' This revision appears as a ``Remove/
Add'' in this rulemaking.
55. A new entry, ``Propionic acid with not less than 90% acid by
mass,'' UN3463, would be added.
56. The entry ``Rare gases mixtures, compressed,'' UN1979, would be
removed.
57. The entry ``Rare gases and oxygen mixtures, compressed,''
UN1980, would be removed.
58. The entry ``Rare gases and nitrogen mixtures, compressed,''
UN1981, would be removed.
59. The proper shipping name ``Regulated medical waste,'' UN3291,
would be removed and a new proper shipping name ``Regulated medical
waste, n.o.s. or Clinical waste unspecified, n.o.s. or (BIO) Medical
waste, n.o.s.,'' UN3291, would be added in its place.
60. For the international entry for ``Sulfur,'' UN1350, the
quantity limitations in Columns (9A) and (9B) would be revised to read
25 kg and 100 kg, respectively.
61. The entry ``Trimethylchlorosilane,'' UN1298, PG II, would be
revised by removing the reference to Sec. 173.150 ``Exceptions for
Class 3 (flammable) and combustible liquids'' in Column (8A).
Also, see Sec. 172.102 for additional HMT amendments.
Appendix B to Sec. 172.101
Appendix B to Sec. 172.101 lists Marine Pollutants regulated under
the HMR. For the entry ``Copper chloride'' we are proposing to add the
designation ``PP'' to indicate that copper chloride is a severe marine
pollutant. We are also proposing to correct an oversight by removing
the entries ``Alcohol C-13--C-15 poly (1-6) ethoxylate'' and ``1,2-
Dichlorobenzene.'' Removal of the entry ``Alcohol C-13--C-15 poly (1-6)
ethoxylate'' was overlooked in a final rule published under Docket HM-
215G (69 FR 76044; December 20, 2004) and removal of the entry ``1,2-
Dichlorobenzene'' was overlooked in a final rule published under Docket
HM-215D (66 FR 33316; June 21, 2001).
Section 172.102
Section 172.102 lists a number of special provisions applicable to
the transportation of specific hazardous materials. Special provisions
contain packaging provisions, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. For
consistency with international standards, we propose to amend Sec.
172.102, Special provisions, as follows:
Special provision 15 specifies the types of materials and
packaging requirements for chemical kits and first aid kits. We propose
to revise Special provision 15 to list examples that may be described
as ``Chemical kits'' and ``First aid kits.''
Special provision 47 specifies requirements for mixtures
of non-hazardous solids and flammable liquids. In accordance with the
UN Recommendations, Special provision 47 would be revised to specify
that, in addition to sealed packets, articles containing less than 10
mL of a Class 3 Packing Group II or III liquid absorbed into a solid
material would be excepted from the HMR provided there is no free
liquid in the packet.
Special provision 77 applies to use of Division 5.1
subsidiary risk label. We propose to revise this special provision for
consistency with the wording in the UN Recommendations. As proposed,
Special provision 77 would no longer apply only to ``domestic
transportation.'' Further, we propose to clarify that a Division 5.1
label is required if other oxidizing gases are present. Also, the
provision would be applied to the entry ``Compressed gas, n.o.s.,''
UN1956, which is the most appropriate description for mixtures
currently described as ``Carbon dioxide and oxygen mixtures,
compressed.'' In this NPRM, we are proposing to remove the entry for
``Carbon dioxide and oxygen mixtures, compressed,'' which is consistent
with its removal from the UN Recommendations.
Special provision 146 would be amended to authorize the
domestic classification of a material as environmentally hazardous if
it is designated as such by foreign competent authorities. The
provision as currently worded may be interpreted to only allow such
classification for international shipments. Due to current differences
in criteria for the classification of environmentally hazardous
substances world-wide, we believe the amended provision will afford
additional flexibility to industry and reduce shipping costs by
allowing both domestic and international shipments to be treated
identically.
Special provision 147 applies to non-sensitized emulsions,
suspensions and gels consisting primarily of a mixture of ammonium
nitrate and fuel, intended to produce a Type E blasting explosive only
after further processing prior to use. In accordance with the UN
Recommendations, this special provision would be revised to specify the
composition of mixtures for suspensions and gels and to specify these
substances be tested in accordance with Test Series 8 of the UN Manual
of Tests and Criteria.
Special provision 166 authorizes non-friable, tablet form
calcium hypochlorite, dry or hydrated, to be transported as a Packing
Group III material. In accordance with the UN Recommendations, we
propose to revise Special provision 166 to remove the authorization for
``hydrated'' non-friable tablet forms of calcium hypochlorite to be
transported as a PG III material.
[[Page 51901]]
A new Special provision 175 would be added to require
stabilization for certain substances when transported in concentrations
of not more than 99%.
Special provision 101 would be removed. This special
provision requires the name of the particular substance or article to
be specified. With the introduction of the letter ``G'' in Column (1),
which requires the n.o.s. and generic proper shipping names to be
supplemented with the technical name of the hazardous material, Special
provision 101 becomes obsolete.
A new Special provision A105 would be added to specify the
quantity of hazardous materials allowed in equipment or apparatus.
Section 172.202
Section 172.202 establishes requirements for shipping descriptions
on shipping papers. Currently, the basic description of a hazardous
material consists of the proper shipping name, hazard class, ID number
and packing group, in that order. The HMR also authorize an alternative
description sequence, which lists the identification number first,
followed by the proper shipping name, hazard class, and packing group.
Beginning January 1, 2007, the alternative shipping description
sequence will be mandatory on shipping documents prepared according to
the ICAO Technical Instructions and the IMDG Code. In this NPRM, we
propose to adopt the alternative shipping description sequence. We are
also proposing a 2-year transition period to allow offerors sufficient
time to convert to the new shipping description sequence. Readers are
invited to comment on this proposal, especially on the length of the
transition period.
The description of a hazardous material on a shipping paper must
include the total quantity of hazardous material (by mass or volume)
covered by the description (see Sec. 172.202(a)(5)). The majority of
quantity limitations set forth for transportation by aircraft, in
Columns (9A) and (9B), are ``net'' quantities. Section 175.75 limits
the quantity of hazardous materials, expressed in net mass, aboard an
aircraft. To facilitate compliance with the aircraft operator's
requirements, we are proposing that, for transportation by aircraft,
the total quantity per package be shown, expressed as net mass, except
as otherwise specified. For example:
UN1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L each
Different size packages containing different quantities of the same
hazardous material must be clearly identified. For example:
UN 1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L, 6 fiberboard boxes
x 10 L
Where the letter ``G'' follows the quantity in Column (9A) or (9B),
the gross mass must be indicated, rather than the net quantity.
Also, we are proposing the following additional requirements:
--For empty uncleaned packaging, only the number and type of packaging
must be shown;
--For chemical kits and first aid kits, the total net mass of hazardous
materials must be shown. Where a kit contains solids and/or liquids,
the net mass of liquids within the kit is to be calculated on a 1 to 1
basis, i.e., 1 liter equals 1 kilogram;
--For dangerous goods in machinery or apparatus, the individual total
quantities of dangerous goods in solid, liquid or gaseous state,
contained in the article must be shown;
--For dangerous goods transported in a salvage packaging, an estimate
of the quantity of dangerous goods per package must be shown;
--For cylinders, the total quantity may be indicated by the number of
cylinders, for example, ``10 cylinders;''
--For items where ``No Limit'' is shown in Column (9A) or (9B) of the
HMT, the quantity shown should be the net mass or volume of the
material, except for UN2800, UN2807, UN3072, UN3166 and UN3173, where
the quantity should be the gross mass of the article.
Section 172.312
Section 172.312 addresses marking requirements for liquid hazardous
materials in non-bulk packagings. Specifically, the packaging must be
marked with orientation arrows to indicate how the package should be
oriented during transportation; the arrows indicate which end of the
package is ``up.'' Currently the HMR require orientation markings only
on a non-bulk combination package with inner packagings that contain a
liquid hazardous material, unless specifically excepted. In this NPRM,
we propose to revise paragraph (a) to require orientation markings on
single packagings fitted with vents and on open cryogenic receptacles
intended for the transport of refrigerated liquefied gases. Also, we
propose to require the size of the marking to be proportioned so that
it is clearly visible in relation to the size of the package, and to
require the color of the arrows to be either black or red on a suitable
contrasting background. Currently, the HMR do not specify either size
or color requirements. Finally, we are proposing to add a new paragraph
(c)(7) to except Class 7 radioactive materials in type A, IP-2, IP-3,
B(U), B(M) or C packages from the orientation marking requirement.
Sections 172.407 and 172.427
Section 172.407 establishes specifications for package labels.
Section 172.427 establishes requirements for the ORGANIC PEROXIDE
label. In accordance with the UN Recommendations, we are proposing to
revise the ORGANIC PEROXIDE label. The new label will reflect the fact
that organic peroxides are highly flammable and will enable transport
workers to readily distinguish peroxides from oxidizers with which they
are generally not compatible. We also propose to allow labels meeting
the specifications in effect on December 31, 2006, to continue to be
displayed until January 1, 2011 (see Sec. 171.14). Adoption of the
redesigned label will eliminate the current requirement in Sec.
172.402 for a package containing an organic peroxide to bear a
FLAMMABLE LIQUID subsidiary label in addition to the ORGANIC PEROXIDE
primary hazard class label.
Section 172.552
Section 172.552 establishes specific requirements for the ORGANIC
PEROXIDE placard. In accordance with the UN Recommendations, in
paragraph (b), we are proposing to revise the ORGANIC PEROXIDE placard.
The new placard will reflect the fact that organic peroxides are highly
flammable and will enable transport workers to readily distinguish
peroxides from oxidizers with which they are generally not compatible.
We also propose to allow placards meeting the specifications in effect
on December 31, 2006, to continue to be displayed until January 1, 2011
(see Sec. 171.14).
Part 173
Section 173.9
Section 173.9 sets forth requirements for transporting cargo that
has been fumigated or is undergoing fumigation. Such shipments must
have a FUMIGANT marking. As specified in this section, the FUMIGANT
marking includes an indication of the material used for fumigation and
the date and time the fumigant was applied. Currently, transport
vehicles or freight containers containing fumigated cargoes are not
required to show the date the fumigant transport vehicle or freight
container was ventilated to remove harmful concentration of fumigant
gas.
[[Page 51902]]
To minimize the possibility of an individual entering a fumigated
transport vehicle or freight container prematurely, we are proposing to
add the date of ventilation on the FUMIGANT marking. We are also
proposing to revise the specifications for the FUMIGANT marking to
allow either red or black marking on a white background. Finally, we
are proposing to revise the section for clarity.
Sections 173.35, 173.120, 173.121, and Appendix H to Part 173
Section 173.35 sets forth requirements for transporting hazardous
materials in intermediate bulk containers (IBCs); Sec. 173.120
establishes classification criteria for flammable liquid (Class 3)
materials; Sec. 173.121 addresses packing group assignments for Class
3 materials; and Appendix H to Part 173 sets forth methods to test a
material to determine its combustibility. We are proposing revisions in
all of these sections to revise the upper limit for a PG III flammable
liquid from 60.5 [deg]C (141 [deg]F) to 60 [deg]C (140 [deg]F). This is
consistent with recent changes to the classification of flammable
liquids based on the GHS and adoption into the UN Recommendations.
PHMSA is also proposing a five-year transition period.
Section 173.115
The HMR define a Division 2.2 non-flammable gas as any material or
mixture that ``exerts in the packaging an absolute pressure of 280 kPa
(40.6 psia) or greater at 20 [deg]C (68 [deg]F), * * *.'' In paragraph
(b)(1), we propose to add the phrase ``or is a cryogenic liquid,'' to
clarify that a cryogenic liquid, whether or not it meets the definition
of a Division 2.2 non-flammable gas, is subject to the HMR. This is
consistent with the current requirements for cryogenic liquids in Sec.
173.115(g).
Currently, paragraph (k)(5) of this section requires aerosols
containing Class 8, PG III materials to be assigned a Class 8
subsidiary hazard. We are proposing to amend paragraph (k)(5) to
specify that aerosols containing Class 8, PG II or PG III materials
must be assigned a Class 8 subsidiary hazard.
Section 173.124
Section 173.124 establishes classification criteria for Division
4.1 (flammable solid), Division 4.2 (spontaneously combustible), and
Division 4.3 (dangerous when wet) materials. We are proposing to
require mixtures of oxidizing substances containing 5.0% or more
combustible organic substances to be subject to the self-reactive
substance classification procedure. This will ensure that oxidizing
substances containing 5.0% or more of combustible organic substances
are also tested for their ability to self-react and to ensure that in
such instances, these substances are appropriately classed for their
self-reactive hazard.
Section 173.133
Section 173.133 establishes criteria for assignment of packing
groups to poisonous (Division 6.1) materials. We are proposing to amend
the toxicity criteria for consistency with the toxicity criteria
adopted in the UN Recommendations on the basis of the limits
established in the GHS. As a result, some materials that were not
previously regulated under the HMR will be regulated as Division 6.1,
Packing Group III; some materials currently regulated as Division 6.1,
Packing Group I or II will be assigned to a different packing group;
and some materials that were previously regulated as Division 6.1,
Packing Group III will not be subject to regulation under the HMR.
PHMSA is proposing a five year transition period.
The effect of these changes to packing group assignments for
Division 6.1 materials is summarized as follows:
------------------------------------------------------------------------
Current PG Proposed PG
Material properties assignment assignment
------------------------------------------------------------------------
Oral LD50 > 200, <= 300 Not regulated...... III.
(Solid).
Oral LD50 > 300, <= 500 III................ Not regulated.
(Liquid).
Dermal LD50 > 40, <= 50....... II................. I.
Inhalation toxicity by dusts I.................. II.
and mists LC50 > 0.2, <= 0.5.
Inhalation toxicity by dusts III................ Not regulated.
and mists LC50 > 4, <= 10.
------------------------------------------------------------------------
Sections 173.134 and 173.197
These sections are revised by replacing the wording ``Regulated
medical waste'' with the wording ``Regulated medical waste or clinical
waste or (bio) medical waste.''
Section 173.136
Currently, the HMR define ``corrosive material'' to mean ``a liquid
or solid that causes full thickness destruction of human skin at the
site of contact within a specified period of time. A liquid that has a
severe corrosion rate on steel or aluminum based on the criteria in
Sec. 173.137(c)(2) is also a corrosive material.'' Certain solids with
a low melting point may become liquid during transportation, and others
may be intentionally heated above their melting point and transported
as a liquid in the molten state. We believe that the Class 8 definition
should apply equally to liquids and to solids offered for
transportation or transported in a liquid state. Therefore, we are
proposing to revise the definition of a ``corrosive material'' in
paragraph (a), to include a solid material that is offered for
transportation or transported as a liquid and has a severe corrosion
rate on steel or aluminium.
Also, we are proposing to remove the grandfather provision in Sec.
173.136(d) on the basis that it is no longer necessary because tests
other than the one specified in the UN Manual of Tests and Criteria
will be authorized. See the Sec. 173.137 preamble discussion below.
Section 173.137
Section 173.137 establishes packing group criteria for corrosive
(Class 8) materials. In a final rule published under Docket HM-215G (69
FR 76155; December 20, 2004), we revised the language in paragraph
(c)(2) mandating the corrosion test in the UN Manual of Tests and
Criteria as the only acceptable test method for determining the
corrosivity of a material. That was not our intent. In this NPRM, we
are proposing to revise paragraph (c)(2) to specify that corrosivity
may be determined in accordance with methods described in the UN Manual
of Tests and Criteria, as well as other equivalent methods such as
those described in ASTM G 31-72.
Section 173.159
Section 173.159 establishes transportation requirements for wet
electric storage batteries. In accordance with the ICAO Technical
Instructions, we are proposing to revise paragraphs (a), (c)(1),
(c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) to clarify that batteries may
be protected against short circuits by the use of non-conductive caps
that cover the entire terminal(s).
[[Page 51903]]
Section 173.166
Section 173.166 establishes transportation requirements for air bag
inflators, air bag modules, and seat-belt pretensioners. Currently,
paragraph (d)(1) excepts from the HMR air bag modules and seat-belt
pretensioners approved by the Associate Administrator and installed in
a motor vehicle or a completed motor vehicle component. We propose to
revise paragraph (d)(1) to expand the exception to include air bag
modules and seat-belt pretensioners installed in other means of
conveyance, such as boats and aircraft, or their components.
Section 173.187
Section 173.187 establishes transportation requirements for
pyrophoric solids, metals, or alloys, not otherwise specified (n.o.s.).
We propose to revise this section for clarity and to correct an
oversight by adding 4A steel boxes to the list of authorized packagings
for pyrophoric solids, metals or alloys, n.o.s.
Section 173.216
Section 173.216 establishes transportation requirements for blue,
brown, or white asbestos. Paragraph (c) of this section specifies
packaging requirements for these materials. In paragraph (c), we are
proposing to require bags or other non-rigid packages containing
asbestos to be transported in rigid outer packages or closed freight
containers.
Section 173.220
Section 173.220 establishes transportatio
