Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions, 44804-44862 [E8-16579]
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
and 178
[Docket Nos. PHMSA–2007–0065 (HM–224D)
and PHMSA–2008–0005 (HM–215J)]
RIN 2137–AE31
Hazardous Materials: Revision to
Requirements for the Transportation of
Batteries and Battery-Powered
Devices; and 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).
AGENCY:
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.
The proposals include amendments
and clarifications addressing the safe
transportation of batteries and batterypowered devices. Consistent with recent
changes to the International Civil
Aviation Organization’s Technical
Instructions, PHMSA is proposing to
clarify the prohibition against
transporting electrical devices,
including batteries and battery-powered
devices that are likely to create sparks
or generate a dangerous amount of heat.
PHMSA also is proposing to modify and
enhance requirements for the packaging
and handling of batteries and batterypowered devices, particularly in air
commerce, to emphasize the safety
precautions that are necessary to
prevent incidents during transportation.
PHMSA developed these proposals in
conjunction with the Federal Aviation
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SUMMARY:
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Administration in order to enhance the
safe transportation of batteries and
battery-powered devices.
DATES: Comments must be received by
September 29, 2008.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
Dockets Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Hand Delivery: To U.S. Department
of Transportation, Dockets Operations,
M–30, Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. Monday through Friday,
except Federal holidays.
Instructions: Include the agency name
and docket number PHMSA–2008–0005
(HM–215J) or RIN 2137–AE31 for this
rulemaking at the beginning of your
comment. Note that all comments
received will be posted without change
to https://www.regulations.gov including
any personal information provided. If
sent by mail, comments must be
submitted in duplicate. Persons wishing
to receive confirmation of receipt of
their comments must include a selfaddressed stamped postcard.
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 (65 FR
19477), or you may visit https://
www.regulations.gov.
Docket: You may view the public
docket through the Internet at https://
www.regulations.gov or in person at the
Docket Operations office at the above
address (See ADDRESSES).
FOR FURTHER INFORMATION CONTACT: T.
Glenn Foster or 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, 1200 New Jersey
Avenue, SE., 2nd Floor, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background
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II. Transportation of Batteries and BatteryPowered Devices
A. Current Regulatory Requirements
B. Accident/Incident History
C. Recent Actions To Enhance Battery
Safety
D. Proposals To Enhance the Safe
Transportation of Batteries
III. Additional Harmonization Proposals in
This NPRM
IV. Amendments Not Being Considered for
Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the
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 Policies and
Procedures
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
By final order published December
21, 1990 (Docket HM–181; 55 FR
52402), we comprehensively revised the
Hazardous Materials Regulations (HMR;
49 CFR parts 171 to 180) to harmonize
U.S. requirements with the United
Nations Recommendations on the
Transport of Dangerous Goods (UN
Recommendations). 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 the Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS). These
recommendations are amended and
updated biennially by the TDG and
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 International Civil Aviation
Organization Technical Instructions
(ICAO TI) for the Transport of
Dangerous Goods by Air.
Since publication of the 1990 rule, we
have issued seven additional
international harmonization 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; HM–215G, 69 FR
76044; and HM–215I, 71 FR 78595)
based on the corresponding biennial
updates of the UN Recommendations,
the IMDG Code, and the ICAO TI.
To maintain alignment of the HMR
with international requirements, in this
NPRM, we are proposing to incorporate
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changes based on the Fifteenth revised
edition of the UN Recommendations,
Amendment 34 to the IMDG Code, and
the 2009–2010 ICAO TI which become
effective January 1, 2009.
Federal law and policy strongly favor
the harmonization of domestic and
international standards for hazardous
materials transportation. The Federal
hazardous materials transportation law
(Federal hazmat law; 49 U.S.C. 5101 et
seq.) permits PHMSA to depart from
international standards in order to
promote safety or other overriding
public interest, but otherwise requires
PHMSA to align the HMR with
international transport standards and
requirements to the extent practicable
(see 49 U.S.C. 5120). Harmonization
facilitates international trade by
minimizing the costs and other burdens
of complying with multiple or
inconsistent safety requirements for
transportation of hazardous materials to
and from the United States and becomes
increasingly important as the volume of
hazardous materials transported in
international commerce grows. By
facilitating compliance, harmonization
also tends to enhance safety for
international movements, but only if the
international standards themselves
provide an appropriate level of safety.
To that end, PHMSA actively
participates in the development of
international standards for the
transportation of hazardous materials,
frequently advocating the adoption in
international standards of particular
HMR requirements. When considering
the adoption of international standards
under the HMR, 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.
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II. Transportation of Batteries and
Battery-Powered Equipment, Articles
and Devices
A. Current Regulatory Requirements
The most significant proposals in this
NPRM address the transportation of
batteries and battery-powered devices.
Currently batteries and battery-powered
devices are subject to a number of
requirements in the HMR. Most
importantly, the HMR restrict the
transportation of electrical devices,
including batteries and battery-powered
devices, that are likely to create sparks
or generate a dangerous amount of heat
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that could cause fire, smoke, or
otherwise adversely affect the packaging
material or means of conveyance. These
batteries and battery-powered devices
are forbidden from transportation unless
packaged in a manner that prevents
such an occurrence (§ 173.21(c)).
Additionally, the following types of
batteries are subject to packaging and
hazard communication requirements:
• Wet (electric storage) batteries
(§ 173.159);
• Batteries containing sodium
(§ 173.189);
• Lithium cells and batteries
(§ 173.185);
• Solid potassium hydroxide batteries
(§ 173.213); and
• Battery-powered vehicles and
equipment (§ 173.220).
These requirements primarily address
the hazards posed by the chemicals
contained in the batteries as opposed to
the stored electrical energy. For
instance, wet cell batteries are required
to be packaged in a manner to prevent
leakage of the corrosive battery fluid in
the event of an accident. The electrical
hazard of the battery is addressed
through general requirements to prevent
short-circuiting, and the general
prohibition on transporting such
devices without proper protection and
packaging (§ 173.21(c)). But the HMR
currently prescribes no separate or
unique classification for identifying
materials that present a hazard in
transport based on their stored electrical
energy. This proposed rule will address
the electrical hazards posed by batteries
and battery-powered devices by
enhancing packaging and hazard
communication requirements.
B. Accident/Incident History
A growing number of incidents
involving batteries and battery-powered
devices transported by aircraft (see
Section II.B) has highlighted the
transportation safety risks. Additionally,
several factors are contributing to a
heightened concern for the future
transport of these devices, with
particular attention to the risk onboard
aircraft, including: (1) The increasing
number of batteries and battery-powered
portable and handheld devices (e.g.,
laptops, cellular phones, etc.) carried by
airline passengers and otherwise
transported in commerce; (2) the
development and use of batteries with
extended operating life and greater
stored energy; and (3) the increasing
number of counterfeit batteries in
distribution and use. If not adequately
protected from damage, short circuiting
or, for devices containing batteries,
inadvertent activation, batteries and
battery-powered devices of all types can
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create or cause sparks or a dangerous
amount of heat for extended periods,
and in some cases, cause a fire. Cargo
fires are a significant hazard in all
modes of transportation and can have
particularly catastrophic results in air
transportation. If located aboard an
aircraft during flight, inadequately
protected batteries and battery-powered
devices can pose a significant threat to
the safety of people, property, and the
environment.
PHMSA and the Federal Aviation
Administration (FAA) are aware of more
than 90 incidents involving batteries or
battery-powered devices in air
transportation since 1996 that produced
smoke, fire or a dangerous amount of
heat. These incidents have occurred
either on board an aircraft in cargo,
checked, or carry-on baggage, or in
ground transport facilities associated
with air transportation. Many of these
incidents involved shipments of
batteries as cargo. The remainder
involved shipments of electrically
powered vehicles, equipment, or
apparatus containing batteries. Since
most batteries are excepted from the
incident reporting requirements in the
HMR, it is likely there have been
additional incidents in all modes of
transportation that were not reported.
One major injury and several minor
injuries were reported from these
incidents. In some cases, the property
damage and business interruption costs
resulting from the incidents were
significant. Most incidents occurred or
were discovered on the ground in air
transport facilities or vehicles. Three
incidents occurred in flight on
passenger and cargo planes, resulting in
emergency landings or flight plan
diversions.
C. Recent Actions To Enhance Battery
Safety
In response to these incidents,
PHMSA’s predecessor agency (the
Research and Special Programs
Administration) issued a public
advisory on July 7, 1999 (64 FR 36743),
reminding the transportation industry
and public that batteries and electric
devices that contain batteries are
forbidden for transport unless properly
packaged to prevent the creation of
sparks or generation of a dangerous
amount of heat (§ 173.21). The FAA
issued safety advisories to the airline
industry on July 2, 1999, and again on
May 23, 2002.
In response to a series of incidents
involving batteries carried by airline
passengers, PHMSA initiated a
campaign to educate the public about
ways to reduce the risks posed in the
transportation of batteries and battery-
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powered devices. The campaign
included establishing a dedicated Web
page for air travelers and developing a
battery safety guide that includes safety
measures and tips for the general public,
for distribution at airports, in retail
outlets, and through electronic media.
As part of our battery safety campaign,
we recommended various practical
measures for complying with the
regulations and reducing transportation
risks. Recommended practices include
keeping batteries installed in electronic
devices; packing spare batteries
individually in carry-on baggage;
keeping spare batteries in their original
retail packaging; separating batteries
from other metallic objects, such as
keys, coins and jewelry; securely
packing battery-powered devices in a
manner to prevent accidental activation;
and ensuring batteries are undamaged
and purchased from reputable sources.
On March 26, 2007, PHMSA issued a
safety advisory notice (72 FR 14167) to
further inform the traveling public and
airline employees about the importance
of properly packing and handling
batteries and battery-powered devices
when they are carried on board an
aircraft.
We have also initiated a
comprehensive strategy aimed at
reducing the risks posed by batteries
and battery-powered devices in
transportation. On February 22, 2007;
April 26, 2007; May 24–25, 2007; and
April 11, 2008, PHMSA hosted meetings
with public and private sector
stakeholders who share our concern for
the safe transportation of batteries and
battery-powered devices. The meetings
provided an opportunity for
representatives of the National
Transportation Safety Board (NTSB), the
Consumer Product Safety Commission,
manufacturers of batteries and batterypowered devices, airlines, airline
employee organizations, testing
laboratories, and the emergency
response and law enforcement
communities to share and disseminate
information about battery-related risks
and developments. Understanding these
risks is essential to promote
improvements in industry standards
and best practices. Together we
identified a series of immediate and
longer-term actions that participants are
taking or will take to enhance safety,
including:
• Comprehensive reporting and
investigation of battery-related
incidents;
• Improved battery, consumer
product, and software design;
• Development and implementation
of a technical standards agenda;
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• Consideration and implementation
of improved regulatory standards;
• Focused enforcement; and
• Development and implementation
of a public outreach and education
campaign.
The new requirements proposed in
this NPRM are an important element of
the safety strategy, designed to address
specific battery-related hazards not
adequately addressed by existing HMR
requirements.
D. Proposals To Enhance the Safe
Transportation of Batteries
In this NPRM, we propose the
following provisions to enhance the safe
transportation of batteries and batterypowered devices:
• Require reporting of incidents
involving batteries and battery-powered
devices (devices include equipment) or
vehicles.
• Clarify the requirement that
batteries, and battery-powered devices
and vehicles, be offered for
transportation and transported in a
manner that prevents short-circuiting,
dangerous evolution of heat, damage to
terminals, and, in the case of
transportation by aircraft, unintentional
activation.
• Require a certification on the
shipping documentation that batteries
and battery-powered devices have met
the conditions and all requirements for
transport as specified in the applicable
exception or special provision.
• Eliminate the requirement to
disconnect the terminals when a
battery-powered wheelchair or mobility
aid is transported as checked baggage,
provided the wheelchair or mobility aid
design provides an effective means of
preventing unintentional activation.
The measures proposed in this rule
will harmonize the HMR with
international standards applicable to the
transportation of batteries and batterypowered devices. More importantly,
these measures will provide data and
information to develop an
understanding of the root causes of
battery incidents in transportation and
reduce the associated risks.
1. Prevention of Short Circuits,
Dangerous Evolution of Heat, Sparks,
Unintentional Activation, or Damage to
Terminals
In this NPRM, we are proposing a
number of revisions to clarify that
batteries of all types and batterypowered devices, equipment, and
vehicles must be packaged for
transportation in a manner that prevents
short-circuiting, damage to terminals,
dangerous evolution of heat, and, for
transportation by aircraft, unintentional
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activation. We are also proposing
several examples of packaging methods
that may meet this performance
standard, including packaging each
battery or each battery-powered device
in fully enclosed inner packagings made
of non-conductive material, and
separating batteries and battery-powered
devices in a manner to prevent contact
with other batteries, devices or
conductive materials (e.g., metal) in the
packagings. Batteries designed with
exposed terminals or connectors should
have the exposed terminals or
connectors individually protected with
non-conductive caps. We propose to
include language in §§ 171.15, 171.16,
173.21, 173.159, 173.220, and 175.10 to
further clarify these requirements.
2. Incident Reporting
Since most batteries are currently
excepted from the incident reporting
requirements in the HMR, it is likely
that numerous incidents involving
batteries and battery-powered devices in
all modes of transportation that have
gone un-reported. This under-reporting
has made it difficult to assess the full
extent of incidents in transportation and
their causes. Therefore, in this NPRM,
we propose to require the reporting in
accordance with §§ 171.15 and 171.16 of
the HMR of all incidents involving
shipments of batteries or batterypowered devices involving fire, violent
rupture, explosion, or a dangerous
evolution of heat. The proposed
reporting requirement applies to all
battery shipments, including batteries
that are prepared and offered as
excepted from HMR requirements. The
proposed incident reporting
requirement is consistent with incident
reporting provisions recently adopted
by ICAO. (See §§ 171.15 and 171.16.)
3. Batteries Installed in Equipment
The HMR include a number of
provisions applicable to batteries
installed in vehicles, machinery, or
other types of equipment. Section
173.220 sets forth transportation
requirements for internal combustion
engines, self-propelled vehicles,
mechanical equipment containing
internal combustion engines, and
battery powered vehicles or equipment.
Generally, this section excepts batterypowered vehicles, machinery, and
equipment from the HMR, provided
they meet certain minimal
requirements. We are aware of several
incidents resulting in a dangerous
evolution of heat initiated by batteries of
this design which have been
inadequately protected. In this NPRM,
we propose to require battery-powered
vehicles, machinery, and equipment,
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including battery-powered wheelchairs
and mobility aids, to conform to the
new requirements being proposed in
§ 173.159, including requirements for
protecting terminals and preventing
short-circuiting and unintentional
activation. In addition, we propose to
clarify that battery-powered vehicles,
machinery, and equipment are
forbidden to be transported unless
packaged in a manner preventing the
creation of sparks, a dangerous amount
of heat and, in air transportation,
unintentional activation.
Section 175.10 sets forth exceptions
for passengers, crewmembers, and air
operators. Currently, the HMR permit a
wheelchair or other battery-powered
mobility device to be carried on board
a passenger aircraft as checked baggage
provided that (1) visual inspection,
including removal of the battery if
necessary, reveals no obvious defects;
(2) the battery is disconnected and
terminals are insulated to prevent shortcircuiting; and (3) the battery is securely
attached to the wheelchair or mobility
device or removed and separately
packaged. We are concerned, however,
that repeated handling of the battery in
a wheelchair or other mobility device
could result in damage or other
problems that could compromise safety.
Moreover, the design for batteries and
their housing has significantly improved
in recent years. Therefore, in this
NPRM, we propose to revise paragraph
§ 175.10(a)(15) to eliminate the current
requirement to disconnect the terminals
when a battery-powered wheelchair or
other mobility device is transported as
checked baggage provided the device
provides an effective means of
preventing unintentional activation.
Battery terminals must continue to be
protected from short-circuiting, but such
protection is inherent in the design of
most wheelchairs and mobility devices.
This proposal will enhance safety while
providing improved accommodation for
passengers traveling with wheelchairs
or mobility devices and is consistent
with corresponding provisions in the
ICAO TI.
4. Non-Spillable Batteries
Section 173.159 sets forth
requirements for the transportation of
wet batteries, including non-spillable
batteries. As currently provided in
§ 173.159(d), non-spillable batteries are
excepted from the HMR provided
certain conditions are met. Unless all of
the conditions specified in § 173.159(d)
are met, the non-spillable battery is fully
subject to the HMR as a wet electric
storage battery. International regulations
outline the conditions in which a
battery can be considered non-spillable
and provide packaging requirements
specific to non-spillable batteries. Nonspillable batteries meeting additional
requirements are excepted from all other
requirements of the HMR. In this NPRM,
we are proposing to describe in
§ 173.159(f) the conditions in which a
battery can be considered non-spillable
and relocate the exceptions pertaining
to non-spillable batteries to a new
§ 173.159a. Consistent with
international requirements, we are
proposing to specify that batteries can
be considered ‘‘non-spillable,’’ provided
they are capable of passing a vibration
test and a pressure differential test
without leakage. We are also proposing
to require non-spillable batteries to be
packaged in strong outer packaging and
securely fastened in the battery holder
or the equipment when the battery is an
integral part of the operation of
mechanical or electronic equipment. In
addition, we propose to specify that
except for the incident reporting
requirements of §§ 171.15 and 171.16,
non-spillable batteries are not subject to
the requirements of the HMR if they
meet the following additional
conditions:
• At a temperature of 55 °C (131 °F),
the battery does not contain any
unabsorbed free-flowing liquid, and
must be designed so that electrolyte will
not flow from a ruptured or cracked
case;
• The battery must be protected
against short-circuiting and securely
packaged in strong outer packaging;
• The battery must be marked
‘‘NONSPILLABLE’’ or
‘‘NONSPILLABLE BATTERY’’; and
• For transportation by aircraft;
• They must meet the provisions of
§ 173.159(b); and
• Indicate that all conditions for
transport as specified in the applicable
exception or special provision have
been met with the words, ‘‘not
restricted’’ on the airway bill. This
indication will allow freight forwarders
and operators to verify that the
consignor is aware of, and has complied
with, the applicable regulatory
requirements.
5. Conforming Amendments
We propose a number of conforming
amendments in this NPRM to ensure
that batteries are transported in
accordance with the proposed
requirements in § 173.159. For example,
§ 173.21(c) currently prohibits the
transportation of electrical devices
unless packaged to prevent the creation
of sparks or generation of a dangerous
amount of heat. In this NPRM, we
propose to revise this paragraph to
clarify that the term ‘‘electrical devices’’
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includes ‘‘batteries’’ and ‘‘batterypowered devices.’’ We also propose to
revise Special provision 130 to specify
that ‘‘Batteries, dry, sealed, n.o.s.’’ are
not subject to the requirements of the
HMR except those pertaining to incident
reporting, short circuit protection,
damage to terminals, prevention of a
dangerous amount of heat, damage to
terminals, and when transported by
aircraft, unintentional activation and an
indication on the air waybill that all
conditions for transport have been met
(Special provision 130).
In addition, we are proposing to
amend certain entries in the Hazardous
Materials Table (HMT) in § 172.101.
Currently, under the HMR, dry batteries
are not subject to incident reporting or
measures to prevent unintentional
activation until a dangerous amount of
heat has developed. As indicated above,
in this NPRM, we propose to extend the
requirements for incident reporting and
enhanced packaging to cover all
batteries and battery-powered devices.
Thus, we propose to remove the entry
‘‘Batteries, dry, not subject to the
requirements of this subchapter’’ in
favor of a new entry, ‘’’Batteries, dry,
sealed, n.o.s.’’
Note that shippers must distinguish
between the proper shipping name
‘‘Batteries, dry, sealed, n.o.s.,’’ and the
existing proper shipping name
‘‘Batteries, wet, non-spillable, electric
storage.’’ Batteries described as
‘‘Batteries, wet, non-spillable, electric
storage’’ have metallic lead and lead
oxide electrodes and sulfuric acid
electrolytes just like regular ‘‘wet’’
batteries, but the acid is either gelled up
with silica or absorbed in a mat of
micro-glass fibers. These batteries are
not truly ‘‘sealed’’ (non-spillable) but
are ‘‘valve regulated’’ (they are
technically termed ‘‘valve-regulated
lead-acid’’ or ‘‘VRLA’’). The resealable
valves prevent the entrance of oxygen
from the outside air, but release excess
hydrogen and oxygen formed during
overcharging. These types of batteries
are generally used for 12-volt vehicular
starting applications and
uninterruptible power supply
applications.
Batteries described under the
proposed new proper shipping name
‘‘Batteries, dry, sealed, n.o.s’’ are
hermetically ‘‘sealed’’ and generally
utilize other metals and/or carbon as
electrodes. These batteries are typically
used for portable power applications.
The rechargeable (and some
nonrechargeable) types have gelled
alkaline electrolytes (rather than acidic)
making it difficult for them to generate
hydrogen or oxygen when overcharged.
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The entry ‘‘Batteries, dry, containing
potassium hydroxide solid, electric
storage’’ would be revised by adding to
column (7) a reference to proposed new
Special provision ‘‘237.’’ The new
special provision would specify that, for
transportation by aircraft, ‘‘Batteries,
dry, containing potassium hydroxide
solid, electric storage’’ must be prepared
and packaged in accordance with the
requirements of § 173.159(a), and for
transportation by aircraft,
§ 173.159(b)(2). The entry ‘‘Batteries,
wet, non-spillable, electric storage’’
would be revised by adding to column
(8A), a reference to proposed new
§ 173.159a.
Section 173.189 sets forth
transportation requirements for batteries
containing sodium or cells containing
sodium. In this NPRM, we propose to
revise paragraph (e) to specify that
vehicles, machinery and equipment
powered by sodium batteries must be
consigned under the entry ‘‘Batterypowered vehicle or Battery-powered
equipment.’’
Section 176.84 contains additional
stowage and segregation requirements
for hazardous materials on cargo and
passenger vessels. In this NPRM, in
order to fully align the HMR with the
IMDG Code, a new vessel stowage code
‘‘146’’ is added to the § 176.84(b) table
to specify that, ‘‘Category B stowage
applies for unit loads in open cargo
transport units.’’ The new vessel
stowage code ‘‘146’’ is assigned to
‘‘Batteries, wet, filled with acid, electric
storage,’’ UN2794 and ‘‘Batteries, wet,
filled with alkali, electric storage,’’
UN2795 in column (10B) of the HMT.
jlentini on PROD1PC65 with PROPOSALS2
6. Lithium Batteries
Except for incident reporting
requirements, this NPRM does not
propose any amendments pertaining to
the transportation of lithium batteries.
PHMSA is working to evaluate and
reduce lithium battery risks through
targeted enforcement; inspections and
testing, including root cause
investigation of all incidents; public
outreach; and other non-regulatory
initiatives.
As we identify other opportunities for
safety improvement, further rulemaking
may be necessary. Before developing
additional rulemaking proposals,
PHMSA plans to complete an
assessment of the costs and benefits of
further restrictions and available
alternatives. In the meantime, we will
continue to monitor and evaluate the
safety performance of lithium batteries
in transportation, identify and target
counterfeit and other non-conforming
batteries, and encourage the
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development and introduction of safer
battery designs.
III. Additional Harmonization
Proposals in This NPRM
In addition to the battery proposals
detailed above, in this NPRM, we are
proposing the following amendments to
harmonize the HMR with the most
recent revisions to the UN
Recommendations, ICAO TI, and IMDG
Code:
• Hazardous Materials Table (HMT):
Amendments to the 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.
• Fuel Cells: Amendments to the
HMT to add four new proper shipping
names to describe the range of fuel used
in fuel cell cartridges: (1) Corrosive
substances (UN3477); (2) liquefied
flammable gas (UN3478); (3) hydrogen
in metal hydride (UN3479); and (4)
water-reactive substances (UN3476). In
addition, we are proposing amendments
to expand the types of fuel cell
cartridges permitted in carry-on baggage
to include water-reactive substances and
hydrogen in a metal hydride.
Amendments to § 173.230 provide
packaging requirements for fuel cells
and, except for transportation by
aircraft, limited quantity exceptions for
the various types of fuel cell cartridges
specified above.
• Small Quantity Exceptions:
Amendments maintaining current
allowances for small quantities of
Division 2.2, Class 3, Division 4.1,
Division 4.2 (PG II and III), Division 4.3
(PG II and III), Division 5.1, Division
5.2, Division 6.1, Class 7, Class 8, and
Class 9 materials transported by
highway and rail and adopting the UN
and ICAO excepted quantity provisions
for transportation by aircraft or vessel.
• Incident Reporting: Amendments to
provisions that except certain hazardous
materials or commodities from the
requirements of the HMR, including
incident reporting requirements. The
HMR contain overriding provisions in
§§ 171.15 and 171.16 requiring notice of
specific types of incidents to the
National Response Center (NRC) and
submission of a Hazardous Materials
Incident Report, DOT Form F 5800.1,
when in possession of a hazardous
material at the time of an incident. We
would amend several provisions to
emphasize the need to provide notice to
the NRC and to address the need to
obtain more accurate and complete data
on incidents. The NRC relies on notices
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to gather and distribute spill data to
emergency responders, and the DOT
hazardous materials transportation
safety program relies on DOT Form F
5800.1 to gather basic information on
incidents that occur during
transportation.
• Organic Peroxide Tables:
Amendments to the Organic Peroxide
Tables to add, revise, or remove certain
hazardous materials and provisions.
• Incorporation by Reference:
Amendments to incorporate by
reference the updated ICAO TI, IMDG
Code, and UN Recommendations.
• Hazard Communication on Air
waybills: Amendments to require the
consignor to indicate on the ‘‘air
waybill’’ that certain hazardous
materials or articles have met the
conditions for transport as specified in
the applicable exception or special
provision.
• Petitions for Rulemaking: We are
addressing several petitions for
rulemaking: P–1490, requesting PHMSA
to remove the requirement that the type
of package must be included on the
notification of pilot-in-command; P–
1494, requesting PHMSA to specify that
pictograms described in the UN GHS are
not prohibited under the HMR; P–1505,
requesting PHMSA to include a new
proper shipping name ‘‘Powder,
smokeless,’’ UN0509, to the § 172.101
HMT and to include the new entry
among the explosives assigned
Packaging Instruction 114(b) in § 173.62;
and P–1516, requesting PHMSA to
allow the marine pollutant list to remain
the basis in domestic transportation for
regulating substances hazardous to the
environment while permitting
substances meeting the new IMDG Code
criteria to be transported as substances
hazardous to the environment. We are
also addressing petitions P–1517 and P–
1518, requesting PHMSA to align
provisions for the transport of fuel cell
systems and cartridges in the HMR with
international standards.
• Requirements for Marine Pollutants:
Recently, the classification criteria for
marine pollutants in the IMDG Code
were amended for consistency with the
aquatic toxicity criteria adopted within
the GHS. The HMR currently allow
materials meeting the criteria of a
marine pollutant under the prior IMDG
Code criteria to be classified as such for
domestic or international transportation
(see paragraph 4 of the introduction to
Appendix B of 172.101). The new
classification system adopted into the
IMDG Code is complicated, and the
associated criteria for classifying
mixtures containing marine pollutants
would involve an additional layer of
complexity without a corresponding
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jlentini on PROD1PC65 with PROPOSALS2
public benefit; therefore, we are not
proposing to adopt the new IMDG Code
environmental classification system. In
this rulemaking, we are proposing to
maintain the current regulatory
approach to facilitate transportation
without mandating use of the new GHSbased criteria. We also propose to adopt
a new marking for marine pollutants
consistent with the marking adopted
within the IMDG Code. These actions
will provide the greatest possible
harmonization with international
requirements without imposing an
undue burden on industry. This
proposal is also consistent with a
Petition for Rulemaking (P–1516) filed
by the Dangerous Goods Advisory
Council (DGAC). DGAC requested that
for domestic transportation the marine
pollutant list be maintained as the basis
for regulating substances hazardous to
the environment while permitting a
substance meeting the new IMDG Code
criteria to be transported as a substance
hazardous to the aquatic environment.
DGAC also recommended that the
current 10% rule for classifying
mixtures containing marine pollutants
be used while allowing compliance with
the mixture calculation in the IMDG
Code. Though we have not proposed to
implement a 10% rule for marine
pollutants irrespective of whether they
are identified as a severe marine
pollutant, we request comments on that
recommendation. In particular, we are
interested in the environmental impacts
of such a change and its effect on
human health and the environment. We
invite comments on the practical
consequences of the differing
approaches, for instance, in the event of
release of such substances into aquatic
resources and drinking water.
IV. Amendments Not Being Considered
for Adoption in This NPRM
This NPRM proposes changes to the
HMR based on amendments to the
Fifteenth revised edition of the UN
Recommendations, Amendment 34 to
the IMDG Code, and the 2009–2010
ICAO TI, which become effective
January 1, 2009. However, we are not
proposing to adopt all of the
amendments to those documents into
the HMR. In many cases, amendments
to the international recommendations
and 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. 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
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changes in a final rule is limited by
requirements of the Administrative
Procedure Act (5 U.S.C. 553). 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:
• Requirements for Hazardous
Materials Security. The UN and ICAO
have adopted minimal requirements
pertaining to hazardous materials
security. On March 25, 2003, we
published a final rule to enhance the
security of hazardous materials
transported in commerce (68 FR 14510).
In the final rule, shippers and carriers
of certain highly hazardous materials
are required to develop and implement
security plans. In addition, all shippers
and carriers of hazardous materials are
required to include a security
component. The security plan
requirements apply to shipments of
hazardous materials that must be
placarded and to select agents. In a
separate rulemaking, we are considering
revising the list of materials for which
security plans are required to ensure
that the requirements apply only to
those materials that pose a true security
risk in transportation. See the advance
notice of proposed rulemaking
(ANPRM) published on September 21,
2006 (71 FR 55156).
• 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 (radioactive) materials are based on
changes contained in the International
Atomic Energy Agency (IAEA)
publication, ‘‘IAEA Safety Standards:
Regulations for the Safe Transport of
Radioactive Materials.’’ Due to their
complexity, these changes are being
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44809
addressed in a separate rulemaking
under Docket HM–250.
• Requirements for Infectious
Substances. The UN and ICAO have
adopted minimal standards applicable
to the transportation of human remains
and animal carcasses as to which there
is minimal likelihood that pathogens are
present. For purposes of the HMR, such
specimens are not considered
hazardous, and their transportation is
not subject to the HMR. These
specimens are currently regulated by the
Food and Drug Administration of the
U.S. Department of Health and Human
Services, the U.S. Department of
Agriculture and subject to State and
local authorities. Therefore, we are not
proposing to incorporate the new
international provisions into the HMR.
• Requirement for Definition of
‘‘Target’’ for Use During Packaging
Testing. Amendments to the HMR
pertaining to the definition of a ‘‘target’’
for a drop test performed on non-bulk
packagings are not being proposed in
this rulemaking. The UN
Recommendations amended the
description to specify that the surface of
a target must be immovable, free of
defects, rigid, and large enough to
ensure that the test package falls
entirely upon the surface. We believe
the current provisions in the HMR
pertaining to the drop test method for
non-bulk packagings adequately address
this issue.
• Requirement for Vibration Test for
All Intermediate Bulk Containers (IBCs).
Amendments to the HMR pertaining to
the test method and duration of a
vibration test for IBCs are not being
proposed in this rulemaking. PHMSA
successfully helped to introduce to the
UN Recommendations a vibration test
requirement for IBCs that would both
enhance safety and help to establish a
more equivalent testing protocol for
manufacturers of IBCs worldwide.
However, the vibration test adopted by
the UN may be conducted as a ‘‘standalone’’ design-type test on an otherwise
untested IBC. In contrast, the vibration
test originally introduced by PHMSA
would require the vibration test to be
conducted in sequence with other
required tests. We believe this method
provides a higher degree of safety, and
therefore, are not proposing to amend
the vibration test requirements currently
in the HMR.
• Requirement for Bromine (UN1744).
In the Fifteenth edition of the UN
Recommendations, a packing
instruction and a special packing
provision for ‘‘Bromine,’’ UN1744 were
consolidated into a new packing
instruction specifically for Bromine.
After reviewing this new packing
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instruction, we believe the current
provisions in the HMR pertaining to the
packaging of Bromine are adequate.
• Exceptions to Packaging for Paint
and Paint-Related Material.
Amendments authorizing certain
exceptions from performance testing of
packagings containing paint and certain
paint-related materials are not being
proposed in this rulemaking. Currently,
both the UN Recommendations and the
HMR contain certain packaging
exceptions for specific adhesives,
printing inks, printing ink related
materials, paint, paint-related materials
and resin solutions (see UN Packing
Instruction P001, Special Packing
Provision PP1 and 49 CFR
173.173(b)(2)). The Fifteenth revised
edition of the UN Recommendations
expands the exceptions to also include
such materials when classified as
environmentally hazardous substances.
We are currently reviewing the incident
data related to these exceptions, and
may consider this issue for a future
rulemaking.
• Requirements for Lithium Batteries.
Amendments to the HMR pertaining to
lithium batteries based on the Fifteenth
revised edition of the UN
Recommendations are not being
proposed in this rulemaking. We are
reviewing these requirements and may
consider them for a future rulemaking.
• Requirements for Additional
Signage. Amendments to the HMR
pertaining to additional signage in
airports are not being proposed in this
rulemaking. We are reviewing these
amendments, including the related cost
impacts, and may consider them for a
future rulemaking. We request
comments to provide information and
suggestions that we can use during a
future review.
V. Section-by-Section Review
Following is a section-by-section
review of the amendments proposed in
this NPRM. Note that this section-bysection review excludes the proposals
applicable to the transportation of
batteries and battery-powered devices,
which are detailed in Section II of this
Notice. We request comments providing
information and suggestions that we can
use during the review of these
proposals.
jlentini on PROD1PC65 with PROPOSALS2
Part 171
Section 171.7
The ‘‘National Technology Transfer
and Advancement Act of 1996’’ directs
agencies to use voluntary consensus
standards. According to the Office of
Management and Budget (OMB),
Circular A–119, ‘‘Federal Participation
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in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
government agencies must use
voluntary consensus standards
wherever practical in the development
of regulations. Agency adoption of
industry standards promotes
productivity and efficiency in
government and industry, expands
opportunities for international trade,
conserves resources, improves health
and safety, and protects the
environment.
To these ends, PHMSA actively
participates in the development and
updating of consensus standards
through representation on more than 20
consensus standards bodies. PHMSA
regularly reviews updated consensus
standards and considers their merit for
inclusion in the HMR.
Section 171.7 lists all standards
incorporated by reference into the HMR.
For this rulemaking, we evaluated
updated international consensus
standards pertaining to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements and determined that the
revised standards provide an enhanced
level of safety without imposing
significant compliance burdens. These
standards have a well-established and
documented safety history; their
adoption will maintain the high safety
standard currently achieved under the
HMR. Therefore, we propose to update
the incorporation by reference materials
for the ICAO TI, the IMDG Code, and
the UN Recommendations. The updated
editions of these standards become
effective January 1, 2009.
We propose to revise the following
standards:
• The Technical Instructions for the
Safe Transport of Dangerous Goods by
Air, 2007–2008 Edition.
• International Convention for the
Safety of Life at Sea (SOLAS)
Amendments 2000, Chapter II–2,
Regulation 19, 2001.
• The International Maritime
Organization’s International Maritime
Dangerous Goods Code, 2006 Edition,
Incorporating Amendment 33–06,
English Edition, Volumes 1 and 2.
• The UN Recommendations on the
Transport of Dangerous Goods,
Fourteenth revised edition (2005),
Volumes I and II.
Section 171.14
This section lists specific transition
periods for certain provisions adopted
into the HMR. Paragraph (d) of this
section specifies transition provisions
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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 amendments proposed in this
NPRM. We are proposing an effective
date of January 1, 2009, and a
mandatory compliance date of January
1, 2010. We propose to permit voluntary
compliance as of January 1, 2009, to
correspond with the effective
implementation dates of the 2009–2010
ICAO TI and Amendment 34 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, 2009.
Section 171.25
Section 171.25 specifies additional
requirements for the use of the IMDG
Code when a hazardous material is
offered for transportation to, from, or
within the United States by vessel, and
by motor carrier and rail, provided all
or part of the movement is by vessel.
Recently, an incident occurred in which
a portable tank containing ‘‘Argon,
refrigerated liquid (cryogenic liquid),’’
UN1951, stowed below the deck of a
vessel released its contents, resulting in
the asphyxiation deaths of three
individuals who entered the confined
cargo space where the portable tank was
stowed. The HMR currently prohibit the
stowage of such materials below deck
(§ 176.76(g)) because of the potential
hazard of asphyxiation when large
volumes of refrigerated liquefied gases
are released below the deck of a vessel
in confined spaces. However, the IMDG
Code does not prohibit the stowage of
tanks below deck in all cases. Some
refrigerated liquefied gases, including
argon, are assigned to stowage ‘‘Category
B’’ in column (16) of the dangerous
goods list of the IMDG Code. Therefore,
in this NPRM, we propose to revise
§ 171.25 to specify that portable tanks,
cargo tanks, and tank cars containing
cryogenic liquids must be ‘‘on deck’’
regardless of the stowage authorized in
the IMDG Code.
Part 172
Section 172.101 Hazardous Materials
Table (HMT)
Section 172.101 contains the HMT
and explanations for each of its
columns. We propose to make various
amendments to the HMT. Readers
should review all changes for a
complete understanding of the proposed
amendments. For purposes of the
Government Printing Office’s
typesetting procedures, proposed
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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.’’
Proposed amendments to the HMT for
the purpose of harmonizing with
international standards include, but are
not limited to, the following:
In the final rule for Docket HM–215G
(69 FR 76044; December 20, 2004), we
added new generic entries for
Organometallic substances consistent
with descriptions added to the UN
Recommendations. In the final rule, we
allowed the continued use of certain
specific Organometallic entries;
however, we anticipated removing the
specific Organometallic entries from the
HMT by January 1, 2007. The entries
were to be removed because they were
superseded by more appropriate generic
entries. However, the entries intended
to be removed currently remain in the
HMT. Therefore, we are proposing to
remove the following Organometallic
entries for consistency with the intent of
HM–215G:
UN3052
UN3461
UN3076
UN3051
UN1366
UN1370
UN2445
UN3433
UN3053
UN2005
Aluminum alkyl halides, liquid
Aluminum alkyl halides, solid
Aluminum alkyl hydrides
Aluminum alkyls
Diethylzinc
Dimethylzinc
Lithium alkyls, liquid
Lithium alkyls, solid
Magnesium alkyls
Magnesium diphenyl
jlentini on PROD1PC65 with PROPOSALS2
Special provision ‘‘TP12’’ states:
‘‘This material is considered highly
corrosive to steel.’’ The phrase ‘‘highly
corrosive to steel’’ is not defined by any
specific criteria. Further, ‘‘TP12,’’ unlike
other TP codes, is simply a statement
and does not apply any regulatory
requirement. It is unclear if all highly
corrosive materials are assigned Special
provision ‘‘TP12,’’ or if this statement
provides any useful guidance for
selecting an appropriate portable tank.
Therefore, we are proposing to revise
the following entries by removing
Special provision ‘‘TP12’’:
UN1716 Acetyl bromide
UN1717 Acetyl chloride
UN2584 Alkyl sulfonic acids, liquid or Aryl
sulfonic acids, liquid with more than 5
percent free sulfuric acid
UN2571 Alkyl sulfuric acids
UN2817 Ammonium hydrogendifluoride,
solution, PG II and III
UN2796 Battery fluid, acid
UN1736 Benzoyl chloride
UN1737 Benzyl bromide
UN1738 Benzyl chloride
UN1738 Benzyl chloride unstabilized
UN1739 Benzyl chloroformate
UN2692 Boron tribromide
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UN1742 Boron trifluoride acetic acid
complex, liquid
UN1743 Boron trifluoride propionic acid
complex, liquid
UN1744 Bromine
UN1744 Bromine solutions
UN1745 Bromine pentafluoride
UN1746 Bromine trifluoride
UN2513 Bromoacetyl bromide
NA2742 sec-Butyl chloroformate
UN2353 Butyryl chloride
NA9263 Chloropivaloyl chloride
UN1754 Chlorosulfonic acid with or
without sulfur trioxide
UN1755 Chromic acid solution, PG II and
PG III
UN1758 Chromium oxychloride
UN2240 Chromosulfuric acid
NA9264 3,5-Dichloro-2,4,6trifluoropyridine
UN1764 Dichloroacetic acid
UN1768 Difluorophosphoric acid,
anhydrous
NA2845 Ethyl phosphonous dichloride,
anhydrous [pyrophoric liquid]
NA2927 Ethyl phosphonothioic dichloride,
anhydrous or Ethyl phosphorodichloridate
UN1776 Fluorophosphoric acid anhydrous
UN1778 Fluorosilicic acid
UN1777 Fluorosulfonic acid
UN1782 Hexafluorophosphoric acid
UN1789 Hydrochloric acid PG II and PG III
UN1786 Hydrofluoric acid and Sulfuric
acid mixtures
UN1790 Hydrofluoric acid, with more than
60 percent strength
UN1790 Hydrofluoric acid, with not more
than 60 percent strength
NA2742 Isobutyl chloroformate
UN3246 Methanesulfonyl chloride
NA9206 Methyl phosphonic dichloride
NA2845 Methyl phosphonous dichloride,
pyrophoric liquid
NA1556 Methyldichloroarsine
UN1826 Nitrating acid mixtures, spent with
more than 50 percent nitric acid
UN1826 Nitrating acid mixtures, spent with
not more than 50 percent nitric acid
UN1796 Nitrating acid mixtures with more
than 50 percent nitric acid
UN1796 Nitrating acid mixtures with not
more than 50 percent nitric acid
UN2031 Nitric acid other than red fuming,
with more than 70 percent nitric acid
UN2031 Nitric acid other than red fuming,
with not more than 20 percent nitric acid
UN2031 Nitric acid other than red fuming,
with not more than 70 percent nitric acid
UN2032 Nitric acid, red fuming
UN1798 Nitrohydrochloric acid
UN2308 Nitrosylsulfuric acid, liquid
UN1873 Perchloric acid with more than 50
percent but not more than 72 percent acid,
by mass
UN1817 Pyrosulfuryl chloride
UN2879 Selenium oxychloride
UN1906 Sludge, acid
UN1828 Sulfur chlorides
UN1829 Sulfur trioxide, stabilized
UN1831 Sulfuric acid, fuming with less
than 30 percent free sulfur trioxide
UN1831 Sulfuric acid, fuming with 30
percent or more free sulfur trioxide
UN1832 Sulfuric acid, spent
UN1830 Sulfuric acid with more than 51
percent acid
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UN2796 Sulfuric acid with not more than
51 percent acid
UN1834 Sulfuryl chloride
UN1836 Thionyl chloride
UN2699 Trifluoroacetic acid
NA9269 Trimethoxysilane
We propose to add a new non-bulk
packaging section (§ 173.206) for the
transportation of certain flammable,
corrosive and toxic materials,
specifically, chlorosilanes that have
water-reactive properties. For a detailed
summary of the rationale, see the
preamble discussion for § 173.206. The
following entries would be revised in
Column (8B) by replacing the current
non-bulk packaging provision with
‘‘206’’:
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable,
corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive,
flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive,
n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
For consistency in the assignment of
Special provision ‘‘TP13’’ (which
requires provision of self-contained
breathing apparatus when transported
by vessel) to all chlorosilanes, the
following entries would be revised in
Column (7) by adding Special provision
‘‘TP13’’:
UN2987
UN1781
UN1804
UN1818
Chlorosilanes, corrosive, n.o.s
Hexadecyltrichlorosilane
Phenyltrichlorosilane
Silicon tetrachloride
We consider Special provision ‘‘TP7’’
essential for the safe transport of
chlorosilanes. This special provision
requires the vapor space to be purged of
air by nitrogen or other means.
However, there is no consistent
assignment of ‘‘TP7’’ to chlorosilanes.
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For enhanced safety and consistency
with international regulations, the
following entries would be revised in
Column (7) by adding Special provision
‘‘TP7’’:
UN3362 Chlorosilanes, toxic, corrosive,
flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive,
n.o.s.
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Chlorosilanes of Class 3 and Class 8
are currently authorized for transport in
metal IBCs under Special provisions
‘‘IB1’’ and ‘‘IB2.’’ Because metal IBCs
have lift-up lids with clamp screws, we
are concerned that the overturn of a
metal IBC during an accident may lead
to an opening of a lift-up lid and result
in a release of chlorosilanes from these
packagings. To address these concerns,
we are proposing to prohibit the use of
metal IBCs by removing the respective
‘‘IB1’’ or ‘‘IB2’’ provisions from the
following entries. We are also proposing
to add Special provision ‘‘TP7’’ to
require the vapor space to be purged of
air, as discussed above:
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable,
corrosive, n.o.s.
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Bottom discharge openings are
currently allowed on portable tanks
used for the transport of most
chlorosilanes. For example, some
chlorosilane entries are assigned Special
provision ‘‘T7,’’ which provides for
bottom opening requirements. As part of
a voluntary initiative to enhance safety,
portions of the regulated community
have begun to use only portable tanks
without bottom discharge connections.
To further enhance safety and to
prohibit the use of portable tanks with
bottom discharge openings, we are
proposing to revise the following entries
by replacing Special provision ‘‘T7’’
with ‘‘T10.’’ Special provision ‘‘T10’’
prohibits the use of bottom discharge
openings. We are also proposing to
delete the respective IBC special
provisions (as indicated below) to
prohibit the use of metal IBCs and add
Special provision ‘‘TP7’’ to require the
vapor space to be purged of air, as
discussed above:
UN1724
UN1728
UN1747
UN1753
UN1762
UN1763
UN2434
UN1766
UN1767
UN1162
UN1769
Allyltrichlorosilane, stabilized
Amyltrichlorosilane
Butyltrichlorosilane
Chlorophenyltrichlorosilane
Cyclohexenyltrichlorosilane
Cyclohexyltrichlorosilane
Dibenzyldichlorosilane
Dichlorophenyltrichlorosilane
Diethyldichlorosilane
Dimethyldichlorosilane
Diphenyldichlorosilane
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UN1771
UN2435
UN1196
UN1781
UN1784
UN2437
UN1799
UN1800
UN1801
UN1804
UN1816
UN1298
Dodecyltrichlorosilane
Ethylphenyldichlorosilane
Ethyltrichlorosilane
Hexadecyltrichlorosilane
Hexyltrichlorosilane
Methylphenyldichlorosilane
Nonyltrichlorosilane
Octadecyltrichlorosilane
Octyltrichlorosilane
Phenyltrichlorosilane
Propyltrichlorosilane
Trimethylchlorosilane
As a safety measure for the transport
of most chlorosilanes, we are proposing
to apply Special provision ‘‘T10,’’ to
prohibit bottom discharge openings on
portable tanks used to transport
chlorosilanes. However, for
chlorosilanes meeting the criteria of
Division 4.3 and for ‘‘n.o.s.’’ entries
meeting the criteria for Classes 3, 8 and
Division 6.1 that have been assigned
‘‘T10,’’ we are considering the general
assignment of Special provision ‘‘T14’’
rather than ‘‘T10.’’ In addition to
prohibiting bottom outlet openings,
Special provision ‘‘T14’’ requires a
higher minimum test pressure for the
periodic hydrostatic pressure test. We
believe a higher minimum test pressure
would provide an increased level of
safety when transporting these types of
chlorosilanes in portable tanks. Some
chlorosilanes meeting the above
classification criteria (e.g., UN2987 and
UN1295) have already been assigned
Special provision ‘‘T14.’’ Therefore, to
enhance safety and for consistency in
assigning special provisions, we are
proposing to revise the following entries
by replacing Special provision ‘‘T10’’
with Special provision ‘‘T14’’ in
Column (7):
UN2988 Chlorosilanes, water-reactive,
flammable, corrosive, n.o.s.
UN1183 Ethyldichlorosilane
UN1242 Methyldichlorosilane
The following entries would be
revised by assigning PG II in column (5)
rather than PG I. The flammability
properties (i.e., the flashpoint) place
them in PG II, and no additional
evidence indicates the entries are more
corrosive than all the other
chlorosilanes classed as a Class 3,
subsidiary Class 8, PG II (e.g., UN1126).
Therefore, in accordance with the
Precedence of hazard table (§ 173.2a),
the entries would be classed as Class 3,
subsidiary Class 8, PG II materials. In
addition, as discussed above, we would
replace Special provision ‘‘T7’’ with
‘‘T10’’ for most chlorosilanes, however,
for these entries Special provision
‘‘T10’’ would replace the previously
assigned Special provision ‘‘T11.’’
Readers should note, this revision is
contingent upon the adoption of the
proposed change from PG I to PG II. The
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entries would be revised in Column (5)
by assigning PG II and in Column (7) by
replacing Special provision ‘‘T11’’ with
Special provision ‘‘T10’’:
UN1250
UN1305
Methyltrichlorosilane
Vinyltrichlorosilane, stabilized
As discussed above, for most
chlorosilanes, we are proposing to
replace Special provision ‘‘T7’’ with
‘‘T10,’’ which prohibits bottom
discharge openings. In addition, we
propose to revise the following entries
by replacing Special provision ‘‘T11’’
with Special provision ‘‘T14’’ which
prohibits bottom discharge openings in
portable tanks:
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
UN2985 Chlorosilanes, flammable,
corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive,
flammable, n.o.s
UN3361 Chlorosilanes, toxic, corrosive,
n.o.s.
Chlorosilanes of Division 6.1 are
authorized for transport in metal IBCs
under Special provision ‘‘IB1.’’ As
discussed above, we are proposing to
prohibit the use of metal IBCs for the
transport of chlorosilanes. Additionally,
Special provision ‘‘TP27’’ is
recommended for chlorosilanes
assigned Special provision ‘‘T14.’’ If
found acceptable according to the test
pressure definition in § 178.274, Special
provision ‘‘TP27’’ allows a test pressure
of 4 bar instead of 6 bar. We would
assign tank provision ‘‘TP27’’ to all
‘‘n.o.s.’’ entries of Classes 3, 8 and
Division 6.1. Entries for Division 4.3
would not be assigned ‘‘TP27’’ because
of higher risk of a possible release of a
flammable gas. The following entries
would be revised in Column (7) by
deleting Special provision ‘‘IB1’’ and
adding Special provision ‘‘TP27’’:
UN3362 Chlorosilanes, toxic, corrosive,
flammable, n.o.s
UN3361 Chlorosilanes, toxic, corrosive,
n.o.s.
The following entries would be
revised by adding Special provision
‘‘IP2’’ to correct an inconsistency.
‘‘Chloroacetic acid, solid,’’ UN1751 is
the only Division 6.1, PG II material
assigned Special provision ‘‘IB8’’ that is
not also assigned Special provision
‘‘IP2.’’ Similarly, the remaining entries
listed below are Division 5.1, PG II
materials assigned ‘‘IB8’’ but not ‘‘IP2’’.
The following entries would be revised
in Column (7) by adding Special
provision ‘‘IP2’’:
UN1751 Chloroacetic acid, solid
UN1463 Chromium trioxide, anhydrous.
UN2465 Dichloroisocyanuric acid, dry or
Dichloroisocyanuric acid salts
UN1473 Magnesium bromate
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UN2627 Nitrites, inorganic, n.o.s.
UN1484 Potassium bromate
UN1485 Potassium chlorate
UN1487 Potassium nitrate and sodium
nitrite mixtures
UN1488 Potassium nitrite
UN1490 Potassium permanganate
UN1493 Silver nitrate
UN1494 Sodium bromate
UN1495 Sodium chlorate
UN3247 Sodium peroxoborate, anhydrous
UN2468 Trichloroisocyanuric acid, dry
UN1512 Zinc ammonium nitrite
UN1514 Zinc nitrate
Special provision ‘‘36’’ places net
quantity limits per package for
medicines classed as hazardous
materials. However, the quantity limits
are inconsistent with the net quantity
packaging limits authorized under the
limited quantities exceptions authorized
for these materials. Therefore, these
entries would be revised in Column (7)
by removing Special provision ‘‘36’’:
UN3248
n.o.s.
UN1851
UN3249
Medicine, liquid, flammable, toxic,
Medicine, liquid, toxic, n.o.s.
Medicine, solid, toxic, n.o.s.
Chemical oxygen generators are
subject to stringent packaging and
shipping requirements. We are
proposing to add a new Special
provision ‘‘62’’ to the following entries
to emphasize that chemical oxygen
generators are not authorized to be
transported under the generic ‘‘oxidizer,
n.o.s.’’ entries.
UN3098
UN3139
UN3099
UN3085
UN3137
UN1479
UN3100
UN3087
UN3121
n.o.s.
Oxidizing liquid, corrosive, n.o.s.
Oxidizing liquid, n.o.s.
Oxidizing liquid, toxic, n.o.s.
Oxidizing solid, corrosive, n.o.s.
Oxidizing solid, flammable, n.o.s.
Oxidizing solid, n.o.s.
Oxidizing solid, self-heating, n.o.s.
Oxidizing solid, toxic, n.o.s.
Oxidizing solid, water-reactive,
The following entries would be
revised by adding a reference to
packaging section ‘‘307’’ to Column (8A)
for consistency with international
regulations regarding exception from the
HMR for manufactured articles and
apparatuses containing minimal
amounts of inert gas. See the discussion
of changes to § 173.307 for additional
information regarding this proposed
change.
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UN1006
UN1046
UN1970
UN1065
UN2036
Argon, compressed
Helium, compressed
Krypton, compressed
Neon, compressed
Xenon, compressed
The entry ‘‘Batteries, dry, containing
potassium hydroxide solid, electric
storage’’ would be revised by adding to
column (7) a reference to proposed new
Special provision ‘‘237.’’
The entries ‘‘Boron trifluoride,’’
UN1008, and ‘‘Hydrogen iodide,
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anhydrous’’ UN2197, would be revised
by adding the Class 8 subsidiary hazard
label to Column (6) for consistency with
international regulations and for
consistency with all other Division 2.3
toxic gas entries in the HMT that also
have the Class 8 subsidiary hazard.
The entry ‘‘Calcium manganese
silicon,’’ UN2844 would be revised in
Column (7) by removing Special
provision ‘‘IP2.’’ When this material is
transported in other than metal or rigid
plastic IBCs, Special provision ‘‘IP2’’
specifies they must be transported in a
closed freight container or a closed
transport vehicle. However, this is
inconsistent with other Division 4.3, PG
III materials that are not subject to this
Special IBC packaging provision.
For consistency with UN
Recommendations, the entry
‘‘Chlorine,’’ UN1017, would be revised
in Column (6) by adding the Division
5.1 subsidiary hazard label. This label
will help communicate that this
material may cause or enhance the
combustion of other materials.
The hazardous materials descriptions
for the entries ‘‘Chloronitrobenzene,
liquid ortho,’’ UN3409, and
‘‘Chloronitrobenzenes, solid meta or
para,’’ UN1578, would be revised in
Column (2) by removing the italicized
word(s). The italicized word(s)
associated with the proper shipping
names are a potential source of
confusion and would be removed for
clarification and consistency with the
same entries in the UN
Recommendations. This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The entries ‘‘Environmentally
hazardous substances, liquid, n.o.s.,’’
UN3082 and ‘‘Environmentally
hazardous substances, solid, n.o.s.,’’
UN3077, would be revised by adding a
new Special provision ‘‘335’’ in Column
(7). Special provision ‘‘335’’ clarifies
that mixtures of non-hazardous solids
and environmentally hazardous liquids
or solids may be classified as UN3077
provided there is no free liquid visible
at the time the substance is loaded or at
the time the packaging or transport unit
is closed.
In addition to flammable liquid fuel
cell cartridges already provided for by
the HMR, a number of other rapidly
advancing fuel cell technologies
employing a range of fuels continue to
emerge. In this NPRM, we are proposing
to revise the entry for fuel cells
containing a flammable liquid (UN3473)
to include fuel cell cartridges containing
a flammable liquid packed with or
contained in equipment, and to add four
new proper shipping names to the HMT
to describe the range of fuel used in fuel
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cell cartridges. These entries are (1)
water-reactive substances (UN3476); (2)
corrosive substances (UN3477); (3)
liquefied flammable gas (UN3478); and
(4) hydrogen in metal hydride
(UN3479). Readers should note that
liquefied flammable gases and hydrogen
in a metal hydride are both Division 2.1
materials used in fuel cell cartridges.
However, the provisions necessary for
the safe transportation of these articles
are quite different and therefore, it is
necessary to distinguish them with
separate shipping descriptions.
A new entry ‘‘Fuel cell cartridges or
Fuel cell cartridges contained in
equipment or Fuel cell cartridges
packed with equipment, containing
corrosive substances,’’ UN3477, would
be added.
The proper shipping name for the
entry ‘‘Fuel cell cartridges, containing
flammable liquids,’’ UN3473, would be
revised in Column (2) to read ‘‘Fuel cell
cartridges or Fuel cell cartridges
contained in equipment or Fuel cell
cartridges packed with equipment,
containing flammable liquids.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
A new entry ‘‘Fuel cell cartridges or
Fuel cell cartridges contained in
equipment or Fuel cell cartridges
packed with equipment, containing
hydrogen in metal hydride,’’ UN3479,
would be added.
A new entry ‘‘Fuel cell cartridges or
Fuel cell cartridges contained in
equipment or Fuel cell cartridges
packed with equipment, containing
liquefied flammable gas,’’ UN3478,
would be added.
A new entry ‘‘Fuel cell cartridges or
Fuel cell cartridges contained in
equipment or Fuel cell cartridges
packed with equipment, containing
water-reactive substances,’’ UN3476,
would be added.
The entry ‘‘Gasohol,’’ NA1203, would
be revised in Column (7) by adding
Special provision ‘‘177’’ to indicate that
mixtures of gasoline and ethanol with
less than 10 percent ethanol for use in
internal combustion engines (e.g.,
automobiles) must be assigned the PG II
entry regardless of variations in
volatility.
The entry ‘‘Gasoline,’’ UN1203, would
be revised in Column (7) by adding
Special provision ‘‘177’’ to indicate that
gasoline for use in an internal
combustion engine (e.g., automobiles)
must be assigned the PG II entry
regardless of variations in volatility.
The proper shipping name for the
entry ‘‘Hydrogen in a metal hydride
storage system,’’ UN3468, would be
revised in Column (2) to read
‘‘Hydrogen in a metal hydride storage
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system or Hydrogen in a metal hydride
storage system contained in equipment
or Hydrogen in a metal hydride storage
system packed with equipment.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
A new entry
‘‘1-Hydroxybenzotriazole, anhydrous,
dry or wetted with less than 20 percent
water, by mass,’’ UN0508, would be
added.
A new entry
‘‘1-Hydroxybenzotriazole, anhydrous,
wetted with not less than 20 percent
water, by mass,’’ UN3474, would be
added.
The entry ‘‘Hypochlorite solutions,’’
UN1791, would be revised by adding
the PG III description and associated
packaging provisions to Columns (5)
and (8), respectively. The PG III
information was inadvertently omitted
in a final rule under Docket HM–215I
(71 FR 78596; December 29, 2006). This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The entry ‘‘Magnesium nitrate,’’
UN1474, would be revised in Column
(7) by adding a new Special provision
‘‘332.’’ Special provision ‘‘332’’
specifies magnesium nitrate
hexahydrate is not subject to the HMR.
Testing conducted by independent
laboratories on magnesium nitrate
hexahydrate in accordance with Test
O.1: Test for Oxidizing Solids of the UN
Manual of Tests and Criteria indicated
magnesium nitrate hexahydrate does not
have a burning rate to meet the criteria
as a Division 5.1 oxidizer.
The hazardous materials description
for the entry ‘‘Nitric acid, other than red
fuming, with not more than 70 percent
nitric acid,’’ UN2031, PG II would be
revised in Column (2) to read ‘‘Nitric
acid, other than red fuming, with at
least 65 percent, but not more than 70
percent nitric acid’’ to conform with
proper shipping names that have similar
descriptions (e.g., UN3366). This entry
would also be revised in Column (7) by
adding Special provision ‘‘IP15,’’ and in
Column (10B) by removing vessel
stowage codes ‘‘44,’’ ‘‘110,’’ and ‘‘111,’’
and adding ‘‘74’’ in their place. Special
provision ‘‘IP15’’ specifies that for
UN2031 with more than 55% nitric
acid, the use of rigid plastic IBCs and
composite IBCs with a rigid plastic
inner receptacle would be authorized
for two years from the date of
manufacture of the IBC. Finally, the
entry would be revised by adding a
Division 5.1 subsidiary hazard label to
column (6). This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
A new entry ‘‘Nitric acid, other than
red fuming, with less than 65 percent
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nitric acid,’’ UN2031, PG II would be
added.
The entry ‘‘Nitrocellulose, solution,
flammable with not more than 12.6
percent nitrogen, by mass, and not more
than 55 percent nitrocellulose,’’ UN
2059, PG II and PG III, would be revised
in Column (7) by adding a new Special
provision ‘‘198.’’ Special provision
‘‘198’’ authorizes nitrocellulose
solutions containing less than 20%
nitrocellulose to be transported as paint
or printing ink.
The entry ‘‘Organometallic substance,
liquid, water-reactive, flammable,’’
UN3399, would be revised in Column
(10A) by removing vessel stowage
location code ‘‘E’’ and adding ‘‘D’’ to
harmonize with the IMDG Code and
SOLAS. Amendments were also made to
SOLAS Chapter II–2/Regulation 19
strictly prohibiting the stowage of 4.3
liquids having a flashpoint less than
23 °C under deck or in enclosed roll-on/
roll-off (ro-ro) vessel spaces. SOLAS
Chapter II–2/Regulation 19 sets out firefighting construction and equipment
requirements for vessels carrying
dangerous goods. We believe this
proposed amendment is necessary to
avoid the risk of a carrier stowing a
package in an enclosed space that is not
properly equipped for a Class 4.3
material with a subsidiary Class 3 and
a flashpoint less than 23 °C. When a
flammable liquid with a flashpoint less
than 23 °C is stowed under deck, the
space must be ventilated but cannot
have electrical equipment in the space.
In most cases, natural or mechanical
ventilation is used. However, powered
ventilation is required for Class 4.3
under deck due to the risk of moisture
in the air and the entry of sea water into
the hold through the ventilation
openings. This proposed change would
prohibit only UN3399 from under deck
stowage. All other Class 4.3 liquids,
with a subsidiary Class 3 and flashpoint
less than 23 °C, are not permitted under
deck or in enclosed ro-ro spaces under
the IMDG Code.
The proper shipping name for the
entry ‘‘Pentaerythrite tetranitrate
mixture, desensitized, solid, n.o.s.,’’
UN3344, would be revised in Column
(2) to read ‘‘Pentaerythrite tetranitrate
mixture, desensitized, solid, n.o.s. or
Pentaerythritol tetranitrate mixture,
desensitized, solid, n.o.s. or PETN
mixture, desensitized, solid, n.o.s.,’’ to
conform to proper shipping names that
have similar descriptions (e.g.,
UN0411). This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The entry ‘‘Polychlorinated
biphenyls, solid,’’ UN3432 would be
revised in Column (7) by adding Special
provisions ‘‘IP2’’ and ‘‘IP4’’ for
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consistency with similar requirements
for ‘‘Polyhalogenated biphenyls, solid or
Polyhalogenated terphenyls, solid,’’
UN3152. Special provisions ‘‘IP2’’ and
‘‘IP4’’ require IBCs other than metal or
rigid plastic to be offered for
transportation in a closed freight
container or closed transport vehicle
and require flexible, fiberboard, or
wooden IBCs to be sift-proof and waterresistant or be fitted with a sift-proof or
water-resistant liner, respectively.
The entries ‘‘Potassium persulfate,’’
UN1492 and ‘‘Sodium persulfate,’’
UN1505, would be revised in Column
(10B) by removing vessel stowage code
‘‘56’’ and adding ‘‘145.’’
The proper shipping name for the
entry ‘‘Trinitrophenol, wetted,’’
UN1344, would be revised in Column
(2) to read ‘‘Trinitrophenol, or Picric
acid, wetted,’’ to conform to proper
shipping names that have similar
descriptions (e.g., UN3364). This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The proper shipping name for the
entry ‘‘Trinitrotoluene, wetted,’’
UN1356, would be revised to read
‘‘Trinitrotoluene, wetted or TNT,
wetted,’’ to conform to proper shipping
names that have similar descriptions
(e.g., UN3366). This revision appears as
a ‘‘Remove/Add’’ in this rulemaking.
A new entry ‘‘Signals, distress, ship,’’
UN0505, would be added.
A new entry ‘‘Signals, distress, ship,’’
UN0506, would be added.
A new entry ‘‘Signals, smoke,’’
UN0507, would be added.
A new entry ‘‘Powder, smokeless,’’
UN0509, would be added. A discussion
of changes to § 173.62 provides an
explanation of the addition of this new
entry.
Currently, no portable tank
instructions are assigned to ‘‘Waterreactive liquid, corrosive, n.o.s.,’’
UN3129; ‘‘Water-reactive liquid, n.o.s.,’’
UN3148; or to the PG I entries for
‘‘Water reactive solid, corrosive, n.o.s.,’’
UN3131; and ‘‘Water-reactive solid,
n.o.s.,’’ UN2813. We would add portable
tank assignments (portable tank special
provisions) consistent with the
‘‘Guidelines for Assigning Portable Tank
Requirements to Substances in Classes 3
to 9.’’ These assignments are consistent
with similarly classed entries in the
HMT. The entries would be revised in
Column (7) as follows:
The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG I, would
be revised by adding Special provisions
‘‘T14,’’ ‘‘TP2,’’ and ‘‘TP7.’’
The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG II, would
be revised by adding Special provisions
‘‘T11’’ and ‘‘TP2.’’
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The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG III,
would be revised by adding Special
provisions ‘‘T7’’ and ‘‘TP1.’’
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG I, would be revised
by adding Special provisions ‘‘T9,’’
‘‘TP2,’’ and ‘‘TP7.’’
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG II, would be revised
by adding Special provisions ‘‘T7’’ and
‘‘TP2.’’
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG III, would be
revised by adding Special provisions
‘‘T7’’ and ‘‘TP1.’’
The entry ‘‘Water-reactive solid,
corrosive, n.o.s,’’ UN3131, PG I, would
be revised by adding Special provisions
‘‘T9’’, ‘‘TP7,’’ and ‘‘TP33.’’
The entry ‘‘Water-reactive solid,
n.o.s.,’’ UN2813, PG I, would be revised
by adding Special provisions ‘‘T9’’,
‘‘TP7,’’ and ‘‘TP33.’’
The proper shipping name for the
entry ‘‘Xenon,’’ UN2036, would be
revised to read ‘‘Xenon, compressed,’’
UN2036, for consistency with proper
shipping names for other compressed
gases (i.e., inert gases). This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
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Appendix B to § 172.101
Appendix B to § 172.101 lists Marine
Pollutants regulated under the HMR and
prescribes requirements for classifying
and describing a marine pollutant. In
this NPRM, we are proposing to amend
the introductory text and the List of
Marine Pollutants to add an allowance
for the use of the revised classification
criteria for materials toxic to the aquatic
environment (marine pollutants)
contained in the IMDG Code.
Additionally, under Docket HM–215D
(66 FR 33316; June 21, 2001 and 67 FR
15743; April 3, 2002), a number of
entries were removed because they no
longer met the criteria for a ‘‘Marine
Pollutant.’’ However, some entries were
inadvertently retained. Therefore, we
are proposing to remove the following
entries from the List of Marine
Pollutants: ‘‘5–Ethyl–2-picoline,’’ ‘‘Ethyl
propenoate, inhibited’’
‘‘Isopropenylbenzene,’’ and ‘‘2–
Phenylpropene.’’
Section 172.102
Section 172.102 lists a number of
special provisions applicable to the
transportation of specific hazardous
materials. Special provisions contain
packaging requirements, prohibitions,
and exceptions applicable to particular
quantities or forms of hazardous
materials. For consistency with
international regulations, we propose to
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amend § 172.102, Special provisions, as
follows:
Special provision ‘‘36’’ specifies
maximum net quantity limits per
package for the transport of medicines
classified as flammable or toxic (i.e.,
UN1851, UN3248, and UN3249). These
limits are inconsistent with the
packaging limits authorized in limited
quantity exceptions for these materials.
The entries were initially introduced to
the UN Recommendations with a
special provision limiting the materials
to PG II and III and requiring the
materials to have a maximum net
quantity per package of 5 L or 5 kg.
However, since then, these materials
have been authorized in the HMR as
limited quantities and consumer
commodities. This has created an
inconsistency between the quantity
limits per package in Special provision
‘‘36’’ and the limits outlined in the
limited quantity exceptions. Therefore,
to resolve this inconsistency, we would
remove Special provision ‘‘36.’’
Special provision ‘‘137’’ specifies
conditions for exception from the HMR
for certain types of vegetable fibers. We
propose to revise the Special provision
to include ‘‘tampico fiber, dry’’ having
a minimum baling density of 360 kg/m3
as being eligible for this exception.
Special provision ‘‘138’’ specifies
insolubility criteria for lead compounds.
We are proposing to revise the Special
provision to add clarifying language that
specifies lead compounds meeting the
insolubility criteria outlined in the
Special provision are not subject to the
HMR unless they meet the criteria for
one of the other hazard classes.
Special provision ‘‘150’’ specifies
composition limits for uniform mixtures
of fertilizers containing ammonium
nitrate as the main ingredient. We are
proposing to revise the composition
limits outlined in paragraph (b) of the
provision by adding the words ‘‘and/or
mineral calcium sulphate’’ after
‘‘dolomite.’’
In the final rule under Docket HM–
215G (69 FR 76044; December 20, 2004),
we added new generic entries to
describe Organometallic materials
consistent with descriptions added to
the UN Recommendations, but allowed
the continued use of several specific
Organometallic entries (e.g.,
Dimethylzinc, UN1370). We anticipated
removing these remaining entries from
the HMT by January 1, 2007. The entries
were to be removed because they were
superseded by the addition of the more
appropriate generic entries. However,
they currently remain in the HMT.
Therefore, we are proposing to remove
the remaining specific Organometallic
entries for consistency with the original
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intent of HM–215G to remove the
entries by January 1, 2007. In addition,
we are proposing to remove Special
provision ‘‘173.’’ Special provision
‘‘173’’ provides the option to use an
appropriate generic entry listed in the
HMT to describe the material and was
only assigned to Organometallic
materials. Since new generic entries
have been added to the HMT, and
because the Special provision only
applies to entries that are to be removed,
this Special provision would be
rendered obsolete.
Special provision ‘‘177’’ requires
materials for use in internal combustion
engines (e.g., in automobiles) to be
assigned the PG II entry regardless of
variations in volatility of the material.
The Special provision is currently
assigned to the entry ‘‘Ethanol and
gasoline mixture or Ethanol and motor
spirit mixture or Ethanol and petrol
mixture,’’ UN3475. However, the
provision also applies to the entries
‘‘Gasohol,’’ NA1203 and ‘‘Gasoline,’’
UN1203. For consistency with UN
Recommendations that assign similar
provisions to gasoline and mixtures of
ethanol and gasoline, and for uniform
application of the provision, we are
proposing to revise Special provision
‘‘177’’ to specify its application to both
gasoline and ethanol/gasoline mixtures.
Special provision ‘‘188’’ specifies
conditions for exception from the HMR
for small lithium cells and batteries. We
propose to revise the Special provision
to require the reporting of incidents,
including those which result in the
production of smoke, sparks, or a
dangerous evolution of heat.
Special provision ‘‘189’’ specifies
conditions for exception from the HMR
for medium lithium cells and batteries.
We propose to revise the Special
provision to require the reporting of
incidents including those which result
in the production of smoke, sparks, or
a dangerous evolution of heat.
A new Special provision ‘‘198’’ would
be added to permit nitrocellulose
solutions containing less than 20%
nitrocellulose to be transported as paint
or printing ink, as applicable.
A new Special provision ‘‘237’’ would
be added to specify that ‘‘Batteries, dry,
containing potassium hydroxide solid,
electric storage’’ must be prepared and
packaged in accordance with the
requirements of § 173.159(a), (b) and (c),
and for transportation by aircraft,
§ 173.159(d)(2).
A new Special provision ‘‘332’’ would
be added to specify magnesium nitrate
hexahydrate is not subject to the HMR.
A new Special provision ‘‘335’’ would
be added to clarify proper classification
of mixtures of solids which are not
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subject to the HMR and environmentally
hazardous liquids or solids. Special
provision ‘‘335’’ specifies these
mixtures would be classified as UN3077
and may be transported under that entry
provided there is no free liquid visible
at the time the material is loaded or the
packaging or transport unit is closed.
A new Special provision ‘‘IP15’’
would be added to indicate that for
‘‘Nitric acid,’’ UN2031, with more than
55% nitric acid, the use of rigid plastic
IBCs and composite IBCs with a rigid
plastic inner receptacle is permitted for
two years from the date of manufacture
of the IBC.
A new Special provision ‘‘N90’’
would be added to prohibit the use of
metal packagings for transport of ‘‘1Hydroxybenzotriazole, anhydrous,
wetted not less than 20 percent water,
by mass,’’ UN3474.
Special provision ‘‘TP12’’ would be
removed. This provision states ‘‘this
material is considered highly corrosive
to steel.’’ The phrase ‘‘highly corrosive
to steel’’ is not defined by any specific
criteria. Further, ‘‘TP12,’’ unlike other
TP codes, is simply a statement and
does not apply any regulatory
requirement. It is unclear if all highly
corrosive materials are assigned Special
provision ‘‘TP12’’ or if this statement
provides any useful guidance for
selecting an appropriate portable tank.
Therefore, we propose to delete Special
provision ‘‘TP12’’ from § 172.102(c)(8)
‘‘TP’’ Codes.
Section 172.202
Section 172.202 establishes the
requirements for the description of
hazardous materials on shipping papers.
The UN Recommendations do not
require the subsidiary hazard to be
indicated on the shipping paper when a
subsidiary hazard label is not required.
We agree that the requirement to
indicate the subsidiary hazard on the
shipping paper should be consistent
with the requirement to apply a
subsidiary risk label. Therefore, we
propose to harmonize with the UN
Recommendations by making an
appropriate revision to § 172.202(a)(2) to
specify that the subsidiary hazard class
or division number is not required to be
entered when a corresponding
subsidiary hazard label is not required.
We also propose to revise paragraph
(a)(4) to clarify that the packing group
is not required to be indicated on a
shipping paper for explosives, selfreactive substances, batteries other than
those containing sodium, and organic
peroxides in addition to entries that are
not assigned a packing group. In
addition, we also propose to revise
paragraph (a)(6) to clarify that for all
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articles where ‘‘No Limit’’ is shown in
Column (9A) or (9B) of the HMT, the
quantity must be the gross mass,
following the letter ‘‘G.’’
Section 172.322
Section 172.322 specifies marking
requirements for vessel transportation of
each non-bulk packaging and bulk
packaging that contains a marine
pollutant. In this NPRM we are
proposing to adopt the new marking for
marine pollutants that has been
incorporated into the IMDG Code. We
are proposing mandatory use of this
marking one year after publication of
the final rule. Commenters are requested
to submit remarks regarding the impact
of adopting a one-year compliance date.
As part of their petition to PHMSA (P–
1516), DGAC recommended inclusion of
the new marine pollutant mark in the
HMR.
Section 172.400a
Section 172.400a establishes
exceptions for labeling requirements.
Currently, the UN Recommendations do
not require a package labeled with a
Division 4.2 label to bear a Division 4.1
subsidiary hazard label. This is
primarily because the Division 4.2 label
communicates a more severe
spontaneously combustible
flammability hazard and as such the
Division 4.1 label is not considered to
provide additional hazard
communication value. In this NPRM, we
propose to revise paragraph (c) to
include a similar exception.
Section 172.401
Section 172.401 establishes specific
requirements for prohibited labeling.
We received a petition (P–1494) from
the DGAC requesting that PHMSA
specify that pictograms described in the
United Nations Globally Harmonized
System of Classification and Labelling
are not prohibited under the HMR. In its
petition, DGAC states that the UN
Economic and Social Council’s
Committee of Experts on the Transport
of Dangerous Goods and on the GHS
established the goal of implementing the
GHS in 2008. DGAC contends that to
facilitate international trade, it is
important that packages bearing GHS
pictograms are acceptable for
transportation in the United States.
DGAC also states that GHS pictograms
may already appear on packages used in
transportation and cites Annex 7 of the
GHS showing examples of GHS
pictograms appearing on drums.
Pictograms prescribed by GHS are not
identical to labels required under the
UN Recommendations or the HMR; such
pictograms typically consist of a red
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bordered diamond with a hazard symbol
such as a ‘‘flame’’ or a ‘‘skull and crossbones.’’ DGAC expects these GHS
pictograms to be smaller in size than the
transport labels required under the HMR
and international regulations.
We agree with DGAC that the GHS
pictograms should be permitted on
packages intended for transportation in
the United States to facilitate
international trade. We also believe that
such a revision will not diminish the
current level of safety affecting these
materials. Therefore, in this NPRM, we
are proposing to amend § 172.401 which
prohibits the transportation of packages
bearing any mark or label that could be
confused or conflict with a label
required under the HMR, to specify that
restrictions under this section do not
apply to packages labeled in
conformance with the GHS.
Section 172.446
Section 172.446 specifies the
requirements for Class 9 labels. Unlike
the HMR, the international regulations
do not have a solid horizontal line
dividing the lower and upper half of the
Class 9 label. The Class 9 label in
§ 172.446 depicts a solid horizontal line.
For consistency with international
regulations and to provide relief to the
regulated community, in this NPRM, we
propose to revise paragraph (b) to allow
a solid horizontal line as an option.
Section 172.448
Section 172.448 establishes the
specifications for the ‘‘CARGO
AIRCRAFT ONLY’’ label. For
consistency with international
regulations, in this NPRM, we are
proposing to replace the current label.
The symbol of this label is not altered;
however the text is revised to read,
‘‘Forbidden in Passenger Aircraft.’’ In
addition, we propose to authorize
continued use of the current label until
January 1, 2013.
Part 173
Section 173.4
Section 173.4 establishes the
requirements for exceptions to the HMR
for small quantities of Class 3, Division
4.1, Division 4.2 (PG II and III), Division
4.3 (PG II and III), Division 5.1, Division
5.2, Division 6.1, Class 7, Class 8, and
Class 9 materials. Recently, provisions
for the transport of hazardous materials
in excepted quantities were
incorporated into the UN Regulations
and the IMDG Code. These provisions
are based largely on existing excepted
quantity provisions provided by the
ICAO TI. The provisions permit certain
small quantities of hazardous materials
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to be transported with minimal
regulation, but ensure a high level of
safety through stringent packaging and
testing requirements.
The excepted quantity provisions
adopted within the UN Regulations and
the small quantity provisions of the
HMR are similar, but not identical. For
example, differences include variations
in the authorized hazard classes and
packing groups; differences in the
quantities authorized per package; and
differences in marking, documentation
and incident reporting requirements.
We believe that aligning the existing
small quantity provisions in the HMR
with the excepted quantity provisions
for air and vessel transportation will
enhance harmonization and increase
safety. Therefore, for consistency with
the UN Recommendations and to
increase safety and facilitate
international transportation, in this
NPRM, we are proposing to adopt a new
excepted quantity provision for
transportation by aircraft and vessel into
a new § 173.4a. We stress that we are
not proposing to remove the existing
small quantity provisions in 173.4, but
rather proposing to limit the use of these
provisions to domestic highway and rail
transportation. We also propose to move
the exception for small quantities—less
than 1 gram for solids and less than 1
milliliter for liquids per inner packaging
currently found in § 173.4(e)—to a new
§ 173.4b. This would align the
requirements of the HMR with those of
the ICAO TI and the IMDG Code for
transport by air and vessel, while
maintaining the existing small quantity
exceptions for domestic highway and
rail transport. We welcome comments
regarding the potential for confusion
and any cost impacts resulting from this
change. Small quantity exceptions
would be separated into the following
three sections:
(1) Section 173.4 for small quantities
transported by domestic highway and
rail only;
(2) Section 173.4a for excepted
quantities transported by aircraft and
vessel; and
(3) Section 173.4b for de minimis
quantities of material (less than 1 gram
for solids and less than 1 milliliter for
liquids per inner packaging) transported
by all modes.
In addition, we considered extending
the allowance for small quantity
exceptions to fuel cells. Fuel cells by
design offer a high degree of integrity
and often contain a relatively small
amount of hazardous material. However,
we wish to maintain the level of safety
ensured by the rigorous testing and
packaging required for fuel cell
cartridges of various types required by
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the provisions proposed in § 173.230.
Therefore, in this NPRM, we propose to
revise § 173.4(d) to specify that fuel cell
cartridges are not eligible for the small
quantity exceptions.
Sections 173.12 and 173.134
Section 173.12 establishes exceptions
for shipments of waste materials.
Section 173.134 establishes definitions,
classification criteria, and exceptions for
Division 6.2 (infectious substances). On
January 28, 2008, we published a final
rule under Docket HM–218D (73 FR
4699) that added a new paragraph (f) in
§ 173.12 to specify that household
waste, as defined in § 171.8, is not
subject to the HMR. In addition, we
revised a household waste exception in
§ 173.134(b)(13)(i) to reference the
household waste definition in § 171.8.
Upon publication of the final rule, we
received a comment expressing concern
with the implementation of these
amendments. The commenter,
Regulatory Resources Inc., expressed
concern that this amendment was too
broad and would allow entities such as
large hotels undergoing renovation to
offer their waste, including hazardous
materials, for transportation as nonregulated materials. This was not our
intention. In an effort to reduce
confusion, we are proposing to revise
these two sections to specify that
household waste is not subject to the
HMR when transported in accordance
with applicable state, local, or tribal
requirements.
Section 173.24b
Section 173.24b establishes additional
general requirements for bulk
packagings. In this NPRM, we are
proposing to add a new paragraph to
clarify that IBCs and Large Packagings
that are not designated and tested for
stacking may not be stacked during
transportation. In addition, we are also
proposing to clarify that IBCs and Large
Packagings that are intended for
stacking may not have more weight
superimposed upon them than is
marked on the packaging.
Section 173.62
Section 173.62 establishes specific
packaging requirements for explosives.
We received a petition (P–1505) from
the Sporting Arms & Ammunition
Manufacturers’ Institute (SAAMI)
requesting that PHMSA include a new
proper shipping name ‘‘Powder,
smokeless,’’ UN0509, to the § 172.101
HMT and to include the new entry
among the explosives assigned
Packaging Instruction 114(b) in § 173.62.
In its petition, SAAMI states that the UN
Sub-Committee of Experts on the
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Transport of Dangerous Goods adopted
a proposal by SAAMI to add the new
entry to its Dangerous Goods List and a
related change to the packing provisions
in the UN Recommendations.
Typically, we harmonize with the UN
following the formal adoption of a
proposal into the published version of
the UN Recommendations. However,
because of the limited scope of this
amendment and because the new entry
allows for a more accurate classification
of smokeless powder, we are proposing
to amend § 173.62 to include a new
entry UN0509 to the Explosives Table,
which specifies the Packing Instruction
assigned to each explosive, and to add
a reference to the new entry in Packing
Instruction 114(b). We also propose to
include a ‘‘D’’ in column 1 of the table
entry to indicate that the entry is
appropriate for domestic use but may
not be appropriate for international
transportation. Following the adoption
of the entry within the IMDG Code and
the ICAO TI, this indication would no
longer be necessary, and it is our
intention to remove the ‘‘D’’ in a future
rulemaking consistent with the adoption
of the entry within the aforementioned
international regulations.
Additionally, consistent with our
proposal to add new entry ‘‘1Hydroxybenzotriazole, anhydrous, dry
or wetted with less than 20% water, by
mass,’’ Division 1.3C, UN0508, to the
HMT, we are adding this material under
Packing Instruction ‘‘114(b).’’ We
propose to revise this instruction to
specify that, for UN0508, inner
packagings are not required if drums are
used as the outer packaging. We also
propose to add a new sentence under
Packing Instruction 114(b) to prohibit
metal packagings for UN0508. In
addition, we propose to clarify that
inner packagings are not necessary if
drums are used as the outer packaging
for UN0160 and UN0161.
Section 173.115
The HMR define a Division 2.2
material (non-flammable, nonpoisonous
compressed gas—including compressed
gas, liquefied gas, pressurized cryogenic
gas, compressed gas in solution,
asphyxiant gas and oxidizing 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), or is a cryogenic liquid, and does
not meet the definition of Division 2.1
or 2.3.’’ Recently, the definition of
Division 2.2 gases in the UN
Recommendations was amended to
include all liquefied gases, irrespective
of their pressure. This amendment was
made on the basis that certain liquefied
gases that pose no pressure hazard at
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ambient pressures and temperatures
may exhibit a pressure hazard under
conditions normally encountered in
transport, such as increased
temperature. In addition, the pressure of
a Division 2.2 gas was amended to be
302 kPa absolute (43.8 psi); a slight
increase from the current threshold of
280 kPa absolute (40.6 psi). In order to
enhance safety and to maintain global
uniformity with respect to the
classification of Division 2.2 gases, we
are proposing to adopt these
amendments. Additionally, in this
NPRM, we are proposing to re-designate
current paragraph (k) as a new
paragraph (l). The new paragraph (k)
would read ‘‘For Division 2.2 gases, the
oxidizing ability shall be determined by
tests or by calculation in accordance
with ISO 10156:1996 and ISO 10156–
2:2005 (IBR, see § 171.7 of this
subchapter.)’’ This revision would
require the use of specific test and
calculation methods for a more accurate
determination of the oxidizing ability of
Division 2.2 gases. Additionally, we
propose to revise § 171.7 to incorporate
these ISO standards.
jlentini on PROD1PC65 with PROPOSALS2
Section 173.137
Section 173.137 establishes packing
group criteria for corrosive (Class 8)
materials. In this NPRM, we are
proposing to add a note to clarify that
an additional test on the second
material is not required when the initial
test on either steel or aluminum
indicates the material is corrosive.
Sections 173.162, 173.164, 173.166,
173.186, 173.306, 173.307, 175.10
The ICAO TI recently adopted new
amendments to require additional
information to be included on the ‘‘air
waybill’’ for certain hazardous
materials. Currently, a number of
hazardous materials are excepted from
the full regime of the hazard
communication requirements that
generally apply to the transport of
hazardous materials in the ICAO TI
when certain conditions are met to
ensure an appropriate level of safety. An
example is non-spillable batteries,
which are excepted if certain conditions
specified in Special provision A67 of
the ICAO TI are met. Frequently, the
ICAO TI contains more restrictive or
additional requirements and conditions
that apply for air transportation. The
special provisions that address these
requirements contain packaging
provisions, prohibitions, and exceptions
from requirements for particular
quantities or forms of materials. Many
shippers may not be familiar with the
regulations and special requirements for
the transportation of dangerous goods
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by air as some shippers may only
occasionally ship dangerous goods by
air. Frequently, these shippers will offer
hazardous materials in the same manner
received when the initial mode of
transport may have been surface
transport.
Shipments of undeclared or
improperly prepared hazardous
materials, particularly in the air mode,
pose a significant safety threat.
Improper packing and handling of these
shipments could result in a release or a
failure to communicate the inherent
hazard or risk of the materials to
emergency responders and
transportation workers. Improperly
packaged batteries, electrical devices,
and articles such as lighters which
contain ignition devices can serve as a
source of fire if damaged during
handling and transport. The issue of
undeclared dangerous goods has
received significant attention in recent
years. The actual number of undeclared
hazardous materials shipments is not
known but when reported is generally
related to an incident or accident in air
transport.
In addition, operator and freight
forwarder personnel, particularly those
accepting general cargo (non-hazardous
materials) are trained to be alert for
undeclared or ‘‘hidden’’ hazardous
materials. Consignments of packages
marked with key words such as
‘‘lithium batteries,’’ ‘‘chemicals,’’ and
the like, or with certain markings and
labels may be challenged by carriers or
freight forwarders and acceptance
delayed, while the shipper verifies that
the goods are not regulated. Infrequent
consignors and those that have not
received appropriate training must still
be aware of the applicable requirements.
The air acceptance process is based on
a system of checks and balances that
ensures that hazardous materials are
properly prepared in accordance with
the ICAO TI and in full compliance with
all applicable safety requirements.
When hazardous materials are offered
for transportation in compliance with
all applicable requirements, the risk in
transport is significantly reduced. To
enable air carriers to ascertain that a
shipment conforms to applicable
requirements, in this NPRM, for
transportation by aircraft, we are
proposing a number of amendments
consistent with recently adopted
amendments in the ICAO TI.
Specifically we are proposing to require
the consignor to include on the ‘‘air
waybill’’ an indication that a hazardous
material or article has met the
applicable conditions for transport. This
indication will allow freight forwarders
and operators to verify that the
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consignor is aware of, and has complied
with, the applicable regulatory
requirements. Additionally, it will
reduce the likelihood of unnecessary
carrier delays by improving
communication.
Section 173.196
Section 173.196 establishes packaging
requirements for Category A infectious
substances. In this NPRM, we are
proposing to revise paragraphs (a)(1)
and (a)(2) by replacing the word
‘‘watertight’’ with ‘‘leakproof.’’ These
proposed revisions are consistent with
international regulations. No
substantive changes to the packaging
requirements are intended by this
wording change.
Section 173.206
In this rulemaking, we are proposing
to add a new packaging section
(§ 173.206) to the HMR to harmonize
with new packaging requirements for
water-reactive chlorosilanes adopted in
the Fifteenth revised edition of the UN
Recommendations. The enhanced
packaging requirements more
adequately address the water-reactive
properties of these materials. We are
also evaluating whether packaging for
other water-reactive materials should
also be enhanced. Depending on the
outcome of our evaluation, we may
propose further amendments to the UN
Recommendations and the HMR. In the
meantime, the entries affected by the
proposed addition of new packaging
§ 173.206 are as follows:
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable,
corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive,
flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive,
n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
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UN1298
UN1305
Trimethylchlorosilane
Vinyltrichlorosilane, stabilized
Section 173.222
Section 173.222 specifies the
requirements for dangerous goods in
machinery or apparatus. Paragraph (c) of
this section specifies the total net
quantity limits contained in one item of
machinery or apparatus. Consistent with
the ICAO TI, we are proposing to
prohibit Division 2.2 gases with
subsidiary risks and refrigerated
liquefied gases for transportation by
aircraft as dangerous goods in
machinery or apparatus.
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Section 173.225
Section 173.225 specifies packaging
requirements and other provisions for
organic peroxides. When the § 172.101
table specifies this section, the organic
peroxide must be packaged and offered
for transportation in accordance with
the provisions of this section. Each
packaging must also conform to the
general requirements of Subpart B of
Part 173 and to the applicable
requirements of Part 178 of the HMR.
Specifically, organic peroxides that
require temperature control are subject
to § 173.21(f). When an IBC or bulk
packaging is authorized and meets the
requirements of paragraph (f) or (h) of
§ 173.225, respectively, lower control
temperatures than those specified for
non-bulk packaging may be required.
An organic peroxide not identified in
paragraph (c), (e), or (g) of § 173.225 by
technical name, or not assigned to a
generic type in accordance with
paragraph (b)(3) of this section, must
conform to the requirements in
paragraph (c) of § 173.128.
The Organic Peroxides Table specifies
by technical name those organic
peroxides that are authorized for
transportation and not subject to the
approval provisions of § 173.128. An
organic peroxide identified by technical
name is authorized for transportation
only if it conforms to all applicable
provisions of the table. In this NPRM,
we are proposing to amend the Organic
Peroxides Tables by adding new entries,
revising current entries, and adding new
Notes ‘‘29,’’ ‘‘30,’’ and ‘‘31’’ following
the Organic Peroxides Table. New Note
‘‘29’’ would indicate that specific
entries are not subject to the
requirements of this subchapter for
Division 5.2. New Notes ‘‘30’’ and ‘‘31’’
would indicate that for specific entries,
organic peroxides with a boiling point
greater than 130 °C (266 °F) or available
oxygen less than or equal to 6.7% are
acceptable. We are also proposing to
add new entries to the Organic Peroxide
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IBC Table in paragraph (e) of this
section.
The following current entries in the
Organic Peroxides Table would be
amended:
UN3119 Di-(2neodecanoylperoxyisopropyl) benzene, not
more than 42%, stable dispersion, in water
UN3119 3-Hydroxy-1,1-dimethylbutyl
peroxy-neodecanoate, not more than 52%,
stable dispersion, in water
UN3101 tert-Amyl peroxy-3,5,5trimethylhexanoate
UN3117 Di-(2-ethylhexyl)
peroxydicarbonate [as a stable dispersion
in water]
In addition, in the Organic Peroxide
Portable Tank Table, UN3119 ‘‘Di-(3,5,5trimethyl-hexanoyl) peroxide, not more
than 38% in diluent type A’’ would be
revised, and UN3119 ‘‘tert-Amyl
peroxyneodecanoate, not more than
47% in diluent type A’’ would be added
as a new entry.
The following entries would be added
to the Organic Peroxides Table:
UN3119 tert-Amyl peroxyneodecanoate
UN3119 tert-Amyl peroxypivalate
UN3106 tert-Butyl peroxy 3,5,5trimethlyhexanoate
UN3115 Cumyl peroxyneodecanoate
Exempt Cyclohexanone peroxide(s)
UN3105 2,2-DI-(tert-amylperoxy)-butane
Exempt Dibenzoyl peroxide
UN3109 tert-Butyl peroxybenzoate
UN3103 1,1-DI-(tert-butylperoxy)cyclohexane
UN3109 1,1-Di-(tert-Butylperoxy)
cyclohexane
UN3105 1,1-DI-(tert-butylperoxy)cyclohexane + tert-butylperoxy-2ethylhexanoate
Exempt Di-(2-tert-butylperoxyisopropyl)
benzene(s)
UN3103 1,1-DI-(tert-butylperoxy)-3,3,5trimethylcyclohexane
UN3118 DI–2,4-dichlorobenzoyl peroxide
Exempt Di-4-chlorobenzoyl peroxide
Exempt Dicumyl peroxide
UN3119 Di-(2-ethylhexyl)
peroxydicarbonate [as a stable dispersion
in water]
UN3119 Di-(2-neodecanoylperoxyisopropyl) benzene, as stable
dispersion in water
UN3115 3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate
UN3117 3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate
UN3119 3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate [as a stable dispersion
in water]
UN3109 Methyl isopropyl ketone
peroxide(s)
UN3107 3,3,5,7,7-Pentamethyl-1,2,4trioxepane
A new Note ‘‘30’’ would be added
following the Organic Peroxides Table
to read:
‘‘Diluent type B with boiling point >
130 °C (266 °F).’’
A new ‘‘Note ‘‘31’’ would be added
following the Organic Peroxides Table
to read:
‘‘Active oxygen ≤ 6.7%.’’
The following entries would be
revised or added to the Organic
Peroxide IBC Table as follows:
UN3109 tert-Butyl peroxybenzoate, not
more than 32% in diluent type A
UN3109 1,1-Di-(tert-Butylperoxy)
cyclohexane, not more than 37% in diluent
type A
UN3119 tert-Anyl peroxypivalate, not more
than 32% in diluent type A
UN3119 tert-Butyl peroxyneodecanoate, not
more than 52%, stable dispersion, in water
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Section 173.226
Section 173.226 establishes non-bulk
packaging requirements for Division 6.1
PG I, Hazard Zone A materials. In this
NPRM, we are proposing to editorially
revise paragraph (c) to enhance
accuracy, reduce misunderstanding, and
provide a more user-friendly format.
Section 173.230
Section 173.230 establishes
provisions for the transportation of fuel
cell cartridges containing flammable
liquids. As portable electronic devices
continue to evolve, developers of fuel
cell technologies are considering
various types of fuel sources to meet
increasing power demands. In addition
to the flammable liquid fuel cell
cartridges currently addressed in the
HMR, fuel cell technologies may employ
a range of fuels, including hydrogen in
a metal hydride, butane, borohydrides
and formic acid. The fuels may be a gas
such as hydrogen in a metal hydride or
butane that meets the defining criteria
for a Division 2.1 material; a solid
borohydride (including formulations)
that meets the defining criteria for a
Division 4.3 material; or liquid or solid
formulations that meet the defining
criteria as a Class 8 material (e.g.,
sodium borohydride, or formic acid).
Provisions addressing these fuel cell
technologies have already been adopted
in the Fifteenth revised edition of the
UN Recommendations, the ICAO TI and
the IMDG Code. Additionally, we have
received petitions from HMT
Associates, L.L.C. (P–1517) and the U.S.
Fuel Cell Council (P–1518) requesting
that we align the HMR provisions for
fuel cell systems and cartridges with
international standards. Consistent with
DOT’s strategic goals of ensuring safety
while utilizing 21st century technology,
we are proposing to add four new
proper shipping names to the HMT to
describe the range of fuel used in fuel
cell cartridges: ‘‘Water-reactive
substances,’’ UN3476; ‘‘Corrosive
substances,’’ UN3477; ‘‘Liquefied
flammable gas,’’ UN3478; and
‘‘Hydrogen in metal hydride,’’ UN3479.
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This proposal will provide guidance for
the safe transportation of fuel cells and
will introduce a greater variety of
technology into the global market place.
The type of hazard would not be
included in the proper shipping name
but, instead, would be identified by the
hazard class or division (e.g., 2.1; 3;
etc.). Readers should note that liquefied
flammable gases and hydrogen in a
metal hydride are both Division 2.1
materials used in fuel cell cartridges.
However, the provisions necessary for
the safe transportation of these articles
are quite different and therefore, it is
necessary to distinguish them with
separate shipping descriptions. In
addition, because fuel cell cartridges
may contain any number of hazardous
materials, we also propose to revise
§ 173.230 to provide a comprehensive
system to address the requirements for
fuel cell cartridges containing various
hazardous materials. Paragraph (a) of
this section would outline requirements
applicable to fuel cell cartridges
containing any authorized fuel, while
paragraphs (b), (c), and (d) would
outline additional requirements unique
to each fuel cell type. Further,
paragraph (e) would provide a list of
authorized packages and configurations,
with paragraph (f) describing the
additional requirements for the
transportation of fuel cell cartridges by
aircraft, including transport by
passengers and crewmembers. Finally,
paragraphs (g) and (h) would outline the
limited quantity and consumer
commodity provisions, respectively.
In addition, for consistency with the
ICAO TI in regard to the transportation
of fuel cell cartridges, in § 175.10, we
propose to expand the types of fuel cell
cartridges permitted in carry-on baggage
by airline passengers and crew to
include water-reactive substances and
hydrogen in a metal hydride. Fuel cells
permitted for transport by passengers
and crew must continue to conform to
certain rigorous performance criteria
outlined in § 175.10.
Section 173.304(b)
Section 173.304(b) specifies
additional requirements for liquefied
compressed gases in UN pressure
receptacles. In a final rule published on
June 12, 2006, under Docket PHMSA–
2005–17463 (HM–220E) entitled ‘‘UN
Cylinders,’’ (71 FR 33858), we adopted
the filling limits for liquefied
compressed gases and mixtures in UN
pressure receptacles specified in the UN
Recommendations. Based on a review of
the P200 filling limits, we lowered the
filling limits for ten gases and added a
table under paragraph (c) in § 173.304b
to specify the revised filling limits. The
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UN Recommendations subsequently
adopted these revised filling limits.
Since there is no longer a need for the
revised filling limits for liquefied
compressed gases in the HMR, in this
NPRM, we propose to remove paragraph
(c) of § 173.304b in its entirety. Current
paragraphs (d) and (e) would be redesignated accordingly.
Section 173.306
Section 173.306 establishes
transportation requirements for limited
quantities of compressed gases. The
ICAO TI have incorporated provisions
for the transportation of limited
quantities of compressed gases in plastic
aerosols to keep abreast with new
technology and on the basis that plastic
aerosols provide a level of safety
equivalent to other authorized
packagings. Although the HMR do not
currently allow the transportation of
these plastic aerosols by air, PHMSA
has issued several Special Permits
authorizing such transportation with
certain restrictions, such as shipping
paper, labeling, marking, and packaging
requirements. We have reviewed these
materials from a risk/safety perspective,
and based on an equivalent level of
safety determination established by the
Special Permits, and a record of the safe
transportation of plastic aerosols, we are
proposing to adopt requirements for the
construction and use of plastic aerosols
within the HMR. We believe this
proposed amendment will also enhance
international harmonization and
provide relief to the regulated
community by reducing the need for
Special Permits to transport these
materials. A new aerosol specification
‘‘2S’’ is proposed for inclusion in
§ 173.306, with corresponding
requirements as detailed in a new
§ 178.33b.
We are also proposing to revise
paragraph (j) to require the consignor to
include on an air waybill or other
shipping documentation an indication
that a hazardous material or article has
met the applicable conditions for air
transport. This indication will allow
freight forwarders and operators to
verify that the consignor is aware of,
and has complied with, the applicable
regulatory requirements.
Section 173.307
Section 173.307 specifies exceptions
for compressed gases. The ICAO TI have
Special provision (A69) excepting from
regulation articles containing minimal
amounts of gallium, mercury, or inert
gas. Based on a review that indicated
the special provision was not assigned
appropriately among all inert gases,
ICAO proposed to assign the special
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provision to all the inert gases
concerned. The HMR do not currently
have a similar provision for inert gases,
although the HMR have the same
exception for articles containing gallium
or mercury in §§ 173.162 and 173.164,
respectively. Rather than adding a new
special provision, we are proposing to
add to this section a general exception
for articles containing inert gas. This
exception would specify that
manufactured articles or apparatuses,
each containing not more than 100 mg
of inert gas and packaged so that the
quantity of inert gas per package does
not exceed 1 g, are not subject to the
HMR.
Section 173.322
Section 173.322 establishes specific
packaging requirements for ethyl
chloride (UN1037). Recently, PHMSA
became aware of an incident involving
an aluminum compressed gas cylinder
containing ethyl chloride. The
investigation of this incident suggests
the possibility that a reaction occurred
within the aluminum cylinder as a
result of the incompatibility between
the ethyl chloride gas and the aluminum
cylinder. The HMR currently prohibit
the transportation of ethyl chloride in
UN pressure receptacles constructed of
aluminum alloy but have no such
prohibition for specification cylinders.
To address this occurrence, in this
NPRM, we are proposing to prohibit the
filling of specification cylinders made of
aluminum alloy (e.g., DOT 3AL) with
ethyl chloride.
Part 175
Section 175.10
Section 175.10 establishes exceptions
for the transportation of certain
hazardous materials by aircraft,
including hazardous materials that may
be carried by passengers, crewmembers,
and air operators in checked or carry-on
baggage. In this NPRM, we are
proposing to revise the exception for dry
ice in paragraph (a)(10) to clarify that
dry ice carried in both carry-on and
checked baggage is subject to the
approval of the aircraft operator.
As noted under the discussion in
§ 173.230, we are also proposing to
revise paragraph (a)(18) to expand the
types of fuel cell cartridges permitted in
carry-on baggage by airline passengers
and crew. Fuel cells permitted for
transport by passengers and
crewmembers must continue to conform
to the rigorous performance criteria
outlined in § 175.10.
In addition, we are proposing to
revise paragraph (a) and add a new
paragraph (c) to specify that the
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requirements to submit incident reports
under §§ 171.15 and 171.16 of this
subchapter apply to the air carrier.
Section 175.33
Section 175.33 establishes
requirements for shipping papers and
notification of pilot-in-command for
hazardous materials transported by
aircraft. We are proposing several
amendments to strengthen and clarify
these requirements, harmonize with
international standards, and address a
recommendation of the National
Transportation Safety Board (NTSB)
arising out of a 2006 incident.
On February 7, 2006, United Parcel
Service Company (UPS) flight 1307,
landed at its destination, Philadelphia
International Airport, after a cargo
smoke indication in the cockpit. The
flight crewmembers evacuated the
airplane upon landing and sustained
minor injuries. The aircraft and most of
the cargo, however, were destroyed. In
its investigation of the incident, the
NTSB determined that UPS personnel
were able to retrieve the notice to
captain (NOTOC), which contained
information on the hazardous materials
on board the airplane. However, NTSB
also determined that personnel did not
provide emergency responders with
detailed information about the
hazardous materials on board the
airplane in a timely manner, and such
a delay could have potentially created a
safety hazard. As a result of its findings,
NTSB recommended that PHMSA
‘‘require aircraft operators that transport
hazardous materials to immediately
provide consolidated and specific
information about hazardous materials
on board an aircraft, including proper
shipping name, hazard class, quantity,
number of packages, and location to onscene emergency responders upon
notification of an accident or incident.’’
(NTSB Recommendation A–07–106)
The HMR currently require aircraft
operators to make available, upon
request, to an authorized official of a
Federal, State, or local government
agency, including an emergency
responder, at reasonable times and
locations, the documents or information
required by § 175.33, which include
shipping papers and notification of
pilot-in-command. However, aircraft
operators are not required to provide
hazardous materials information to
emergency responders immediately
upon notification of an accident or
incident. We agree with NTSB that
delays in the transmittal of information
to emergency responders could delay
timely and effective response to
incidents. Under the Docket HM–206C
NPRM published on March 25, 2003 (68
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FR 14341), we stated that the
‘‘information’’ must be provided to an
emergency responder with no undue
delay.’’ Therefore, in this NPRM, we are
proposing to revise paragraph (c)(4) of
this section to require aircraft operators
that transport hazardous materials to
provide immediate and specific
information about hazardous materials
on board an aircraft, including proper
shipping name, hazard class, quantity,
number of packages, and location, to onscene emergency responders in the
event of an accident or incident.
In addition, for consistency with
international regulations, in this NPRM,
we are proposing to add a new
paragraph (a)(11) to specify that for
‘‘Carbon dioxide, solid (dry ice),’’
UN1845, only the UN number, proper
shipping name, class, total quantity,
exact location aboard the aircraft, and
the airport at which the package(s) is to
be unloaded need be provided.
In response to a FedEx Express
petition, [P–1490], we are also
proposing to revise § 175.33(a)(1)(i) to
remove the requirement that the type of
package must be included on the
notification of pilot-in-command.
Section 175.75
Section 175.75 specifies the
requirements for quantity limitations
and cargo locations for hazardous
materials transported by aircraft.
Paragraph (d) requires that each package
containing a hazardous material
acceptable only for cargo aircraft must
be loaded in such a manner that a crew
member or other authorized person can
access, handle and when size and
weight permit, separate such packages
from other cargo during flight. To
increase flexibility in these stowage
requirements, we believe we can expand
this requirement to allow for the
stowage of these materials in
inaccessible cargo compartments
without decreasing the current level of
safety, provided the compartment has
an FAA-approved fire or smoke
detection system and a fire-suppression
system. Therefore, in this NPRM, we are
proposing to revise paragraph (d) to
provide an alternative that a package
containing a hazardous material
acceptable only for cargo aircraft may be
loaded in an inaccessible cargo
compartment provided the compartment
has an FAA-approved fire or smoke
detection system and a fire-suppression
system. Accordingly, we would also
revise paragraph (d) to provide for a
more user-friendly format.
Section 175.88
Section 175.88 specifies the
requirements for the inspection,
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orientation and securing of packages of
hazardous materials transported by
aircraft. We are proposing to revise
paragraph (c) to specify that packages of
hazardous materials must be secured at
all times in an aircraft in a manner that
will prevent shifting or prevent a change
in the position of the packages in the
cargo compartment.
Part 176
Section 176.2
Section 176.2 establishes definitions
specific to the transportation of
hazardous materials by vessel. In this
NPRM, we are proposing to editorially
revise the definition for ‘‘Commandant’’
to update a routing designation.
Section 176.3
Section 176.3 establishes
requirements for shipments of
hazardous materials that are
unacceptable for transportation by
vessel, and requires compliance with
parts 172 and 173 of the HMR. In this
NPRM, we are proposing to specify that
compliance with part 171 is also
required.
Section 176.84
Section 176.84 establishes
requirements for stowage and
segregation for cargo vessels and
passenger vessels. Consistent with
proposed revisions for certain materials
in the HMT, we are proposing to remove
stowage codes ‘‘134,’’ ‘‘139,’’ and ‘‘140,’’
and add a new stowage code ‘‘145.’’
Stowage code 140 is assigned to
‘‘Aluminum alkyl halides, liquid,’’
UN3052, and ‘‘Aluminum alkyl halides,
solid,’’ UN3461. Both of these shipping
descriptions are proposed to be removed
consistent with the adoption of
appropriate generic organometallic
entries. Stowage code ‘‘139’’ provides
instruction to ‘‘stow ‘separated from’
mercury salts.’’ The provision is a
duplicate of stowage code ‘‘70,’’ and
both codes are assigned to the entry
‘‘1,4-Butynediol,’’ UN2716.
Additionally, stowage code ‘‘139’’ is
only assigned to this specific entry.
Therefore, we are proposing to remove
stowage code ‘‘139.’’ Stowage code
‘‘140’’ provides instruction to ‘‘stow
‘separated from’ UN3052 and UN3461,’’
which are identification numbers for
aluminum alkyl halides in liquid and
solid form, respectively. These entries
are proposed to be removed in this rule.
Consistent with the removal of these UN
numbers from the hazardous materials
table we are proposing to remove
stowage code ‘‘140.’’ Stowage code
‘‘145’’ provides instruction to ‘‘stow
‘separated from’ ammonium compounds
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except for UN1444.’’ The stowage code
is assigned to ‘‘Potassium persulfate,’’
UN1492, and ‘‘Sodium persulfate,’’
UN1505. These materials may form
explosive mixtures with ammonium
compounds; however, they do not react
dangerously or form explosive mixtures
when in contact with ‘‘Ammonium
persulphate,’’ UN1444. Finally, in order
to fully align the HMR with the IMDG
Code, a new vessel stowage code ‘‘146’’
is added to specify that, ‘‘Category B
stowage applies for unit loads in open
cargo transport units.’’ The new vessel
stowage code ‘‘146’’ is assigned to
‘‘Batteries, wet, filled with acid, electric
storage,’’ UN2794 and ‘‘Batteries, wet,
filled with alkali, electric storage,’’
UN2795 in column (10B) of the HMT.
Section 176.172
Section 176.172 establishes the
structural serviceability requirements
for freight containers and vehicles
carrying Class 1 (explosive) materials on
vessels. The IMDG Code, as recently
amended, establishes similar
requirements; however, unlike the
HMR, the IMDG requirements expressly
except containers carrying Division 1.4
explosives. Under the HMR, as provided
in § 176.172(c), Division 1.4 explosive
materials need not be accompanied by
a statement certifying that the freight
container is structurally serviceable.
However, this certification exception
does not explicitly except freight
containers carrying Division 1.4
explosives from the underlying
serviceability requirements. Because
Division 1.4 explosives pose a minimal
explosive risk, the structural
serviceability requirements, like an
accompanying certification, become
correspondingly less valuable as a safety
control. Therefore, in this rulemaking,
we propose to amend paragraph (a) of
this section to be consistent with the
requirements of the IMDG Code, by
excluding freight containers containing
Division 1.4 explosive materials from
the serviceability requirements.
Section 178.502
Section 178.502 establishes the
identification codes for marking
packagings to certify conformance with
UN performance standards. We propose
to include a note at the end of this
section to indicate that plastic materials
include other polymeric materials such
as rubber and, thus, the code used to
designate plastic packagings may also be
used for packagings constructed of other
polymeric materials.
Section 178.703
Section 178.703 establishes marking
requirements for IBCs. We propose to
include an additional marking
requirement to specify the maximum
permitted stacking load applicable
when an IBC is in use, with a transition
date until January 1, 2011. The symbol
must be not less than 100 mm (3.9
inches) × 100 mm (3.9 inches), and must
be durable and clearly visible. The
letters and numbers must be at least 12
mm high (.48 inches). The mass marked
above the symbol must not exceed the
load imposed during the design test
divided by 1.8.
Section 178.801
Section 178.801 establishes general
requirements for the testing of IBCs. For
clarification, in this NPRM, we propose
to add a sentence to paragraph (f) to
specify that the IBC must be fitted with
the primary bottom closure during
production testing and inspection.
Section 178.33b
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Part 178
Section 178.810
Section 178.810 establishes the
requirements for a drop test conducted
for the qualification of all IBC design
types. In this NPRM, we propose to
revise the criteria in paragraph (e) for
passing the drop test to specify that no
damage is permitted which renders the
IBC unsafe to be transported for salvage
or for disposal, or results in a loss of
contents. In addition, we are revising
this paragraph to specify that the IBC
must be capable of being lifted by an
appropriate means until clear of the
floor for five minutes.
VI. Regulatory Analyses and Notices
As noted in the discussion under
§ 173.306, we are proposing to add a
new section that defines the design,
construction, and testing requirements
for plastic aerosols. Specifically, we are
proposing to add a new § 178.33b to
specify packaging; compliance; type and
size; inspection; duties of an inspector;
material; manufacture; design
qualification, production, and leak
testing; and marking requirements for
plastic aerosols.
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
materials in intrastate, interstate, and
foreign commerce. This proposed rule
amends regulations to maintain
alignment with international standards
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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 above, 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 TI; this will facilitate the
transport of hazardous materials in
international commerce.
Harmonization serves to facilitate
international transportation; at the same
time, harmonization promotes 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 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 explained in
the corresponding sections above, we
are not proposing harmonization with
certain specific provisions of the UN
Recommendations, the IMDG Code, and
the ICAO TI. Moreover, we are
maintaining a number of current
exceptions for domestic transportation
that should minimize the compliance
burden on the regulated community.
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 above,
the rule proposes to incorporate changes
into the HMR based on the Fifteenth
revised edition of the UN
Recommendations, Amendment 34 to
the IMDG Code, and the 2009–2010
ICAO TI, which become effective
January 1, 2009. The continually
increasing amount of hazardous
materials transported in international
commerce warrants the harmonization
of domestic and international
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requirements to the greatest extent
possible.
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 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. Initial start-up and inventory
costs would result from these changes;
however, the costs would be offset by
greater long-term savings of
conformance with one set of regulations
and a one-year transition period. A
regulatory evaluation is available for
review in the public docket for this
rulemaking.
jlentini on PROD1PC65 with PROPOSALS2
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
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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, as follows:
(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), (4) 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, 2009. 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
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.
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’’).
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44823
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
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
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.
There are no new information collection
requirements in this notice of proposed
rulemaking.
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G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act
This proposed rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of $132
million or more, adjusted for inflation,
to either State, local or tribal
governments, in the aggregate, or to the
private sector in any one year, and is the
least burdensome alternative that
achieves the objective of the rule.
jlentini on PROD1PC65 with PROPOSALS2
I. Environmental Assessment
The National Environmental Policy
Act, 42 U.S.C. 4321–4375, requires that
federal agencies analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Counsel on
Environmental Quality (CEQ)
regulations order federal agencies to
conduct an environmental review
considering (1) the need for the
proposed action, (2) alternatives to the
proposed action, (3) probable
environmental impacts of the proposed
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. 40 CFR
1508.9(b).
1. Purpose and Need
PHMSA is proposing 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 Transport of Dangerous Goods by
Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods. The amendments are
intended to enhance the safety of
international hazardous materials
transportation through better
understanding of the regulations, an
increased level of industry compliance,
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the smooth flow of hazardous materials
from their points of origin to their
points of destination, and effective
emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet
the definition of a marine pollutant in
all modes of transportation. The
intended effect is to increase the level
of safety associated with the
transportation of substances hazardous
to the marine environment by way of
improved communication of their
presence in transportation and
establishing appropriate requirements
for their packaging. The HMR uses a list
based system designed to help shippers
determine if a material meets the
definition of a marine pollutant.
Recently, the IMO adopted a criteria
based system for identification of
materials hazardous to the marine
environment based on the Globally
Harmonized System of Classification
and Labelling of Chemicals (GHS).
2. Alternatives
In developing this proposed rule, we
considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards
in their entirety.
(3) Adopt most of the international
standards, with certain modifications
based on safety or economic
considerations.
Alternative 1:
Because our goal is to facilitate
uniformity, compliance, commerce and
safety in the transportation of hazardous
materials, we rejected this alternative.
Alternative 2:
Under this alternative, we would
adopt the classification criteria for
marine pollutants in the IMDG Code
consistent with the aquatic toxicity
criteria adopted within the GHS.
However, the new classification system
adopted into the IMDG Code is
complicated and the associated criteria
for classifying mixtures containing
marine pollutants would involve an
additional layer of complexity without a
corresponding public benefit. Therefore,
we are not proposing to require the use
of the new IMDG Code environmental
classification system.
Alternative 3:
Consistency between U.S. and
international regulations helps to assure
the safety of international hazardous
materials transportation through better
understanding of the regulations, an
increased level of industry compliance,
the smooth flow of hazardous materials
from their points of origin to their
points of destination, and effective
emergency response in the event of a
hazardous materials incident. Under
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Alternative 3, we would harmonize the
HMR with international standards to the
extent consistent with U.S. safety and
economic goals. As indicated above, we
would not adopt provisions that, in our
view, do not provide an adequate safety
level. Further, we would provide for
exceptions and extended compliance
periods to minimize the potential
economic impact of any revisions on the
regulated community.
Under this alternative, we would
maintain the current marine pollutant
criteria and list while permitting the use
of the GHS Criteria. If a material not
listed as a marine pollutant in the HMR
meets the definition of a marine
pollutant in accordance with the GHS,
that material may be transported as a
marine pollutant in accordance with the
applicable regulations. Alternative 3 is
the only alternative that addresses, in all
respects, the purpose of this regulatory
action, which is to facilitate the safe and
efficient transportation of hazardous
materials in international commerce.
These actions will provide the greatest
possible harmonization with
international requirements without
posing an undue increased cost burden
on industry. For these reasons,
alternative 3 is our recommended
alternative.
3. Analysis of Environmental Impacts
Hazardous materials are transported
by aircraft, vessel, rail, and highway.
The potential for environmental damage
or contamination exists when packages
of hazardous materials are involved in
accidents or en route incidents resulting
from cargo shifts, valve failures, package
failures, or loading, unloading, or
handling problems. The ecosystems that
could be affected by a release include
air, water, soil, and ecological resources
(for example, wildlife habitats). The
adverse environmental impacts
associated with releases of most
hazardous materials are short-term
impacts that can be greatly reduced or
eliminated through prompt clean-up of
the accident scene. Most hazardous
materials are not transported in
quantities sufficient to cause significant,
long-term environmental damage if they
are released.
The hazardous material regulatory
system is a risk-management system that
is prevention-oriented and focused on
identifying hazards and reducing the
probability and quantity of a hazardous
material release. Amending the
Hazardous Materials Regulations to
maintain alignment with international
standards enhances the safe
transportation of hazardous materials in
domestic and international commerce.
When considering the adoption of
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jlentini on PROD1PC65 with PROPOSALS2
international standards under the HMR,
we review and consider each
amendment on its own merit and assess
their impact on transportation safety
and the environment.
Alternative 1 would maintain the
current marine pollutant classification
system without change. We do not
believe this would result in any
significant impacts on the environment.
Alternative 2 may result in a significant
environmental impact if a material
listed in the current marine pollutant
list does not meet the GHS criteria. The
recommended alternative 3 maintains
the marine pollutant criteria and allows
the voluntary use of the GHS criteria
adopted by the IMDG Code. When a
material meets the criteria under the
GHS criteria but not the HMR, the
material may still be transported under
the applicable requirements for a marine
pollutant. This would communicate the
presence of an environmentally
hazardous material consistent with the
IMDG Code. Conversely, if a listed
marine pollutant does not meet the GHS
criteria, the material must be
transported as a marine pollutant under
the HMR unless approved by the
Associate Administrator. The
recommended alternative 3 would not
result in any significant impact on the
environment.
4. Consultations and Public Comment
On June 22, 2005, November 16, 2005,
June 21, 2006, and November 29, 2006,
PHMSA hosted public meetings with
public and private stakeholders to
discuss draft U.S. positions on the
United Nations’ Sub-Committee of
Experts on the Transport of Dangerous
Goods (UNSCOE) proposals for the
Fifteenth revised edition of the UN
Recommendations on the Transport of
Dangerous Goods Model Regulations. In
addition, PHMSA and the U.S. Coast
Guard hosted a public meeting on
August 29, 2006, and hosted a second
meeting on September 6, 2007, to
discuss amendments to the IMDG Code.
A public meeting was held in October
2007 to discuss amendments to the
ICAO TI. During these public meetings,
U.S. positions on proposed amendments
to the UN Recommendations were
considered and discussed. Positions
were established based on input
received during these meetings in
conjunction with internal review,
including thorough technical review.
We have identified a number of
immediate and long-term actions that
participants in the international
community are taking or will take to
enhance the safe transportation of
hazardous materials. Through this
integrated and cooperative approach, we
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19:51 Jul 30, 2008
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believe we can be most successful in
reducing incidents, enhancing safety,
and protecting the public. We expect to
receive comments from other agencies
and affected members of the regulated
and international communities during
the comment period.
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 (65 FR
19477) or you may visit https://
www.dot.gov/privacy.html.
K. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing any standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States. For
purposes of these requirements, Federal
agencies may participate in the
establishment of international
standards, so long as the standards have
a legitimate domestic objective, such as
providing for safety, and do not operate
to exclude imports that meet this
objective. The statute also requires
consideration of international standards
and, where appropriate, that they be the
basis for U.S. standards. PHMSA
participates in the establishment of
international standards in order to
protect the safety of the American
public, and we have assessed the effects
of the proposed rule to ensure that it
does not exclude imports that meet this
objective. Accordingly, this rulemaking
is consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Incorporation by reference, Labeling,
Markings, Packaging and containers,
Reporting and recordkeeping
requirements.
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49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Radioactive materials,
Reporting and recordkeeping
requirements.
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.
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
entry ‘‘Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions),
2007–2008 Edition’’ is revised;
b. Under the entry ‘‘International
Maritime Organization (IMO)’’ the
entries ‘‘International Maritime
Dangerous Goods Code (IMDG Code),
2006 Edition, Incorporating Amendment
33–06 (English Edition), Volumes 1 and
2,’’ and ‘‘International Convention for
the Safety of Life at Sea (SOLAS)
Amendments 2000, Chapter II–2,
Regulation 19, 2001’’ are revised;
c. Under the entry ‘‘International
Organization for Standardization,’’ the
entries ‘‘ISO 10156:1996, Gases and Gas
Mixtures—Determination of fire
potential and oxidizing ability for the
selection of cylinder valve outlets,
Second edition, May 2005 (E)’’ and ‘‘ISO
10156–2:2005, Gas cylinders—Gases
and gas mixtures—Part 2: Determination
of oxidizing ability of toxic and
corrosive gases and gas mixtures, First
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edition, August 2005, (E)’’ are added in
appropriate numerical order; and
d. Under the entry ‘‘United Nations,’’
the entry ‘‘UN Recommendations on the
Transport of Dangerous Goods,
§ 171.7
Fourteenth revised edition (2005),
Volumes I and II’’ is revised.
The addition and revisions read as
follows:
(a) * * *
(3) Table of material incorporated by
reference. * * *
Source and name of material
*
*
International Civil Aviation Organization (ICAO).
Reference material.
49 CFR reference
*
*
*
*
*
*
*
*
*
Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), 2009–2010 Edition.
International Maritime Organization (IMO).
*
*
*
171.8; 171.22; 171.23; 171.24; 172.202; 172.401; 172.512;
172.602; 173.56; 173.320; 175.33; 178.3.
*
*
*
*
International Convention for the Safety of Life at Sea (SOLAS), Amendments
2002, Chapter II–2/Regulation 19, 2004.
International Maritime Dangerous Goods Code (IMDG Code), 2008 Edition, Incorporating Amendment 34–08 (English Edition), Volumes 1 and 2.
*
176.63, 176.84.
*
*
International Organization for Standardization.
*
*
*
*
*
*
3. In § 171.14, paragraphs (d)
introductory text, (d)(1) and (d)(2)
introductory text are revised to read as
follows:
§ 171.14 Transitional provisions for
implementing certain requirements.
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(d) A final rule published in the
Federal Register on [PUBLICATION
DATE OF FINAL RULE], effective
January 1, 2009, resulted in revisions to
this subchapter.
During the transition period, until
January 1, 2010, 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,
2008, 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
[PUBLICATION DATE OF FINAL
RULE] is January 1, 2009. A delayed
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*
*
*
*
*
*
*
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Fifteenth revised
edition (2007). Volumes I and II.
*
*
*
173.115.
173.115.
*
*
*
171.12; 171.22; 171.23; 172.202; 172.401; 172.502; 173.22;
173.24; 173.24b; 173.40; 173.56; 173.192; 173.197;
173.302b; 173.304b; 178.75; 178.274; 178.801.
*
compliance date of January 1, 2010, is
authorized. Unless otherwise specified,
on and after January 1, 2010, all
applicable regulatory requirements
adopted in the final rule in effect on
January 1, 2009, 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, 2008, or the new
requirements of this subchapter in the
final rule [PUBLICATION DATE OF
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:
*
*
*
*
*
4. In § 171.15, paragraphs (b)(4) and
(b)(5) are revised and a new paragraph
(b)(6) is added to read as follows:
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*
171.22; 171.23; 171.25; 172.101 Appendix B; 172.202;
172.401; 172.502; 172.602; 173.21; 173.56; 176.2; 176.5;
176.11; 176.27; 176.30; 176.84; 178.3.
*
*
*
*
*
ISO 10156:1996, Gases and Gas Mixtures—
Determination of fire potential and oxidizing ability for the selection of cylinder
valve outlets, Second edition, May 2005 (E).
ISO 10156–2:2005, Gas cylinders—Gases and gas mixtures—
Part 2: Determination of oxidizing ability of toxic and corrosive gases and gas
mixtures, First edition, August 2005, (E).
*
United Nations.
*
Sfmt 4702
*
*
§ 171.15 Immediate notice of certain
hazardous materials incidents.
*
*
*
*
*
(b) * * *
(4) A release of a marine pollutant
occurs in a quantity exceeding 450 L
(119 gallons) for a liquid or 400 kg (882
pounds) for a solid;
(5) A situation exists of such a nature
(e.g., a continuing danger to life exists
at the scene of the incident) that, in the
judgment of the person in possession of
the hazardous material, it should be
reported to the NRC even though it does
not meet the criteria of paragraph (b)(1),
(2), (3) or (4) of this section; or
(6) A fire, violent rupture, explosion
or a dangerous evolution of heat occurs
involving electrical devices, such as
batteries or battery-powered devices.
*
*
*
*
*
5. In § 171.16, paragraph (a)(2) is
revised to read as follows:
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§ 171.16 Detailed hazardous materials
incident reports.
(a) * * *
(2) An unintentional release of
hazardous material or the discharge of
any quantity of hazardous waste. For
incidents involving batteries or batterypowered devices, this includes those
incidents resulting in the production of
smoke, sparks, or dangerous evolution
of heat;
*
*
*
*
*
6. In § 171.25, new paragraph (c)(5) is
added to read as follows:
(5) Portable tanks, cargo tanks, and
tank cars containing cryogenic liquids
must be stowed ‘‘on deck’’ regardless of
the stowage authorized in the IMDG
Code. Cargo tanks or tank cars
containing cryogenic liquids may be
stowed one deck below the weather
deck when transported on a trailership
or trainship that is unable to provide
‘‘on deck’’ stowage because of the
vessel’s design. Tank cars must be Class
DOT–113 or AAR–204W tank cars.
*
*
*
*
*
§ 171.25 Additional requirements for the
use of IMDG Code.
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*
*
*
(c) * * *
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*
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44827
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
7. The authority citation for part 172
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
8. In § 172.101, in the Hazardous
Materials Table, in Column (7), remove
‘‘TP12’’ each place it appears.
9. In § 172.101, the Hazardous
Materials Table is amended by
removing, adding and revising entries,
in the appropriate alphabetical
sequence, to read as follows:
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Hazardous materials
descriptions and
proper shipping
names
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+ ....................
+ ....................
(1)
*
*
UN3052 ....
(4)
Identification numbers
*
*
6.1
6.1
*
..................
4.2
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Fuel cell cartridges containing flammable liquids.
Dimethylzinc ...................
*
*
3
4.2
4.2
Chlorosilanes, toxic, corrosive, flammable,
n.o.s.
Diethylzinc ......................
6.1
Chlorosilanes, toxic, corrosive, n.o.s.
*
6.1
Chloronitrobenzene, liquid ortho.
Chloronitrobenzenes,
solid meta or para.
Batteries, dry, not subject to the requirements of this subchapter.
Aluminum alkyls .............
4.2
*
UN3473 ....
*
UN1370 ....
*
UN1366 ....
UN3362 ....
*
UN3361 ....
UN1578 ....
*
UN3409 ....
*
...................
UN3051 ....
UN3076 ....
Aluminum alkyl halides,
solid.
Aluminum alkyl hydrides
UN3461 ....
4.2
Aluminum alkyl halides,
liquid.
[REMOVE].
(3)
Hazard
class or
division
4.2
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
II ...............
I ................
I ................
II ...............
II ...............
II ...............
II ...............
...................
I ................
I ................
I ................
I ................
(5)
PG
*
3 ........................
*
4.2, 4.3 .............
*
4.2, 4.3 .............
6.1, 3, 8 ............
*
6.1, 8 ................
6.1 .....................
*
6.1 .....................
*
130.
4.2, 4.3 .............
4.2, 4.3 .............
4.2, 4.3 .............
*
4.2, 4.3 .............
(6)
Label codes
None .........
*
None .........
153 ...........
*
153 ...........
*
None .........
None .........
None .........
*
None .........
(8A)
Exceptions
*
...................
*
150 ...........
*
*
173, B11,
None .........
B16,
T21,
TP2, TP7.
*
*
173, B11,
None .........
T21,
TP2, TP7.
*
IB1, T11,
TP2,
TP13.
IB1, T11,
TP2,
TP13.
*
IB2, T7,
TP2.
IB8, IP2,
IP4, T3,
TP33.
*
*
173, B9,
B11,
T21,
TP2, TP7.
173, T21,
TP7,
TP33.
173, B9,
B11,
T21,
TP2, TP7.
173, B9,
B11,
T21,
TP2, TP7.
(7)
Special
provisions
(§ 172.102)
230 ...........
181 ...........
181 ...........
202 ...........
202 ...........
212 ...........
202 ...........
181 ...........
181 ...........
181 ...........
181 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE
*
None .........
*
244 ...........
*
244 ...........
243 ...........
*
243 ...........
242 ...........
*
243 ...........
*
244 ...........
244 ...........
244 ...........
*
244 ...........
(8C)
Bulk
*
5 L ............
*
Forbidden
*
Forbidden
1 L ............
*
1 L ............
25 kg ........
*
5 L ............
*
Forbidden
Forbidden
Forbidden
*
Forbidden
(9A)
Passenger
aircraft/rail
60 L ..........
Forbidden
Forbidden
30 L ..........
30 L ..........
100 kg ......
60 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
(9B)
Cargo aircraft only
(9)
Quantity
limitations
A.
D ...............
D ...............
C ...............
C ...............
A.
A.
D.
D.
D ...............
D ...............
(10A)
Location
(10B)
Other
18
18
40, 125
40
134
134
(10)
Vessel
stowage
44828
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
VerDate Aug<31>2005
20:54 Jul 30, 2008
Jkt 214001
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Frm 00027
Fmt 4701
Sfmt 4702
E:\FR\FM\31JYP2.SGM
31JYP2
Batteries, dry, sealed,
n.o.s.
[ADD].
Xenon .............................
Trinitrotoluene, wetted
with not less than 30
percent water, by
mass.
Trinitrophenol, wetted
with not less than 30
percent water, by
mass.
Pentaerythrite tetranitrate
mixture, desensitized,
solid, n.o.s. with more
than 10 percent but
not more than 20 percent PETN, by mass.
Nitric acid other than red
fuming, with not more
than 70 percent nitric
acid.
Magnesium diphenyl ......
Magnesium alkyls ..........
Lithium alkyls, solid ........
Lithium alkyls, liquid .......
Hypochlorite solutions ....
Hydrogen in a metal hydride storage system.
jlentini on PROD1PC65 with PROPOSALS2
2.2
4.1
4.1
4.1
8
4.2
4.2
4.2
4.2
8
2.1
*
..................
*
*
*
*
*
*
*
*
*
*
*
*
...................
*
*
UN2036 ....
*
UN1356 ....
*
UN1344 ....
*
UN3344 ....
*
UN2031 ....
*
UN2005 ....
*
UN3053 ....
UN3433 ....
*
UN2445 ....
*
UN1791 ....
*
UN3468 ....
...................
...................
I ................
I ................
II ...............
II ...............
I ................
I ................
I ................
I ................
II ...............
...................
*
...........................
*
*
2.2 .....................
*
4.1 .....................
*
4.1 .....................
*
4.1 .....................
*
8 ........................
*
4.2 .....................
*
4.2, 4.3 .............
4.2, 4.3 .............
*
4.2, 4.3 .............
*
8 ........................
*
2.1 .....................
*
154 ...........
*
None .........
*
None .........
*
None .........
*
None .........
*
130.
*
*
...................
*
*
*
306 ...........
*
*
23, A2, A8, None .........
A19, N41.
*
*
23, A8,
None .........
A19, N41.
*
118, N85 ...
*
A6, B2,
B47,
B53, IB2,
T8, TP2,
TP12.
*
173, T21,
TP7,
TP33.
*
*
B11, T21,
None .........
TP2, TP7.
*
*
173, B11,
None .........
T21,
TP2, TP7.
173, B11,
None .........
T21,
TP7,
TP33.
*
A7, B2,
B15, IB2,
IP5, N34,
T7, TP2,
TP24.
*
167 ...........
302 ...........
211 ...........
211 ...........
214 ...........
158 ...........
187 ...........
181 ...........
181 ...........
181 ...........
202 ...........
214 ...........
*
*
*
None .........
*
None .........
*
None .........
*
None .........
*
242 ...........
*
244 ...........
*
244 ...........
244 ...........
*
244 ...........
*
242 ...........
*
None .........
*
*
*
75 kg ........
*
0.5 kg .......
*
1 kg ..........
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
Forbidden
*
Forbidden
*
1 L ............
*
Forbidden
150 kg ......
0.5 kg .......
15 kg ........
Forbidden
30 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
30 L ..........
100 kg
gross.
A.
E ...............
E ...............
E.
D ...............
C.
D ...............
D.
D.
B ...............
D.
28
28, 36
44, 66, 89,
90, 110,
111
18
26
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44829
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
+ ....................
PO 00000
Frm 00028
Fmt 4701
Sfmt 4702
Fuel cell cartridges or
Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with
equipment, containing
corrosive substances.
Fuel cell cartridges or
Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with
equipment, containing
flammable liquids.
Fuel cell cartridges or
Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with
equipment, containing
hydrogen in metal hydride.
Chlorosilanes, toxic, corrosive, n.o.s.
Chlorosilanes, toxic, corrosive, flammable,
n.o.s.
Chlorosilanes, corrosive,
flammable, n.o.s.
Chloronitrobenzenes, liquid.
Chloronitrobenzenes,
solid.
(1)
+ ....................
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
(3)
*
UN3477 ....
UN3361 ....
*
UN3362 ....
*
UN2986 ....
UN1578 ....
*
UN3409 ....
(4)
Identification numbers
E:\FR\FM\31JYP2.SGM
UN3479 ....
3
2.1
UN3473 ....
8
6.1
6.1
8
6.1
6.1
Hazard
class or
division
...................
...................
...................
II ...............
II ...............
II ...............
II ...............
II ...............
(5)
PG
2.1 .....................
3 ........................
*
8 ........................
6.1, 8 ................
*
6.1, 3, 8 ............
*
8, 3 ...................
6.1 .....................
*
6.1 .....................
(6)
Label codes
...................
...................
*
...................
*
T14, TP2,
TP7,
TP13,
TP27.
T14, TP2,
TP7,
TP13,
TP27.
*
T14, TP2,
TP7,
TP13,
TP27.
*
IB2, T7,
TP2.
IB8, IP2,
IP4, T3,
TP33.
(7)
Special
provisions
(§ 172.102)
230 ...........
230 ...........
*
230 ...........
None .........
*
None .........
*
None .........
153 ...........
*
153 ...........
(8A)
Exceptions
230 ...........
230 ...........
230 ...........
206 ...........
206 ...........
206 ...........
212 ...........
202 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
230 ...........
230 ...........
*
230 ...........
243 ...........
*
243 ...........
*
243 ...........
242 ...........
*
243 ...........
(8C)
Bulk
1 kg ..........
5 kg ..........
*
5 kg ..........
1 L ............
*
1 L ............
*
1 L ............
25 kg ........
*
5 L ............
(9A)
Passenger
aircraft/rail
15 kg ........
50 kg ........
50 kg ........
30 L ..........
30 L ..........
30 L ..........
100 kg ......
60 L ..........
(9B)
Cargo aircraft only
(9)
Quantity
limitations
B.
A.
A.
C ...............
C ...............
C ...............
A.
A.
(10A)
Location
(10B)
Other
40
40, 125
40
(10)
Vessel
stowage
44830
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
31JYP2
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
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E:\FR\FM\31JYP2.SGM
Nitric acid other than red
fuming, with at least
65 percent, but not
more than 70 percent
nitric acid.
Nitric acid, other than red
fuming, with less than
65 percent nitric acid.
Hypochlorite solutions ....
1-Hydroxybenzotriazole,
anhydrous, dry or
wetted with less than
20 percent water, by
mass.
1-Hydroxybenzotriazole,
anhydrous, wetted,
with not less than 20
percent water, by
mass.
Hydrogen in a metal hydride storage system
or Hydrogen in a metal
hydride storage system contained in
equipment or Hydrogen in a metal hydride
storage system packed
with equipment.
Fuel cell cartridges or
Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with
equipment, containing
liquefied flammable
gas.
Fuel cell cartridges or
Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with
equipment, containing
water-reactive substances.
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
UN2031 ....
*
UN1791 ....
UN3474 ....
*
UN0508 ....
*
UN3468 ....
UN3476 ....
UN3478 ....
31JYP2
UN2031 ....
8
8
4.1
1.3C
2.1
4.3
2.1
8
II ...............
II ...............
III ..............
II ...............
I ................
...................
...................
...................
...................
8 ........................
*
8, 5.1 ................
8 ........................
*
8 ........................
4.1 .....................
*
1.3C ..................
*
2.1 .....................
4.3 .....................
2.1 .....................
*
A6, B2,
B47,
B53, IB2,
IP15, T8,
TP2.
A6, B2,
B47,
B53, IB2,
IP15, T8,
TP2.
*
A7, B2,
B15, IB2,
IP5, N34,
T7, TP2,
TP24.
IB3, N34,
T4, TP2,
TP24.
162, N90 ...
*
...................
*
167 ...........
...................
...................
None .........
*
None .........
154 ...........
*
154 ...........
None .........
*
None .........
*
None .........
230 ...........
230 ...........
158 ...........
158 ...........
203 ...........
202 ...........
211 ...........
62 .............
214 ...........
230 ...........
230 ...........
242 ...........
*
242 ...........
241 ...........
*
242 ...........
None .........
*
None .........
*
None .........
230 ...........
230 ...........
Forbidden
*
Forbidden
5 L ............
*
1 L ............
0.5 kg .......
*
Forbidden
*
Forbidden
5 kg ..........
1 kg ..........
30 L ..........
30 L ..........
60 L ..........
30 L ..........
0.5 kg .......
Forbidden
100 kg
gross.
50 kg ........
15 kg ........
D ...............
D ...............
B ...............
B ...............
D ...............
10.
D ...............
A.
B.
44, 66, 89,
90, 110,
111
66, 74, 89,
90
26
26
28, 36
40
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44831
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
20:54 Jul 30, 2008
D ...................
(1)
Jkt 214001
PO 00000
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Fmt 4701
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E:\FR\FM\31JYP2.SGM
31JYP2
Allyltrichlorosilane, stabilized.
[REVISE].
Xenon, compressed .......
Trinitrotoluene, wetted or
TNT, wetted, with not
less than 30 percent
water by mass.
Trinitrophenol, wetted or
Picric acid, wetted,
with not less than 30
percent water by mass.
Signals, smoke ...............
Signals, distress, ship ....
Signals, distress, ship ....
Powder, smokeless ........
Pentaerythrite tetranitrate
mixture, desensitized,
solid, n.o.s. or Pentaerythritol tetranitrate
mixture, desensitized,
solid, n.o.s. or PETN
mixture, desensitized,
solid, n.o.s., with more
than 10 percent but
not more than 20 percent PETN, by mass.
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
*
*
4.1
8
2.2
4.1
4.1
1.4S
1.4G
1.4S
1.4C
(3)
Hazard
class or
division
*
UN1724 ....
*
*
UN2036 ....
*
UN1356 ....
*
UN1344 ....
*
UN0507 ....
*
UN0505 ....
UN0506 ....
*
UN0509 ....
*
UN3344 ....
(4)
Identification numbers
II ...............
...................
I ................
I ................
...................
...................
...................
...................
II ...............
(5)
PG
*
8, 3 ...................
*
*
2.2 .....................
*
4.1 .....................
*
4.1 .....................
*
1.4S ..................
*
1.4G ..................
1.4S ..................
*
1.4C ..................
*
4.1 .....................
(6)
Label codes
*
None .........
*
None .........
None .........
*
None .........
*
None .........
(8A)
Exceptions
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
*
...................
*
None .........
*
*
306, 307 ...
*
*
23, A2, A8, None .........
A19, N41.
*
*
23, A8,
None .........
A19, N41.
*
...................
*
...................
...................
*
...................
*
118, N85 ...
(7)
Special
provisions
(§ 172.102)
206 ...........
302 ...........
211 ...........
211 ...........
62 .............
62 .............
62 .............
62 .............
214 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
243 ...........
*
*
None .........
*
None .........
*
None .........
*
None .........
*
None .........
None .........
*
None .........
*
None .........
(8C)
Bulk
*
Forbidden
*
*
75 kg ........
*
0.5 kg .......
*
1 kg ..........
*
25 kg ........
*
Forbidden
25 kg ........
*
Forbidden
*
Forbidden
(9A)
Passenger
aircraft/rail
30 L ..........
150 kg ......
0.5 kg .......
15 kg ........
100 kg ......
75 kg ........
100 kg ......
Forbidden
Forbidden
(9B)
Cargo aircraft only
(9)
Quantity
limitations
C ...............
A.
E ...............
E ...............
05.
06.
05.
A.
E.
(10A)
Location
(10B)
Other
40
28, 36
28, 36
(10)
Vessel
stowage
44832
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
VerDate Aug<31>2005
20:54 Jul 30, 2008
Jkt 214001
PO 00000
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E:\FR\FM\31JYP2.SGM
31JYP2
Chlorosilanes, corrosive,
n.o.s.
Chlorophenyltrichlorosilane.
Chloroacetic acid, solid ..
Chlorine ..........................
Calcium manganese silicon.
1,4-Butynediol ................
Butyltrichlorosilane .........
Boron trifluoride ..............
Batteries, dry, containing
potassium hydroxide
solid, electric, storage.
Batteries, wet, filled with
acid, electric storage.
Batteries, wet, filled with
alkali, electric storage.
Batteries, wet, non-spillable, electric storage.
Argon, compressed ........
Amyltrichlorosilane .........
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
*
*
*
UN2794 ....
*
UN3028 ....
*
UN1006 ....
*
UN1728 ....
8
8
6.1
2.3
4.3
6.1
8
2.3
*
UN2987 ....
UN1753 ....
*
UN1751 ....
*
UN1017 ....
*
UN2844 ....
*
UN2716 ....
*
UN1747 ....
*
UN1008 ....
UN2800 ....
8
8
UN2795 ....
8
8
2.2
8
II ...............
II ...............
II ...............
...................
III ..............
III ..............
II ...............
...................
III ..............
III ..............
III ..............
III ..............
...................
II ...............
*
8 ........................
8 ........................
*
6.1, 8 ................
*
2.3, 5.1, 8 .........
*
4.3 .....................
*
6.1 .....................
*
8, 3 ...................
*
2.3, 8 ................
8 ........................
8 ........................
8 ........................
*
8 ........................
*
2.2 .....................
*
8 ........................
*
None .........
*
None .........
*
None .........
159a .........
159 ...........
159 ...........
*
None .........
*
306, 307 ...
*
None .........
*
None .........
*
B2, T14,
TP2,
TP7,
TP13,
TP27.
*
None .........
*
*
A3, A7,
153 ...........
IB8, IP2,
IP4, N34,
T3, TP33.
A7, B2, B6, None .........
N34,
T10,
TP2, TP7.
*
2, B9, B14,
N86,
T50,
TP19.
*
*
A1, A19,
151 ...........
IB8, IP4,
T1, TP33.
*
A1, IB8,
IP3, T1,
TP33.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
2, B9, B14
...................
...................
...................
*
237 ...........
*
...................
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
242 ...........
*
314, 315 ...
*
241 ...........
*
240 ...........
*
243 ...........
*
314, 315 ...
159 ...........
159 ...........
159 ...........
*
None .........
*
314, 315 ...
*
242 ...........
*
242 ...........
206 ...........
206 ...........
242 ...........
212 ...........
304 ...........
213 ...........
213 ...........
206 ...........
302 ...........
159 ...........
159 ...........
159 ...........
213 ...........
302 ...........
206 ...........
*
1 L ............
Forbidden
*
15 kg ........
*
Forbidden
*
25 kg ........
*
100 kg ......
*
Forbidden
*
Forbidden
No limit .....
30 kg gross
30 kg gross
*
25 kg gross
*
75 kg ........
*
Forbidden
30 L ..........
30 L ..........
50 kg ........
Forbidden
100 kg ......
200 kg ......
30 L ..........
Forbidden
No limit.
No limit .....
No limit .....
230 kg
gross.
150 kg ......
30 L ..........
C ...............
C ...............
C ...............
D ...............
A ...............
C ...............
C ...............
D ...............
A ...............
A ...............
A ...............
A.
C ...............
40
40
40
40, 51, 55,
62, 68,
89, 90
52, 85, 103
52, 53, 70
40
40
52, 146
146
52
40
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44833
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
(1)
20:58 Jul 30, 2008
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E:\FR\FM\31JYP2.SGM
31JYP2
Dichlorophenyltrichlorosilane.
Dichloroisocyanuric acid,
dry or
Dichloroisocyanuric
acid salts.
Dibenzyldichlorosilane ...
Cyclohexyltrichlorosilane
Cyclohexenyltrichlorosilane.
Chromium trioxide, anhydrous.
Chlorosilanes, water- reactive, flammable, corrosive, n.o.s.
Chlorosilanes, flammable, corrosive, n.o.s.
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
(3)
3
8
5.1
8
8
8
5.1
4.3
Hazard
class or
division
*
UN1766 ....
*
UN2465 ....
*
UN2434 ....
*
UN1763 ....
*
UN1762 ....
*
UN1463 ....
*
UN2988 ....
UN2985 ....
(4)
Identification numbers
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
I ................
II ...............
(5)
PG
*
8 ........................
*
5.1 .....................
*
8 ........................
*
8 ........................
*
8 ........................
*
5.1, 6.1, 8 .........
*
4.3, 3, 8 ............
3, 8 ...................
(6)
Label codes
*
154 ...........
*
None .........
*
None .........
*
None .........
*
None .........
None .........
(8A)
Exceptions
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
None .........
*
*
28, IB8,
152 ...........
IP2, IP4,
T3, TP33.
*
B2, T10,
TP2,
TP7,
TP13.
*
A7, B2,
N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2,
N34,
T10,
TP2,
TP7,
TP13.
*
IB8, IP2,
IP4, T3,
TP33.
*
A2, T14,
TP2,
TP7,
TP13.
T14, TP2,
TP7,
TP13,
TP27.
(7)
Special
provisions
(§ 172.102)
206 ...........
212 ...........
206 ...........
206 ...........
206 ...........
212 ...........
201 ...........
206 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
242 ...........
*
240 ...........
*
242 ...........
*
242 ...........
*
242 ...........
*
242 ...........
*
244 ...........
243 ...........
(8C)
Bulk
*
Forbidden
*
5 kg ..........
*
1 L ............
*
Forbidden
*
Forbidden
*
5 kg ..........
*
Forbidden
1 L ............
(9A)
Passenger
aircraft/rail
30 L ..........
25 kg ........
30 L ..........
30 L ..........
30 L ..........
25 kg ........
1 L ............
5 L ............
(9B)
Cargo aircraft only
(9)
Quantity
limitations
C ...............
A ...............
C ...............
C ...............
C ...............
A.
D ...............
B ...............
(10A)
Location
(10B)
Other
40
13
40
40
40
21, 28, 40,
49, 100
40
(10)
Vessel
stowage
44834
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VerDate Aug<31>2005
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Environmentally hazardous substance, liquid, n.o.s.
Fmt 4701
Sfmt 4702
G ...................
E:\FR\FM\31JYP2.SGM
31JYP2
Ethyltrichlorosilane .........
Ethylphenyldichlorosilane
Ethyldichlorosilane .........
Environmentally hazardous substance,
solid, n.o.s.
G ...................
Dodecyltrichlorosilane ....
Diphenyldichlorosilane ...
Dimethyldichlorosilane ...
Diethyldichlorosilane ......
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
*
3
8
4.3
9
9
8
8
3
8
*
UN1196 ....
*
UN2435 ....
*
UN1183 ....
UN3077 ....
*
UN3082 ....
*
UN1771 ....
*
UN1769 ....
*
UN1162 ....
*
UN1767 ....
II ...............
II ...............
I ................
III ..............
III ..............
II ...............
II ...............
II ...............
II ...............
*
3, 8 ...................
*
8 ........................
*
4.3, 8, 3 ............
9 ........................
*
9 ........................
*
8 ........................
*
8 ........................
*
3, 8 ...................
*
8, 3 ...................
*
None .........
*
None .........
*
None .........
*
None .........
*
A7, N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2,
N34,
T10,
TP2,
TP7,
TP13.
*
A2, A3, A7,
N34,
T14,
TP2,
TP7,
TP13.
*
None .........
*
None .........
*
None .........
*
*
8, 146,
155 ...........
335, IB3,
T4, TP1,
TP29.
8, 146,
155 ...........
335,
B54, IB8,
IP3, N20,
T1, TP33.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2,
N34,
T10,
TP2,
TP7,
TP13.
*
B77, T10,
TP2,
TP7,
TP13.
*
A7, B6,
N34,
T10,
TP2,
TP7,
TP13.
206 ...........
206 ...........
201 ...........
213 ...........
203 ...........
206 ...........
206 ...........
206 ...........
206 ...........
*
243 ...........
*
242 ...........
*
244 ...........
240 ...........
*
241 ...........
*
242 ...........
*
242 ...........
*
243 ...........
*
243 ...........
*
1 L ............
*
Forbidden
*
Forbidden
No limit .....
*
No limit .....
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
5 L ............
30 L ..........
1 L ............
No limit .....
No limit .....
30 L ..........
30 L ..........
Forbidden
30 L ..........
B ...............
C.
D ...............
A.
A.
C ...............
C ...............
B ...............
C ...............
40
21, 28, 40,
49, 100
40
40
40
40
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44835
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
Gasohol gasoline mixed
with ethyl alcohol, with
not more than 10% alcohol.
Gasoline includes gasoline mixed with ethyl
alcohol, with not more
than 10% alcohol.
(1)
D ...................
PO 00000
Frm 00034
Fmt 4701
Sfmt 4702
E:\FR\FM\31JYP2.SGM
31JYP2
*
*
*
*
*
*
*
*
*
(3)
3
3
5.1
5.1
2.2
2.3
8
8
2.2
Hazard
class or
division
3
Magnesium nitrate .........
Magnesium bromate ......
Krypton, compressed .....
Hydrogen iodide, anhydrous.
Hexyltrichlorosilane ........
Hexadecyltrichlorosilane
Helium, compressed ......
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
6.1
6.1
Medicine, liquid, flammable, toxic, n.o.s.
Medicine, liquid, toxic,
n.o.s.
Medicine, solid, toxic,
n.o.s.
UN3249 ....
UN1851 ....
*
UN3248 ....
*
UN1474 ....
*
UN1473 ....
*
UN1056 ....
*
UN2197 ....
*
UN1784 ....
*
UN1781 ....
*
UN1046 ....
UN1203 ....
*
NA1203 ....
(4)
Identification numbers
*
3, 6.1 ................
3, 6.1 ................
6.1 .....................
6.1 .....................
6.1 .....................
III ..............
II ...............
III ..............
II ...............
*
5.1 .....................
*
5.1 .....................
*
2.2 .....................
*
2.3, 8 ................
*
8 ........................
*
8 ........................
*
2.2 .....................
3 ........................
*
3 ........................
(6)
Label codes
II ...............
III ..............
II ...............
...................
...................
II ...............
II ...............
...................
II ...............
II ...............
(5)
PG
*
None .........
*
None .........
*
306, 307 ...
150 ...........
*
150 ...........
(8A)
Exceptions
*
306, 307 ...
...................
T3, TP33 ..
IB3 ............
...................
*
IB2 ............
153 ...........
153 ...........
150 ...........
153 ...........
*
150 ...........
*
*
332, A1,
152 ...........
IB8, IP3,
T1, TP33.
*
*
A1, IB8,
152 ...........
IP2, IP4,
T3, TP33.
*
...................
*
*
3, B14,
None .........
N86, N89.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
...................
144, 177,
B1, B33,
T8.
*
144, 177 ...
(7)
Special
provisions
(§ 172.102)
203 ...........
212 ...........
203 ...........
202 ...........
202 ...........
213 ...........
212 ...........
302 ...........
304 ...........
206 ...........
206 ...........
302 ...........
202 ...........
202 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
241 ...........
None .........
None .........
243 ...........
*
None .........
*
240 ...........
*
242 ...........
*
None .........
*
314, 315 ...
*
242 ...........
*
242 ...........
*
302, 314 ...
242 ...........
*
242 ...........
(8C)
Bulk
5 L ............
5 kg ..........
5 L ............
5 L ............
*
1 L ............
*
25 kg ........
*
5 kg ..........
*
75 kg ........
*
Forbidden
*
Forbidden
*
Forbidden
*
75 kg ........
5 L ............
*
5 L ............
(9A)
Passenger
aircraft/rail
5 L ............
5 kg ..........
5 L ............
5 L ............
5 L ............
100 kg ......
25 kg ........
150 kg ......
Forbidden
30 L ..........
30 L ..........
150 kg ......
60 L ..........
60 L ..........
(9B)
Cargo aircraft only
(9)
Quantity
limitations
C ...............
C ...............
A.
C ...............
B ...............
A.
A ...............
A.
D ...............
C ...............
C ...............
A.
E.
E.
(10A)
Location
(10B)
Other
40
40
40
40
56, 58
40
40
40
(10)
Vessel
stowage
44836
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VerDate Aug<31>2005
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E:\FR\FM\31JYP2.SGM
31JYP2
Nitrocellulose, solution,
flammable with not
more than 12.6 percent nitrogen, by
mass, and not more
than 55 percent nitrocellulose.
Nitrocellulose, with not
more than 12.6 percent, by dry mass mixture with or without
plasticizer, with or
without pigment.
Nitrites, inorganic, n.o.s.
Neon, compressed .........
Methyltrichlorosilane ......
Methylphenyldichlorosilane.
Methyldichlorosilane .......
Methyl Chloromethyl
Ether.
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
*
3
4.1
5.1
2.2
3
8
4.3
6.1
*
UN2059 ....
*
UN2557 ....
*
UN2627 ....
*
UN1065 ....
*
UN1250 ....
*
UN2437 ....
*
UN1242 ....
*
UN1239 ....
*
3 ........................
*
4.1 .....................
*
5.1 .....................
*
2.2 .....................
*
3, 8 ...................
*
8 ........................
*
4.3, 8, 3 ............
*
6.1, 3 ................
6.1 .....................
3 ........................
3 ........................
I ................
II ...............
II ...............
...................
II ...............
II ...............
I ................
I ................
III ..............
II ...............
III ..............
*
306, 307 ...
*
None .........
*
None .........
*
None .........
*
None .........
153 ...........
198, IB2,
T4, TP1,
TP8.
198, B1,
IB3, T2,
TP1.
*
198, T11,
TP1,
TP8,
TP27.
*
44 .............
150 ...........
150 ...........
*
None .........
*
151 ...........
*
*
33, IB8,
152 ...........
IP2, IP4,
T3, TP33.
*
...................
*
A7, B6,
B77,
N34,
T10,
TP2,
TP7,
TP13.
*
T10, TP2,
TP7,
TP13.
*
A2, A3, A7,
B6, B77,
N34,
T14,
TP2,
TP7,
TP13.
*
1, B9, B14,
B30,
B72,
T22,
TP2,
TP13,
TP38,
TP44.
T1, TP33 ..
203 ...........
202 ...........
201 ...........
212 ...........
212 ...........
302 ...........
206 ...........
206 ...........
201 ...........
226 ...........
213 ...........
242 ...........
242 ...........
*
243 ...........
*
None .........
*
None .........
*
None .........
*
243 ...........
*
242 ...........
*
243 ...........
*
244 ...........
None .........
60 L ..........
5 L ............
*
1 L ............
*
1 kg ..........
*
5 kg ..........
*
75 kg ........
*
1L .............
*
1 L ............
*
Forbidden
*
Forbidden
5 kg ..........
220 L ........
60 L ..........
30 L ..........
15 kg ........
25 kg ........
150 kg ......
5 L ............
30 L ..........
1 L ............
Forbidden
5 kg ..........
A.
B.
E.
D ...............
A ...............
A.
B ...............
C ...............
D ...............
D ...............
C ...............
28, 36
46, 56, 58,
133
40
40
21, 28, 40,
49, 100
40
40
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44837
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
(1)
19:51 Jul 30, 2008
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E:\FR\FM\31JYP2.SGM
31JYP2
Octyltrichlorosilane .........
Octadecyltrichlorosilane
Nonyltrichlorosilane ........
Nitrostarch, wetted with
not less than 20 percent water, by mass.
4-Nitrophenylhydrazine,
with not less than 30
percent water, by
mass.
Nitroguanidine, wetted or
Picrite, wetted with not
less than 20 percent
water, by mass.
Nitrocellulose with alcohol with not less than
25 percent alcohol by
mass, and with not
more than 12.6 percent nitrogen, by dry
mass.
Nitrocellulose with water
with not less than 25
percent water by mass.
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
*
*
(3)
8
8
8
4.1
4.1
4.1
4.1
4.1
Hazard
class or
division
*
UN1801 ....
*
UN1800 ....
*
UN1799 ....
*
UN1337 ....
*
UN3376 ....
*
UN1336 ....
UN2555 ....
*
UN2556 ....
(4)
Identification numbers
II ...............
II ...............
II ...............
I ................
I ................
I ................
II ...............
II ...............
(5)
PG
*
8 ........................
*
8 ........................
*
8 ........................
*
4.1 .....................
*
4.1 .....................
*
4.1 .....................
4.1 .....................
*
4.1 .....................
(6)
Label codes
151 ...........
*
151 ...........
(8A)
Exceptions
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
None .........
*
None .........
*
None .........
*
*
23, A8,
None .........
A19,
A20, N41.
*
*
162, A8,
None .........
A19,
A20, N41.
*
*
23, A8,
None .........
A19,
A20, N41.
...................
*
...................
(7)
Special
provisions
(§ 172.102)
206 ...........
206 ...........
206 ...........
211 ...........
211 ...........
211 ...........
212 ...........
212 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
242 ...........
*
242 ...........
*
242 ...........
*
None .........
*
None .........
*
None .........
None .........
*
None .........
(8C)
Bulk
*
Forbidden
*
Forbidden
*
Forbidden
*
1 kg ..........
*
Forbidden
*
1 kg ..........
15 kg ........
*
1 kg ..........
(9A)
Passenger
aircraft/rail
30 L ..........
30 L ..........
30 L ..........
15 kg ........
15 kg ........
15 kg ........
50 kg ........
15 kg ........
(9B)
Cargo aircraft only
(9)
Quantity
limitations
C ...............
C ...............
C ...............
E ...............
E ...............
E ...............
E ...............
D ...............
(10A)
Location
(10B)
Other
40
40
40
28, 36
28, 36
28, 36
28, 36
28, 36
(10)
Vessel
stowage
44838
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
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E:\FR\FM\31JYP2.SGM
Oxidizing solid, self-heating, n.o.s.
Oxidizing solid, flammable, n.o.s.
Oxidizing solid, n.o.s ......
Oxidizing solid, corrosive, n.o.s.
Oxidizing liquid, toxic,
n.o.s.
Oxidizing liquid, n.o.s .....
Oxidizing liquid, corrosive, n.o.s.
Organometallic substance, liquid, waterreactive, flammable.
31JYP2
Oxidizing solid, water-reactive, n.o.s.
G ...................
G ...................
Paint or Paint related
material.
Oxidizing solid, toxic,
n.o.s.
G ...................
G ...................
G ...................
G ...................
G ...................
G ...................
G ...................
G ...................
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
8
5.1
5.1
5.1
5.1
5.1
5.1
5.1
5.1
5.1
4.3
*
UN3066 ....
UN3121 ....
UN3087 ....
UN3100 ....
UN1479 ....
UN3137 ....
UN3085 ....
UN3099 ....
UN3139 ....
*
UN3098 ....
*
UN3399 ....
*
4.3, 3 ................
5.1, 8 ................
III ..............
5.1 .....................
5.1, 6.1 .............
III ..............
5.1 .....................
III ..............
5.1, 4.2 .............
5.1 .....................
II ...............
5.1, 6.1 .............
II ...............
III ..............
II ...............
*
8 ........................
5.1, 4.3 .............
5.1, 6.1 .............
II ...............
I ................
...................
5.1, 4.2 .............
5.1, 6.1 .............
I ................
5.1 .....................
5.1, 4.1 .............
5.1, 8 ................
I ................
I ................
III ..............
5.1, 8 ................
II ...............
III ..............
5.1, 8 ................
5.1, 6.1 .............
II ...............
I ................
5.1, 6.1 .............
I ................
5.1 .....................
II ...............
5.1 .....................
5.1, 8 ................
II ...............
I ................
*
5.1, 8 ................
I ................
4.3, 3 ................
II ...............
III ..............
4.3, 3 ................
I ................
*
B2, IB2,
T7, TP2,
TP28.
62, IB6,
IP2, T3,
TP33.
62, IB8,
IP3, T1,
TP33.
62 .............
62 .............
62 .............
62, IB5,
IP1.
62, IB8,
IP2, IP4,
T3, TP33.
62, IB8,
IP3, T1,
TP33.
62 .............
62, IB6,
IP2, T3,
TP33.
62, IB8,
IP3, T1,
TP33.
62 .............
62 .............
62, IB2 ......
62, IB1 ......
62, 127,
A2, A6.
62, 127,
A2, IB2.
62, 127,
A2, IB2.
62, A6 .......
62, IB2 ......
62, IB1 ......
*
62, A6 .......
IB1, IP2,
T7, TP2,
TP7.
IB2, IP4,
T7, TP2,
TP7.
*
T13, TP2,
TP7.
*
154 ...........
None .........
152 ...........
152 ...........
None .........
None .........
None .........
152 ...........
152 ...........
None .........
None .........
152 ...........
None .........
None .........
152 ...........
152 ...........
None .........
152 ...........
152 ...........
None .........
152 ...........
None .........
*
None .........
None .........
None .........
*
None .........
173 ...........
214 ...........
213 ...........
212 ...........
214 ...........
211 ...........
214 ...........
213 ...........
212 ...........
211 ...........
214 ...........
213 ...........
212 ...........
211 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
*
242 ...........
214 ...........
240 ...........
242 ...........
214 ...........
242 ...........
214 ...........
240 ...........
240 ...........
242 ...........
214 ...........
240 ...........
242 ...........
242 ...........
242 ...........
243 ...........
244 ...........
241 ...........
242 ...........
243 ...........
242 ...........
243 ...........
*
244 ...........
242 ...........
243 ...........
*
244 ...........
*
1 L ............
Forbidden
25 kg ........
5 kg ..........
Forbidden
1 kg ..........
Forbidden
25 kg ........
5 kg ..........
1 kg ..........
Forbidden
25 kg ........
5 kg ..........
1 kg ..........
2.5 L .........
1 L ............
Forbidden
2.5 L .........
1 L ............
Forbidden
2.5 L .........
1 L ............
*
Forbidden
5 L ............
1 L ............
*
Forbidden
30 L ..........
Forbidden.
100 kg ......
25 kg ........
Forbidden.
15 kg ........
Forbidden.
100 kg ......
25 kg ........
15 kg ........
Forbidden.
100 kg ......
25 kg ........
15 kg ........
30 L ..........
5 L ............
2.5 L .........
30 L ..........
5 L ............
2.5 L .........
30 L ..........
5 L ............
2.5 L .........
60 L ..........
5 L ............
1 L ............
A ...............
B ...............
B ...............
D ...............
B ...............
B ...............
D ...............
B ...............
B ...............
D ...............
B ...............
B ...............
D ...............
B ...............
B ...............
D ...............
B ...............
B ...............
D ...............
E ...............
D ...............
D ...............
40
56, 58, 95,
106, 138
56, 58,
106, 138
56, 58, 95,
106, 138
56, 58,
106, 138
56, 58,
106, 138
56, 58,
106, 138
13, 56, 58,
106, 138
34, 56, 58,
106, 138
34, 56, 58,
106, 138
56, 58,
106, 138
56, 58,
106, 138
56, 58,
106, 138
56, 58,
106, 138
56, 58, 95,
106, 138
56, 58, 95,
106, 138
13, 56, 58,
106, 138
13, 34, 56,
58, 106,
138
13, 34, 56,
58, 106,
138
40, 52
40, 52
40, 52
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44839
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
19:51 Jul 30, 2008
(1)
Jkt 214001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4702
5.1
5.1
9
8
E:\FR\FM\31JYP2.SGM
31JYP2
Propyltrichlorosilane .......
Potassium persulfate .....
Potassium permanganate.
*
*
8
5.1
5.1
5.1
Potassium nitrite ............
*
5.1
*
*
*
*
*
(3)
Hazard
class or
division
Potassium nitrate and
sodium nitrite mixtures.
Potassium chlorate ........
Potassium bromate ........
Polychlorinated
biphenyls, solid.
Phenyltrichlorosilane ......
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
UN1816 ....
*
UN1492 ....
*
UN1490 ....
UN1488 ....
*
UN1487 ....
*
UN1485 ....
*
UN1484 ....
*
UN3432 ....
*
UN1804 ....
(4)
Identification numbers
(6)
Label codes
II ...............
III ..............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
*
8, 3 ...................
*
5.1 .....................
*
5.1 .....................
5.1 .....................
*
5.1 .....................
*
5.1 .....................
*
5.1 .....................
*
9 ........................
*
8 ........................
III ..............
II ...............
8 ........................
(5)
PG
*
152 ...........
*
152 ...........
*
155 ...........
*
None .........
154 ...........
(8A)
Exceptions
*
152 ...........
*
A7, B2, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
None .........
*
*
A1, A29,
152 ...........
IB8, IP3,
T1, TP33.
*
IB8, IP2,
IP4, T3,
TP33.
*
*
B78, IB8,
152 ...........
IP2, IP4,
T3, TP33.
IB8, IP2,
152 ...........
IP4, T3,
TP33.
*
A9, IB8,
IP2, IP4,
N34, T3,
TP33.
*
IB8, IP2,
IP4, T3,
TP33.
*
9, 81,140,
IB8, IP2,
IP4, T3,
TP33.
*
A7, B6,
N34,
T10,
TP2,
TP7,
TP13.
B52, IB3,
T4, TP1,
TP29.
(7)
Special
provisions
(§ 172.102)
206 ...........
213 ...........
212 ...........
212 ...........
212 ...........
212 ...........
212 ...........
212 ...........
206 ...........
173 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
243 ...........
*
240 ...........
*
240 ...........
242 ...........
*
240 ...........
*
242 ...........
*
242 ...........
*
240 ...........
*
242 ...........
241 ...........
(8C)
Bulk
*
Forbidden
*
25 kg ........
*
5 kg ..........
5 kg ..........
*
5 kg ..........
*
5 kg ..........
*
5 kg ..........
*
100 kg ......
*
Forbidden
5 L ............
(9A)
Passenger
aircraft/rail
30 L ..........
100 kg ......
25 kg ........
25 kg ........
25 kg ........
25 kg ........
25 kg ........
200 kg ......
30 L ..........
60 L ..........
(9B)
Cargo aircraft only
(9)
Quantity
limitations
C ...............
A ...............
D ...............
A ...............
A ...............
A ...............
A ...............
A ...............
C ...............
A ...............
(10A)
Location
(10B)
Other
40
58, 145
56, 58, 138
56, 58
56, 58
56, 58
56, 58
95
40
40
(10)
Vessel
stowage
44840
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
PO 00000
Frm 00039
Fmt 4701
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E:\FR\FM\31JYP2.SGM
31JYP2
Water-reactive liquid,
n.o.s.
G ...................
Vinyltrichlorosilane, stabilized.
Trimethyltrichlorosilane ..
Trichloroisocyanuric acid,
dry.
*
*
*
*
4.3
4.3
3
3
5.1
5.1
Sodium persulfate ..........
Water-reactive liquid,
corrosive, n.o.s.
G ...................
5.1
5.1
5.1
8
5.1
*
*
*
*
*
Sodium peroxoborate,
anhydrous.
Sodium chlorate .............
Sodium bromate .............
Silver nitrate ...................
Silicon tetrachloride ........
jlentini on PROD1PC65 with PROPOSALS2
UN3148 ....
*
UN3129 ....
*
UN1305 ....
*
UN1298 ....
*
UN2468 ....
UN1505 ....
*
UN3247 ....
*
UN1495 ....
*
UN1494 ....
*
UN1493 ....
*
UN1818 ....
*
4.3, 8 ................
*
3, 8 ...................
*
3, 8 ...................
*
5.1 .....................
5.1 .....................
*
5.1 .....................
*
5.1 .....................
*
5.1 .....................
*
5.1 .....................
*
8 ........................
4.3 .....................
4.3 .....................
II ...............
III ..............
III ..............
4.3 .....................
4.3, 8 ................
II ...............
I ................
4.3, 8 ................
I ................
II ...............
II ...............
II ...............
III ..............
II ...............
II ...............
II ...............
II ...............
II ...............
*
T14, TP2,
TP7.
IB1, T11,
TP2.
IB2, T7,
TP1.
T9, TP2,
TP7.
IB1, T7,
TP2.
IB2, T7,
TP1.
*
A3, A7, B6,
N34,
T10,
TP2,
TP7,
TP13.
*
A3, A7,
B77,
N34,
T10,
TP2,
TP7,
TP13.
*
IB8, IP2,
IP4, T3,
TP33.
*
IB8, IP2,
IP4, T3,
TP33.
A1, IB8,
IP3, T1,
TP33.
*
A9, IB8,
IP2, IP4,
N34, T3,
TP33.
*
IB8, IP2,
IP4, T3,
TP33.
*
IB8, IP2,
IP4, T3,
TP33.
*
A3, A6, B2,
B6, T10,
TP2,
TP7,
TP13.
None .........
None .........
None .........
None .........
None .........
*
None .........
*
None .........
*
None .........
*
152 ...........
152 ...........
*
152 ...........
*
152 ...........
*
152 ...........
*
152 ...........
*
None .........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
206 ...........
206 ...........
212 ...........
213 ...........
212 ...........
212 ...........
212 ...........
212 ...........
202 ...........
242 ...........
243 ...........
244 ...........
242 ...........
243 ...........
*
243 ...........
*
243 ...........
*
243 ...........
*
240 ...........
240 ...........
*
240 ...........
*
240 ...........
*
242 ...........
*
242 ...........
*
242 ...........
5 L ............
1 L ............
Forbidden
5 L ............
1 L ............
*
Forbidden
*
1 L ............
*
1 L ............
*
5 kg ..........
25 kg ........
*
5 kg ..........
*
5 kg ..........
*
5 kg ..........
*
5 kg ..........
*
1 L ............
60 L ..........
5 L ............
1 L ............
60 L ..........
5 L ............
1 L ............
5 L ............
5 L ............
25 kg ........
100 kg ......
25 kg ........
25 kg ........
25 kg ........
25 kg ........
30 L ..........
E ...............
E ...............
E ...............
E.
E ...............
D.
B ...............
E ...............
A ...............
A ...............
A ...............
A ...............
A ...............
A.
C ...............
40
40
40
85
40
40
13
58, 145
13, 25
56, 58
56, 58
40
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
44841
Hazardous materials
descriptions and
proper shipping
names
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
G ...................
PO 00000
Frm 00040
Fmt 4701
Sfmt 4702
Zinc nitrate .....................
Zinc ammonium nitrite ...
Water-reactive solid,
n.o.s.
Water-reactive solid, corrosive, n.o.s.
(1)
G ...................
(2)
Symbols
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(3)
5.1
5.1
4.3
4.3
Hazard
class or
division
*
*
UN1514 ....
*
UN1512 ....
*
UN2813 ....
*
UN3131 ....
(4)
Identification numbers
II ...............
II ...............
*
*
5.1 .....................
*
5.1 .....................
4.3 .....................
4.3 .....................
II ...............
III ..............
*
4.3 .....................
4.3, 8 ................
4.3, 8 ................
*
4.3, 8 ................
(6)
Label codes
I ................
III ..............
II ...............
I ................
(5)
PG
(8A)
Exceptions
*
*
IB8, IP2,
IP4, T3,
TP33.
*
IB8, IP2,
IP4, T3,
TP33.
*
*
152 ...........
*
None .........
*
*
IB4, N40,
None .........
T9, TP7,
TP33.
IB7, IP2,
151 ...........
T3, TP33.
IB8, IP4,
151 ...........
T1, TP33.
*
*
IB4, IP1,
None .........
N40, T9,
TP7,
TP33.
IB6, IP2,
151 ...........
T3, TP33.
IB8, IP4,
151 ...........
T1, TP33.
(7)
Special
provisions
(§ 172.102)
212 ...........
212 ...........
213 ...........
212 ...........
211 ...........
213 ...........
212 ...........
211 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
*
240 ...........
*
242 ...........
241 ...........
242 ...........
*
242 ...........
241 ...........
242 ...........
*
242 ...........
(8C)
Bulk
*
*
5 kg ..........
*
5 kg ..........
25 kg ........
15 kg ........
*
Forbidden
25 kg ........
15 kg ........
*
Forbidden
(9A)
Passenger
aircraft/rail
25 kg ........
25 kg ........
100 kg ......
50 kg ........
15 kg ........
100 kg ......
50 kg ........
15 kg ........
(9B)
Cargo aircraft only
(9)
Quantity
limitations
A.
E.
E ...............
E ...............
E ...............
E ...............
E ...............
D.
(10A)
Location
40
40
40
85
85
(10)
Vessel
stowage
(10B)
Other
44842
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
E:\FR\FM\31JYP2.SGM
31JYP2
44843
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
*
*
*
*
*
10. In Appendix B to § 172.101,
introductory paragraphs 4 and 5 are
revised and four entries are removed to
read as follows:
Appendix B to § 172.101—List of
Marine Pollutants
*
*
*
*
*
4. If a material is not listed in this
appendix and meets the criteria for a marine
pollutant as provided in Chapter 2.9 of the
IMDG Code, (incorporated by reference; see
§ 171.7 of this subchapter), the material may
be transported as a marine pollutant in
accordance with the applicable requirements
of this subchapter.
5. If a material or a solution meeting the
definition of a marine pollutant in § 171.8 of
this subchapter does not meet the criteria for
a marine pollutant as provided in section
2.9.3.3 and 2.9.3.4 of the IMDG Code,
(incorporated by reference; see § 171.7 of this
subchapter), it may be excepted from the
requirements of this subchapter as a marine
pollutant if that exception is approved by the
Associate Administrator.
LIST OF MARINE POLLUTANTS
S.M.P.
(1)
Marine pollutant
(2)
[REMOVE]
*
*
*
*
5-Ethyl-2-picoline Ethyl propenoate, inhibited.
*
*
*
*
*
*
Isopropenylbenzene.
*
*
*
*
*
*
*
2-Phenylpropene.
*
*
*
*
*
*
*
*
*
*
*
11. In § 172.102:
a. In paragraph (c)(1), Special
provisions 130, 137, 138, 150, 177, 188
and 189 are revised; new Special
provisions 62, 198, 237, 332, and 335
are added; and Special provisions 36
and 173 are removed.
b. In paragraph (c)(4), Table 2 IP
Codes is revised.
c. In paragraph (c)(5), new Special
provision N90 is added.
d. In paragraph (c)(8), Special
provision TP12 is removed.
The revisions and additions read as
follows:
§ 172.102
*
Special provisions.
*
*
(c) * * *
(1) * * *
*
*
Code/Special Provisions
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
62 Oxygen generators (see § 171.8 of
this subchapter) are not authorized for
transportation under this entry.
*
*
*
*
*
130 For other than a dry battery
specifically covered by another entry in
the § 172.101 Table, ‘‘Batteries, dry,
sealed, n.o.s.’’ are not subject to any
other requirements of this subchapter
except for the following:
(1) The incident reporting
requirements in §§ 171.15 and 171.16;
(2) Batteries and each battery-powered
device or equipment containing such
batteries must be prepared and
packaged for transport so as to prevent:
(i) The potential of a dangerous
evolution of heat;
VerDate Aug<31>2005
20:54 Jul 30, 2008
Jkt 214001
(ii) Short circuits, including but is not
limited to the following:
(a) Packaging each battery or each
battery-powered device or equipment
when practicable in fully enclosed inner
packagings made of non-conductive
material;
(b) Separating batteries and batterypowered devices in a manner to prevent
contact with other batteries, devices or
conductive materials (e.g., metal) in the
packagings; or
(c) Ensuring exposed terminals or
connectors are individually protected
with non-conductive caps, nonconductive tape, or by other appropriate
means; and
(iv) Damage to terminals. If not impact
resistant, the outer packaging should not
be used as the sole means of protecting
the battery terminals from damage or
short circuiting. Batteries must be
securely cushioned and packed to
prevent any shifting which could loosen
terminal caps or reorient the terminals
to produce short circuits. Terminal
protection methods include but are not
limited to the following:
(a) Securely attaching covers of
sufficient strength to protect the
terminals;
(b) Packaging the battery in a rigid
plastic packaging; or
(c) Constructing the battery with
terminals that are recessed or otherwise
protected so that the terminals will not
be subjected to damage if the package is
dropped; and
(3) When transported by aircraft,
(i) Packaged in a manner that prevents
unintentional activation, (e.g. adequate
PO 00000
Frm 00041
Fmt 4701
Sfmt 4702
packaging, switch caps or locks,
recessed switches, trigger locks,
temperature sensitive circuit breakers,
etc.); and
(ii) The air waybill must contain the
words, ‘‘not restricted.’’
*
*
*
*
*
137 Cotton, dry; flax, dry; sisal, dry;
and tampico fiber, dry are not subject to
the requirements of this subchapter
when they are baled in accordance with
ISO 8115, ‘‘Cotton Bales—Dimensions
and Density’’ (IBR, see § 171.7 of this
subchapter) to a density of not less than
360 kg/m3 (22.1 lb/ft3) for cotton, 400
kg/m3 (24.97 lb/ft3) for flax, 620 kg/m3
(38.71 lb/ft3) for sisal and 360 kg/m3
(22.1 lb/ft3) for tampico fiber and
transported in a freight container or
closed transport vehicle.
138 Lead compounds which, when
mixed in a ratio of 1:1000 with 0.07M
(Molar concentration) hydrochloric acid
and stirred for one hour at a temperature
of 23 °C ± 2 °C, exhibit a solubility of
5% or less are considered insoluble and
are not subject to the requirements of
this subchapter unless they meet criteria
as another hazard class or division.
*
*
*
*
*
150 This description may be used
only for uniform mixtures of fertilizers
containing ammonium nitrate as the
main ingredient within the following
composition limits:
a. Not less than 90% ammonium
nitrate with not more than 0.2% total
combustible, organic material calculated
as carbon, and with added matter, if
any, that is inorganic and inert when in
contact with ammonium nitrate; or
E:\FR\FM\31JYP2.SGM
31JYP2
jlentini on PROD1PC65 with PROPOSALS2
44844
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
b. Less than 90% but more than 70%
ammonium nitrate with other inorganic
materials, or more than 80% but less
than 90% ammonium nitrate mixed
with calcium carbonate and/or dolomite
and/or mineral calcium sulphate, and
not more than 0.4% total combustible,
organic material calculated as carbon; or
c. Ammonium nitrate-based fertilizers
containing mixtures of ammonium
nitrate and ammonium sulphate with
more than 45% but less than 70%
ammonium nitrate, and not more than
0.4% total combustible, organic material
calculated as carbon such that the sum
of the percentage of compositions of
ammonium nitrate and ammonium
sulphate exceeds 70%.
*
*
*
*
*
177 Gasoline or ethanol and gasoline
mixtures for use in internal combustion
engines (e.g., in automobiles, stationary
engines and other engines) must be
assigned to this entry regardless of
variations in volatility.
*
*
*
*
*
188 Small lithium cells and
batteries. Lithium cells or batteries,
including cells or batteries packed with
or contained in equipment, are not
subject to any other requirements of this
subchapter if they meet all of the
following:
a. Primary lithium batteries and cells.
(1) Primary lithium batteries and cells
are forbidden for transport aboard
passenger-carrying aircraft. The outside
of each package that contains primary
(nonrechargeable) lithium batteries or
cells must be marked ‘‘PRIMARY
LITHIUM BATTERIES—FORBIDDEN
FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT’’ or ‘‘LITHIUM
METAL BATTERIES—FORBIDDEN
FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT’’ on a
background of contrasting color. The
letters in the marking must be:
(i) At least 12 mm (0.5 inch) in height
on packages having a gross weight of
more than 30 kg (66 pounds); or
(ii) At least 6 mm (0.25 inch) on
packages having a gross weight of 30 kg
(66 pounds) or less, except that smaller
font may be used as necessary to fit
package dimensions; and
(2) The provisions of paragraph (a)(1)
do not apply to packages that contain 5
kg (11 pounds) net weight or less of
primary lithium batteries or cells that
are contained in or packed with
equipment and the package contains no
more than the number of lithium
batteries or cells necessary to power the
piece of equipment;
b. For a lithium metal or lithium alloy
cell, the lithium content is not more
than 1.0 g. For a lithium-ion cell, the
VerDate Aug<31>2005
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Jkt 214001
equivalent lithium content is not more
than 1.5 g;
c. For a lithium metal or lithium alloy
battery, the aggregate lithium content is
not more than 2.0 g. For a lithium-ion
battery, the aggregate equivalent lithium
content is not more than 8 g;
d. Effective October 1, 2009, the cell
or battery must be of a type proven to
meet the requirements of each test in the
UN Manual of Tests and Criteria (IBR;
see § 171.7 of this subchapter);
e. Cells or batteries are separated so as
to prevent short circuits and are packed
in a strong outer packaging or are
contained in equipment;
f. Effective October 1, 2008, except
when contained in equipment, each
package containing more than 24
lithium cells or 12 lithium batteries
must be:
(1) Marked to indicate that it contains
lithium batteries, and special
procedures should be followed if the
package is damaged;
(2) Accompanied by a document
indicating that the package contains
lithium batteries and special procedures
should be followed if the package is
damaged;
(3) Capable of withstanding a 1.2
meter drop test in any orientation
without damage to cells or batteries
contained in the package, without
shifting of the contents that would allow
short circuiting and without release of
package contents; and
(4) Gross weight of the package may
not exceed 30 kg (66 pounds). This
requirement does not apply to lithium
cells or batteries packed with
equipment;
g. Electrical devices must conform to
§ 173.21 of this subchapter;
h. Sections 171.15 and 171.16 of this
subchapter for those incidents resulting
in the production of smoke, sparks, or
dangerous evolution of heat; and
i. Lithium batteries or cells are not
authorized aboard an aircraft in checked
or carry-on luggage except as provided
in § 175.10.
*
*
*
*
*
189 Medium lithium cells and
batteries. Effective October 1, 2008,
when transported by motor vehicle or
rail car, lithium cells or batteries,
including cells or batteries packed with
or contained in equipment, are not
subject to any other requirements of this
subchapter if they meet all of the
following:
a. The lithium content anode of each
cell, when fully charged, is not more
than 5 grams.
b. The aggregate lithium content of
the anode of each battery, when fully
charged, is not more than 25 grams.
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c. The cells or batteries are of a type
proven to meet the requirements of each
test in the UN Manual of Tests and
Criteria (IBR; see § 171.7 of this
subchapter). A cell or battery and
equipment containing a cell or battery
that was first transported prior to
January 1, 2006 and is of a type proven
to meet the criteria of Class 9 by testing
in accordance with the tests in the UN
Manual of Tests and Criteria, Third
revised edition, 1999, need not be
retested.
d. Cells or batteries are separated so
as to prevent short circuits and are
packed in a strong outer packaging or
are contained in equipment.
e. The outside of each package must
be marked ‘‘LITHIUM BATTERIES—
FORBIDDEN FOR TRANSPORT
ABOARD AIRCRAFT AND VESSEL’’ on
a background of contrasting color, in
letters:
(1) At least 12 mm (0.5 inch) in height
on packages having a gross weight of
more than 30 kg (66 pounds); or
(2) At least 6 mm (0.25 inch) on
packages having a gross weight of 30 kg
(66 pounds) or less, except that smaller
font may be used as necessary to fit
package dimensions.
f. Except when contained in
equipment, each package containing
more than 24 lithium cells or 12 lithium
batteries must be:
(1) Marked to indicate that it contains
lithium batteries, and special
procedures should be followed if the
package is damaged;
(2) Accompanied by a document
indicating that the package contains
lithium batteries and special procedures
should be followed if the package is
damaged;
(3) Capable of withstanding a 1.2
meter drop test in any orientation
without damage to cells or batteries
contained in the package, without
shifting of the contents that would allow
short circuiting and without release of
package contents; and
(4) Gross weight of the package may
not exceed 30 kg (66 pounds). This
requirement does not apply to lithium
cells or batteries packed with
equipment.
g. Electrical devices must conform to
§ 173.21 of this subchapter; and
h. Sections 171.15 and 171.16 of this
subchapter for those incidents resulting
in the production of smoke, sparks, or
dangerous evolution of heat.
*
*
*
*
*
198 Nitrocellulose solutions
containing not more than 20%
nitrocellulose may be transported as
paint or printing ink, as applicable. See
UN1210, UN1263, UN3066, UN3469,
and UN3470.
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
237 ‘‘Batteries, dry, containing
potassium hydroxide solid, electric
storage’’ must be prepared and packaged
in accordance with the requirements of
§ 173.159(a), (b). For transportation by
aircraft, the provisions of § 173.159(d)(2)
are applicable.
332 Magnesium nitrate hexahydrate
is not subject to the requirements of this
subchapter.
335 Mixtures of solids that are not
subject to this subchapter and
environmentally hazardous liquids or
solids may be classified as
‘‘Environmentally hazardous
substances, solid, n.o.s.,’’ UN3077 and
44845
may be transported under this entry,
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. Each transport unit must be
leakproof when used as bulk packaging.
*
*
*
*
*
(4) * * *
TABLE 2—IP CODES
IBC code
Authorized IBCs
IP1 ...................................................
IP2 ...................................................
IBCs must be packed in closed freight containers or a closed transport vehicle.
When IBCs other than metal or rigid plastic IBCs are used, they must be offered for transportation in a
closed freight container or a closed transport vehicle.
Flexible IBCs must be sift-proof and water-resistant or must be fitted with a sift-proof and water-resistant
liner.
Flexible, fiberboard or wooden IBCs must be sift-proof and water-resistant or be fitted with a sift-proof and
water-resistant liner.
IBCs must have a device to allow venting. The inlet to the venting device must be located in the vapor
space of the IBC under maximum filling conditions.
Non-specification bulk bins are authorized.
For UN identification numbers 1327, 1363, 1364, 1365, 1386, 1841, 2211, 2217, 2793 and 3314, IBCs are
not required to meet the IBC performance tests specified in part 178, subpart N of this subchapter.
Ammonia solutions may be transported in rigid or composite plastic IBCs (31H1, 31H2 and 31HZ1) that
have successfully passed, without leakage or permanent deformation, the hydrostatic test specified in
§ 178.814 of this subchapter at a test pressure that is not less than 1.5 times the vapor pressure of the
contents at 55 °C (131 °F).
Transportation by vessel in IBCs is prohibited.
Air must be eliminated from the vapor space by nitrogen or other means.
For UN2031 with more than 55% nitric acid, rigid plastic IBCs and composite IBCs with a rigid plastic inner
receptacle are authorized for two years from the date of IBC manufacture.
Dry sodium cyanide or potassium cyanide is also permitted in sift-proof, water-resistant, fiberboard IBCs
when transported in closed freight containers or transport vehicles.
IP4 ...................................................
IP5 ...................................................
IP6 ...................................................
IP7 ...................................................
IP8 ...................................................
IP13 .................................................
IP14 .................................................
IP15 .................................................
IP20 .................................................
(5) * * *
Code/Special Provisions
*
*
*
*
*
N90 Metal packagings are not
authorized.
*
*
*
*
*
12. In § 172.202, paragraphs (a)(3)
introductory text, (a)(4), and (a)(6)(vi)
are revised to read as follows:
jlentini on PROD1PC65 with PROPOSALS2
§ 172.202 Description of hazardous
material shipping papers.
(a) * * *
(3) The hazard class or division
number prescribed for the material, as
shown in Column (3) of the § 172.101
table. The subsidiary hazard class or
division number is not required to be
entered when a corresponding
subsidiary hazard label is not required.
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—
*
*
*
*
*
(4) The packing group in Roman
numerals, as designated for the
hazardous material in Column (5) of the
§ 172.101 table. Class 1 materials, selfreactive substances, batteries other than
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Jkt 214001
those containing lithium, lithium ions,
or sodium, and Division 5.2 materials
are excepted from this requirement. In
addition, entries that are not assigned a
packing group (e.g., Class 7) are
excepted from this requirement. The
packing group may be preceded by the
letters ‘‘PG’’ for example ‘‘PG II;’’ and
*
*
*
*
*
(6) * * *
(vi) For items where ‘‘No Limit’’ is
shown in Column (9A) or (9B) of the
§ 172.101 table, the quantity shown
must be the net mass or volume of the
material. For articles (e.g., UN2800 and
UN3166) the quantity must be the gross
mass, followed by the letter ‘‘G’’; and
*
*
*
*
*
13. In § 172.322, paragraphs (d)
introductory text, (d)(1), and (e) are
revised to read as follows:
(ii) 5 kg (11 pounds) or less net
capacity for solids.
*
*
*
*
*
(e) MARINE POLLUTANT mark. The
MARINE POLLUTANT mark must
conform to the following:
(1) Except for size, the MARINE
POLLUTANT mark must appear as
follows:
§ 172.322
Symbol (fish and tree): Black on white
or suitable contrasting background.
(2) The symbol and border must be
black and the background white, or the
symbol, border and background must be
of contrasting color to the surface to
which the mark be affixed. Each side of
the mark must be—
(i) At least 100 mm (4 inches) for
marks applied to:
Marine pollutants.
*
*
*
*
*
(d) The MARINE POLLUTANT mark
is not required—
(1) On a combination package
containing a marine pollutant in inner
packagings each of which contains:
(i) 5 L (1.3 gallons) or less net capacity
for liquids; or
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EP31JY08.014</GPH>
IP3 ...................................................
44846
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
§ 172.400a
Exceptions from labeling.
*
*
*
*
*
(c) Notwithstanding the provisions of
§ 172.402(a), a Division 6.1 subsidiary
hazard label is not required on a
package containing a Class 8 (corrosive)
material which has a subsidiary hazard
of Division 6.1 (poisonous) if the
toxicity of the material is based solely
on the corrosive destruction of tissue
(b) The CARGO AIRCRAFT ONLY
label must be black on an orange
background.
(c) A CARGO AIRCRAFT ONLY label
conforming to the specifications in
§ 172.448 on December 31, 2008, may be
used until January 1, 2013.
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
18. 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.
jlentini on PROD1PC65 with PROPOSALS2
19. Section 173.4 is revised to read as
follows:
§ 173.4
rail.
Small quantities for highway and
(a) When transported domestically by
highway or rail in conformance with
this section, small quantities of Class 3,
Division 4.1, Division 4.2 (PG II and III),
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19:51 Jul 30, 2008
Jkt 214001
rather than systemic poisoning. In
addition, a Division 4.1 subsidiary
hazard label is not required on a
package bearing a Division 4.2 label.
*
*
*
*
*
15. In § 172.401, a new paragraph
(c)(5) is added to read as follows:
§ 172.401
Prohibited labeling.
*
*
*
*
*
(c) * * *
(5) The Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
16. In § 172.446, paragraph (b) is
revised to read as follows:
§ 172.446
CLASS 9 Label.
*
*
*
*
*
Division 4.3 (PG II and III), Division 5.1,
Division 5.2, Division 6.1, Class 7, Class
8, and Class 9 materials that also meet
the definition of one or more of these
hazard classes, are not subject to any
other requirements of this subchapter
when—
(1) The maximum quantity of material
per inner receptacle or article is limited
to—
(i) Thirty (30) mL (1 ounce) for
authorized liquids, other than Division
6.1, Packing Group I, Hazard Zone A or
B materials;
(ii) Thirty (30) g (1 ounce) for
authorized solid materials;
(iii) One (1) g (0.04 ounce) for
authorized materials meeting the
definition of a Division 6.1, Packing
Group I, Hazard Zone A or B material;
and
(iv) An activity level not exceeding
that specified in §§ 173.421, 173.424,
173.425 or 173.426, as appropriate, for
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Fmt 4701
Sfmt 4702
(b) In addition to complying with
§ 172.407, the background on the
CLASS 9 label must be white with seven
black vertical stripes on the top half.
The black vertical stripes must be
spaced, so that, visually, they appear
equal in width to the six white spaces
between them. The lower half of the
label must be white with the class
number ‘‘9’’ underlined and centered at
the bottom. The solid horizontal line
dividing the lower and upper half of the
label is optional.
17. Section 172.448 is revised to read
as follows:
§ 172.448
CARGO AIRCRAFT ONLY label.
(a) Except for size and color, the
CARGO AIRCRAFT ONLY label must be
as follows:
a package containing a Class 7
(radioactive) material.
(2) With the exception of temperature
sensing devices, each inner receptacle:
(i) Is not liquid-full at 55 °C (131 °F),
and
(ii) Is constructed of plastic having a
minimum thickness of no less than 0.2
mm (0.008 inch), or earthenware, glass,
or metal;
(3) Each inner receptacle with a
removable closure has its closure held
securely in place with wire, tape, or
other positive means;
(4) Unless equivalent cushioning and
absorbent material surrounds the inside
packaging, each inner receptacle is
securely packed in an inside packaging
with cushioning and absorbent material
that:
(i) Will not react chemically with the
material, and
(ii) Is capable of absorbing the entire
contents (if a liquid) of the receptacle;
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(A) Non-bulk packages, except in the
case of packages which, because of their
size, can only bear smaller marks;
(B) Bulk packages with a capacity of
less than 3,785 L (1,000 gallons); or
(ii) At least 250 mm (10 inches) for
marks applied to all other bulk
packages.
*
*
*
*
*
14. In § 172.400a, paragraph (c) is
revised to read as follows:
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
(5) The inside packaging is securely
packed in a strong outside packaging;
(6) The completed package, as
demonstrated by prototype testing, is
capable of sustaining—
(i) Each of the following free drops
made from a height of 1.8 m (5.9 feet)
directly onto a solid unyielding surface
without breakage or leakage from any
inner receptacle and without a
substantial reduction in the
effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side;
and
(E) One drop on a corner at the
junction of three intersecting edges; and
(ii) A compressive load as specified in
§ 178.606(c) of this subchapter.
Note to paragraph (a)(6): Each of the tests
in paragraph (a)(6) of this section may be
performed on a different but identical
package; i.e., all tests need not be performed
on the same package.
(7) Placement of the material in the
package or packing different materials
in the package does not result in a
violation of § 173.21;
(8) The gross mass of the completed
package does not exceed 29 kg (64
pounds);
(9) The package is not opened or
otherwise altered until it is no longer in
commerce; and
(10) The shipper certifies
conformance with this section by
marking the outside of the package with
the statement ‘‘This package conforms
to 49 CFR 173.4.’’
(b) A package containing a Class 7
(radioactive) material also must conform
to the requirements of § 173.421(a)(1)
through (a)(5) or § 173.424(a) through
(g), as appropriate.
(c) Packages which contain a Class 2,
Division 4.2 (PG I), or Division 4.3 (PG
I) material conforming to paragraphs
(a)(1) through (a)(10) of this section may
be offered for transportation or
transported if specifically approved by
the Associate Administrator.
(d) Fuel cell cartridges and lithium
batteries and cells are not eligible for the
exceptions provided in this section.
20. Section 173.4a is added to read as
follows:
jlentini on PROD1PC65 with PROPOSALS2
§ 173.4a
Excepted quantities.
(a) Excepted quantities of materials
other than articles transported in
accordance with this section are not
subject to any additional requirements
of this subchapter except for:
(1) The training requirements of
subpart H of part 172 of this subchapter;
(2) The shipper’s responsibilities to
properly class their material in
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19:51 Jul 30, 2008
Jkt 214001
accordance with § 173.22 of this
subchapter;
(3) Sections 171.15 and 171.16 of this
subchapter pertaining to the reporting of
incidents;
(4) For a Class 7 (Radioactive)
material the requirements for an
excepted package; and
(5) For transportation by vessel, the
shipping paper requirements of subpart
C of part 172 of this subchapter.
(b) Authorized materials. Only
materials authorized for transport
aboard passenger aircraft and
appropriately classed within one of the
following hazard classes or divisions
may be transported in accordance with
this section:
(1) Division 2.2 materials with no
subsidiary hazard;
(2) Class 3 materials;
(3) Class 4 (PG II and III) materials
except for self-reactive materials;
(4) Division 5.1 (PG II and III);
(5) Division 5.2 materials only when
contained in a chemical kit or a first aid
kit;
(6) Division 6.1, other than PG I,
Hazard Zone A or B material;
(7) Class 7, Radioactive material in
excepted packages;
(8) Class 8 (PG II and III), except for
UN2803 (Gallium) and UN2809
(Mercury); and
(9) Class 9, except for UN1845
(Carbon dioxide, solid or Dry ice), and
lithium batteries and cells.
(c) Inner packaging limits. The
maximum quantity of hazardous
materials in each inner packaging is
limited to:
(1) 1 g (0.04 ounce) or 1 mL (0.03
ounce) for solids or liquids of Division
6.1, Packing Group I or II or other
materials that also meet the definition of
a toxic material;
(2) 30 g (1 ounce) or 30 mL (1 ounce)
for solids or liquids other than those
covered in paragraph (c)(1) of this
section; and
(3) For gases a water capacity of 30
mL (1.8 cubic inches) or less.
(d) Outer packaging aggregate
quantity limits. The maximum aggregate
quantity of hazardous material
contained in each outer packaging must
not exceed the limits provided in the
following paragraphs. For outer
packagings containing more than one
hazardous material, the aggregate
quantity of hazardous material must not
exceed the lowest permitted maximum
aggregate quantity. The limits are as
follows:
(1) For other than a Division 2.2 or
Division 5.2 material:
(i) Packing Group I—300 g (0.66
pounds) for solids or 300 mL (0.08
gallons) for liquids;
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Sfmt 4702
44847
(ii) Packing Group II—500 g (1.1
pounds) for solids or 500 mL (0.1
gallons) for liquids;
(iii) Packing Group III—1 kg (2.2
pounds) for solids or 1 L (0.2 gallons)
for liquids;
(2) For Division 2.2 material, 1 L (61
cubic inches); or
(3) For Division 5.2 material, 500 g
(1.1 pounds) for solids or 250 mL (0.05
gallons) for liquids.
(e) Packaging materials. Packagings
used for the transport of excepted
quantities must meet the following:
(1) Each inner receptacle must be
constructed of plastic, or of glass,
porcelain, stoneware, earthenware or
metal. When used for liquid hazardous
materials, plastic inner packagings must
have a thickness of not less than 0.2 mm
(0.008 inch).
(2) Each inner packaging with a
removable closure must have its closure
held securely in place with wire, tape or
other positive means. Each inner
receptacle having a neck with molded
screw threads must have a leak proof,
threaded type cap. The closure must not
react chemically with the material.
(3) Each inner packaging must be
securely packed in an intermediate
packaging with cushioning material in
such a way that, under normal
conditions of transport, it cannot break,
be punctured or leak its contents. The
intermediate packaging must completely
contain the contents in case of breakage
or leakage, regardless of package
orientation. For liquid hazardous
materials, the intermediate packaging
must contain sufficient absorbent
material that:
(i) Will absorb the entire contents of
the inner packaging. In such cases, and
(ii) Will not react dangerously with
the material or reduce the integrity or
function of the packaging materials.
(iii) The absorbent material may be
the cushioning material.
(4) The intermediate packaging must
be securely packed in a strong, rigid
outer packaging.
(5) Placement of the material in the
package or packing different materials
in the package must not result in a
violation of § 173.21.
(6) Each package must be of such a
size that there is adequate space to
apply all necessary markings.
(7) The package is not opened or
otherwise altered until it is no longer in
commerce.
(8) Overpacks may be used and may
also contain packages of hazardous
material or other materials not subject to
the HMR subject to the requirements of
§ 173.25.
(f) Package tests. The completed
package as prepared for transport, with
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS2
inner packagings filled to not less than
95% of their capacity for solids or 98%
for liquids, must be capable of
withstanding, as demonstrated by
testing which is appropriately
documented, without breakage or
leakage of any inner packaging and
without significant reduction in
effectiveness:
(1) Drops onto a solid unyielding
surface from a height of 1.8 m (5.9 feet):
(i) Where the sample is in the shape
of a box, it must be dropped in each of
the following orientations:
(A) One drop flat on the bottom;
(B) One drop flat on the top;
(C) One drop flat on the longest side;
(D) One drop flat on the shortest side;
and
(E) One drop on a corner at the
junction of three intersecting edges.
(ii) Where the sample is in the shape
of a drum, it must be dropped in each
of the following orientations:
(A) One drop diagonally on the top
chime, with the center of gravity
directly above the point of impact;
(B) One drop diagonally on the base
chime; and
(C) One drop flat on the side.
(2) A compressive load as specified in
§ 178.606(c) of this subchapter. Each of
the tests in this paragraph (f) may be
performed on a different but identical
package; that is, all tests need not be
performed on the same package.
(g) Marking. Excepted quantities of
hazardous materials packaged, marked,
and otherwise offered and transported
in accordance with this section must be
durably and legibly marked with the
following marking:
(1) The ‘‘*’’ must be replaced by the
primary hazard class, or when assigned,
the division of each of the hazardous
materials contained in the package. The
‘‘**’’ must be replaced by the name of
the shipper or consignee if not shown
elsewhere on the package.
(2) The symbol shall be not less than
100 mm (3.9 inches) × 100 mm (3.9
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19:51 Jul 30, 2008
Jkt 214001
inches), and must be durable and clearly
visible.
(h) Documentation.
(1) For transport by air, a shipping
paper is not required, except that, if a
document such as an air waybill
accompanies a shipment, the document
must include the statement ‘‘Dangerous
Goods in Excepted Quantities’’ and
indicate the number of packages.
(2) For transport by vessel, a shipping
paper is required and must include the
statement ‘‘Dangerous Goods in
Excepted Quantities’’ and indicate the
number of packages.
(i) Restrictions. Hazardous material
packaged in accordance with this
section may not be carried in checked
or carry-on baggage.
21. Section 173.4b is added to read as
follows:
§ 173.4b
De minimis exceptions.
(a) Packing Group II and III materials
in Class 3, Division 4.1, Division 4.2,
Division 4.3, Division 5.1, Division 6.1,
Class 8, and Class 9 do not meet the
definition of a hazardous material in
§ 171.8 of this subchapter when
packaged in accordance with this
section and, therefore, are not subject to
the requirements of this subchapter.
(1) The maximum quantity of material
per inner receptacle or article is limited
to—
(i) One (1) mL (0.03 ounce) for
authorized liquids; and
(ii) One (1) g (0.04 ounce) for
authorized solid materials;
(2) Each inner receptacle with a
removable closure has its closure held
securely in place with wire, tape, or
other positive means;
(3) Unless equivalent cushioning and
absorbent material surrounds the inside
packaging, each inner receptacle is
securely packed in an inside packaging
with cushioning and absorbent material
that:
(i) Will not react chemically with the
material, and
(ii) Is capable of absorbing the entire
contents (if a liquid) of the receptacle;
(4) The inside packaging is securely
packed in a strong outside packaging;
(5) The completed package is capable
of sustaining—
(i) Each of the following free drops
made from a height of 1.8 m (5.9 feet)
directly onto a solid unyielding surface
without breakage or leakage from any
inner receptacle and without a
substantial reduction in the
effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side;
and
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(E) One drop on a corner at the
junction of three intersecting edges; and
(ii) A compressive load as specified in
§ 178.606(c) of this subchapter. Each of
the tests in this paragraph (a)(5) may be
performed on a different but identical
package; that is, all tests need not be
performed on the same package.
(6) Placement of the material in the
package or packing different materials
in the package does not result in a
violation of § 173.21;
(7) The aggregate quantity of
hazardous material per package does not
exceed 100 g (0.22 pounds) for solids or
100 mL (3.38 ounces) for liquids;
(8) The gross mass of the completed
package does not exceed 29 kg (64
pounds);
(9) The package is not opened or
otherwise altered until it is no longer in
commerce; and
(10) For transportation by aircraft:
(i) The hazardous material is
authorized to be carried aboard
passenger-carrying aircraft in Column
9A of the § 172.101 Hazardous Materials
Table; and
(ii) Material packed in accordance
with this section may not be carried in
checked or carry-on baggage.
(b) [Reserved]
22. In § 173.12, as amended on
January 28, 2008, paragraph (f) is
revised to read as follows:
§ 173.12 Exceptions for shipment of waste
materials.
*
*
*
*
*
(f) Household waste. Household
waste, as defined in § 171.8 of this
subchapter, is not subject to the
requirements of this subchapter when
transported in accordance with
applicable state, local, or tribal
requirements.
23. In § 173.21, paragraph (c) is
revised to read a follows:
§ 173.21 Forbidden materials and
packages.
*
*
*
*
*
(c) Electrical devices, such as batteries
and battery-powered devices, which are
likely to create sparks or generate a
dangerous evolution of heat, unless
packaged in a manner which precludes
such an occurrence.
*
*
*
*
*
24. In § 173.24b, paragraph (e) is
redesignated as paragraph (f) and
revised, and a new paragraph (e) is
added to read as follows:
§ 173.24b Additional general requirements
for bulk packagings.
*
*
*
*
*
(e) Stacking of IBCs and Large
Packagings:
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(1) IBCs and Large Packagings not
designed and tested to be stacked. No
packages or freight (hazardous or
otherwise) may be stacked upon an IBC
or a Large Packaging that was not
designed and tested to be stacked upon.
(2) IBCs and Large Packagings
designed and tested to be stacked. The
superimposed weight placed upon an
IBC or a Large Packaging designed to be
stacked may not exceed the maximum
permissible stacking test mass marked
on the packaging.
(f) UN portable tanks. (1) A UN
portable tank manufactured in the
United States must conform in all
details to the applicable requirements in
parts 172, 173, 178 and 180 of this
subchapter.
(2) UN portable tanks manufactured
outside the United States. A UN
portable tank manufactured outside the
United States, in accordance with
national or international regulations
based on the UN Recommendations
(IBR, see § 171.7 of this subchapter),
which is an authorized packaging under
§ 173.24 of this subchapter, may be
filled, offered and transported in the
United States, if the § 172.101 Table of
this subchapter authorizes the
hazardous material for transportation in
the UN portable tank and it conforms to
the applicable T codes, and tank
provision codes, or other special
provisions assigned to the hazardous
material in Column (7) of the Table. In
addition, the portable tank must—
(i) Conform to applicable provisions
in the UN Recommendations (IBR, see
§ 171.7 of this subchapter) and the
requirements of this subpart;
(ii) Be capable of passing the
prescribed tests and inspections in part
180 of this subchapter applicable to the
UN portable tank specification;
(iii) Be designed and manufactured
according to the ASME Code (IBR, see
§ 171.7 of this subchapter) or a pressure
vessel design code approved by the
Associate Administrator;
(iv) Be approved by the Associate
Administrator when the portable tank is
designed and constructed under the
provisions of an alternative arrangement
(see § 178.274(a)(2) of this subchapter);
and
(v) The competent authority of the
country of manufacture must provide
reciprocal treatment for UN portable
tanks manufactured in the United
States.
25. In § 173.62, in paragraph (b), the
Explosives Table is amended by adding
entries in the appropriate numerical
order, and in paragraph (c), in the Table
of Packing Methods, packing instruction
entry 114(b) is revised to read as
follows:
§ 173.62 Specific packaging requirements
for explosives.
*
*
*
(b) * * *
*
*
EXPLOSIVES TABLE
ID#
*
UN0505
UN0506
UN0507
UN0508
UN0509
PI
*
*
.....................
.....................
.....................
.....................
.....................
*
*
*
*
*
*
*
135
135
135
114(b)
114(b)
(c) * * *
(5) * * *
TABLE OF PACKING METHODS—CONTINUED
Packing instruction
Inner packagings
*
*
*
*
114(b) This packing instruction applies to dry sol- Bags paper, kraft plastics
ids.
textile, sift-proof woven
plastics, sift-proof.
PARTICULAR PACKING REQUIREMENTS OR
EXCEPTIONS:
1. For UN 0077, 0132, 0234, 0235 and 0236,
packagings must be lead free.
2. For UN 0160 and UN 0161, when metal
drums (1A2 or 1B2) are used as the outer
packaging, metal packagings must be so
constructed that the risk of explosion, by
reason of increased internal pressure from
internal or external causes is prevented.
3. For UN 0160, UN 0161, and UN0508,
inner packagings are not necessary if
drums are used as the outer packaging.
4. For UN 0508 and UN0509, metal packagings shall not be used.
*
*
*
jlentini on PROD1PC65 with PROPOSALS2
26. In § 173.115, paragraph (b) is
revised, (k) is redesignated as new
paragraph (l), and new paragraph (k) is
added to read as follows:
§ 173.115 Class 2, Divisions 2.1, 2.2, and
2.3—Definitions.
*
*
*
*
*
(b) Division 2.2 (non-flammable,
nonpoisonous compressed gas—
including compressed gas, liquefied gas,
VerDate Aug<31>2005
19:51 Jul 30, 2008
Receptacles, fibreboard,
metal, paper, plastics,
woven plastics, sift-proof.
Jkt 214001
*
Intermediate packagings
*
*
*
Not necessary ....................... Boxes. natural wood, ordinary (4C1). natural wood,
sift-proof walls (4C2) plywood (4D).
...............................................
*
pressurized cryogenic gas, compressed
gas in solution, asphyxiant gas and
oxidizing gas). For the purpose of this
subchapter, a non-flammable,
nonpoisonous compressed gas (Division
2.2) means any material (or mixture)
which—
(1) Exerts in the packaging an absolute
pressure of 302 kPa (43.8 psia) or greater
at 20 °C (68 °F ), is a liquefied gas or
is a cryogenic liquid, and
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Outer packagings
reconstituted wood (4F).
fibreboard (4G). Drums.
steel, removable head
(1A2). aluminum, removable head (1B2) plywood
(1D). fibre (1G). plastics,
removable head (1H2).
*
*
(2) Does not meet the definition of
Division 2.1 or 2.3.
*
*
*
*
*
(k) For Division 2.2 gases, the
oxidizing ability shall be determined by
tests or by calculation in accordance
with ISO 10156:1996 and ISO 10156–
2:2005 (IBR, see § 171.7 of this
subchapter).
(l) The following applies to aerosols
(see § 171.8 of this subchapter):
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(1) An aerosol must be assigned to
Division 2.1 if the contents include 85%
by mass or more flammable components
and the chemical heat of combustion is
30 kJ/g or more;
(2) An aerosol must be assigned to
Division 2.2 if the contents contain 1%
by mass or less flammable components
and the heat of combustion is less than
20 kJ/g.
(3) Aerosols not meeting the
provisions of paragraphs (a) or (b) of this
section must be classed in accordance
with the appropriate tests of the UN
Manual of Tests and Criteria (IBR, see
§ 171.7 of this subchapter). An aerosol
which was tested in accordance with
the requirements of this subchapter in
effect on December 31, 2005, is not
required to be retested.
(4) Division 2.3 gases may not be
transported in an aerosol container.
(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.
(6) Substances of Division 6.1, PG I or
II, and substances of Class 8, PG I are
forbidden from transportation in an
aerosol container.
(7) Flammable components are Class
3 flammable liquids, Division 4.1
flammable solids, or Division 2.1
flammable gases. The chemical heat of
combustion must be determined in
accordance with the UN Manual of
Tests and Criteria (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
27. In § 173.134, as amended on
January 28, 2008, paragraph (b)(13)(i) is
revised to read as follows:
§ 173.134 Class 6, Division 6.2—
Definitions and exceptions.
*
*
*
*
*
(b) * * *
(13) * * *
(i) Household waste as defined in
§ 171.8, when transported in accordance
with applicable state, local, or tribal
requirements.
*
*
*
*
*
28. In § 173.137, paragraph (c)(2) is
revised and a note to the section is
added to read as follows:
§ 173.137
group.
Class 8—Assignment of packing
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(c) * * *
(2) That do not cause full thickness
destruction of intact skin tissue but
exhibit a corrosion on either steel or
aluminum surfaces exceeding 6.25 mm
(0.25 inch) a year at a test temperature
of 55 °C (130 °F) when tested on both
materials. The corrosion may be
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
determined in accordance with the UN
Manual of Tests and Criteria (IBR, see
§ 171.7 of this subchapter) or other
equivalent test methods.
Note to § 173.137: When an initial test on
either a steel or aluminum surface indicates
the material being tested is corrosive, the
follow up test on the other surface is not
required.
29. Section 173.159 is revised to read
as follows:
§ 173.159
Batteries, wet.
(a) Electric storage batteries,
containing electrolyte acid or alkaline
corrosive battery fluid (wet batteries),
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; and any battery or batterypowered device, equipment or vehicle
must be prepared and packaged for
transport so as to prevent:
(1) The potential of a dangerous
evolution of heat;
(2) Short circuits, including, but not
limited to:
(i) Packaging each battery or each
battery-powered device or equipment
when practicable in fully enclosed inner
packagings made of non-conductive
material;
(ii) Separating batteries and batterypowered devices in a manner to prevent
contact with other batteries, devices or
conductive materials (e.g., metal) in the
packagings; or
(iii) Ensuring exposed terminals are
protected with non-conductive caps,
non-conductive tape, or by other
appropriate means; and
(3) Damage to terminals. If not impact
resistant, the outer packaging should not
be used as the sole means of protecting
the battery terminals from damage or
short circuiting. Batteries must be
securely cushioned and packed to
prevent any shifting which could loosen
terminal caps or reorient the terminals.
Terminal protection methods include
but are not limited to:
(i) Securely attaching covers of
sufficient strength to protect the
terminals;
(ii) Packaging the battery in a rigid
plastic packaging; or
(iii) Constructing the battery with
terminals that are recessed or otherwise
protected so that the terminals will not
be subjected to damage if the package is
dropped.
(b) For transportation by aircraft:
(1) The packaging for wet batteries
must incorporate an acid-or alkali-proof
liner, or include a supplementary
packaging with sufficient strength and
adequately sealed to prevent leakage of
electrolyte fluid in the event of spillage;
and
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(2) Any battery-powered device,
equipment or vehicle must be prepared
and packaged for transport so as to
prevent unintentional activation (e.g.,
adequate packaging, switch caps or
locks, recessed switches, trigger locks,
temperature sensitive circuit breakers,
etc.).
(c) The following specification
packagings are authorized for batteries
packed without other materials
provided all requirements of paragraph
(a) of this section, and for transportation
by aircraft, paragraph (b) of this section,
are met:
(1) Wooden box: 4C1, 4C2, 4D, or 4F
(2) Fiberboard box: 4G
(3) Plywood drum: 1D
(4) Fiber drum: 1G
(5) Plastic drum: 1H2
(6) Plastic jerrican: 3H2
(7) Plastic box: 4H2
(d) The following non-specification
packagings are authorized for batteries
packed without other materials
provided all requirements of paragraph
(a) of this section, and for transportation
by aircraft, paragraph (b) of this section,
are met:
(1) Electric storage batteries are firmly
secured to skids or pallets capable of
withstanding the shocks normally
incident to transportation are authorized
for transportation by rail, highway, or
vessel. 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 and must not short out if a
conductive material is placed in direct
contact with them.
(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.
Such shipments may not be offered in
interchange service.
(3) One to three batteries not over 11.3
kg (25 pounds) each, packed in strong
outer boxes. The maximum authorized
gross weight is 34 kg (75 pounds).
(4) Not more than four batteries not
over 7 kg (15 pounds) each, packed in
strong outer fiberboard or wooden
boxes. 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. The maximum authorized gross
weight is 30 kg (65 pounds).
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(6) Single batteries not exceeding 34
kg (75 pounds) each, packed in 5-sided
slip covers or in completely closed
fiberboard boxes. Slip covers and boxes
must be of solid or double-faced
corrugated fiberboard of a least 91 kg
(200 pounds) Mullen test strength. The
slip cover or fiberboard box must fit
snugly and provide inside top clearance
of at least 1.3 cm (0.5 inch) above
battery terminals and filler caps with
reinforcement in place. Assembled for
shipment, the bottom edges of the
slipcover must come to within 2.5 cm (1
inch) of the bottom of the battery. The
completed package (battery and box or
slip cover) must be capable of
withstanding a top-to-bottom
compression test of at least 225 kg (500
pounds) without damage to battery
terminal caps, cell covers or filler caps.
(7) Single batteries exceeding 34 kg
(75 pounds) each may be packed in
completely closed fiberboard boxes.
Boxes must be of double-wall
corrugated fiberboard of at least 181 kg
(400 pounds) test, or solid fiberboard
testing at least 181 kg (400 pounds); a
box may have hand holes in its ends
provided that the hand holes will not
materially weaken the box. Sides and
ends of the box must have cushioning
between the battery and walls of the
box; combined thickness of cushioning
material and walls of the box must not
be less than 1.3 cm (0.5 inch); and
cushioning must be excelsior pads,
corrugated fiberboard, or other suitable
cushioning material. The bottom of the
battery must be protected by a minimum
of one excelsior pad or by a double-wall
corrugated fiberboard pad. The top of
the battery must be protected by a wood
frame, corrugated trays or scored sheets
of corrugated fiberboard having
minimum test of 91 kg (200 pounds), or
other equally effective cushioning
material. Top protection must bear
evenly on connectors and/or edges of
the battery cover to facilitate stacking of
batteries. No more than one battery may
be placed in one box. The maximum
authorized gross weight is 91 kg (200
pounds).
(e) When transported by highway or
rail, electric storage batteries containing
electrolyte or corrosive battery fluid are
not subject to any other requirements of
this subchapter, if all of the following
are met:
(1) No other hazardous materials may
be transported in the same vehicle;
(2) The batteries must be loaded or
braced so as to prevent damage and
short circuits in transit;
(3) Any other material loaded in the
same vehicle must be blocked, braced,
or otherwise secured to prevent contact
with or damage to the batteries; and
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
(4) The transport vehicle may not
carry material shipped by any person
other than the shipper of the batteries.
(f) Batteries can be considered as nonspillable provided they are capable of
withstanding the following two tests,
without leakage of battery fluid from the
battery:
(1) Vibration test. The battery must be
rigidly clamped to the platform of a
vibration machine, and a simple
harmonic motion having an amplitude
of 0.8 mm (0.03 inches) with a 1.6 mm
(0.063 inches) maximum total excursion
must be applied. The frequency must be
varied at the rate of 1 Hz/min between
the limits of 10 Hz to 55 Hz. The entire
range of frequencies and return must be
traversed in 95±5 minutes for each
mounting position (direction of vibrator)
of the battery. The battery must be
tested in three mutually perpendicular
positions (to include testing with fill
openings and vents, if any, in an
inverted position) for equal time
periods.
(2) Pressure differential test.
Following the vibration test, the battery
must be stored for six hours at 24 °C±4
°C (75 °F±7 °F) while subjected to a
pressure differential of at least 88 kPa
(13 psig). The battery must be tested in
three mutually perpendicular positions
(to include testing with fill openings
and vents, if any, in an inverted
position) for at least six hours in each
position.
(g) Electrolyte, acid or alkaline
corrosive battery fluid, packed with
batteries wet or dry, must be packed in
one of the following specification
packagings:
(1) In 4C1, 4C2, 4D, or 4F wooden
boxes with inner receptacles of glass,
not over 4.0 L (1 gallon) each with not
over 8.0 L (2 gallons) total in each
outside container. Inside containers
must be well-cushioned and separated
from batteries by a strong solid wooden
partition. The completed package must
conform to Packing Group III
requirements.
(2) Electrolyte, acid, or alkaline
corrosive battery fluid included with
electric storage batteries and filling kits
may be packed in strong rigid outer
packagings when shipments are made
by, for, or to the Departments of the
Army, Navy, or Air Force of the United
States. Packagings must conform to
military specifications. The electrolyte,
acid, or alkaline corrosive battery fluid
must be packed in polyethylene bottles
of not over 1.0 L (0.3 gallon) capacity
each. Not more than 24 bottles, securely
separated from electric storage batteries
and kits, may be offered for
transportation or transported in each
package.
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44851
(3) In 4G fiberboard boxes with not
more than 12 inside packagings of
polyethylene or other material resistant
to the lading, each not over 2.0 L (0.5
gallon) capacity each. Completed
packages must conform to Packing
Group III requirements. Inner
packagings must be adequately
separated from the storage battery. The
maximum authorized gross weight is 29
kg (64 pounds). These packages are not
authorized for transportation by aircraft.
(h) Dry batteries or battery charger
devices may be packaged in 4G
fiberboard boxes with inner receptacles
containing battery fluid. Completed
packagings must conform to Packing
Group III requirements. Not more than
12 inner receptacles may be packed in
one outer box. The maximum
authorized gross weight is 34 kg (75
pounds).
(i) When approved by the Associate
Administrator, electric storage batteries,
containing electrolyte or corrosive
battery fluid in a separate reservoir from
which fluid is injected into the battery
cells by a power device cartridge
assembled with the battery, and which
meet the criteria of paragraph (f) are not
subject to any other requirements of this
subchapter.
30. A new § 173.159a is added to read
as follows:
§ 173.159a
batteries.
Exceptions for non-spillable
(a) Exceptions for hazardous materials
shipments in the following paragraphs
are permitted only if this section is
referenced for the specific hazardous
material in the § 172.101 table or in a
packaging section in this part.
(b) Non-spillable batteries offered for
transportation or transported in
accordance with this section are subject
to the incident reporting requirements
of §§ 171.15 and 171.16 when
applicable.
(c) Non-spillable batteries are
excepted from the packaging
requirements of § 173.159 under the
following conditions:
(1) Non-spillable batteries must be
securely packed in strong outer
packagings and meet the requirements
of § 173.159(a). A non-spillable battery
which is an integral part of and
necessary for the operation of
mechanical or electronic equipment
must be securely fastened in the battery
holder on the equipment;
(2) For batteries manufactured after
September 30, 1995, the battery and
outer packaging must be plainly and
durably marked ‘‘NONSPILLABLE’’ or
‘‘NONSPILLABLE BATTERY’’. The
requirement to mark the outer package
does not apply when the battery is
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installed in a piece of equipment that is
transported unpackaged.
(d) Non-spillable batteries are
excepted from all other requirements of
this subchapter when offered for
transportation and transported in
accordance with paragraph (c) of this
section and:
(1) At a temperature of 55 °C (131 °F),
the battery must not contain any
unabsorbed free-flowing liquid, and
must be designed so that electrolyte will
not flow from a ruptured or cracked
case; and
(2) When transported by aircraft:
(i) The airway bill must contain the
words ‘‘not restricted’’; and
(ii) Any battery-powered device,
equipment or vehicle must be prepared
and packaged for transport so as to
prevent unintentional activation.
31. In § 173.162, paragraph (c) is
revised to read as follows:
§ 173.162
Gallium.
*
*
*
*
*
(c) Manufactured articles or
apparatuses containing gallium are not
subject to the requirements of this
subchapter except for the following:
(1) For transportation by aircraft:
(i) Each manufactured article or
apparatus contains no more than 100 mg
(0.0035 ounce) of gallium and is
packaged so that the quantity of gallium
per package does not exceed 1 g (0.35
ounce);
(ii) The incident reporting
requirements of § 171.15 of this
subchapter; and
(iii) The airway bill must contain the
words ‘‘not restricted.’’
(2) For transportation by motor
vehicle, rail, or vessel, each
manufactured article or apparatus, must
contain no more than 100 mg (0.0035
ounce) of gallium and is packaged so
that the quantity of gallium per package
does not exceed 1 g (0.35 ounce).
32. In § 173.164, paragraph (b) is
revised to read as follows:
§ 173.164 Mercury (metallic and articles
containing mercury).
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(b) Manufactured articles or
apparatuses containing mercury are not
subject to the requirements of this
subchapter except for the following:
(1) For transportation by aircraft:
(i) Each manufactured article or
apparatus contains no more than 100 mg
(0.0035 ounce) of mercury and is
packaged so that the quantity of
mercury per package does not exceed 1
g (0.35 ounce);
(ii) The incident reporting
requirements of § 171.15 of this
subchapter; and
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
(iii) The airway bill must contain the
words ‘‘not restricted.’’
(2) For transportation by motor
vehicle, rail, or vessel, each
manufactured article or apparatus, must
contain no more than 100 mg (0.0035
ounce) of mercury and is packaged so
that the quantity of mercury per package
does not exceed 1 g (0.35 ounce).
*
*
*
*
*
33. 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
except for transportation by air:
(i) The incident reporting
requirements of § 171.15 of this
subchapter; and
(ii) The air waybill must contain the
words ‘‘not restricted.’’
*
*
*
*
*
34. In § 173.186, paragraph (c) is
revised to read as follows:
§ 173.186
Matches.
*
*
*
*
*
(c) Safety matches and wax ‘‘Vesta’’
matches must be tightly packed in
securely closed inner packagings to
prevent accidental ignition under
conditions normally incident to
transportation, and further packed in
outer fiberboard, wooden, or other
equivalent-type packagings. These
matches in outer packagings not
exceeding 23 kg (50 pounds) gross
weight are not subject to any other
requirement of this subchapter except
for marking, and for transportation by
aircraft, the incident reporting
requirements of § 171.15 of this
subchapter and the air waybill must
contain the words ‘‘not restricted.’’
These matches may be packed in the
same outer packaging with materials not
subject to this subchapter.
*
*
*
*
*
35. In § 173.189, paragraph (e) is
revised to read as follows:
§ 173.189 Batteries containing sodium or
cells containing sodium.
*
*
*
*
*
(e) Vehicles, machinery and
equipment powered by sodium batteries
must be consigned under the entry
‘‘Battery-powered vehicle or Batterypowered equipment.’’
PO 00000
Frm 00050
Fmt 4701
Sfmt 4702
36. In § 173.196, paragraphs (a)(1) and
(a)(2) are revised to read as follows:
§ 173.196 Category A infectious
substances.
(a) * * *
(1) A leakproof primary receptacle.
(2) A leakproof secondary packaging.
If multiple fragile primary receptacles
are placed in a single secondary
packaging, they must be either wrapped
individually or separated to prevent
contact between them.
*
*
*
*
*
37. In subpart E of part 173, a new
§ 173.206 is added to read as follows:
§ 173.206 Packaging requirements for
chlorosilanes.
(a) When § 172.101 of this subchapter
specifies that a hazardous material be
packaged under this section, only nonbulk packagings prescribed in this
section may be used for its
transportation. Each packaging must
conform to the general packaging
requirements of subpart B of part 173,
to the requirements of part 178 of this
subchapter at the Packing Group I or II
performance level (unless otherwise
excepted), and to the particular
requirements of the special provisions
of Column (7) of the § 172.101 Table.
(b) The following combination
packagings are authorized:
Outer packagings:
Steel drum: 1A2
Plastic drum: 1H2
Plywood drum: 1D
Fiber drum: 1G
Steel box: 4A
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H1
Solid plastic box: 4H2
Inner packagings:
Glass or Steel receptacle
(c) Except for transportation by
passenger aircraft, the following single
packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1
Plastic receptacle in steel drum: 6HA1
38. In § 173.220, paragraphs (a)(2), (c),
(d), and (e)(1), and the last two
sentences of paragraph (g)(2) 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.
(a) * * *
(2) It is equipped with a wet battery
(including a non-spillable battery), a
sodium battery or lithium battery; or
*
*
*
*
*
E:\FR\FM\31JYP2.SGM
31JYP2
44853
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
(c) Battery-powered or installed.
Batteries must be securely installed, and
wet batteries must be fastened in an
upright position. Batteries must be
protected against short circuits and
leakage or removed and packaged
separately under § 173.159. Batterypowered vehicles, machinery or
equipment including battery-powered
wheelchairs and mobility aids are not
subject to any other requirements of this
subchapter except § 173.21 when
transported by rail, highway or vessel.
(d) Lithium batteries. Except as
provided in § 173.185 of this
subchapter, vehicles, engines and
machinery powered by lithium metal
batteries that are transported with these
batteries installed are forbidden aboard
passenger-carrying aircraft. Lithium
batteries contained in vehicles, engines
or mechanical equipment must be
securely fastened in the battery holder
of the vehicle, engine or mechanical
equipment and be protected in such a
manner as to prevent damage and short
circuits (e.g., by the use of nonconductive caps that cover the terminals
entirely). 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, engines or mechanical
equipment) containing lithium batteries,
must be described as ‘‘Lithium batteries
contained in equipment’’ and
transported in accordance with
§ 173.185 and applicable special
provisions.
(e) Other hazardous materials. (1)
Items containing hazardous materials,
such as, fire extinguishers, compressed
gas accumulators, safety devices and
other hazardous materials which are
integral components of the motor
vehicle, engine or mechanical
equipment and are necessary for the
operation of the vehicle, engine or
mechanical equipment, or for the safety
of its operator or passengers must be
securely installed in the motor vehicle,
engine or mechanical equipment. Such
items are not otherwise subject to the
requirements of this subchapter.
Equipment (other than vehicles, engines
or mechanical equipment) containing
lithium batteries must be described as
‘‘Lithium batteries contained in
equipment’’ and transported in
accordance with § 173.185 and
applicable special provisions.
*
*
*
*
*
(g) * * *
(2) * * * For transportation by
aircraft, the provisions of § 173.159(d)(2)
as applicable, other applicable
requirements of this subchapter,
including shipping papers, emergency
response information, notification of
pilot-in-command, general packaging
requirements, and the requirements
specified in § 173.27 must be met. For
transportation by vessel, additional
exceptions are specified in § 176.905 of
this subchapter.
39. In § 173.222, the section heading
and paragraph (c)(3) are revised to read
as follows:
§ 173.222 Dangerous goods in equipment,
machinery or apparatus.
*
*
*
*
*
(c) * * *
(3) 0.5 kg (1.1 pounds) in the case of
Division 2.2 gases. For transportation by
aircraft, Division 2.2 gases with
subsidiary risks and refrigerated
liquefied gases are not authorized; and
*
*
*
*
*
40. a. In § 173.225, in paragraph (c)(8),
the Organic Peroxide Table is amended
by removing and adding the following
entries in the appropriate order; and in
the ‘‘NOTES’’ immediately following
the Table, a new Note ‘‘29,’’ ‘‘30’’ and
‘‘31’’ are added in the appropriate
numerical order.
b. In paragraph (e), the Organic
Peroxide IBC Table is amended by
removing and adding the following
entries in the appropriate order.
c. In paragraph (g), the Organic
Peroxide Portable Tank Table is
amended by adding and revising the
following entries in the appropriate
order.
§ 173.225 Packaging requirements and
other provisions for organic peroxides.
*
*
*
(c) * * *
(8) * * *
*
*
ORGANIC PEROXIDE TABLE
Technical name
ID No.
Concent.
(mass %)
Diluent
(mass %)
A
Diluent
(mass %)
B
Diluent
(mass %)
I
Water
(mass %)
Packing
method
Temp
control
Temp
emergency
Notes
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
(6)
(7a)
(7b)
(8)
*
*
tert-Amyl peroxy-3,5,5-trimethylhexanoate ..
*
≤100 ......
................
*
................
*
................
................
*
OP5.
*
3101 ......
*
*
Cyclohexanone peroxide(s) ..........................
*
...............
................
*
................
*
≥68
................
*
Exempt.
*
Exempt ..
*
*
Dibenzoyl peroxide .......................................
*
≤35 ........
................
*
................
*
≥65
................
*
Exempt.
*
Exempt ..
*
*
Di-(2-tert-butylperoxyisopropyl) benzene(s)
*
≤42 ........
................
*
................
*
≥58
................
*
Exempt.
*
Exempt ..
*
*
Di-4-chlorobenzoyl peroxide .........................
*
≤32 ........
................
*
................
*
≥68
................
*
Exempt.
*
Exempt ..
*
*
Dicumyl peroxide ..........................................
*
≤52 ........
................
*
................
*
≥48
................
*
Exempt.
*
Exempt ..
*
*
Di-(2-ethylhexyl) peroxydicarbonate [as a
stable dispersion in water].
3117 ......
*
≤62 ........
................
*
................
*
................
................
*
OP8 .......
jlentini on PROD1PC65 with PROPOSALS2
[REMOVE]
*
*
*
*
*
*
¥15
*
¥5
*
[ADD]
*
*
tert-Amyl peroxyneodecanoate ....................
VerDate Aug<31>2005
20:54 Jul 30, 2008
3119 ......
Jkt 214001
PO 00000
*
≤47 ........
Frm 00051
≥53
Fmt 4701
*
................
Sfmt 4702
*
................
................
E:\FR\FM\31JYP2.SGM
*
OP8 .......
31JYP2
*
0
+10
44854
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
ORGANIC PEROXIDE TABLE—Continued
Technical name
ID No.
Concent.
(mass %)
Diluent
(mass %)
A
Diluent
(mass %)
B
Diluent
(mass %)
I
Water
(mass %)
Packing
method
Temp
control
Temp
emergency
Notes
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
(6)
(7a)
(7b)
(8)
*
*
tert-Amyl peroxypivalate ...............................
tert-Amyl peroxy-3,5,5-trimethylhexanoate ..
3119 ......
3105 ......
*
≤32 ........
≤100 ......
≥68
................
*
................
................
*
................
................
................
................
*
OP8 .......
OP7.
*
*
tert-Butyl peroxy-3,5,5-trimethlyhexanoate ..
3106 ......
*
≤42 ........
................
*
................
*
≥58
................
*
OP7.
*
*
Cumyl peroxyneodecanoate .........................
3115 ......
*
≤87 ........
≥13
*
................
*
................
................
*
OP7 .......
¥10
0
*
*
Cyclohexanone peroxide(s) ..........................
Exempt ..
*
≤32 ........
................
*
................
*
≥68
................
*
Exempt ..
................
*
................
*
*
2,2-DI-(tert-amylperoxy)-butane ...................
3105 ......
*
≤57 ........
≥43
*
................
*
................
................
*
OP7.
*
*
Dibenzoyl peroxide .......................................
Exempt ..
*
≤35 ........
................
*
................
*
≥65
................
*
Exempt ..
*
*
tert-Butyl peroxybenzoate ............................
3109 ......
*
≤32 ........
≥68
*
................
*
................
................
*
OP8.
*
*
1,1-DI-(tert-butylperoxy)-cyclohexane ..........
*
≤72 ........
*
3103 ......
................
≥28
*
................
................
*
OP5 .......
*
*
1,1-Di-(tert-Butylperoxy) cyclohexane ..........
*
≤37 ........
≥63
*
................
*
................
................
*
OP8.
*
3109 ......
*
*
1,1-DI-(tert-butylperoxy)-Cyclohexane + tertbutyl peroxy-2-ethylhexanoate.
*
≤43 + ≤16
≥41
*
................
*
................
................
*
OP7.
*
3105 ......
*
*
Di-(2-tert-butylperoxyisopropyl) benzene(s)
Exempt ..
*
≤42 ........
................
*
................
*
≥58
................
*
Exempt ..
................
*
................
29
*
1,1-DI-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
3103 ......
*
≤90 ........
................
≥10
*
................
................
*
OP5 .......
................
*
................
30
*
*
DI-2,4-dichlorobenzoyl peroxide [as a paste]
3118 ......
*
≤52 ........
................
*
................
*
................
................
*
OP8 .......
+20
+25
*
*
Di-4-chlorobenzoyl peroxide .........................
Exempt ..
*
≤32 ........
................
*
................
*
≥68
................
*
Exempt ..
................
*
................
29
*
*
Dicumyl peroxide ..........................................
Exempt ..
*
≤52 ........
................
*
................
*
≥48
................
*
Exempt ..
................
*
................
29
*
*
Di-(2-ethylhexyl) peroxydicarbonate [as a
stable dispersion in water].
3119 ......
*
≤62 ........
................
*
................
*
................
................
*
OP8 .......
¥15
*
*
Di-(2-neodecanoyl-peroxyisopropyl)
benzene, as stable dispersion in water.
3119 ......
*
<42 ........
................
*
................
*
................
................
*
OP8 .......
¥15
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
3115 ......
*
≤77 ........
≥23
*
................
*
................
................
*
OP7 .......
¥5
3119 ......
*
≤52 ........
................
*
................
*
................
................
*
OP8 .......
¥5
3117 ......
*
≤52 ........
≥48
*
................
*
................
................
*
OP8 .......
¥5
+5
≥70
*
................
*
................
................
*
OP8 .......
................
*
................
................
*
................
*
................
................
*
OP8.
*
*
*
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate [as a stable dispersion in water].
jlentini on PROD1PC65 with PROPOSALS2
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
*
*
*
Methyl isopropyl ketone peroxide(s) ............
3109 ......
*
*
3,3,5,7,7-Pentamethyl-1,2,4-Trioxepane ......
3107 ......
VerDate Aug<31>2005
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Jkt 214001
PO 00000
*
*
(See remark
31).
*
≤100 ......
Frm 00052
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E:\FR\FM\31JYP2.SGM
31JYP2
*
+10
+15
*
*
29
*
................
*
................
29
*
................
*
................
30
*
*
¥5
*
¥5
*
+5
*
+5
*
*
31
44855
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
ORGANIC PEROXIDE TABLE—Continued
Technical name
ID No.
Concent.
(mass %)
Diluent
(mass %)
A
Diluent
(mass %)
B
Diluent
(mass %)
I
Water
(mass %)
Packing
method
Temp
control
Temp
emergency
Notes
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
(6)
(7a)
(7b)
(8)
*
*
*
*
*
*
*
*
29. Not subject to the requirements of
this subchapter for Division 5.2.
30. Diluent type B with boiling point
>130 °C (266 °F).
NOTES
*
*
*
*
*
31. Available oxygen ≤6.7%.
*
*
*
*
(e) * * *
ORGANIC PEROXIDE IBC TABLE
UN No.
Type of
IBC
Organic peroxide
Maximum
quantity (litres)
Control temperature
Emergency
temperature
[REMOVE]
*
3109 .................................
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID.
*
*
*
*
tert-Butyl peroxy-3,5,5-trimethylhexanoate, not more
than 32% in diluent type A.
*
*
*
*
*
1250
31HA1
*
3119 .................................
*
31A
*
1000
*
*
*
*
tert-Butyl peroxyneodecanoate, not more than 42%,
stable dispersion, in water.
Di-(2-ethylhexyl) peroxydicarbonate, not more than
52%, staple dispersion, in water.
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED.
*
31A
1250
¥5 °C
31A
1250
¥20 °C
*
*
*
*
*
+5 °C
¥10 °C
*
*
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID.
*
*
*
*
*
*
*
*
*
*
*
[ADD]
*
3109 .................................
*
*
*
*
tert-Butyl peroxybenzoate, not more than 32% in diluent type A.
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
VerDate Aug<31>2005
1250
1000
*
*
*
1,1-Di-(tert-Butylperoxy) cyclohexane, not more than
37% in diluent type A.
*
31A
1250
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED.
*
*
*
*
tert-Amyl peroxypivalate, not more than 32% in diluent type A.
*
31A
1250
*
*
*
tert-Butyl peroxyneodecanoate, not more than 52%,
stable dispersion, in water.
*
31A
1250
*
*
*
Di-(2-ethylhexyl) peroxydicarbonate, not more than
62%, staple dispersion, in water.
*
3119 .................................
*
31A
31HA1
*
1250
*
*
*
tert-Butyl peroxy-3,5,5-trimethylhexanoate, not more
than 37% in diluent type A.
*
*
31A
*
31A
1250
20:54 Jul 30, 2008
Jkt 214001
PO 00000
Frm 00053
Fmt 4701
Sfmt 4702
E:\FR\FM\31JYP2.SGM
*
*
*
31JYP2
+10 °C
¥5 °C
¥20 °C
*
*
*
+15 °C
+5 °C
¥10 °C
44856
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
ORGANIC PEROXIDE IBC TABLE—Continued
UN No.
*
*
*
*
Di-(2-neodecanoylperoxyisopropyl) benzene,
more than 42%, stable dispersion, in water.
not
*
31A
*
31A
1250
*
*
*
Control temperature
1250
*
*
Maximum
quantity (litres)
*
*
*
3-Hydroxy-1,1-dimethylbutyl peroxy-neodecanoate,
not more than 52%, stable dispersion, in water.
*
*
Type of
IBC
Organic peroxide
*
*
*
*
*
*
Emergency
temperature
*
¥15 °C
*
¥15 °C
*
¥5 °C
¥5 °C
*
(g) * * *
ORGANIC PEROXIDE PORTABLE TANK TABLE
UN No.
Hazardous material
Minimum shell
thickness (mm-reference steel)
See . . .
Minimum
test pressure (bar)
Bottom opening requirements
See . . .
Pressure relief requirements
See . . .
Filling limits
Control
temperature
Emergency
temperature
[REMOVE].
3119 .......
*
ORGANIC PEROXIDE, TYPE F,
LIQUID, TEMPERATURE
CONTROLLED.
Di-(3,5,5-trimethylhexanoyl) peroxide, not more
than 38% in diluent type A.
*
*
*
4
§ 178.274(d)(2)
*
*
§ 178.275(d)(3)
*
§ 178.275(g)(1)
*
0 °C
+5 °C
¥10 °C
¥5 °C
Not more than 90%
at 59 °F (15 °C).
*
*
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F,
LIQUID, TEMPERATURE
CONTROLLED.
tert-Amyl
peroxyneodecanoate, not more
than 47% in diluent type A.
*
*
*
*
*
*
*
Di-(3,5,5-trimethylhexanoyl) peroxide, not more
than 38% in diluent type A or
type B.
*
[ADD]
3119 .......
*
4
§ 178.274(d)(2)
§ 178.275(d)(3)
§ 178.275(g)(1)
Not more than 90%
at 59 °F (15 °C).
4
*
§ 178.274(d)(2)
*
§ 178.275(d)(3)
*
§ 178.275(g)(1)
*
Not more than 90%
at 59 °F (15 °C).
*
*
41. In § 173.226, paragraph (c) is
revised to read as follows:
§ 173.226 Materials poisonous by
inhalation, Division 6.1, Packing Group I,
Hazard Zone A.
jlentini on PROD1PC65 with PROPOSALS2
*
*
*
*
*
(c) In combination packagings,
consisting of an inner packaging system
and an outer packaging, as follows:
(1) Outer packagings:
Steel drum: 1A2
Aluminum drum: 1B2
VerDate Aug<31>2005
20:54 Jul 30, 2008
Jkt 214001
*
*
Metal drum, other than steel or
aluminum: 1N2
Plywood drum: 1D
Fiber drum: 1G
Plastic drum: 1H2
Steel box: 4A
Aluminum box: 4B
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H2
Solid plastic box: 4H2
PO 00000
Frm 00054
Fmt 4701
Sfmt 4702
*
*
0 °C
+5 °C
*
(2) Inner packaging system. The inner
packaging system consists of two
packagings:
(i) An impact-resistant receptacle of
glass, earthenware, plastic or metal
securely cushioned with a non-reactive,
absorbent material, and
(A) Capacity of each inner receptacle
may not exceed 4 L (1 gallon).
(B) An inner receptacle that has a
closure must have a closure which is
physically held in place by any means
capable of preventing back-off or
E:\FR\FM\31JYP2.SGM
31JYP2
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
loosening of the closure by impact or
vibration during transportation.
(ii) Packed within a leak-tight
packaging of metal or plastic.
(iii) This combination packaging in
turn is packed within the outer
packaging.
(3) Additional requirements:
(i) The total amount of liquid
contained in the outer packaging must
not exceed 16 L (4 gallons).
(ii) The inner packaging system must
conform to the performance test
requirements of subpart M of part 178
of this subchapter, at the Packaging
Group I performance level when
subjected to the following tests:
(A) § 178.603—Drop Test
(B) § 178.604—Leakproofness Test
(C) § 178.605—Hydrostatic Pressure
Test
(iii) The inner packaging system must
meet the above tests without the benefit
of the outer packaging.
(iv) The leakproofness and hydrostatic
pressure test may be conducted on
either the inner receptacle or the outer
packaging of the inner packaging
system.
(v) The outer package must conform
to the performance test requirements of
subpart M of part 178 of this subchapter,
at the Packaging Group I performance
level as applicable for the type of
package being used.
*
*
*
*
*
42. Section 173.230 is revised to read
as follows:
jlentini on PROD1PC65 with PROPOSALS2
§ 173.230 Fuel cell cartridges containing
hazardous material.
(a) Requirements for fuel cell
cartridges. Fuel cell cartridges,
including when contained or packed
with equipment, must be designed and
constructed to prevent fuel leakage
under normal conditions of
transportation and be free of electric
charge generating components. Fuel cell
cartridge design types using liquids as
fuels must pass an internal pressure test
at a gauge pressure of 100 kPa (15 psig)
without leakage. Except for fuel cell
cartridges containing hydrogen in metal
hydride which must be in conformance
with paragraph (d) of this section, each
fuel cell cartridge design type including
when contained in or packed with
equipment, must pass a 1.2 meter (3.9
feet) drop test onto an unyielding
surface in the orientation most likely to
result in the failure of the containment
system with no loss of contents. Fuel
cells installed in or integral to a fuel cell
system are regarded as contained in
equipment. Fuel cell cartridges
containing a Division 2.1, Division 4.3
or Class 8 material must meet the
following additional requirements.
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
(b) A fuel cell cartridge designed to
contain a Division 4.3 or a Class 8
material may contain an activator
provided it is fitted with two
independent means of preventing
unintended mixing with the fuel during
transport.
(c) Each fuel cell cartridge designed to
contain a liquefied flammable gas must:
(1) Be capable of withstanding,
without leakage or bursting, a pressure
of at least two times the equilibrium
pressure of the contents at 55 °C (131
°F);
(2) Contain no more than 200 mL of
liquefied flammable gas with a vapor
pressure not exceeding 1,000 kPa (150
psig) at 55 °C (131 °F); and
(3) Pass the hot water bath test
prescribed in accordance with
§ 173.306(a)(3)(v).
(d) Each fuel cell cartridge designed to
contain hydrogen in a metal hydride
must conform to the following:
(1) Each fuel cell cartridge must have
a water capacity less than or equal to
120 mL (4 fluid ounces).
(2) Each fuel cell cartridge must be
capable of withstanding, without
leakage or bursting, a pressure of at least
two times the design pressure of the
cartridge at 55 °C (131 °F) or 200 kPa (30
psig) more than the design pressure of
the cartridge at 55 °C (131 °F),
whichever is greater. The pressure
within the fuel cell cartridge must not
exceed 5 MPa (650 psig) at 55 °C (131
°F). The pressure at which the test is
conducted is referred to as the
‘‘minimum shell burst pressure.’’
(3) Each fuel cell cartridge must be
filled in accordance with the procedure
provided by the manufacturer. The
manufacturer must provide the
following information with each fuel
cell cartridge:
(i) Inspection procedures to be carried
out before initial filling and before
refilling of the fuel cell cartridge;
(ii) Safety precautions and potential
hazards to be aware of;
(iii) A method of determining when
the rated capacity has been achieved;
(iv) Minimum and maximum pressure
range;
(v) Minimum and maximum
temperature range; and
(vi) Any other requirements to be met
for initial filling and refilling including
the type of equipment to be used.
(4) Each fuel cell cartridge must be
permanently marked with the following
information:
(i) The rated charging pressure in
megapascals (MPa);
(ii) The manufacturer’s serial number
of the fuel cell cartridges or unique
identification number; and
(iii) The expiration date based on the
maximum service life (yyyy/mm).
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(5) Each fuel cell cartridge design type
must be subjected to and pass the
following tests (this includes cartridges
integral to a fuel cell):
(i) Drop test. A 1.8 m (5.9 feet) drop
test onto an unyielding surface must be
performed. There must be no leakage.
Leakage must be determined using a
soap bubble solution or other equivalent
means on all possible leak locations,
when the fuel cell cartridge is charged
to its rated charging pressure. The fuel
cell cartridge must then be
hydrostatically pressurized to
destruction. The burst pressure must be
greater than 85% of the minimum shell
burst pressure. The drop must be
performed in the following four
different orientations:
(A) Vertically, on the end containing
the shut-off valve assembly;
(B) Vertically, on the end opposite to
the shut-off valve assembly;
(C) Horizontally, onto a steel apex
with a diameter of 3.8 cm (9.7 in), with
the steel apex in the upward position;
and
(D) At a 45° angle on the end
containing the shut-off valve assembly.
(ii) Fire test. Each fuel cell cartridge
filled (with hydrogen) to rated capacity
must be subjected to a fire engulfment
test. The cartridge design (including
design types with an integral vent
feature) is deemed to pass the fire test
if:
(A) The internal pressure vents to zero
gauge pressure without the rupture of
the cartridge; or
(B) The cartridge withstands the fire
for a minimum of 20 minutes without
rupture.
(iii) Hydrogen cycling test. Each fuel
cell cartridge must be subjected to a
hydrogen cycling test to ensure that the
design stress limits are not exceeded
during use. The fuel cell cartridge must
be cycled from not more than 5% rated
hydrogen capacity to not less than 95%
rated hydrogen capacity and back to not
more than 5% rated hydrogen capacity.
The rated charging pressure used for
charging and temperatures must be
within the operating temperature range.
The cycling must be continued for at
least 100 cycles. Following the cycling
test the fuel cell cartridge must be
charged and the water volume displaced
by the cartridge must be measured. The
design is deemed to pass the test if the
water volume displaced by the cycled
cartridge does not exceed the water
volume displaced by an uncycled
cartridge charged to 95% rated capacity
and pressurized to 75% of its minimum
shell burst pressure.
(iv) Production leak test. Each fuel
cell cartridge must be tested for leaks at
15 °C ± 5 °C (59 °F ± 20 °F) while
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pressurized to its rated charging
pressure. There must be no leakage.
Leakage must be determined using a
soap bubble solution or other equivalent
means on all possible leak locations.
(e) The following packagings are
authorized provided the general
packaging requirements subpart B of
part 173 of this subchapter are met:
(1) For fuel cell cartridges, rigid
packagings conforming to the
requirements of part 178 of this
subchapter at the packing group II
performance level; and
(2) Strong outer packagings for fuel
cell cartridges contained in equipment
or packed with equipment. Large
equipment containing fuel cell
cartridges may be transported
unpackaged if the equipment provides
an equivalent level of protection.
(i) Fuel cell cartridges packed with
equipment must be packed in inner
packagings and placed in the outer
packaging along with the equipment
they are capable of powering or placed
in the outer packaging with cushioning
material or dividers. The fuel cell
cartridges must be protected against
damage that may be caused by the
shifting or placement of the equipment
and cartridges within the outer
packaging; and
(ii) Fuel cell cartridges installed in
equipment must be protected against
short circuit and unintentional
activation.
(f) For transportation by aircraft, the
following additional provisions apply:
(1) The package must comply with the
applicable provisions of § 173.27 of this
subchapter;
(2) For fuel cells contained in
equipment, fuel cell systems must not
charge batteries during transport;
(3) For transportation aboard
passenger aircraft, each fuel cell system
and fuel cell cartridge must conform to
IEC PAS 62282–6–1 Ed. 1 (IBR, see
§ 171.7 of this subchapter) or a standard
approved by the Associate
Administrator;
(4) For fuel cells packed with
equipment, the fuel cell cartridges must
be packed in inner packagings and
placed in the outer packaging along
with the equipment they are capable of
powering;
(5) The maximum number of fuel cell
cartridges in the intermediate packaging
must be the minimum number required
to power the equipment, plus 2 spares;
(6) Fuel cell cartridges must not
charge batteries during transport; and
(7) Large robust articles containing
fuel cells may be transported
unpackaged when approved by the
Associate Administrator.
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(8) Fuel cells intended for
transportation in carry-on baggage on
board passenger aircraft must also
comply with the applicable provisions
prescribed in § 175.10 of this
subchapter.
(g) Limited quantities. Limited
quantities of hazardous materials
contained in fuel cell cartridges are
excepted from the labeling, placarding
and the specification packaging
requirements of this subchapter when
packaged according to this section. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. Limited quantities of fuel
cell cartridges are not permitted for
transportation by aircraft. For
transportation by highway, rail and
vessel, the following combination
packagings are authorized:
(1) For flammable liquids, in fuel cell
cartridges not over 1.0 L (0.3 gallon) net
capacity each, packed in strong outer
packaging.
(2) For water-reactive substances
(Division 4.3 Dangerous when wet
material), in fuel cell cartridges not over
0.5 L (16.9 fluid ounces) net capacity
each for liquids or not over 0.5 kg (1.1
pound) net capacity each for solids,
packed in strong outer packaging.
(3) For corrosive materials, in fuel cell
cartridges not over 1.0 L (0.3 gallon) net
capacity each for liquids or not over 1.0
kg (2.2 pounds) net capacity each for
solids packed in strong outer packaging.
(4) For liquefied (compressed)
flammable gas, in fuel cell cartridges not
over 120 mL (4 fluid ounces) net
capacity each, packed in strong outer
packaging.
(5) For hydrogen in metal hydride, in
fuel cell cartridges not over 120 mL (4
fluid ounces) net capacity each, packed
in strong outer packaging.
(h) Consumer commodities. A limited
quantity which conforms to the
provisions of paragraph (g) of this
section and is a ‘‘consumer commodity’’
as defined in § 171.8 of this subchapter
may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D.
In addition to the exceptions provided
in paragraph (g) of this section,
shipments of ORM–D materials are not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, and are eligible for the
exceptions provided in § 173.156.
43. Section 173.304b is revised to read
as follows:
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§ 173.304b Additional requirements for
shipment of liquefied compressed gases in
UN pressure receptacles.
(a) General. Liquefied gases and gas
mixtures must be offered for
transportation in UN pressure
receptacles subject to the requirements
in this section and § 173.304. In
addition, the general requirements
applicable to UN pressure receptacles in
§§ 173.301 and 173.301b must be met.
(b) UN pressure receptacle filling
limits. A UN pressure receptacle is
authorized for the transportation of
liquefied compressed gases and gas
mixtures as specified in this section.
When a liquefied compressed gas or gas
mixture is transported in a UN pressure
receptacle, the filling ratio may not
exceed the maximum filling ratio
prescribed in this section and the
applicable ISO standard. Compliance
with the filling limits may be
determined by referencing the
numerical values and data in Table 2 of
P200 of the UN Recommendations (IBR,
see § 171.7 of this subchapter).
Alternatively, the maximum allowable
filling limits may be determined as
follows:
(1) For high pressure liquefied gases,
in no case may the filling ratio of the
settled pressure at 65 °C (149 °F) exceed
the test pressure of the UN pressure
receptacle.
(2) For low pressure liquefied gases,
the filling factor (maximum mass of
contents per liter of water capacity)
must be less than or equal to 95 percent
of the liquid phase at 50 °C. In addition,
the UN pressure receptacle may not be
liquid full at 60 °C. The test pressure of
the pressure receptacle must be equal to
or greater than the vapor pressure of the
liquid at 65 °C.
(3) For high pressure liquefied gases
or gas mixtures, the maximum filling
ratio may be determined using the
formulas in (3)(b) of P200 of the UN
Recommendations.
(4) For low pressure liquefied gases or
gas mixtures, the maximum filling ratio
may be determined using the formulas
in (3)(c) of P200 of the UN
Recommendations.
(c) Tetraflouroethylene, stabilized,
UN1081 must be packaged in a pressure
receptacle with a minimum test
pressure of 200 bar and a working
pressure not exceeding 5 bar.
(d) Fertilizer ammoniating solution
with free ammonia, UN1043 is not
authorized in UN tubes or MEGCs.
44. In § 173.306, new paragraph (a)(5)
is added; and paragraphs (b)(1), (b)(2),
(b)(3), (i), and (j) are revised to read as
follows:
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§ 173.306 Limited quantities of
compressed gases.
(a) * * *
(5) For limited quantities of Division
2.2 gases with no subsidiary risk, when
in a plastic container for the sole
purpose of expelling a liquid, paste or
powder, provided all of the following
conditions are met. Special exceptions
for shipment of aerosols in the ORM-D
class are provided in paragraph (i) of
this section.
(i) Capacity must not exceed 1 L (61.0
cubic inches).
(ii) Pressure in the container must not
exceed 160 psig at 130 °F. If the
pressure in the container is less than
140 psig at 130 °F, a non-DOT
specification container may be used. If
the pressure in the container exceeds
140 psig at 130 °F but does not exceed
160 psig at 130 °F, the container must
conform to specification DOT 2S. All
non-DOT specification and specification
DOT 2S containers must be capable of
withstanding, without bursting, a
pressure of one and one-half times the
equilibrium pressure of the contents at
130 °F.
(iii) Liquid content of the material and
gas must not completely fill the
container at 130 °F.
(iv) The container must be packed in
strong outside packagings.
(v) Each container must be subjected
to a test performed in a hot water bath;
the temperature of the bath and the
duration of the test must be such that
the internal pressure reaches that which
would be reached at 55 °C (131 °F) or
50 °C (122 °F) if the liquid phase does
not exceed 95% of the capacity of the
container at 50 °C (122 °F). If the
contents are sensitive to heat, the
temperature of the bath must be set at
between 20 °C (68 °F) and 30 °C (86 °F)
but, in addition, one container in 2,000
must be tested at the higher
temperature. No leakage or permanent
deformation of a container may occur.
(vi) Each outside packaging must be
marked ‘‘INSIDE CONTAINERS
COMPLY WITH PRESCRIBED
REGULATIONS.’’
*
*
*
*
*
(b) * * *
(1) Foodstuffs or soaps in a
nonrefillable metal or plastic container
not exceeding 1 L (61.0 cubic inches),
with soluble or emulsified compressed
gas, provided the pressure in the
container does not exceed 140 psig at
130 °F. Plastic containers must only
contain Division 2.2 non-flammable
soluble or emulsified compressed gas.
The metal or plastic container must be
capable of withstanding, without
bursting, a pressure of one and one-half
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times the equilibrium pressure of the
contents at 130 °F.
(i) Containers must be packed in
strong outside packagings.
(ii) Liquid content of the material and
the gas must not completely fill the
container at 130 °F.
(iii) Each outside packaging must be
marked ‘‘INSIDE CONTAINERS
COMPLY WITH PRESCRIBED
REGULATIONS.’’
(2) Cream in refillable metal or plastic
containers with soluble or emulsified
compressed gas. Plastic containers must
only contain Division 2.2 nonflammable soluble or emulsified
compressed gas. Containers must be of
such design that they will hold pressure
without permanent deformation up to
375 psig and must be equipped with a
device designed so as to release pressure
without bursting of the container or
dangerous projection of its parts at
higher pressures. This exception applies
to shipments offered for transportation
by refrigerated motor vehicles only.
(3) Nonrefillable metal or plastic
containers charged with a Division 6.1
Packing Group III or nonflammable
solution containing biological products
or a medical preparation which could be
deteriorated by heat, and compressed
gas or gases. Plastic containers must
only contain 2.2 non-flammable soluble
or emulsified compressed gas. The
capacity of each container may not
exceed 35 cubic inches (19.3 fluid
ounces). The pressure in the container
may not exceed 140 psig at 130 °F, and
the liquid content of the product and
gas must not completely fill the
containers at 130 °F. One completed
container out of each lot of 500 or less,
filled for shipment, must be heated,
until the pressure in the container is
equivalent to equilibrium pressure of
the contents at 130 °F. There must be no
evidence of leakage, distortion, or other
defect. The container must be packed in
strong outside packagings.
*
*
*
*
*
(i) A limited quantity which conforms
to the provisions of paragraph (a)(1),
(a)(3), (a)(5), or (b) of this section and is
a ‘‘consumer commodity’’ as defined in
§ 171.8 of this subchapter, may be
renamed ‘‘consumer commodity’’ and
reclassed as ORM–D material. Each
package may not exceed 30 kg (66
pounds) gross weight. In addition to the
exceptions provided by paragraphs (a)
and (b) of this section—
(1) Outside packagings are not
required to be marked ‘‘INSIDE
CONTAINERS COMPLY WITH
PRESCRIBED REGULATIONS’’;
(2) Shipments of ORM–D materials
are not subject to the shipping paper
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requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, a hazardous waste, or a
marine pollutant or unless offered for
transportation or transported by aircraft;
and
(3) Shipments of ORM–D materials
are eligible for the exceptions provided
in § 173.156.
(j) 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
except for transportation by aircraft, the
incident reporting requirements of
§ 171.15 of this subchapter and the air
waybill must contain the words ‘‘not
restricted.’’ 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 paragraph
(j) does not apply to a self-defense spray
(e.g., pepper spray).
45. In § 173.307, new paragraph (a)(5)
is added to read as follows:
§ 173.307
gases.
Exceptions for compressed
(a) * * *
(5) Manufactured articles or
apparatuses, each containing not more
than 100 mg (0.0035 ounce) of inert gas
and packaged so that the quantity of
inert gas per package does not exceed 1
g (0.35 ounce) except for transportation
by aircraft, the incident reporting
requirements of § 171.15 of this
subchapter and the air waybill must
contain the words ‘‘not restricted.’’
*
*
*
*
*
46. In § 173.322, paragraph (d) is
revised to read as follows:
§ 173.322
Ethyl chloride.
*
*
*
*
*
(d) In specification cylinders as
prescribed for any compressed gas
except acetylene and cylinders made of
aluminum alloy.
PART 175—CARRIAGE BY AIRCRAFT
47. The authority citation for part 175
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.45 and 1.53.
48. In § 175.10, paragraph (a)
introductory text, and paragraphs (a)(10)
and (a)(15) are revised and new
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paragraphs (a)(18) and (c) are added to
read as follows:
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§ 175.10 Exceptions for passengers,
crewmembers, and air operators.
(a) This subchapter does not apply to
the following hazardous materials when
carried by aircraft passengers or
crewmembers provided the
requirements of §§ 171.15 and 171.16 of
this subchapter (see paragraph (c) of this
section) and the requirements of this
section are met:
*
*
*
*
*
(10) Dry ice (carbon dioxide, solid),
with the approval of the operator:
(i) Quantities may not exceed 2.5 kg
(5.5 pounds) per person when used to
pack perishables not subject to the
HMR. The package must permit the
release of carbon dioxide gas; and
(ii) When carried in checked baggage,
each package is marked ‘‘DRY ICE’’ or
‘‘CARBON DIOXIDE, SOLID,’’ and
marked with the net weight of dry ice
or an indication the net weight is 2.5 kg
(5.5 pounds) or less.
*
*
*
*
*
(15) * * *
(i) The battery meets the requirements
of § 173.159a(d) of this subchapter for
non-spillable batteries;
(ii) Visual inspection including
removal of the battery, where necessary,
reveals no obvious defects (removal of
the battery from the housing should be
performed by qualified airline personnel
only);
(iii) The battery is disconnected
unless the wheelchair or mobility aid
design provides an effective means of
preventing unintentional activation;
(iv) The battery terminals are
protected to prevent short circuits; and
(v) The battery is securely attached to
the wheelchair or mobility aid; or,
(A) Is removed and placed in a strong,
rigid packaging marked
‘‘NONSPILLABLE BATTERY’’ (unless
fully enclosed in a rigid housing that is
properly marked), and
(B) Is handled in accordance with
paragraph (a)(16)(iv) of this section.
*
*
*
*
*
(18) Portable electronic devices (for
example, cameras, cellular phones,
laptop computers, and camcorders)
powered by fuel cell systems, and not
more than two spare fuel cell cartridges
per passenger or crew member, when
transported in carry-on baggage by
aircraft under the following conditions:
(i) Fuel cell cartridges may contain
only Division 2.1 liquefied flammable
gas, or hydrogen in a metal hydride,
Class 3 flammable liquids (including
methanol), Division 4.3 water reactive
substances, or Class 8 corrosive
materials;
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(ii) The maximum quantity of fuel in
any fuel cell cartridge may not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for
liquefied gases in non-metallic fuel cell
cartridges, or 200 mL (6.76 ounces) for
liquefied gases in metal fuel cell
cartridges;
(C) 200 g (7 ounces) for solids; or
(D) 120 mL (4 fluid ounces) for
hydrogen in a metal hydride.
(iii) No more than two spare fuel cell
cartridges may be carried by a
passenger;
(iv) Fuel cell systems containing fuel
and fuel cell cartridges including spare
cartridges are permitted in carry-on
baggage only;
(v) Fuel cell cartridges containing
hydrogen in a metal hydride must meet
the requirements in § 173.230(d);
(vi) Fuel cell cartridges may not be
refillable by the user. Refueling of fuel
cell systems is not permitted except that
the installation of a spare cartridge is
allowed. Fuel cell cartridges that are
used to refill fuel cell systems but that
are not designed or intended to remain
installed (fuel cell refills) in a portable
electronic device are not permitted;
(vii) Fuel cell systems and fuel cell
cartridges must conform to IEC/PAS
62282–6–1 (IBR; see § 171.7 of this
subchapter);
(viii) Interaction between fuel cells
and integrated batteries in a device must
conform to IEC/PAS 62282–6–1 (IBR,
see § 171.7 of this subchapter). Fuel cell
systems for which the sole function is
to charge a battery in the device are not
permitted;
(ix) Fuel cell systems must be of a
type that will not charge batteries when
the portable electronic device is not in
use; and
(x) Each fuel cell cartridge and system
that conforms to the requirements in
this paragraph (a)(18) must be durably
marked by the manufacturer with the
wording: ‘‘APPROVED FOR CARRIAGE
IN AIRCRAFT CABIN ONLY’’ to certify
that the fuel cell cartridge or system
meets the specifications in IEC/PAS
62282–6–1 (IBR, see § 171.7 of this
subchapter) and with the maximum
quantity and type of fuel contained in
the cartridge or system.
*
*
*
*
*
(c) The requirements to submit
incident reports as required under
§§ 171.15 and 171.16 of this subchapter
must be provided by the air carrier.
49. In § 175.33, paragraphs (a)(1)(i)
and (c)(4) are revised and a new
paragraph (a)(11) is added to read as
follows:
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§ 175.33 Shipping paper and notification of
pilot-in-command.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Section 172.101 of this subchapter.
Except for the requirement to indicate
the type of package, any additional
description requirements provided in
§§ 172.202, and 172.203 of this
subchapter must also be shown on the
notification.
*
*
*
*
*
(11) For UN1845, Carbon dioxide,
solid (dry ice), only the UN number,
proper shipping name, hazard class,
total quantity, exact location aboard the
aircraft, and the airport at which the
package(s) is to be unloaded must be
provided.
*
*
*
*
*
(c) * * *
(4) Make available, upon request, to
an authorized official of a Federal, State,
or local government agency (including
an emergency responder(s)) at
reasonable times and locations, the
documents or information required to be
retained by this paragraph. In the event
of a reportable incident, as defined in
§ 171.15 of this subchapter, make
immediately available to an authorized
official of a Federal, State, or local
government agency (including an
emergency responders), the documents
or information required to be retained
by this paragraph.
*
*
*
*
*
50. In § 175.75, paragraph (d) is
revised to read as follows:
§ 175.75 Quantity limitations and cargo
location.
*
*
*
*
*
(d) Each package containing a
hazardous material acceptable only for
cargo aircraft must be:
(1) Loaded in such a manner that a
crew member or other authorized
person can access, handle and when
size and weight permit, separate such
packages from other cargo during flight;
or
(2) Loaded in a cargo compartment
that has an FAA-approved fire or smoke
detection system and a fire-suppression
system.
*
*
*
*
*
51. In § 175.88, paragraph (c) is
revised to read as follows:
§ 175.88 Inspection, orientation and
securing packages of hazardous materials.
*
*
*
*
*
(c) Packages containing hazardous
materials must be secured in an aircraft
in a manner that will prevent any
shifting or any change in the position of
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the packages. Packages containing Class
7 (radioactive) materials must be
secured in a manner that ensures that
the separation requirements of
§§ 175.701 and 175.702 will be
maintained at all times during flight.
structurally serviceable as evidenced by
a current CSC (International Convention
for Safe Containers) approval plate and
verified by a detailed visual
examination as follows:
*
*
*
*
*
PART 176—CARRIAGE BY VESSEL
PART 178—SPECIFICATIONS FOR
PACKAGINGS
52. The authority citation for part 176
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
53. In § 176.2, the definition for
‘‘Commandant’’ is revised to read as
follows:
§ 176.2
57. The authority citation for part 178
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
58. In subpart B of part 178, new
§§ 178.33b through 178.33b–9 are added
to read as follows:
Definitions.
*
*
*
*
*
Commandant (CG–522), USCG means
the Chief, Office of Operating and
Environmental Standards, United States
Coast Guard, Washington, DC 20593–
0001.
*
*
*
*
*
54. In § 176.3, paragraph (a) is revised
to read as follows:
§ 178.33b Specification 2S; inner
nonrefillable plastic receptacles.
§ 178.33b–1
Compliance.
(a) Required in all details.
(b) [Reserved]
§ 178.33b–2
Type and size.
§ 176.3 Unacceptable hazardous materials
shipments.
(a) A carrier may not transport by
vessel any shipment of a hazardous
material that is not prepared for
transportation in accordance with parts
173 and 173 of this subchapter, or as
authorized by part 171, subchapter C.
(a) Single-trip inside containers.
(b) The maximum capacity of
containers in this class shall not exceed
one liter (61.0 cubic inches). The
maximum inside diameter shall not
exceed 3 inches.
§ 178.33b–3
*
Inspection.
(a) By competent inspector.
(b) [Reserved]
*
*
*
*
55. In § 176.84, in paragraph (b), in
the Table of provisions, Code ‘‘134’’,
Code ‘‘139’’ and Code ‘‘140’’ are
removed; and new Codes ‘‘145’’ and
‘‘146’’ are added in the appropriate
numerical order to read as follows:
§ 178.33b–4
*
(a) The receptacles must be
constructed of polyethylene
terephthalate (PET), polyethylene
napthalate (PEN), polyamide (Nylon) or
a blend of PET, PEN, ethyl vinyl alcohol
(EVOH) and/or Nylon.
(b) Material with seams, cracks,
laminations or other injurious defects
are forbidden.
*
*
(b) * * *
*
Code
*
§ 178.33b–5
*
Provisions
*
145 ..........
146 ..........
*
*
*
Stow ‘‘separated from’’ ammonium compounds except for
UN1444.
Category B stowage applies for
unit loads in open cargo transport units.
*
*
*
*
56. In § 176.172, paragraph (a)
introductory text is revised to read as
follows:
jlentini on PROD1PC65 with PROPOSALS2
*
§ 176.172 Structural serviceability of
freight containers and vehicles carrying
Class 1 (explosive) materials on ships.
(a) Except for Division 1.4 materials,
a freight container may not be offered
for the carriage of Class 1 (explosive)
materials, unless the container is
VerDate Aug<31>2005
19:51 Jul 30, 2008
Jkt 214001
Duties of inspector.
(a) To inspect material and completed
containers and witness tests, and to
reject defective materials or containers.
(b) [Reserved]
§ 178.33b–6
Material.
Manufacture.
(a) Each container must be
manufactured by thermoplastic
processes that will assure uniformity of
the completed container. No used
material other than production residues
or regrind from the same manufacturing
process may be used. The packaging
must be adequately resistant to aging
and to degradation caused either by the
substance contained or by ultraviolet
radiation.
(b) [Reserved]
§ 178.33b–7
PO 00000
Design qualification test.
(a) Drop testing.
Frm 00059
Fmt 4701
Sfmt 4702
44861
(1) To ensure that creep does not
affect the ability of the container type to
retain the contents, each container type
shall be drop tested as follows: three
groups of twenty-five filled containers
shall be dropped from 1.8m on to a
rigid, non-resilient, flat and horizontal
surface. One group must be conditioned
at 38 °C (100 °F) for 26 weeks, the
second group for 100 hours at 50 °C (122
°F) and the third group for 18 hours at
55 °C (131 °F), prior to performing the
drop test.
(2) Criteria for passing the drop test:
the containers must not break or leak.
(b) [Reserved]
§ 178.33b–8
Production Tests.
(a) Burst testing.
(1) One out of each lot of 5,000
containers or less, successively
produced per day must be pressure
tested to destruction and must not burst
below 240 psig. The container tested
must be complete as intended for
transportation.
(2) Each such 5,000 containers or less,
successively produced per day, shall
constitute a lot and if the test container
shall fail, the lot shall be rejected or ten
additional containers may be selected at
random and subjected to the test under
which failure occurred. These
containers shall be complete as
intended for transportation. Should any
of the ten containers thus tested fail, the
entire lot must be rejected. All
containers constituting a lot shall be of
like material, size, design construction,
finish, and quality.
(b) Leak testing.
(1) Each empty container must be
subjected to a pressure equal to or in
excess of the maximum expected in the
filled containers at 55 °C (131 °F) 50 °C
(122 °F) if the liquid phase does not
exceed 95 percent of the capacity of the
container at 50 °C (122 °F). This must
be at least two-thirds of the design
pressure of the aerosol dispenser. If any
container shows evidence of leakage at
a rate equal to or greater than 3.3 ×
10¥2mbar.l.s¥1 at 20 °C (68 °F), at the
test pressure, distortion or other defect,
it must be rejected.
(2) Prior to filling, the filler must
ensure that the crimping equipment is
set appropriately and the specified
propellant is used. Once filled, each
container must be weighed and leak
tested. The leak detection equipment
must be sufficiently sensitive to detect
at least a leak rate of 2.0 × 10¥3
mbar.l.s¥1 at 20 °C (68°F). Any filled
container which shows evidence of
leakage, deformation, or excessive
weight must be rejected.
E:\FR\FM\31JYP2.SGM
31JYP2
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Proposed Rules
Marking.
(a) Each container must be clearly and
permanently marked to show:
(1) DOT–2S.
(2) Name or symbol of person making
the mark specified in paragraph (a)(1) of
this section. Symbol, if used, must be
registered with the Associate
Administrator.
(b) [Reserved]
59. In § 178.502, paragraph (d) is
revised and a note to the section is
added to read as follows:
(B) The symbol shall be not less than
100 mm (3.9 inches) × 100 mm (3.9
inches), be durable and clearly visible.
The letters and numbers shall be at least
12 mm high (.48 inches). The mass
marked above the symbol shall not
exceed the load imposed during the
design test divided by 1.8.
*
*
*
*
*
61. In § 178.801, paragraph (f)(1)(i) is
revised to read as follows:
§ 178.801
jlentini on PROD1PC65 with PROPOSALS2
*
General requirements.
*
*
(f) * * *
(1) * * *
VerDate Aug<31>2005
*
*
19:51 Jul 30, 2008
Jkt 214001
§ 178.502 Identification codes for
packagings.
*
*
*
*
*
(d) Identification codes are set forth in
the standards for packagings in
§§ 178.504 through 178.523 of this
subpart.
Note to § 178.502: Plastics materials
include other polymeric materials such as
rubber.
60. In § 178.703, paragraph (a)(1)(vii)
is revised to read as follows:
(i) The IBC need not have its closures
fitted, except that the IBC must be fitted
with its primary bottom closure.
*
*
*
*
*
62. In § 178.810, paragraph (e) is
revised to read as follows:
§ 178.810
Drop test.
*
*
*
*
*
(e) Criteria for passing the test. For all
IBC design types, there may be no
damage which renders the IBC unsafe to
be transported for salvage or for
disposable, and no loss of contents. The
IBC shall be capable of being lifted by
an appropriate means until clear of the
floor for five minutes. A slight discharge
from a closure upon impact is not
PO 00000
Frm 00060
Fmt 4701
Sfmt 4702
§ 178.703
Marking of IBCs.
*
*
*
*
*
(a) * * *
(1) * * *
(vii) (A) The stacking test load in
kilograms (kg). For IBCs not designed
for stacking, the figure ‘‘0’’ must be
shown. For IBCs designed for stacking,
the maximum permitted stacking load
applicable when the IBC is in use shall
be displayed on a symbol for all IBCs
manufactured, repaired or
remanufactured after January 1, 2011 as
follows:
considered to be a failure of the IBC
provided that no further leakage occurs.
A slight discharge (e.g., from closures or
stitch holes) upon impact is not
considered a failure of the flexible IBC
provided that no further leakage occurs
after the IBC has been raised clear of the
ground.
Issued in Washington, DC, on July 15, 2008
under authority delegated in 49 CFR part
106.
Theodore L. Willke,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. E8–16579 Filed 7–30–08; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\31JYP2.SGM
31JYP2
EP31JY08.017</GPH>
§ 178.33b–9
]]>Agencies
[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Proposed Rules]
[Pages 44804-44862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16579]
[[Page 44803]]
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Part II
Department of Transportation
-----------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Revision to Requirements for the Transportation of
Batteries and Battery-Powered Devices; and Harmonization With the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions; Proposed Rule
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 /
Proposed Rules
[[Page 44804]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, and 178
[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE31
Hazardous Materials: Revision to Requirements for the
Transportation of Batteries and Battery-Powered Devices; and
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.
The proposals include amendments and clarifications addressing the
safe transportation of batteries and battery-powered devices.
Consistent with recent changes to the International Civil Aviation
Organization's Technical Instructions, PHMSA is proposing to clarify
the prohibition against transporting electrical devices, including
batteries and battery-powered devices that are likely to create sparks
or generate a dangerous amount of heat. PHMSA also is proposing to
modify and enhance requirements for the packaging and handling of
batteries and battery-powered devices, particularly in air commerce, to
emphasize the safety precautions that are necessary to prevent
incidents during transportation. PHMSA developed these proposals in
conjunction with the Federal Aviation Administration in order to
enhance the safe transportation of batteries and battery-powered
devices.
DATES: Comments must be received by September 29, 2008.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2008-
0005 (HM-215J) or RIN 2137-AE31 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to https://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
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 (65 FR 19477), or you
may visit https://www.regulations.gov.
Docket: You may view the public docket through the Internet at
https://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).
FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or 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, 1200 New Jersey Avenue, SE., 2nd Floor, Washington,
DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. Transportation of Batteries and Battery-Powered Devices
A. Current Regulatory Requirements
B. Accident/Incident History
C. Recent Actions To Enhance Battery Safety
D. Proposals To Enhance the Safe Transportation of Batteries
III. Additional Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the 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
Policies and Procedures
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
By final order published December 21, 1990 (Docket HM-181; 55 FR
52402), we comprehensively revised the Hazardous Materials Regulations
(HMR; 49 CFR parts 171 to 180) to harmonize U.S. requirements with the
United Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations). 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 the Globally Harmonized System
of Classification and Labelling of Chemicals (GHS). These
recommendations are amended and updated biennially by the TDG and 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
International Civil Aviation Organization Technical Instructions (ICAO
TI) for the Transport of Dangerous Goods by Air.
Since publication of the 1990 rule, we have issued seven additional
international harmonization 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; HM-215G, 69 FR 76044; and HM-215I, 71 FR 78595) based on
the corresponding biennial updates of the UN Recommendations, the IMDG
Code, and the ICAO TI.
To maintain alignment of the HMR with international requirements,
in this NPRM, we are proposing to incorporate
[[Page 44805]]
changes based on the Fifteenth revised edition of the UN
Recommendations, Amendment 34 to the IMDG Code, and the 2009-2010 ICAO
TI which become effective January 1, 2009.
Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards in order to promote safety or other overriding public
interest, but otherwise requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see 49 U.S.C. 5120). Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States and
becomes increasingly important as the volume of hazardous materials
transported in international commerce grows. By facilitating
compliance, harmonization also tends to enhance safety for
international movements, but only if the international standards
themselves provide an appropriate level of safety. To that end, PHMSA
actively participates in the development of international standards for
the transportation of hazardous materials, frequently advocating the
adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the HMR,
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.
II. Transportation of Batteries and Battery-Powered Equipment, Articles
and Devices
A. Current Regulatory Requirements
The most significant proposals in this NPRM address the
transportation of batteries and battery-powered devices. Currently
batteries and battery-powered devices are subject to a number of
requirements in the HMR. Most importantly, the HMR restrict the
transportation of electrical devices, including batteries and battery-
powered devices, that are likely to create sparks or generate a
dangerous amount of heat that could cause fire, smoke, or otherwise
adversely affect the packaging material or means of conveyance. These
batteries and battery-powered devices are forbidden from transportation
unless packaged in a manner that prevents such an occurrence (Sec.
173.21(c)). Additionally, the following types of batteries are subject
to packaging and hazard communication requirements:
Wet (electric storage) batteries (Sec. 173.159);
Batteries containing sodium (Sec. 173.189);
Lithium cells and batteries (Sec. 173.185);
Solid potassium hydroxide batteries (Sec. 173.213); and
Battery-powered vehicles and equipment (Sec. 173.220).
These requirements primarily address the hazards posed by the
chemicals contained in the batteries as opposed to the stored
electrical energy. For instance, wet cell batteries are required to be
packaged in a manner to prevent leakage of the corrosive battery fluid
in the event of an accident. The electrical hazard of the battery is
addressed through general requirements to prevent short-circuiting, and
the general prohibition on transporting such devices without proper
protection and packaging (Sec. 173.21(c)). But the HMR currently
prescribes no separate or unique classification for identifying
materials that present a hazard in transport based on their stored
electrical energy. This proposed rule will address the electrical
hazards posed by batteries and battery-powered devices by enhancing
packaging and hazard communication requirements.
B. Accident/Incident History
A growing number of incidents involving batteries and battery-
powered devices transported by aircraft (see Section II.B) has
highlighted the transportation safety risks. Additionally, several
factors are contributing to a heightened concern for the future
transport of these devices, with particular attention to the risk
onboard aircraft, including: (1) The increasing number of batteries and
battery-powered portable and handheld devices (e.g., laptops, cellular
phones, etc.) carried by airline passengers and otherwise transported
in commerce; (2) the development and use of batteries with extended
operating life and greater stored energy; and (3) the increasing number
of counterfeit batteries in distribution and use. If not adequately
protected from damage, short circuiting or, for devices containing
batteries, inadvertent activation, batteries and battery-powered
devices of all types can create or cause sparks or a dangerous amount
of heat for extended periods, and in some cases, cause a fire. Cargo
fires are a significant hazard in all modes of transportation and can
have particularly catastrophic results in air transportation. If
located aboard an aircraft during flight, inadequately protected
batteries and battery-powered devices can pose a significant threat to
the safety of people, property, and the environment.
PHMSA and the Federal Aviation Administration (FAA) are aware of
more than 90 incidents involving batteries or battery-powered devices
in air transportation since 1996 that produced smoke, fire or a
dangerous amount of heat. These incidents have occurred either on board
an aircraft in cargo, checked, or carry-on baggage, or in ground
transport facilities associated with air transportation. Many of these
incidents involved shipments of batteries as cargo. The remainder
involved shipments of electrically powered vehicles, equipment, or
apparatus containing batteries. Since most batteries are excepted from
the incident reporting requirements in the HMR, it is likely there have
been additional incidents in all modes of transportation that were not
reported.
One major injury and several minor injuries were reported from
these incidents. In some cases, the property damage and business
interruption costs resulting from the incidents were significant. Most
incidents occurred or were discovered on the ground in air transport
facilities or vehicles. Three incidents occurred in flight on passenger
and cargo planes, resulting in emergency landings or flight plan
diversions.
C. Recent Actions To Enhance Battery Safety
In response to these incidents, PHMSA's predecessor agency (the
Research and Special Programs Administration) issued a public advisory
on July 7, 1999 (64 FR 36743), reminding the transportation industry
and public that batteries and electric devices that contain batteries
are forbidden for transport unless properly packaged to prevent the
creation of sparks or generation of a dangerous amount of heat (Sec.
173.21). The FAA issued safety advisories to the airline industry on
July 2, 1999, and again on May 23, 2002.
In response to a series of incidents involving batteries carried by
airline passengers, PHMSA initiated a campaign to educate the public
about ways to reduce the risks posed in the transportation of batteries
and battery-
[[Page 44806]]
powered devices. The campaign included establishing a dedicated Web
page for air travelers and developing a battery safety guide that
includes safety measures and tips for the general public, for
distribution at airports, in retail outlets, and through electronic
media. As part of our battery safety campaign, we recommended various
practical measures for complying with the regulations and reducing
transportation risks. Recommended practices include keeping batteries
installed in electronic devices; packing spare batteries individually
in carry-on baggage; keeping spare batteries in their original retail
packaging; separating batteries from other metallic objects, such as
keys, coins and jewelry; securely packing battery-powered devices in a
manner to prevent accidental activation; and ensuring batteries are
undamaged and purchased from reputable sources. On March 26, 2007,
PHMSA issued a safety advisory notice (72 FR 14167) to further inform
the traveling public and airline employees about the importance of
properly packing and handling batteries and battery-powered devices
when they are carried on board an aircraft.
We have also initiated a comprehensive strategy aimed at reducing
the risks posed by batteries and battery-powered devices in
transportation. On February 22, 2007; April 26, 2007; May 24-25, 2007;
and April 11, 2008, PHMSA hosted meetings with public and private
sector stakeholders who share our concern for the safe transportation
of batteries and battery-powered devices. The meetings provided an
opportunity for representatives of the National Transportation Safety
Board (NTSB), the Consumer Product Safety Commission, manufacturers of
batteries and battery-powered devices, airlines, airline employee
organizations, testing laboratories, and the emergency response and law
enforcement communities to share and disseminate information about
battery-related risks and developments. Understanding these risks is
essential to promote improvements in industry standards and best
practices. Together we identified a series of immediate and longer-term
actions that participants are taking or will take to enhance safety,
including:
Comprehensive reporting and investigation of battery-
related incidents;
Improved battery, consumer product, and software design;
Development and implementation of a technical standards
agenda;
Consideration and implementation of improved regulatory
standards;
Focused enforcement; and
Development and implementation of a public outreach and
education campaign.
The new requirements proposed in this NPRM are an important element
of the safety strategy, designed to address specific battery-related
hazards not adequately addressed by existing HMR requirements.
D. Proposals To Enhance the Safe Transportation of Batteries
In this NPRM, we propose the following provisions to enhance the
safe transportation of batteries and battery-powered devices:
Require reporting of incidents involving batteries and
battery-powered devices (devices include equipment) or vehicles.
Clarify the requirement that batteries, and battery-
powered devices and vehicles, be offered for transportation and
transported in a manner that prevents short-circuiting, dangerous
evolution of heat, damage to terminals, and, in the case of
transportation by aircraft, unintentional activation.
Require a certification on the shipping documentation that
batteries and battery-powered devices have met the conditions and all
requirements for transport as specified in the applicable exception or
special provision.
Eliminate the requirement to disconnect the terminals when
a battery-powered wheelchair or mobility aid is transported as checked
baggage, provided the wheelchair or mobility aid design provides an
effective means of preventing unintentional activation.
The measures proposed in this rule will harmonize the HMR with
international standards applicable to the transportation of batteries
and battery-powered devices. More importantly, these measures will
provide data and information to develop an understanding of the root
causes of battery incidents in transportation and reduce the associated
risks.
1. Prevention of Short Circuits, Dangerous Evolution of Heat, Sparks,
Unintentional Activation, or Damage to Terminals
In this NPRM, we are proposing a number of revisions to clarify
that batteries of all types and battery-powered devices, equipment, and
vehicles must be packaged for transportation in a manner that prevents
short-circuiting, damage to terminals, dangerous evolution of heat,
and, for transportation by aircraft, unintentional activation. We are
also proposing several examples of packaging methods that may meet this
performance standard, including packaging each battery or each battery-
powered device in fully enclosed inner packagings made of non-
conductive material, and separating batteries and battery-powered
devices in a manner to prevent contact with other batteries, devices or
conductive materials (e.g., metal) in the packagings. Batteries
designed with exposed terminals or connectors should have the exposed
terminals or connectors individually protected with non-conductive
caps. We propose to include language in Sec. Sec. 171.15, 171.16,
173.21, 173.159, 173.220, and 175.10 to further clarify these
requirements.
2. Incident Reporting
Since most batteries are currently excepted from the incident
reporting requirements in the HMR, it is likely that numerous incidents
involving batteries and battery-powered devices in all modes of
transportation that have gone un-reported. This under-reporting has
made it difficult to assess the full extent of incidents in
transportation and their causes. Therefore, in this NPRM, we propose to
require the reporting in accordance with Sec. Sec. 171.15 and 171.16
of the HMR of all incidents involving shipments of batteries or
battery-powered devices involving fire, violent rupture, explosion, or
a dangerous evolution of heat. The proposed reporting requirement
applies to all battery shipments, including batteries that are prepared
and offered as excepted from HMR requirements. The proposed incident
reporting requirement is consistent with incident reporting provisions
recently adopted by ICAO. (See Sec. Sec. 171.15 and 171.16.)
3. Batteries Installed in Equipment
The HMR include a number of provisions applicable to batteries
installed in vehicles, machinery, or other types of equipment. Section
173.220 sets forth transportation requirements for internal combustion
engines, self-propelled vehicles, mechanical equipment containing
internal combustion engines, and battery powered vehicles or equipment.
Generally, this section excepts battery-powered vehicles, machinery,
and equipment from the HMR, provided they meet certain minimal
requirements. We are aware of several incidents resulting in a
dangerous evolution of heat initiated by batteries of this design which
have been inadequately protected. In this NPRM, we propose to require
battery-powered vehicles, machinery, and equipment,
[[Page 44807]]
including battery-powered wheelchairs and mobility aids, to conform to
the new requirements being proposed in Sec. 173.159, including
requirements for protecting terminals and preventing short-circuiting
and unintentional activation. In addition, we propose to clarify that
battery-powered vehicles, machinery, and equipment are forbidden to be
transported unless packaged in a manner preventing the creation of
sparks, a dangerous amount of heat and, in air transportation,
unintentional activation.
Section 175.10 sets forth exceptions for passengers, crewmembers,
and air operators. Currently, the HMR permit a wheelchair or other
battery-powered mobility device to be carried on board a passenger
aircraft as checked baggage provided that (1) visual inspection,
including removal of the battery if necessary, reveals no obvious
defects; (2) the battery is disconnected and terminals are insulated to
prevent short-circuiting; and (3) the battery is securely attached to
the wheelchair or mobility device or removed and separately packaged.
We are concerned, however, that repeated handling of the battery in a
wheelchair or other mobility device could result in damage or other
problems that could compromise safety. Moreover, the design for
batteries and their housing has significantly improved in recent years.
Therefore, in this NPRM, we propose to revise paragraph Sec.
175.10(a)(15) to eliminate the current requirement to disconnect the
terminals when a battery-powered wheelchair or other mobility device is
transported as checked baggage provided the device provides an
effective means of preventing unintentional activation. Battery
terminals must continue to be protected from short-circuiting, but such
protection is inherent in the design of most wheelchairs and mobility
devices. This proposal will enhance safety while providing improved
accommodation for passengers traveling with wheelchairs or mobility
devices and is consistent with corresponding provisions in the ICAO TI.
4. Non-Spillable Batteries
Section 173.159 sets forth requirements for the transportation of
wet batteries, including non-spillable batteries. As currently provided
in Sec. 173.159(d), non-spillable batteries are excepted from the HMR
provided certain conditions are met. Unless all of the conditions
specified in Sec. 173.159(d) are met, the non-spillable battery is
fully subject to the HMR as a wet electric storage battery.
International regulations outline the conditions in which a battery can
be considered non-spillable and provide packaging requirements specific
to non-spillable batteries. Non-spillable batteries meeting additional
requirements are excepted from all other requirements of the HMR. In
this NPRM, we are proposing to describe in Sec. 173.159(f) the
conditions in which a battery can be considered non-spillable and
relocate the exceptions pertaining to non-spillable batteries to a new
Sec. 173.159a. Consistent with international requirements, we are
proposing to specify that batteries can be considered ``non-
spillable,'' provided they are capable of passing a vibration test and
a pressure differential test without leakage. We are also proposing to
require non-spillable batteries to be packaged in strong outer
packaging and securely fastened in the battery holder or the equipment
when the battery is an integral part of the operation of mechanical or
electronic equipment. In addition, we propose to specify that except
for the incident reporting requirements of Sec. Sec. 171.15 and
171.16, non-spillable batteries are not subject to the requirements of
the HMR if they meet the following additional conditions:
At a temperature of 55 [deg]C (131 [deg]F), the battery
does not contain any unabsorbed free-flowing liquid, and must be
designed so that electrolyte will not flow from a ruptured or cracked
case;
The battery must be protected against short-circuiting and
securely packaged in strong outer packaging;
The battery must be marked ``NONSPILLABLE'' or
``NONSPILLABLE BATTERY''; and
For transportation by aircraft;
They must meet the provisions of Sec. 173.159(b); and
Indicate that all conditions for transport as specified in
the applicable exception or special provision have been met with the
words, ``not restricted'' on the airway bill. This indication will
allow freight forwarders and operators to verify that the consignor is
aware of, and has complied with, the applicable regulatory
requirements.
5. Conforming Amendments
We propose a number of conforming amendments in this NPRM to ensure
that batteries are transported in accordance with the proposed
requirements in Sec. 173.159. For example, Sec. 173.21(c) currently
prohibits the transportation of electrical devices unless packaged to
prevent the creation of sparks or generation of a dangerous amount of
heat. In this NPRM, we propose to revise this paragraph to clarify that
the term ``electrical devices'' includes ``batteries'' and ``battery-
powered devices.'' We also propose to revise Special provision 130 to
specify that ``Batteries, dry, sealed, n.o.s.'' are not subject to the
requirements of the HMR except those pertaining to incident reporting,
short circuit protection, damage to terminals, prevention of a
dangerous amount of heat, damage to terminals, and when transported by
aircraft, unintentional activation and an indication on the air waybill
that all conditions for transport have been met (Special provision
130).
In addition, we are proposing to amend certain entries in the
Hazardous Materials Table (HMT) in Sec. 172.101. Currently, under the
HMR, dry batteries are not subject to incident reporting or measures to
prevent unintentional activation until a dangerous amount of heat has
developed. As indicated above, in this NPRM, we propose to extend the
requirements for incident reporting and enhanced packaging to cover all
batteries and battery-powered devices. Thus, we propose to remove the
entry ``Batteries, dry, not subject to the requirements of this
subchapter'' in favor of a new entry, `''Batteries, dry, sealed,
n.o.s.''
Note that shippers must distinguish between the proper shipping
name ``Batteries, dry, sealed, n.o.s.,'' and the existing proper
shipping name ``Batteries, wet, non-spillable, electric storage.''
Batteries described as ``Batteries, wet, non-spillable, electric
storage'' have metallic lead and lead oxide electrodes and sulfuric
acid electrolytes just like regular ``wet'' batteries, but the acid is
either gelled up with silica or absorbed in a mat of micro-glass
fibers. These batteries are not truly ``sealed'' (non-spillable) but
are ``valve regulated'' (they are technically termed ``valve-regulated
lead-acid'' or ``VRLA''). The resealable valves prevent the entrance of
oxygen from the outside air, but release excess hydrogen and oxygen
formed during overcharging. These types of batteries are generally used
for 12-volt vehicular starting applications and uninterruptible power
supply applications.
Batteries described under the proposed new proper shipping name
``Batteries, dry, sealed, n.o.s'' are hermetically ``sealed'' and
generally utilize other metals and/or carbon as electrodes. These
batteries are typically used for portable power applications. The
rechargeable (and some nonrechargeable) types have gelled alkaline
electrolytes (rather than acidic) making it difficult for them to
generate hydrogen or oxygen when overcharged.
[[Page 44808]]
The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' would be revised by adding to column (7) a reference
to proposed new Special provision ``237.'' The new special provision
would specify that, for transportation by aircraft, ``Batteries, dry,
containing potassium hydroxide solid, electric storage'' must be
prepared and packaged in accordance with the requirements of Sec.
173.159(a), and for transportation by aircraft, Sec. 173.159(b)(2).
The entry ``Batteries, wet, non-spillable, electric storage'' would be
revised by adding to column (8A), a reference to proposed new Sec.
173.159a.
Section 173.189 sets forth transportation requirements for
batteries containing sodium or cells containing sodium. In this NPRM,
we propose to revise paragraph (e) to specify that vehicles, machinery
and equipment powered by sodium batteries must be consigned under the
entry ``Battery-powered vehicle or Battery-powered equipment.''
Section 176.84 contains additional stowage and segregation
requirements for hazardous materials on cargo and passenger vessels. In
this NPRM, in order to fully align the HMR with the IMDG Code, a new
vessel stowage code ``146'' is added to the Sec. 176.84(b) table to
specify that, ``Category B stowage applies for unit loads in open cargo
transport units.'' The new vessel stowage code ``146'' is assigned to
``Batteries, wet, filled with acid, electric storage,'' UN2794 and
``Batteries, wet, filled with alkali, electric storage,'' UN2795 in
column (10B) of the HMT.
6. Lithium Batteries
Except for incident reporting requirements, this NPRM does not
propose any amendments pertaining to the transportation of lithium
batteries. PHMSA is working to evaluate and reduce lithium battery
risks through targeted enforcement; inspections and testing, including
root cause investigation of all incidents; public outreach; and other
non-regulatory initiatives.
As we identify other opportunities for safety improvement, further
rulemaking may be necessary. Before developing additional rulemaking
proposals, PHMSA plans to complete an assessment of the costs and
benefits of further restrictions and available alternatives. In the
meantime, we will continue to monitor and evaluate the safety
performance of lithium batteries in transportation, identify and target
counterfeit and other non-conforming batteries, and encourage the
development and introduction of safer battery designs.
III. Additional Harmonization Proposals in This NPRM
In addition to the battery proposals detailed above, in this NPRM,
we are proposing the following amendments to harmonize the HMR with the
most recent revisions to the UN Recommendations, ICAO TI, and IMDG
Code:
Hazardous Materials Table (HMT): Amendments to the 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.
Fuel Cells: Amendments to the HMT to add four new proper
shipping names to describe the range of fuel used in fuel cell
cartridges: (1) Corrosive substances (UN3477); (2) liquefied flammable
gas (UN3478); (3) hydrogen in metal hydride (UN3479); and (4) water-
reactive substances (UN3476). In addition, we are proposing amendments
to expand the types of fuel cell cartridges permitted in carry-on
baggage to include water-reactive substances and hydrogen in a metal
hydride. Amendments to Sec. 173.230 provide packaging requirements for
fuel cells and, except for transportation by aircraft, limited quantity
exceptions for the various types of fuel cell cartridges specified
above.
Small Quantity Exceptions: Amendments maintaining current
allowances for small quantities of Division 2.2, Class 3, Division 4.1,
Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division
5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9
materials transported by highway and rail and adopting the UN and ICAO
excepted quantity provisions for transportation by aircraft or vessel.
Incident Reporting: Amendments to provisions that except
certain hazardous materials or commodities from the requirements of the
HMR, including incident reporting requirements. The HMR contain
overriding provisions in Sec. Sec. 171.15 and 171.16 requiring notice
of specific types of incidents to the National Response Center (NRC)
and submission of a Hazardous Materials Incident Report, DOT Form F
5800.1, when in possession of a hazardous material at the time of an
incident. We would amend several provisions to emphasize the need to
provide notice to the NRC and to address the need to obtain more
accurate and complete data on incidents. The NRC relies on notices to
gather and distribute spill data to emergency responders, and the DOT
hazardous materials transportation safety program relies on DOT Form F
5800.1 to gather basic information on incidents that occur during
transportation.
Organic Peroxide Tables: Amendments to the Organic
Peroxide Tables to add, revise, or remove certain hazardous materials
and provisions.
Incorporation by Reference: Amendments to incorporate by
reference the updated ICAO TI, IMDG Code, and UN Recommendations.
Hazard Communication on Air waybills: Amendments to
require the consignor to indicate on the ``air waybill'' that certain
hazardous materials or articles have met the conditions for transport
as specified in the applicable exception or special provision.
Petitions for Rulemaking: We are addressing several
petitions for rulemaking: P-1490, requesting PHMSA to remove the
requirement that the type of package must be included on the
notification of pilot-in-command; P-1494, requesting PHMSA to specify
that pictograms described in the UN GHS are not prohibited under the
HMR; P-1505, requesting PHMSA to include a new proper shipping name
``Powder, smokeless,'' UN0509, to the Sec. 172.101 HMT and to include
the new entry among the explosives assigned Packaging Instruction
114(b) in Sec. 173.62; and P-1516, requesting PHMSA to allow the
marine pollutant list to remain the basis in domestic transportation
for regulating substances hazardous to the environment while permitting
substances meeting the new IMDG Code criteria to be transported as
substances hazardous to the environment. We are also addressing
petitions P-1517 and P-1518, requesting PHMSA to align provisions for
the transport of fuel cell systems and cartridges in the HMR with
international standards.
Requirements for Marine Pollutants: Recently, the
classification criteria for marine pollutants in the IMDG Code were
amended for consistency with the aquatic toxicity criteria adopted
within the GHS. The HMR currently allow materials meeting the criteria
of a marine pollutant under the prior IMDG Code criteria to be
classified as such for domestic or international transportation (see
paragraph 4 of the introduction to Appendix B of 172.101). The new
classification system adopted into the IMDG Code is complicated, and
the associated criteria for classifying mixtures containing marine
pollutants would involve an additional layer of complexity without a
corresponding
[[Page 44809]]
public benefit; therefore, we are not proposing to adopt the new IMDG
Code environmental classification system. In this rulemaking, we are
proposing to maintain the current regulatory approach to facilitate
transportation without mandating use of the new GHS-based criteria. We
also propose to adopt a new marking for marine pollutants consistent
with the marking adopted within the IMDG Code. These actions will
provide the greatest possible harmonization with international
requirements without imposing an undue burden on industry. This
proposal is also consistent with a Petition for Rulemaking (P-1516)
filed by the Dangerous Goods Advisory Council (DGAC). DGAC requested
that for domestic transportation the marine pollutant list be
maintained as the basis for regulating substances hazardous to the
environment while permitting a substance meeting the new IMDG Code
criteria to be transported as a substance hazardous to the aquatic
environment. DGAC also recommended that the current 10% rule for
classifying mixtures containing marine pollutants be used while
allowing compliance with the mixture calculation in the IMDG Code.
Though we have not proposed to implement a 10% rule for marine
pollutants irrespective of whether they are identified as a severe
marine pollutant, we request comments on that recommendation. In
particular, we are interested in the environmental impacts of such a
change and its effect on human health and the environment. We invite
comments on the practical consequences of the differing approaches, for
instance, in the event of release of such substances into aquatic
resources and drinking water.
IV. Amendments Not Being Considered for Adoption in This NPRM
This NPRM proposes changes to the HMR based on amendments to the
Fifteenth revised edition of the UN Recommendations, Amendment 34 to
the IMDG Code, and the 2009-2010 ICAO TI, which become effective
January 1, 2009. However, we are not proposing to adopt all of the
amendments to those documents into the HMR. In many cases, amendments
to the international recommendations and 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. 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 (5 U.S.C. 553). 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:
Requirements for Hazardous Materials Security. The UN and
ICAO have adopted minimal requirements pertaining to hazardous
materials security. On March 25, 2003, we published a final rule to
enhance the security of hazardous materials transported in commerce (68
FR 14510). In the final rule, shippers and carriers of certain highly
hazardous materials are required to develop and implement security
plans. In addition, all shippers and carriers of hazardous materials
are required to include a security component. The security plan
requirements apply to shipments of hazardous materials that must be
placarded and to select agents. In a separate rulemaking, we are
considering revising the list of materials for which security plans are
required to ensure that the requirements apply only to those materials
that pose a true security risk in transportation. See the advance
notice of proposed rulemaking (ANPRM) published on September 21, 2006
(71 FR 55156).
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 (radioactive) materials are based on changes
contained in the International Atomic Energy Agency (IAEA) publication,
``IAEA Safety Standards: Regulations for the Safe Transport of
Radioactive Materials.'' Due to their complexity, these changes are
being addressed in a separate rulemaking under Docket HM-250.
Requirements for Infectious Substances. The UN and ICAO
have adopted minimal standards applicable to the transportation of
human remains and animal carcasses as to which there is minimal
likelihood that pathogens are present. For purposes of the HMR, such
specimens are not considered hazardous, and their transportation is not
subject to the HMR. These specimens are currently regulated by the Food
and Drug Administration of the U.S. Department of Health and Human
Services, the U.S. Department of Agriculture and subject to State and
local authorities. Therefore, we are not proposing to incorporate the
new international provisions into the HMR.
Requirement for Definition of ``Target'' for Use During
Packaging Testing. Amendments to the HMR pertaining to the definition
of a ``target'' for a drop test performed on non-bulk packagings are
not being proposed in this rulemaking. The UN Recommendations amended
the description to specify that the surface of a target must be
immovable, free of defects, rigid, and large enough to ensure that the
test package falls entirely upon the surface. We believe the current
provisions in the HMR pertaining to the drop test method for non-bulk
packagings adequately address this issue.
Requirement for Vibration Test for All Intermediate Bulk
Containers (IBCs). Amendments to the HMR pertaining to the test method
and duration of a vibration test for IBCs are not being proposed in
this rulemaking. PHMSA successfully helped to introduce to the UN
Recommendations a vibration test requirement for IBCs that would both
enhance safety and help to establish a more equivalent testing protocol
for manufacturers of IBCs worldwide. However, the vibration test
adopted by the UN may be conducted as a ``stand-alone'' design-type
test on an otherwise untested IBC. In contrast, the vibration test
originally introduced by PHMSA would require the vibration test to be
conducted in sequence with other required tests. We believe this method
provides a higher degree of safety, and therefore, are not proposing to
amend the vibration test requirements currently in the HMR.
Requirement for Bromine (UN1744). In the Fifteenth edition
of the UN Recommendations, a packing instruction and a special packing
provision for ``Bromine,'' UN1744 were consolidated into a new packing
instruction specifically for Bromine. After reviewing this new packing
[[Page 44810]]
instruction, we believe the current provisions in the HMR pertaining to
the packaging of Bromine are adequate.
Exceptions to Packaging for Paint and Paint-Related
Material. Amendments authorizing certain exceptions from performance
testing of packagings containing paint and certain paint-related
materials are not being proposed in this rulemaking. Currently, both
the UN Recommendations and the HMR contain certain packaging exceptions
for specific adhesives, printing inks, printing ink related materials,
paint, paint-related materials and resin solutions (see UN Packing
Instruction P001, Special Packing Provision PP1 and 49 CFR
173.173(b)(2)). The Fifteenth revised edition of the UN Recommendations
expands the exceptions to also include such materials when classified
as environmentally hazardous substances. We are currently reviewing the
incident data related to these exceptions, and may consider this issue
for a future rulemaking.
Requirements for Lithium Batteries. Amendments to the HMR
pertaining to lithium batteries based on the Fifteenth revised edition
of the UN Recommendations are not being proposed in this rulemaking. We
are reviewing these requirements and may consider them for a future
rulemaking.
Requirements for Additional Signage. Amendments to the HMR
pertaining to additional signage in airports are not being proposed in
this rulemaking. We are reviewing these amendments, including the
related cost impacts, and may consider them for a future rulemaking. We
request comments to provide information and suggestions that we can use
during a future review.
V. Section-by-Section Review
Following is a section-by-section review of the amendments proposed
in this NPRM. Note that this section-by-section review excludes the
proposals applicable to the transportation of batteries and battery-
powered devices, which are detailed in Section II of this Notice. We
request comments providing information and suggestions that we can use
during the review of these proposals.
Part 171
Section 171.7
The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standards bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all standards incorporated by reference into
the HMR. For this rulemaking, we evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements and
determined that the revised standards provide an enhanced level of
safety without imposing significant compliance burdens. These standards
have a well-established and documented safety history; their adoption
will maintain the high safety standard currently achieved under the
HMR. Therefore, we propose to update the incorporation by reference
materials for the ICAO TI, the IMDG Code, and the UN Recommendations.
The updated editions of these standards become effective January 1,
2009.
We propose to revise the following standards:
The Technical Instructions for the Safe Transport of
Dangerous Goods by Air, 2007-2008 Edition.
International Convention for the Safety of Life at Sea
(SOLAS) Amendments 2000, Chapter II-2, Regulation 19, 2001.
The International Maritime Organization's International
Maritime Dangerous Goods Code, 2006 Edition, Incorporating Amendment
33-06, English Edition, Volumes 1 and 2.
The UN Recommendations on the Transport of Dangerous
Goods, Fourteenth revised edition (2005), Volumes I and II.
Section 171.14
This section lists specific transition periods for certain
provisions adopted into the HMR. 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 amendments proposed in this NPRM. We are
proposing an effective date of January 1, 2009, and a mandatory
compliance date of January 1, 2010. We propose to permit voluntary
compliance as of January 1, 2009, to correspond with the effective
implementation dates of the 2009-2010 ICAO TI and Amendment 34 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, 2009.
Section 171.25
Section 171.25 specifies additional requirements for the use of the
IMDG Code when a hazardous material is offered for transportation to,
from, or within the United States by vessel, and by motor carrier and
rail, provided all or part of the movement is by vessel. Recently, an
incident occurred in which a portable tank containing ``Argon,
refrigerated liquid (cryogenic liquid),'' UN1951, stowed below the deck
of a vessel released its contents, resulting in the asphyxiation deaths
of three individuals who entered the confined cargo space where the
portable tank was stowed. The HMR currently prohibit the stowage of
such materials below deck (Sec. 176.76(g)) because of the potential
hazard of asphyxiation when large volumes of refrigerated liquefied
gases are released below the deck of a vessel in confined spaces.
However, the IMDG Code does not prohibit the stowage of tanks below
deck in all cases. Some refrigerated liquefied gases, including argon,
are assigned to stowage ``Category B'' in column (16) of the dangerous
goods list of the IMDG Code. Therefore, in this NPRM, we propose to
revise Sec. 171.25 to specify that portable tanks, cargo tanks, and
tank cars containing cryogenic liquids must be ``on deck'' regardless
of the stowage authorized in the IMDG Code.
Part 172
Section 172.101 Hazardous Materials Table (HMT)
Section 172.101 contains the HMT and explanations for each of its
columns. We propose to make various amendments to the HMT. Readers
should review all changes for a complete understanding of the proposed
amendments. For purposes of the Government Printing Office's
typesetting procedures, proposed
[[Page 44811]]
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.'' Proposed amendments to the HMT for
the purpose of harmonizing with international standards include, but
are not limited to, the following:
In the final rule for Docket HM-215G (69 FR 76044; December 20,
2004), we added new generic entries for Organometallic substances
consistent with descriptions added to the UN Recommendations. In the
final rule, we allowed the continued use of certain specific
Organometallic entries; however, we anticipated removing the specific
Organometallic entries from the HMT by January 1, 2007. The entries
were to be removed because they were superseded by more appropriate
generic entries. However, the entries intended to be removed currently
remain in the HMT. Therefore, we are proposing to remove the following
Organometallic entries for consistency with the intent of HM-215G:
UN3052 Aluminum alkyl halides, liquid
UN3461 Aluminum alkyl halides, solid
UN3076 Aluminum alkyl hydrides
UN3051 Aluminum alkyls
UN1366 Diethylzinc
UN1370 Dimethylzinc
UN2445 Lithium alkyls, liquid
UN3433 Lithium alkyls, solid
UN3053 Magnesium alkyls
UN2005 Magnesium diphenyl
Special provision ``TP12'' states: ``This material is considered
highly corrosive to steel.'' The phrase ``highly corrosive to steel''
is not defined by any specific criteria. Further, ``TP12,'' unlike
other TP codes, is simply a statement and does not apply any regulatory
requirement. It is unclear if all highly corrosive materials are
assigned Special provision ``TP12,'' or if this statement provides any
useful guidance for selecting an appropriate portable tank. Therefore,
we are proposing to revise the following entries by removing Special
provision ``TP12'':
UN1716 Acetyl bromide
UN1717 Acetyl chloride
UN2584 Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid
with more than 5 percent free sulfuric acid
UN2571 Alkyl sulfuric acids
UN2817 Ammonium hydrogendifluoride, solution, PG II and III
UN2796 Battery fluid, acid
UN1736 Benzoyl chloride
UN1737 Benzyl bromide
UN1738 Benzyl chloride
UN1738 Benzyl chloride unstabilized
UN1739 Benzyl chloroformate
UN2692 Boron tribromide
UN1742 Boron trifluoride acetic acid complex, liquid
UN1743 Boron trifluoride propionic acid complex, liquid
UN1744 Bromine
UN1744 Bromine solutions
UN1745 Bromine pentafluoride
UN1746 Bromine trifluoride
UN2513 Bromoacetyl bromide
NA2742 sec-Butyl chloroformate
UN2353 Butyryl chloride
NA9263 Chloropivaloyl chloride
UN1754 Chlorosulfonic acid with or without sulfur trioxide
UN1755 Chromic acid solution, PG II and PG III
UN1758 Chromium oxychloride
UN2240 Chromosulfuric acid
NA9264 3,5-Dichloro-2,4,6-trifluoropyridine
UN1764 Dichloroacetic acid
UN1768 Difluorophosphoric acid, anhydrous
NA2845 Ethyl phosphonous dichloride, anhydrous [pyrophoric liquid]
NA2927 Ethyl phosphonothioic dichloride, anhydrous or Ethyl
phosphorodichloridate
UN1776 Fluorophosphoric acid anhydrous
UN1778 Fluorosilicic acid
UN1777 Fluorosulfonic acid
UN1782 Hexafluorophosphoric acid
UN1789 Hydrochloric acid PG II and PG III
UN1786 Hydrofluoric acid and Sulfuric acid mixtures
UN1790 Hydrofluoric acid, with more than 60 percent strength
UN1790 Hydrofluoric acid, with not more than 60 percent strength
NA2742 Isobutyl chloroformate
UN3246 Methanesulfonyl chloride
NA9206 Methyl phosphonic dichloride
NA2845 Methyl phosphonous dichloride, pyrophoric liquid
NA1556 Methyldichloroarsine
UN1826 Nitrating acid mixtures, spent with more than 50 percent
nitric acid
UN1826 Nitrating acid mixtures, spent with not more than 50 percent
nitric acid
UN1796 Nitrating acid mixtures with more than 50 percent nitric acid
UN1796 Nitrating acid mixtures with not more than 50 percent nitric
acid
UN2031 Nitric acid other than red fuming, with more than 70 percent
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 20
percent nitric acid
UN2031 Nitric acid other than red fuming, with not more than 70
percent nitric acid
UN2032 Nitric acid, red fuming
UN1798 Nitrohydrochloric acid
UN2308 Nitrosylsulfuric acid, liquid
UN1873 Perchloric acid with more than 50 percent but not more than
72 percent acid, by mass
UN1817 Pyrosulfuryl chloride
UN2879 Selenium oxychloride
UN1906 Sludge, acid
UN1828 Sulfur chlorides
UN1829 Sulfur trioxide, stabilized
UN1831 Sulfuric acid, fuming with less than 30 percent free sulfur
trioxide
UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur
trioxide
UN1832 Sulfuric acid, spent
UN1830 Sulfuric acid with more than 51 percent acid
UN2796 Sulfuric acid with not more than 51 percent acid
UN1834 Sulfuryl chloride
UN1836 Thionyl chloride
UN2699 Trifluoroacetic acid
NA9269 Trimethoxysilane
We propose to add a new non-bulk packaging section (Sec. 173.206)
for the transportation of certain flammable, corrosive and toxic
materials, specifically, chlorosilanes that have water-reactive
properties. For a detailed summary of the rationale, see the preamble
discussion for Sec. 173.206. The following entries would be revised in
Column (8B) by replacing the current non-bulk packaging provision with
``206'':
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
For consistency in the assignment of Special provision ``TP13''
(which requires provision of self-contained breathing apparatus when
transported by vessel) to all chlorosilanes, the following entries
would be revised in Column (7) by adding Special provision ``TP13'':
UN2987 Chlorosilanes, corrosive, n.o.s
UN1781 Hexadecyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1818 Silicon tetrachloride
We consider Special provision ``TP7'' essential for the safe
transport of chlorosilanes. This special provision requires the vapor
space to be purged of air by nitrogen or other means. However, there is
no consistent assignment of ``TP7'' to chlorosilanes.
[[Page 44812]]
For enhanced safety and consistency with international regulations, the
following entries would be revised in Column (7) by adding Special
provision ``TP7'':
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Chlorosilanes of Class 3 and Class 8 are currently authorized for
transport in metal IBCs under Special provisions ``IB1'' and ``IB2.''
Because metal IBCs have lift-up lids with clamp screws, we are
concerned that the overturn of a metal IBC during an accident may lead
to an opening of a lift-up lid and result in a release of chlorosilanes
from these packagings. To address these concerns, we are proposing to
prohibit the use of metal IBCs by removing the respective ``IB1'' or
``IB2'' provisions from the following entries. We are also proposing to
add Special provision ``TP7'' to require the vapor space to be purged
of air, as discussed above:
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
Bottom discharge openings are currently allowed on portable tanks
used for the transport of most chlorosilanes. For example, some
chlorosilane entries are assigned Special provision ``T7,'' which
provides for bottom opening requirements. As part of a voluntary
initiative to enhance safety, portions of the regulated community have
begun to use only portable tanks without bottom discharge connections.
To further enhance safety and to prohibit the use of portable tanks
with bottom discharge openings, we are proposing to revise the
following entries by replacing Special provision ``T7'' with ``T10.''
Special provision ``T10'' prohibits the use of bottom discharge
openings. We are also proposing to delete the respective IBC special
provisions (as indicated below) to prohibit the use of metal IBCs and
add Special provision ``TP7'' to require the vapor space to be purged
of air, as discussed above:
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
As a safety measure for the transport of most chlorosilanes, we are
proposing to apply Special provision ``T10,'' to prohibit bottom
discharge openings on portable tanks used to transport chlorosilanes.
However, for chlorosilanes meeting the criteria of Division 4.3 and for
``n.o.s.'' entries meeting the criteria for Classes 3, 8 and Division
6.1 that have been assigned ``T10,'' we are considering the general
assignment of Special provision ``T14'' rather than ``T10.'' In
addition to prohibiting bottom outlet openings, Special provision
``T14'' requires a higher minimum test pressure for the periodic
hydrostatic pressure test. We believe a higher minimum test pressure
would provide an increased level of safety when transporting these
types of chlorosilanes in portable tanks. Some chlorosilanes meeting
the above classification criteria (e.g., UN2987 and UN1295) have
already been assigned Special provision ``T14.'' Therefore, to enhance
safety and for consistency in assigning special provisions, we are
proposing to revise the following entries by replacing Special
provision ``T10'' with Special provision ``T14'' in Column (7):
UN2988 Chlorosilanes, water-reactive, flammable, corrosive, n.o.s.
UN1183 Ethyldichlorosilane
UN1242 Methyldichlorosilane
The following entries would be revised by assigning PG II in column
(5) rather than PG I. The flammability properties (i.e., the
flashpoint) place them in PG II, and no additional evidence indicates
the entries are more corrosive than all the other chlorosilanes classed
as a Class 3, subsidiary Class 8, PG II (e.g., UN1126). Therefore, in
accordance with the Precedence of hazard table (Sec. 173.2a), the
entries would be classed as Class 3, subsidiary Class 8, PG II
materials. In addition, as discussed above, we would replace Special
provision ``T7'' with ``T10'' for most chlorosilanes, however, for
these entries Special provision ``T10'' would replace the previously
assigned Special provision ``T11.'' Readers should note, this revision
is contingent upon the adoption of the proposed change from PG I to PG
II. The entries would be revised in Column (5) by assigning PG II and
in Column (7) by replacing Special provision ``T11'' with Special
provision ``T10'':
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized
As discussed above, for most chlorosilanes, we are proposing to
replace Special provision ``T7'' with ``T10,'' which prohibits bottom
discharge openings. In addition, we propose to revise the following
entries by replacing Special provision ``T11'' with Special provision
``T14'' which prohibits bottom discharge openings in portable tanks:
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
Chlorosilanes of Division
