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, 2200-2270 [E8-31383]
Download as PDF
<![CDATA[
2200
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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
mstockstill on PROD1PC66 with RULES3
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
SUMMARY: This final rule revises 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, Transport Canada’s
Transportation of Dangerous Goods
Regulations, and the United Nations
Recommendations on the Transport of
Dangerous Goods.
These revisions also 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 clarifying 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 is also modifying and
enhancing 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 revisions in
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
conjunction with the Federal Aviation
Administration to enhance the safe
transportation of batteries and batterypowered devices.
DATES: Effective date: February 13, 2009.
Voluntary Compliance Date: PHMSA
is authorizing voluntary compliance
beginning January 1, 2009.
Delayed Compliance Date: Except as
specified in §§ 171.14, 171.25, 172.102,
172.448, and 178.703 as amended
herein, compliance with the
amendments adopted in this final rule
is required beginning January 1, 2010.
Incorporation by Reference Date: The
incorporation by reference of the
publications adopted in § 171.7 of this
final rule has been approved by the
Director of the Federal Register as of
February 13, 2009.
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. Overview
A. Amendments To Enhance the Safe
Transportation of Batteries and BatteryPowered Devices
B. Additional Amendments Adopted in
This Final Rule
C. Amendments Not Being Adopted in
This Final Rule
III. Section-by-Section Review
IV. 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. Environmental Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a notice of proposed rulemaking
(NPRM) published July 31, 2008 [73 FR
44804], PHMSA proposed a number of
revisions to the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171–
180) to incorporate recent updates and
revisions to Transport Canada’s
Transportation of Dangerous Goods
(TDG) regulations, the United Nations
Recommendations on the Transport of
Dangerous Goods (UN
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Recommendations), the International
Maritime Dangerous Goods (IMDG)
Code, and the International Civil
Aviation Organization Technical
Instructions (ICAO TI) for the Transport
of Dangerous Goods by Air. The UN
Recommendations are amended and
updated biennially by the UN
Committee of Experts on the Transport
of Dangerous Goods and on the Globally
Harmonized System of Classification
and Labeling of Chemicals and serve as
the basis for national, regional, and
international modal regulations,
including the IMDG Code, and the ICAO
Technical Instructions. The revisions
proposed in the July NPRM cover
classification of materials, hazard
communication, and packaging
requirements.
The most noteworthy proposals in the
July NPRM concerned the transportation
of batteries and battery-powered
devices. Specifically, the NPRM
proposed enhanced packaging and
hazardous communication requirements
consistent with international standards
that address the electrical hazards posed
by batteries and battery-powered
devices. In the NPRM, we proposed the
following amendments applicable to the
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.
• Clarify the requirements for
determining whether a battery is
considered non-spillable. This included
designation of a new section outlining
conditions for packaging and transport
of batteries determined to be nonspillable.
• 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.
• Clarify the requirements for
transport of dry batteries including a
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
revision of the proper shipping name
used to describe dry batteries.
The measures proposed in the NPRM
for batteries and battery-powered
devices were intended to harmonize the
HMR with applicable international
standards. More importantly, the
proposals to amend the incident
reporting requirements related to the
transport of batteries and batterypowered devices would enable the
agency to acquire and assess data on the
causes of battery incidents in
transportation. We could then use that
information to develop strategies to
reduce the associated risks.
Harmonization of domestic and
international standards becomes
increasingly important as the volume of
hazardous materials transported in
international commerce grows.
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. By
facilitating compliance, harmonization
enhances 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, including
an assessment 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.
To maintain alignment of the HMR
with international requirements, in this
final rule, we are incorporating changes
based on the Fifteenth revised edition of
the UN Recommendations, Amendment
34 to the IMDG Code, and the 2009–
2010 ICAO TI, all of which become
effective January 1, 2009. We are also
addressing petitions for rulemaking
concerning harmonization with
international standards and additional
measures to facilitate international
transportation.
The July NPRM incorporated two
separate rulemaking dockets—HM–
224D addressing battery safety issues
and HM–215J addressing more general
harmonization issues. The comment
period for the proposed rule closed on
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
September 29, 2008. A total of 33
persons submitted comments in
response to the NPRM. Some of the
comments we received were provided in
duplicate to both Docket Nos. PHMSA–
2007–0065 (HM–224D) and PHMSA–
2008–0005 (HM–215J). For reader
utility, we have listed all comments
received in numerical order by the
Document ID number assigned when
submitted, including those submitted in
duplicate to each docket. The following
individuals, companies, and
organizations submitted comments to
the Docket for HM–224D:
(1) Adrien Tusek (Tusek; PHMSA–
2007–0065–0013);
(2) FedEx Express (FedEx; PHMSA–
2007–0065–0016);
(3) National Air Carrier Association
(NACA; PHMSA–2007–0065–0017);
(4) HMT Associates, LLC (HMT;
PHMSA–2007–0065–0018);
(5) Robert Herman (Paralyzed
Veterans of America) (PVA; PHMSA–
2007–0065–0020);
(6) Independent Pilots Association
(IPA; PHMSA–2007–0065–0021);
(7) United Parcel Service (UPS;
PHMSA–2007–0065–0019, 0022);
(8) Arkema, Inc. (Arkema; PHMSA–
2007–0065–0023);
(9) Procter & Gamble Company (P & G;
PHMSA–2007–0065–0024);
(10) Fedco Electronics, Inc. (Fedco;
PHMSA–2007–0065–0025);
(11) U.S. Fuel Cell Council (FCC;
PHMSA–2007–0065–0026);
(12) Joseph Schohn (Tyco
International) (Tyco; PHMSA–2007–
0065–0027, 0034);
(13) Omni Air International (Omni;
PHMSA–2007–0065–0029);
(14) URS Corporation (URS; PHMSA–
2007–0065–0030, 0031);
(15) Air Line Pilots Association,
International (ALPA; PHMSA–2007–
0065–0032); and
(16) Dangerous Goods Advisory
Council (DGAC; PHMSA–2007–0065–
0037).
The following individuals, companies
and organizations submitted comments
to the Docket for HM–215J:
(1) Signal Administration, Inc.
(Signal; PHMSA–2008–0005–0002);
(2) Omni Air International (Omni;
PHMSA–2008–0005–0003);
(3) The Fertilizer Institute (TFI;
PHMSA–2008–0005–0004);
(4) FedEx Express (FedEx; PHMSA–
2008–0005–0005);
(5) HMT Associates, LLC (HMT;
PHMSA–2008–0005–0006);
(6) Air Transport Association (ATA;
PHMSA–2008–0005–0008);
(7) National Electrical Manufacturer’s
Association (NEMA; PHMSA–2008–
0005–0009);
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
2201
(8) Chemical Products and
Technology Division (American
Chemistry Council) (CPTD; PHMSA–
2008–0005–0010);
(9) Lilliputian Systems, Inc.
(Lilliputian; PHMSA–2008–0005–0011);
(10) Association of Hazmat Shippers,
Inc. (AHS; PHMSA–2008–0005–0012);
(11) American Trucking Associations
(American Trucking Associations)
(PHMSA–2008–0005–0013);
(12) The Council on Safe
Transportation of Hazardous Articles,
Inc. (COSTHA; PHMSA–2008–0005–
0014);
(13) Battery Council International
(BCI; PHMSA–2008–0005–0015);
(14) Portable Rechargeable Battery
Association (PRBA; PHMSA–2008–
0005–0017);
(15) International Vessel Operators
Hazardous Materials Association, Inc.
(VOHMA; PHMSA–2008–0005–0018);
(16) URS Corporation (URS; PHMSA–
2008–0005–0019);
(17) Deeds (Industrial Health & Safety
Consultants, Inc.) (Deeds; PHMSA–
2008–0005–0020);
(18) Anderson Products, Inc. (API;
PHMSA–2008–0005–0021);
(19) National Transportation Safety
Board (NTSB; PHMSA–2008–0005–
0022); and
(20) Dangerous Goods Advisory
Council (DGAC; PHMSA–2008–0005–
0023).
Commenters were supportive of
PHMSA’s efforts to harmonize the HMR
with international standards. Many of
the proposals in the NPRM are fully
supported by commenters, while others
received little or no comment; these
amendments are adopted as proposed.
Several comments were beyond the
scope of this rulemaking and are not
addressed in this final rule. Comments
are addressed in more detail in the
Section-by-Section Review.
II. Overview
A. Amendments To Enhance the Safe
Transportation of Batteries and BatteryPowered Devices
The most noteworthy amendments in
this final rule address the transportation
of batteries and battery-powered
devices. Currently, batteries and batterypowered 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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2202
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
are forbidden from transportation unless
packaged in a manner that prevents
such an occurrence (§ 173.21(c)).
Additionally, the following types of
batteries and devices powered by
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 electrical
devices without proper protection and
packaging (§ 173.21). However, the HMR
currently prescribe no separate or
unique classification for identifying
materials that present a hazard in
transport based on their stored electrical
energy. This final rule addresses the
electrical hazards posed by batteries and
battery-powered devices by enhancing
packaging and hazard communication
requirements.
A growing number of incidents
involving batteries and battery-powered
devices transported by aircraft have
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 96 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.
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 addition, due 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 batterypowered 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
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
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;
• Consideration and implementation
of improved regulatory standards;
• Focused enforcement; and
• Development and implementation
of a public outreach and education
campaign.
The requirements adopted in this
final rule are an important element of
the safety strategy designed to address
specific battery-related hazards not
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
adequately addressed by existing HMR
requirements.
In this final rule, we are adopting the
following amendments to enhance the
safe transportation of batteries and
battery-powered devices:
• Requirement to report incidents
involving batteries and battery-powered
devices including those that result in a
fire, violent rupture, explosion, or
dangerous evolution of heat. Immediate
notice requirements are limited to air
transport of batteries and batterypowered devices.
• Clarification of the requirement that
batteries and battery-powered devices
and vehicles be offered for
transportation and transported in a
manner that prevents short-circuiting,
the potential of a dangerous evolution of
heat, damage to terminals, and, in the
case of transportation by aircraft,
unintentional activation.
• Clarification of the requirements for
determining whether a battery is
considered non-spillable. This
clarification includes the designation of
a new section outlining conditions for
packaging and transport of batteries
determined to be non-spillable.
• Requirement for a shipper of
batteries dry, sealed to indicate
compliance with applicable special
provisions and exceptions by marking
each package with the words ‘‘not
restricted’’ or, if a transport document
such as an air waybill accompanies a
shipment, by including the words ‘‘not
restricted’’ on the document.
• Elimination of 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.
• Clarification of the requirements for
the transport of dry batteries including
a revision of the proper shipping name
used to describe dry batteries and a
provision to limit the applicability of
transport requirements to a certain size
of battery.
As indicated earlier, these
amendments will harmonize the HMR
with international standards applicable
to the transportation of batteries and
battery-powered devices, improve
communication of the standards
pertaining to the transport of batteries
and battery-powered devices to facilitate
safe transport of these materials
especially by aircraft, relieve burdens
associated with compliance
requirements, and provide data and
information to enable PHMSA to
develop an understanding of the causes
of battery incidents in transportation
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
and assist us in the reduction of the
associated risks.
Incident reporting. Most batteries are
currently excepted from the incident
reporting requirements in the HMR. We
believe it is likely that numerous
incidents involving batteries and
battery-powered devices in all modes of
transportation are not reported. This
under-reporting has made it difficult to
analyze the full body of incidents in
transportation and to assess the full
extent of the hazards associated with
transporting batteries and batterypowered devices. In the July NPRM, we
proposed to require immediate
(telephonic) notice in accordance with
§ 171.15 for all incidents involving
shipments of batteries or batterypowered devices that result in a fire,
violent rupture, explosion, or a
dangerous evolution of heat. In
addition, we proposed to require
submission of a written incident report
in accordance with § 171.16 for battery
related incidents, including incidents
involving battery shipments that are
prepared and offered as excepted from
HMR requirements.
We received a number of comments
[ALPA, American Trucking
Associations, COSTHA, NEMA, UPS,
and VOHMA] supporting the proposal
to require written reports in accordance
with § 171.16 of the HMR for incidents
involving shipments of batteries or
battery-powered devices that result in a
fire, violent rupture, explosion, or a
dangerous evolution of heat. We also
received a number of comments [ALPA,
COSTHA, NEMA, VOHMA] supporting
the proposal to require immediate
(telephonic) notice in accordance with
§ 171.15. However, three commenters
[American Trucking Associations,
DGAC, UPS] oppose our proposal to
require immediate notice of incidents
involving shipments of batteries and
battery-powered devices as unwarranted
and burdensome, especially on carriers.
DGAC does not believe, ‘‘* * * a
battery incident would warrant [an
emergency response] and therefore
consider[s] reporting of battery
incidents to the NRC an unnecessary
reporting burden.’’ Additionally,
commenters note it would be difficult to
determine whether batteries or batterypowered devices were involved and
whether they were the cause of the
incident within the time constraints of
immediate reporting requirements. As
indicated by the American Trucking
Associations, experience has shown that
for trailer fires ‘‘* * * it is very difficult
to determine the cause of the fire and
carriers may not even know that
batteries were present until after the fire
is extinguished.’’ UPS indicates ‘‘* * *
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
2203
the new language will create significant
challenges for carriers.’’ UPS also notes
that ‘‘[e]xperience demonstrates that
there are occasions when fires occur but
the cause cannot be determined’’ and
‘‘many hours or even days may be
required to identify that the batteries
were in the trailer.’’ Both commenters
express concern that fire fighters may
shift or remove contents, thus
complicating efforts to determine the
cause of a fire. The American Trucking
Associations and VOHMA specifically
recommend that immediate notice
should apply to air transportation only.
Given the recent incidents involving
batteries and battery-powered devices,
we believe incident reporting will
provide the data to enable us to identify
the causes of battery incidents and
determine whether additional measures
would improve safe transport and help
prevent future incidents. However, we
agree with the commenters that
immediate telephonic reporting of
incidents that occur during ground
transportation may not be necessary for
this purpose. A written report of the
incident submitted in accordance with
§ 171.16 should provide sufficient
information for us to identify and assess
incident causes without imposing an
undue burden on carriers. Since most of
the anecdotal information about battery
incidents is associated with aircraft
incidents and because of the inherent
safety hazards of air transport, we
continue to believe that air carriers
should be required to provide
immediate notice of battery related
incidents. Therefore, in this final rule,
we are adopting the amendment to
§ 171.15 to include a requirement for
immediate notice of incidents involving
shipments of batteries or batterypowered devices transported by aircraft
resulting in a fire, violent rupture,
explosion, or dangerous evolution of
heat. Because this change from the
incident reporting provisions proposed
in the NPRM will revise the estimated
reporting burden, we are re-calculating
the information collection pertaining to
incident reporting and will submit a
revised package to the Office of
Management and Budget (OMB). A
separate Federal Register notice will be
published pending OMB review (see
discussion under ‘‘Paperwork Reduction
Act’’).
One of the reporting criteria proposed
in the NPRM was for an incident
involving a ‘‘dangerous evolution of
heat.’’ Several commenters [American
Trucking Associations, COSTHA,
FedEx, UPS, VOHMA] express concern
that the criterion is vague and open to
interpretation. The commenters request
that we clarify the meaning of a
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2204
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
‘‘dangerous evolution of heat’’ or
remove the condition altogether in order
to relieve any potential ambiguity from
the incident reporting requirements for
the shipment of batteries or batterypowered devices. As FedEx states, ‘‘this
[term] is subjective and certainly
requires further review or additional
clarification.’’ We continue to believe
that a requirement to report incidents
involving a ‘‘dangerous evolution of
heat’’ will assist us to evaluate the
potential fire risks associated with the
transportation of batteries and batterypowered devices. However, we agree
that clarification would be helpful.
VOHMA suggests that the reporting
requirement should be triggered by
visible evidence of an amount of heat
sufficient to be dangerous to packaging
or personal safety to include ‘‘* * *
charring of packaging, melting of
packaging, scorching of packaging, or
other evidence.’’ We agree and are
adding this clarification to the reporting
requirements.
Battery safety. In this final rule, we
are adopting 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,
the potential of a dangerous evolution of
heat, and, for transportation by aircraft,
unintentional activation. We are
including several examples of packaging
methods that may meet this
performance standard, including
packaging each battery or each batterypowered 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 protected with
non-conductive caps. We have included
language in §§ 171.15, 171.16, 172.102
Special Provision 130, 173.21, 173.159,
173.220, and 175.10 to further clarify
these requirements.
The HMR include a number of
provisions applicable to batteries
installed in vehicles, machinery, or
other types of equipment. Section
173.220 establishes 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 final
rule, we are adopting an amendment to
require battery-powered vehicles,
machinery, and equipment, including
battery-powered wheelchairs and
mobility aids, to conform to the new
requirements in § 173.159, paragraphs
(a) and (b), including requirements for
protecting terminals and preventing
short-circuiting and unintentional
activation. In addition, we are clarifying
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.
Non-spillable batteries. Section
173.159 establishes requirements for the
transportation of wet batteries,
including non-spillable batteries. If
certain conditions are met, non-spillable
batteries are excepted from the HMR.
Non-spillable batteries meeting
additional requirements are excepted
from all other requirements of the HMR.
Unless all of the conditions specified in
§ 173.159(d) are met, a non-spillable
battery is fully subject to the HMR as a
wet electric storage battery.
International regulations outline the
conditions under which a battery is
considered non-spillable and provide
packaging requirements specific to nonspillable batteries. In this final rule, we
are describing in § 173.159(f) the
conditions under which a battery is
considered non-spillable and relocating
the exceptions pertaining to nonspillable batteries to a new § 173.159a.
Consistent with international
requirements, we are specifying that
batteries are considered ‘‘non-spillable’’
when they are capable of passing a
vibration test and a pressure differential
test without leakage. We are also
adopting the requirement that nonspillable batteries must 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 are specifying 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 is
designed so that electrolyte will not
flow from a ruptured or cracked case;
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
• The battery is protected against
short-circuiting and securely packaged
in strong outer packaging;
• The battery is marked
‘‘NONSPILLABLE’’ or
‘‘NONSPILLABLE BATTERY’’; and
• For transportation by aircraft:
• The battery must meet the
provisions of § 173.159(b)(2).
One commenter [Tyco] expresses
concern regarding shipments of nonspillable batteries that otherwise appear
to meet the requirements for transport of
non-spillable batteries (see § 173.159a),
but leak after being damaged during
transportation. The commenter states
that it conducted an internal
investigation, which involved test
samples of all non-spillable batteries it
utilizes, to determine if those batteries
met the criteria of a ‘‘non-spillable’’
battery because they leaked and
contained free liquids. According to the
commenter, a number of the tested
batteries exhibited observable leakage,
although the manufacturers and
distributors of the batteries had
provided certification and laboratory
results showing no failures. Based on
this information, the commenter
recommends that PHMSA clarify any
ambiguity surrounding the methodology
used to determine whether a battery is
‘‘non-spillable’’ to improve safety
during the transportation of these
materials. Specifically, the commenter
requests PHMSA identify a testing
protocol to determine whether a battery
is designed so that electrolyte will not
flow from a ruptured or cracked case.
We commend the efforts of the
commenter and appreciate the
information provided in its comments.
However, the recommendation provided
by the commenter is outside the scope
of this rulemaking as revisions to the
criteria for determination of a nonspillable battery were not proposed in
the NPRM. We will consider this
information as part of our
comprehensive strategy aimed at
reducing the risks posed by batteries
and battery-powered devices in
transportation.
We received two comments [BCI,
PRBA] expressing disappointment that
PHMSA did not consider provisions for
shipments of non-spillable batteries
transported for recycling or disposal.
The commenters indicate that ‘‘* * * it
is almost impossible for shippers of
used batteries to know if nonspillable
batteries have been subject to the
required vibration, pressure differential,
and ‘crack test’ at 55 °C (131 °F) or
marked NONSPILLABLE or
NONSPILLABLE BATTERY * * *’’
Both commenters request that PHMSA
include a new paragraph in § 173.159
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
which would provide relief from these
tests for batteries transported for
disposal or recycling. The request by the
commenters is beyond the scope of this
rulemaking. We did not propose the
addition of a new paragraph which
provides relief from non-spillable test
requirements for shipments of nonspillable batteries intended for recycling
or disposal. However, we will review
the merits of this request and consider
it for a future rulemaking.
One commenter [BCI] requests that
PHMSA remove the reference to
‘‘batteries manufactured after September
30, 1995’’ in the new § 173.159a for
exceptions for non-spillable batteries.
BCI notes that ‘‘* * * it is safe to
assume that all nonspillable batteries
being shipped today and in the future
are manufactured after this date * * *’’
We agree and in this final rule, we are
removing the phrase ‘‘batteries
manufactured after September 30, 1995’’
from the new § 173.159a.
Battery-powered wheelchairs or other
mobility aids. Section 175.10 establishes
exceptions for passengers,
crewmembers, and air operators.
Currently, the HMR permit a wheelchair
or other battery-powered mobility aid 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 aid or
removed and separately packaged. We
are concerned, however, that repeated
handling of the battery in a wheelchair
or other mobility aid could result in
damage or other problems that could
compromise safety. Moreover, the
design batteries and their housing have
significantly improved in recent years.
Therefore, in the NPRM, we proposed to
revise § 175.10(a)(15) to eliminate the
requirement to disconnect the terminals
when a battery-powered wheelchair or
other mobility aid 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 aids.
Three commenters [ALPA, Omni,
PVA] support PHMSA’s proposal to
eliminate the current requirement to
disconnect the terminals when a
battery-powered wheelchair or other
mobility aid is transported as checked
baggage provided the wheelchair or
mobility aid has an effective means of
preventing unintentional activation.
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
ALPA states, ‘‘* * * [w]e believe this
provides an equivalent level of safety
and will prevent inadvertent damage to
wheelchairs by airline personnel, which
could lead to a battery incident.’’
However, one commenter [Tusek]
expresses concern regarding the
proposal to disconnect the battery if the
wheelchair or mobility aid design does
not provide an effective means of
preventing unintentional activation. The
commenter is concerned that such a
requirement can be satisfied by merely
unplugging a cable from a control unit
rather than disconnecting the battery at
the terminal(s). The commenter notes
that the cable is still ‘‘live’’ and
susceptible to ‘‘arcing’’ (short-circuiting)
if the cable remains attached to the
battery. The commenter provides
information about an incident involving
a wheelchair to illustrate the risk
associated with unplugging a
wheelchair but allowing the cable or
wiring to remain connected to a battery.
We acknowledge the concerns of the
commenter and believe that additional
clarification is warranted. Our review
indicates that the referenced incident
could have been prevented by thorough
visual inspection, proper handling, and
proper insulation of the terminals.
Additionally, we note that the intent of
the provision to disconnect the battery
is to disconnect the battery at the
terminals (and insulate the terminals to
prevent short circuits). Unplugging a
cable and leaving it connected to the
terminal(s) does not satisfy the
requirement to disconnect the battery
and insulate the terminals. However,
requiring the disconnection of batteries
at the terminal results in repeated
handling of the battery and increases the
potential of damage or other problems
that could compromise safety. Our
intent is to diminish this potential by
allowing the battery to remain
connected to the wheelchair or mobility
aid if the design provides an effective
means of preventing unintentional
activation. Therefore, in this final rule,
we are adopting the requirements as
proposed, and including additional
language in the regulatory text in
§ 175.10(a)(15) to clarify that when the
battery is disconnected, the battery
terminals must also be protected to
prevent short circuits.
Waybill notation. In the July NPRM,
we proposed to require a notation to be
included on the air waybill
accompanying a shipment to indicate
that batteries and battery-powered
devices have met all conditions and
requirements for transport as specified
in the HMR without further restriction.
A number of commenters [ALPA,
American Trucking Associations, BCI,
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
2205
COSTHA, DGAC, Fedco, FedEx, NEMA,
Omni, PRBA, UPS, URS] addressed the
proposed notation. Most commenters
oppose the proposal based on current
air carrier practice, inconsistency with
the ICAO TI, and concern that air
waybills are not required shipping
documents under the HMR.
Commenters oppose the certification
provisions because the HMR do not
specifically require an air waybill. As
COSTHA notes, ‘‘* * * [u]se of an air
waybill is not mandated by the HMR
and there are few if any references to an
air waybill.’’ Additionally, UPS points
out that ‘‘[t]his commercial document,
used by many air carriers as a contract
of carriage, does not really have any
status in the HMR * * *’’ Commenters
state that the language as written
suggests that the required words ‘‘not
restricted’’ must appear on an air
waybill, in effect, requiring shipments
to be accompanied by an air waybill.
Other commenters stress that the
language as proposed in the NPRM is
not consistent with ICAO TI
requirements, which require the words
‘‘not restricted’’ when an air waybill is
issued. PRBA asserts that ‘‘* * *
PHMSA should clarify that this
requirement only applies when an air
waybill is issued * * *’’ Two
commenters [COSTHA, Omni] suggest
that it would be more appropriate to
revise the language to require
confirmation of compliance on an
accompanying air waybill or other
document. COSTHA specifically
suggests using language similar to
language provided in new section
§ 173.4a(h)(1), ‘‘* * * if a document
such as an air waybill accompanies a
shipment * * *.’’
Commenters are also concerned about
implementation of such a hazard
communication requirement. Some
indicate an inequitable burden on
carriers, especially non-air transport
modal carriers. The American Trucking
Associations indicates, ‘‘* * * if a
shipper of batteries fails to indicate this
statement on an air waybill used as a
shipping paper, it is extremely unlikely
that a motor carrier will be able to
identify the deficiency * * *’’ UPS
urges PHMSA to proceed carefully with
new documentation requirements and
states, ‘‘PHMSA should not expect
carrier personnel routinely to seek
information related to hazardous
materials on a document other than a
hazardous materials shipping paper,
particularly when the package does not
otherwise require special handling
* * *.’’ Commenters also note that use
of an air waybill is not standard across
the air carrier industry, and that carriers
and industry are becoming more
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2206
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
automated and moving towards a
paperless system for shipments.
According to UPS, ‘‘Millions of air
shipments, including those in the UPS
small package service, move every day
without an accompanying air waybill.
The vast majority of such small package
service shipments are transported with
an address label affixed to the package
* * * PHMSA’s proposal depends on
the unfounded assumption that an air
waybill will be generated for every air
shipment * * *.’’ FedEx adds, ‘‘We
estimate that well over 50% of
shipments offered to FedEx Express do
not have a paper air waybill.’’
Two commenters [NACA, Omni] note
that in many cases the carrier or freight
forwarder prepares the air waybill and
disagree with PHMSA’s premise that
including the words ‘‘not restricted’’ on
an air waybill allows a carrier or freight
forwarder to verify that the shipper has
complied with applicable requirements.
According to Omni, ‘‘* * *[w]here the
consignor tenders a material or article to
an aircraft operator or freight forwarder
and the operator’s or freight forwarder’s
agent prepares the air waybill, the stated
intent of the PHMSA may not be
satisfied.’’ Omni suggests PHMSA
require the confirmation of compliance
on the accompanying air waybill or
other transport document to permit the
endorsement in a form other than the air
waybill prepared by the operator or
freight forwarder. NACA suggests
requiring the shipper to submit written
verification that the shipment is
determined to be ‘‘not restricted’’ or
requiring the shipper endorsement of an
air waybill prepared by a carrier or the
freight forwarder.
Recent incidents involving batteries
and battery-powered devices suggest
that shippers may not be aware of all the
HMR requirements applicable to
shipments of these items. Moreover, the
lack of a declaration or some other type
of shipment identification
accompanying these shipments to air
carriers may result in unsafe handling
during transportation. We believe that a
requirement to indicate on a shipping
document or other media that the
shipment conforms to all applicable
requirements will enhance safety
through increased awareness on the part
of both shippers and carriers.
It was not our intent to specifically
require the use of an air waybill to
communicate conformance. We agree
with commenters that recommend
consistency with ICAO TI requirements
to include the words ‘‘not restricted’’
when an air waybill is issued. However,
in light of comments submitted
indicating that not all shipments are
accompanied by an air waybill, limiting
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
the requirement to ‘‘when an air waybill
is issued’’ does not satisfy the intent of
communicating conformance with the
HMR. Therefore, as suggested by
COSTHA, we are revising the language
to be similar to the ‘‘excepted
quantities’’ documentation requirements
to specify that ‘‘if a document such as
an air waybill accompanies a shipment,
the words ‘not restricted’ must be
provided on the document.’’ The
documentation we refer to is some form
of transport documentation prepared to
accompany the shipment. To assist the
communication process, we recommend
including the words ‘‘not restricted’’ on
the top page of a multiple page
document in a manner clearly
distinguishing the required words from
other text. In addition, to reduce the
paperwork burden that may result from
this requirement, in this final rule, we
are adopting an alternative means of
communicating conformance.
Specifically, a shipper may elect to
mark each package containing batteries
or battery-powered devices with the
words ‘‘not restricted’’ in lieu of placing
the words on a transport document
accompanying the shipment. Finally, in
response to commenters’ concerns that
this amendment will impose additional
documentation-related burdens, we are
recalculating the related information
collection pertaining to shipping papers
and will submit a revised package to
OMB. A separate Federal Register
notice will be published pending OMB
review (See discussion under
‘‘Paperwork Reduction Act’’).
Note that the requirement to include
the notation ‘‘not restricted’’ on an air
waybill, shipping document, or as a
package marking applies to cargo
shipments of dry, sealed batteries that
are greater than 9 volts. Other types of
batteries, including lithium batteries
and non-spillable batteries, are already
subject to hazard communication
requirements in the form of shipping
documentation and/or package
markings and labels.
We are not adopting our proposal for
an air waybill certification requirement
for other types of hazardous materials
shipments. See the discussion later in
this preamble.
Conforming amendments. In the July
NPRM, we proposed a number of
conforming amendments to ensure that
batteries are transported in accordance
with the proposed requirements in
§ 173.159. For example, § 173.21
currently prohibits the transportation of
electrical devices unless packaged to
prevent the creation of sparks or
generation of a dangerous amount of
heat. In the NPRM, we proposed to
revise this paragraph to clarify that the
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
term ‘‘electrical devices’’ includes
‘‘batteries’’ and ‘‘battery-powered
devices.’’ We also proposed 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 the
potential of a dangerous evolution of
heat, 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 to
the proposed amendments, in this final
rule, we are adding clarifying language
that the requirements in Special
Provision 130 for dry batteries
transported by air only apply to
shipments of batteries whose voltage
(electrical potential) exceeds 9 volts.
We received a number of comments
[BCI, NEMA, Omni, PRBA,UPS, URS]
generally supporting our efforts to
clarify requirements for preventing short
circuits and inadvertent activation as
well as our proposal to include
examples of packaging methods to meet
performance standards. However,
several commenters [NEMA, PRBA,
URS] oppose the current structure of the
regulatory text outlining examples of
packaging methods to prevent short
circuits for batteries excepted under
§ 172.102, Special Provision 130.
Specifically, commenters are concerned
with the examples we provided to
package each battery when practicable
in fully enclosed inner packagings or
separating the batteries in a manner to
prevent contact with other batteries,
devices or conductive materials. The
commenters are also concerned that this
language would disallow the current
practice of retail packaging commonly
referred to as ‘‘blister packs’’ and
volume packaging of batteries.
Commenters note that during volume
packaging of batteries, batteries are
packaged in such a manner that the
metal sides or jackets of the batteries
contact one another, but are positioned
and packaged so that there is no
terminal-to-terminal contact or terminalto-metal contact, and there is no shifting
of the contents to allow such contact.
We agree with the commenters that
clarification of the proposed language
may be warranted. The intent of
including the examples of methods to
protect from short circuits is to assist
shippers to identify specific methods of
achieving the standard. As UPS notes
‘‘[t]he inclusion of these examples will
lead to better understanding of the
specific steps required to prevent
incidents in transportation.’’ Our intent
is not to prohibit a method of packaging
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
that has a track record of safe transport.
Indeed, we have issued previous
interpretive guidance indicating that
battery-to-battery contact is not
prohibited provided there is no contact
between battery terminals, battery
terminals and conductive material, or
shifting that would allow such contact.
Therefore, in this final rule, we are
revising the proposed language in
§§ 172.102, Special Provision 130 and
173.159 to clarify the requirements.
One commenter [Omni] expresses
concern that FAA requirements in 14
CFR Part 382 no longer align with the
requirements in Parts 171 through 175
because of proposed revisions to
§§ 173.159 and 175.10. Omni
encourages agencies within DOT to
coordinate efforts to ensure
requirements from the respective
agencies align. We agree that alignment
within the agencies is necessary;
however, we are not aware of any
conflict.
One commenter [BCI] indicates that
we did not clearly state the numerous
ways protection against short circuits
and generating a dangerous quantity of
heat can be achieved. BCI points out
that ‘‘* * *certain batteries are
designed in such a way to prevent short
circuits, and thus need not be subject to
additional packaging requirements.
(Examples include, but are not limited
to, recessed battery terminals.)* * *’’
BCI recommends that PHMSA
incorporate design considerations into
the transport requirements for batteries
or battery-powered devices. We agree.
The requirements are not intended to
regulate the design of these materials
but allow for designs that conform to the
requirements. For instance, the
requirements allow for compliance with
the requirement to protect against
damage to terminals through design
implementation such as recessed battery
terminals.
In the July NPRM, we also proposed
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
final rule, we are extending the
requirements for incident reporting and
enhanced packaging to cover all
batteries and battery-powered devices.
Therefore, we are removing the entry
‘‘Batteries, dry, not subject to the
requirements of this subchapter’’ and
adding a new entry, ‘‘Batteries, dry,
sealed, n.o.s.’’ to the HMT.
It should be noted that shippers must
distinguish between the proper shipping
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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
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 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.
The entry ‘‘Batteries, dry, containing
potassium hydroxide solid, electric
storage’’ is being revised by adding to
column (7) a reference to new Special
Provision 237. The new special
provision specifies 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(b)(2). The entry ‘‘Batteries,
wet, non-spillable, electric storage’’ is
revised by adding to column (8A), a
reference to new § 173.159a.
Section 173.189 establishes
transportation requirements for batteries
containing sodium or cells containing
sodium. In the NPRM, we proposed 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.’’ This amendment is being
adopted as proposed.
Section 176.84 contains additional
stowage and segregation requirements
for hazardous materials on cargo and
passenger vessels. In this final rule, in
order to 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
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
2207
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.
Lithium batteries. Except for incident
reporting requirements, the July NPRM
did not propose any amendments
pertaining to the transportation of
lithium batteries. PHMSA is continuing
to evaluate and reduce lithium battery
risks through targeted enforcement;
inspections and testing, including root
cause investigation of all incidents;
public outreach; and other nonregulatory initiatives.
Three commenters [ALPA, Fedco,
Omni] express disappointment that
PHMSA is not proposing any
amendments pertaining to the
transportation of lithium batteries. One
commenter [Fedco] is, ‘‘appalled to find
* * * 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.’’ Fedco
notes the burden this places on its
company by requiring ‘‘extreme
diligence’’ when shipping lithium cells
and batteries because of the dual
shipping and packaging requirements
and strongly urges PHMSA to fully
harmonize with the UN
Recommendations. Omni also expresses
concern but requests that, ‘‘* * * at a
minimum, the PHMSA incorporate in to
§ 172.101 the three new lithium ion
battery proper shipping names and the
three replacement lithium metal battery
proper shipping names that come into
effect internationally * * *’’ as of
January 1, 2009. An additional
commenter [NEMA] requests
clarification of the weight limitations for
packages of small lithium cell and
batteries.
We appreciate the concerns expressed
by shippers about the challenges
involved with complying with differing
regulatory standards and requirements.
However, it should be noted that
because the HMR permit compliance
with ICAO requirements for air
shipments, the new proper shipping
names may be used for air
transportation, both domestically and
internationally, and for transportation
by motor vehicle and rail immediately
before or after being transported by
aircraft. Further, as stated in the NPRM,
we plan to complete an assessment of
the costs and benefits of further
restrictions and available alternatives
before developing additional lithium
battery rulemaking proposals. Therefore,
except for incident reporting
E:\FR\FM\14JAR3.SGM
14JAR3
2208
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
requirements and some clarifying
language for protection against short
circuits, this final rule does not adopt
amendments pertaining to the
transportation of lithium batteries. 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.
B. Additional Amendments Adopted in
This Final Rule
In addition to the battery-related
amendments detailed above, in this
final rule, we are adopting 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 § 172.101 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.
Additionally, we are revising several
entries in the HMT to correct
typographical errors.
• 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 adopting 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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. 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. We
proposed to 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. Based on our review of
comments regarding the proposed air
waybill requirements for ‘‘not
restricted’’ materials and based on past
history of safe transportation of these
excepted materials, in this final rule, we
are not adopting the incident reporting
requirement as proposed for those
materials excepted in §§ 173.162,
173.164, 173.166, 173.186, 173.306, and
173.307. However, we are adopting our
proposals to revise the exceptions and
Special provisions applicable to
batteries to include incident reporting
requirements because there is a greater
need to collect data as is discussed in
the above Section A. We will continue
to review the merits of the proposal and
may reconsider the proposed
amendments for a future rulemaking.
• 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, TDG, UN Recommendations, and
the addition of two new International
Organization for Standardization (ISO)
standards.
• Petitions for Rulemaking: In this
final rule, 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 Globally
Harmonized System of Classification
and Labelling of Chemicals (GHS) are
not prohibited under the HMR; P–1505,
requesting PHMSA to include a new
proper shipping name ‘‘Powder,
smokeless,’’ UN0509, to the HMT and to
include the new entry among the
explosives assigned Packaging
Instruction 114(b) in § 173.62; and P–
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
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 classed as such for
domestic or international transportation
(see paragraph 4 of the introduction to
Appendix B of § 172.101). The new
classification system adopted in 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, in the NPRM,
we did not propose to adopt the new
IMDG Code environmental classification
system. Instead, we proposed to
maintain the current regulatory
approach to facilitate transportation
without mandating use of the new GHSbased criteria. We also proposed to
adopt a new marking for marine
pollutants consistent with the marking
adopted within the IMDG Code. These
amendments are being adopted as
proposed. These actions will provide
the greatest possible harmonization with
international requirements without
imposing an undue burden on industry.
This amendment is also consistent with
a Petition for Rulemaking (P–1516) filed
by 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 percent rule for classifying
mixtures containing marine pollutants
be used while allowing compliance with
the mixture calculation in the IMDG
Code. Though we did not propose to
implement a 10 percent rule for marine
pollutants irrespective of whether they
are identified as a severe marine
pollutant, we requested comments on
that recommendation. In particular, we
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
were interested in the environmental
impacts of such a change and its effect
on human health and the environment.
We invited 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. We did
not receive any comments specifically
addressing the release of substances into
aquatic resources and drinking water.
However, comments pertaining to the
proposal to maintain the current
regulatory approach to facilitate
transportation without mandating use of
the new GHS-based criteria are
discussed under the section entitled
‘‘Appendix B to § 172.101’’ in this
rulemaking.
C. Amendments Not Being Adopted in
This Final Rule
This final rule makes 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
adopting 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 a proposed
amendment in the NPRM, we will
attempt to include the omission in this
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 significant
amendments to the international
regulations that we are not adopting in
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
this final rule 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).
Pursuant to that 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 [PHMSA–06–25885
(HM–232F); 73 FR 52558, September 9,
2008] we proposed revisions to 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. We
expect to publish a final rule in the
spring of 2009.
• Requirements for Radioactive
Materials. We are not adopting
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 State and local
authorities. Therefore, we are not
adopting 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 adopted in this
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
2209
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
adopted 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 amending the
vibration test requirements currently in
the HMR.
• Requirement for Bromine (UN1744).
In the most current 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
instruction, we believe the current
provisions in the HMR pertaining to the
packaging of Bromine are adequate. The
most noteworthy revision to the UN
packing instruction which was initially
adopted by the UN, was the removal of
the intermediate packaging requirement
for combination packagings. This
decision was later reversed. Therefore,
because the HMR already require an
intermediate packaging, we are not
adopting this amendment in this
rulemaking.
• 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
adopted 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
E:\FR\FM\14JAR3.SGM
14JAR3
2210
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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
adopted 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 adopted in this
rulemaking. We are reviewing these
amendments, including the related cost
impacts, and may consider them for a
future rulemaking. In the NPRM, we
requested comments to provide
information and suggestions that we can
use during a future review. One
commenter [ATA] states that it does not
support airport signage as a primary
means of hazard communication and
that the ICAO requirements for more
information on signage are not effective
or efficient. Further, the commenter
urges PHMSA not to adopt the ICAO
signage requirements. We acknowledge
the commenter’s remarks and will
include them in our consideration of a
future rulemaking.
• Requirement for Hazard
Communication on an Air Waybill:
Amendment 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 applicable exceptions or special
provisions. Based on comments
received in response to the NPRM and
the past history of the safe transport of
the hazardous materials that would be
subject to these amendments, we are not
adopting the amendments in this final
rule. However, we will continue to
review the merits of this hazard
communication amendment and may
reconsider incorporating the
amendment or a similar revised version
of the amendment in a future
rulemaking.
mstockstill on PROD1PC66 with RULES3
III. Section-by-Section Review
Following is a section-by-section
review of the amendments adopted in
this final rule. Note that this section-bysection review excludes the
amendments applicable to the
transportation of batteries and battery-
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
powered devices, which are detailed in
section II of this Notice.
Part 171
Section 171.7
The ‘‘National Technology Transfer
and Advancement Act of 1996’’ directs
agencies to use voluntary consensus
standards. According to 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.
One commenter [TFI] requests that we
amend the HMR to include the most
current edition of the Transport
Canada’s TDG Regulations by
referencing ‘‘Amendment 6’’ in the
§ 171.7 list of standards incorporated by
reference. Amendment 6 of the TDG was
published in Part II of the Canada
Gazette on February 20, 2008. The
§ 171.7 list of standards of the HMR
currently lists Amendment 5. We
acknowledge the commenter’s request to
include Amendment 6 in our list of
standards incorporated by reference. We
are currently evaluating the changes in
Amendment 6 of the TDG to determine
whether the revised standards provide
an enhanced level of safety without
imposing significant compliance
burdens, and will consider its inclusion
in the HMR in a future rulemaking.
However, in this final rule we are
incorporating the new subsection
4.18(5) of Amendment 6 pertaining to
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
placarding of anhydrous ammonia,
UN1005. This amendment will maintain
our long-standing policy of accepting
the TDG placards in the U.S. and will
facilitate the safe and efficient
transportation of anhydrous ammonia
between the U.S. and Canada.
We did not receive comments
opposing the incorporations by
reference proposed in the NPRM;
therefore we are updating the addresses
and the incorporation by reference
materials for the ICAO TI, the IMDG
Code, and the UN Recommendations. In
addition, we are updating the ISO
address and adding two new ISO
Standards. The updated editions of
these standards become effective
January 1, 2009.
The following currently referenced
standards will be updated as shown in
the amended § 171.7:
• International Civil Aviation
Organization (ICAO), Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, 2007–2008
Edition.
• International Maritime
Organization (IMO), International
Convention for the Safety of Life at Sea
(SOLAS) Amendments 2000, Chapter II–
2, Regulation 19, 2001 and The
International Maritime Organization’s
International Maritime Dangerous
Goods Code, 2006 Edition,
Incorporating Amendment 33–06,
English Edition, Volumes 1 and 2.
• International Organization for
Standardization, ISO 10156:1996, Gases
and Gas Mixtures—Determination of fire
potential and oxidizing ability for the
selection of cylinder valve outlets,
Second edition February 1996 (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 edition, August 2005,
(E).
• Transport Canada, Transportation
of Dangerous Goods Regulations
(Transport Canada TDG Regulations),
August 2001 including Clear Language
Amendments SOR/2001–286,
Amendment 1 (SOR/2002–306) August
8, 2002; Amendment 2 (SOR/2003–273)
July 24, 2003; Amendment 3 (SOR/
2003–400) December 3, 2003;
Amendment 4 (SOR/2005–216) July 13,
2005; and Amendment 5 (SOR/2005–
279) September 21, 2005.
• United Nations, The UN
Recommendations on the Transport of
Dangerous Goods, Fourteenth revised
edition (2005), Volumes I and II.
Section 171.14
This section prescribes transitional
provisions for recently adopted
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
regulatory changes in the HMR. In a
final rule, under Docket HM–218D (73
FR 4699; on January 28, 2008), we
added a new entry for ‘‘Ethanol and
gasoline mixture or Ethanol and motor
spirit or Ethanol and petrol mixture,
with more than 10% ethanol, 3,
UN3475, II’’ in the HMT. Although we
included a delayed compliance date for
the implementation of the new
identification number marking
requirements in § 172.332(c)(6) and
(c)(7), we did not provide the same
transition period in the regulatory text
for the continued use of the proper
shipping names for these materials that
were in effect prior to the publication of
the HM–218D final rule. For example,
for a gasoline and alcohol fuel blend
containing 85 percent alcohol (E85), the
most appropriate description prior to
the HM–218D rulemaking was
‘‘Flammable liquid, n.o.s., (ethanol,
gasoline), 3, UN1993.’’ Our intent was to
minimize the costs of transitioning to
this new description by allowing the
continued use of shipping names for
these materials that were in effect prior
to publication of the HM–218D final
rule for a period of two years from the
effective date, as discussed in the HM–
218D final rule preamble. To correct this
oversight, in this rulemaking, we are
adding a new paragraph (h) to specify
that effective October 1, 2010, the new
proper shipping name ‘‘Ethanol and
gasoline mixture or ethanol and motor
spirit mixture or ethanol and petrol
mixture,’’ and the revised proper
shipping name ‘‘Gasohol gasoline mixed
with ethyl alcohol, with not more than
10% alcohol must be used, as
appropriate.
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 U.S. 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 the NPRM, we proposed to revise
§ 171.25(c)(5) 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.
Two commenters [Signal, VOHMA]
support the proposal, but both express
concern pertaining to its
implementation. VOHMA states that
‘‘we are concerned that vessels
transiting U.S. ports and in compliance
with the current IMDG Code
authorization for ‘‘under-deck’’ stowage
may be problematic’’ and requests that
PHMSA ensure that shippers are made
aware of the requirement. We agree with
the commenter. PHMSA submitted a
proposal to the IMO Subcommittee on
Dangerous Goods, Solid Cargoes and
Containers to address the issue of
stowage of cryogenic liquids as
discussed above. IMO will adopt the
provisions in the IMDG Code under
Amendment 35–10. In the interim
period between adoption in the HMR
and adoption in the IMDG Code,
PHMSA will work with the IMO and
various trade associations to advise
shippers and carriers of this new
provision.
Signal recommends that PHMSA
revise paragraph (d) of this section (Use
of the IMDG Code in port areas) to
clarify that the provision to store
portable tanks, cargo tanks, and tank
cars containing cryogenic liquids ‘‘on
deck’’ is also applicable to port areas.
The commenter expresses concern
regarding vessels passing through U.S.
port areas where cryogenic liquids may
be stowed ‘‘under-deck’’ in accordance
with the IMDG Code stowage
requirements. The commenter believes
the hazard is just as great to U.S.
maritime workers even though the cargo
may not be loaded or unloaded in the
U.S. port of call. Additionally, pending
a revision to paragraph (d), Signal also
urges PHMSA to waive the proposed
one year transition period and make the
provisions for stowage of cryogenic
liquids effective on the date of
publication of this rulemaking. We agree
with the commenter’s concern regarding
the applicability of the provision in U.S.
port areas and due to the immediate
nature of the risk associated with
stowing bulk packagings of cryogenic
liquids ‘‘under-deck,’’ in this final rule,
we are adding a new paragraph (d)(3) to
specify that this provision is applicable
to U.S. port areas. We also agree with
the recommendation to make the
provisions effective immediately.
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
2211
Therefore, in this final rule, we are
revising paragraphs (c)(5) and (d)(3) of
§ 171.25 to indicate that these specific
requirements are effective 30 days after
the date of publication of the
rulemaking, except for shipments
transporting these materials prior to the
effective date of this amendment.
Part 172
Section 172.101 Hazardous Materials
Table (HMT)
Section 172.101 contains the HMT
and explanatory text for each of the
columns in the HMT. We proposed to
make various amendments to the HMT.
Readers should review all changes for a
complete understanding of the
amendments. For purposes of the
Government Printing Office’s
typesetting procedures, changes to the
HMT appear under three sections of the
Table, ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’
Certain entries in the HMT, such as
those with revisions to the proper
shipping names, appear as a ‘‘remove’’
and ‘‘add.’’ 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, but were inadvertently
overlooked. Therefore, in this final rule,
we are removing 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
Portable tank 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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2212
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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 revising
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
UN1745 Bromine pentafluoride
UN1744 Bromine solutions
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
NA2927 Ethyl phosphonothioic
dichloride, anhydrous or Ethyl
phosphorodichloridate
NA2845 Ethyl phosphonous
dichloride, anhydrous pyrophoric
liquid
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 proposed 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
discussion under § 173.206 in this
section of the rulemaking. The following
entries are revised in Column (8B) by
replacing the current non-bulk
packaging provision with ‘‘206’’:
UN1724 Allyltrichlorosilane,
stabilized
UN1728 Amyltrichorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
UN2987 Chlorosilanes, corrosive,
n.o.s.
UN2985 Chlorosilanes, flammable,
corrosive, n.o.s.
PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
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
Portable tank Special Provision TP13
(which requires provision of selfcontained breathing apparatus when
certain hazardous materials are
transported by vessel) to all
chlorosilanes, the following entries are
revised in Column (7) by adding Special
Provision TP13:
UN2987 Chlorosilanes, corrosive,
n.o.s.
UN1781 Hexadecyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1818 Silicon tetrachloride
We consider Portable tank 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.
For enhanced safety and consistency
with international regulations, the
following entries are 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 liftup 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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
release of chlorosilanes from these
packagings. To address these concerns,
we are prohibiting the use of metal IBCs
by removing the respective Special
Provisions IB1 or Special Provision IB2
provisions from the following entries.
We are also adding 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
Portable tank 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 revising the following
entries by replacing Special Provision
T7 with Special Provision T10. Special
Provision T10 prohibits the use of
bottom discharge openings. We are also
deleting the respective IBC Special
Provisions IB1 or IB2 to prohibit the use
of metal IBCs and adding 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 applying
Special Provision T10, to prohibit
bottom discharge openings on portable
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 Special Provision T10, we are
adopting the general assignment of
Special Provision T14 rather than
Special Provision 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
revising 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 are 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 are classed as Class 3,
subsidiary Class 8, PG II materials. In
addition, as discussed above, we are
replacing Special Provision T7 with
Special Provision T10 for most
chlorosilanes, however, for these entries
Special Provision T10 replaces the
previously assigned Special Provision
T11. The entries are 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 replacing Special
Provision T7 with Special Provision
T10, which prohibits bottom discharge
openings. In addition, we are revising
the following entries by replacing
Special Provision T11 with Special
Provision T14 which also prohibits
bottom discharge openings in portable
tanks:
UN2986 Chlorosilanes, corrosive,
flammable, n.o.s.
PO 00000
Frm 00015
Fmt 4701
Sfmt 4700
2213
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 prohibiting 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
are assigning Portable tank Special
Provision TP27 to all ‘‘n.o.s.’’ entries of
Classes 3, 8 and Division 6.1. Entries for
Division 4.3 are assigned Special
Provision TP27 because of higher risk of
a possible release of a flammable gas.
The following entries are 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 are revised by
adding Special Provision IP2 to correct
an inconsistency. When a hazardous
material is assigned Special Provision
IP2, the material must be offered for
transportation in a closed freight
container or a closed transport vehicle.
‘‘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 Special Provision IB8 but not
Special Provision IP2. For consistency
in the assignment of Special Provision
IP2, the following entries are 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
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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2214
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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
in the special provision are inconsistent
with the net quantity packaging limits
authorized under the limited quantities
exceptions for these materials in
§§ 173.150 and 173.153 of the HMR.
Therefore, the following entries are
revised in Column (7) by removing
Special Provision 36:
UN3248 Medicine, liquid, flammable,
toxic, n.o.s.
UN1851 Medicine, liquid, toxic, n.o.s.
UN3249 Medicine, solid, toxic, n.o.s.
Chemical oxygen generators are
subject to stringent packaging and
shipping requirements. We are adding 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 Oxidizing liquid, corrosive,
n.o.s.
UN3139 Oxidizing liquid, n.o.s.
UN3099 Oxidizing liquid, toxic, n.o.s.
UN3085 Oxidizing solid, corrosive,
n.o.s.
UN3137 Oxidizing solid, flammable,
n.o.s.
UN1479 Oxidizing solid, n.o.s.
UN3100 Oxidizing solid, self-heating,
n.o.s.
UN3087 Oxidizing solid, toxic, n.o.s.
UN3121 Oxidizing solid, waterreactive, n.o.s.
The following entries are revised by
adding a reference to packaging section
‘‘307’’ to Column (8A) for consistency
with international regulations regarding
exception from the requirements for
manufactured articles and apparatuses
containing minimal amounts of inert
gas. See the discussion under § 173.307
in this section of the rulemaking for
additional information regarding this
change.
UN1006 Argon, compressed
UN1046 Helium, compressed
UN1970 Krypton, compressed
UN1065 Neon, compressed
UN2036 Xenon, compressed
The entry ‘‘Amines, flammable,
corrosive, n.o.s. or Polyamines,
flammable, corrosive, n.o.s.,’’ UN2733 is
revised to include the PG II and PG III
entries in proper order to correct
inadvertent assignment of the entries to
UN2734. This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The entry ‘‘Amines, liquid, corrosive,
flammable n.o.s. or Polyamines, liquid
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
corrosive, flammable n.o.s.,’’ UN2734 is
revised to include a comma after
flammable in both proper shipping
names and a comma between liquid and
corrosive in the second proper shipping
name in Column (2) and to remove the
PG II and PG III entries for ‘‘flammable,
corrosive’’ to correct inadvertent
assignment of these entries. This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The entry ‘‘Batteries, dry, containing
potassium hydroxide solid, electric
storage,’’ UN3028 is revised by adding
to Column (7) a reference to new Special
Provision 237.
The entries ‘‘Boron trifluoride,’’
UN1008 and ‘‘Hydrogen iodide,
anhydrous’’ UN2197 are 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 is 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 provision.
For consistency with UN
Recommendations, the entry
‘‘Chlorine,’’ UN1017 is 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 are 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 are
removed for clarification and
consistency with the same entries in the
UN Recommendations. This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The instruction for the entry
‘‘Cartridges, sporting, see Cartridges for
weapons, inert, porjectile, or Cartridges,
small arms’’ is revised in Column (2) by
correcting the misspelling of
‘‘projectile.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Corrosive, liquid, acidic,
inorganic, n.o.s.,’’ UN3264 is revised in
Column (2) by removing the comma
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
appearing between ‘‘corrosive’’ and
‘‘liquid’’ to read ‘‘Corrosive liquid,
acidic, inorganic, n.o.s.’’ This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The proper shipping name for the
entry ‘‘Dyes, liquid, corrosive, n.o.s., or
Dye intermediates, liquid, corrosive,
n.o.s.,’’ UN2801 is revised in Column (2)
by italicizing the ‘‘or’’ in the proper
shipping name. 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 are 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, there are a number of other
rapidly advancing fuel cell technologies
employing a range of fuels. In this final
rule, we are revising 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 are
adding four new proper shipping names
to the HMT to describe the range of fuel
used in fuel 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 is
added.
The proper shipping name for the
entry ‘‘Fuel cell cartridges, containing
flammable liquids,’’ UN3473 is 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.
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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 is
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 is
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 is
added.
The entry ‘‘Gasohol,’’ NA1203 is
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, is
revised in Column (7) by adding Special
Provision 177 and Special Provision
IB2. Special Provision 177 is added 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. Special Provision IB2 was
inadvertently removed under Docket
No. HM–213 (68 FR 52363; September
3, 2003).
The proper shipping name for the
entry ‘‘Hydrogen in a metal hydride
storage system,’’ UN3468 is revised in
Column (2) to read ‘‘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.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
A new entry ‘‘1Hydroxybenzotriazole, anhydrous, dry
or wetted with less than 20 percent
water, by mass,’’ UN0508 is added.
A new entry ‘‘1Hydroxybenzotriazole, anhydrous,
wetted with not less than 20 percent
water, by mass,’’ UN3474 is added. One
commenter [AHS] requests that PHMSA
revise this entry to reflect the modified
entry agreed upon by a recent UN SubCommittee meeting. The modified entry,
‘‘1-Hydroxybenzotriazole,
monohydrate,’’ UN3474 would also
have Special Provision 162 deleted from
the entry. AHS notes that, ‘‘* * * The
U.S. supported this change and * * *
was instrumental in getting the
modification accepted’’ by the UN
Subcommittee. AHS also indicates the
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
modified entry is, ‘‘* * * a more
accurate description of this material.’’
Additionally, the commenter requests
that PHMSA add the modified entry in
the same manner as the addition of the
new entry ‘‘Powder, smokeless,’’
UN0509, where the entry has a ‘‘D’’ in
Column (1) indicating it is appropriate
for domestic transport but may not be
appropriate for international commerce.
[The rationale for including ‘‘D’’ in
Column (1) for the entry ‘‘Powder,
smokeless,’’ UN0509 is explained in
greater detail in the discussion of
changes to § 173.62 in this section of the
rulemaking.] Because the modified entry
for UN3474 was not proposed in the
NPRM, the request to include the
modified version of the entry in the
HMT (including the deletion of Special
Provision 162 from the entry) is beyond
the scope of this rulemaking. However,
we will treat the commenter’s remarks
as a petition for rulemaking and
consider the request for the modified
hazardous materials description for
inclusion in the HMT in a future
rulemaking. No other comments
opposing this proposal to add this entry
were received; therefore, in this final
rule, we are adopting the proposal
without change. This appears as an
‘‘Add’’ in this rulemaking.
The entry ‘‘Hypochlorite solutions,’’
UN1791 is 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 is revised in Column (7) by
adding a new Special Provision 332.
Special Provision 332 specifies that
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 is 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
is also revised in Column (7) by adding
Special Provision IP15, and in Column
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
2215
(10B) by removing vessel stowage codes
‘‘44,’’ ‘‘110,’’ and ‘‘111,’’ and adding
‘‘74.’’ 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 is 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
nitric acid,’’ UN2031, PG II is 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 I, PG II and PG III is 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 instruction for the entry ‘‘2,5Norbornadiene, stabilized, see Bicyclo
2,2,1 hepta-2,5-diene, stabilized’’ is
revised in Column (2) by enclosing
‘‘2,2,1’’ in brackets to denote the correct
spelling and to be consistent with the
proper shipping name entry ‘‘Bicyclo
[2,2,1] hepta-2,5-diene, stabilized or 2,5Norbornadiene, stabilized,’’ UN2251.
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The entry ‘‘Organometallic substance,
liquid, water-reactive, flammable,’’
UN3399, PG I and PG II, is 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
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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2216
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
the ventilation openings. This 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 roro spaces under the IMDG Code.
The entry ‘‘Organometallic substance,
solid, water-reactive,’’ UN3395 is
revised to include the letter ‘‘G’’ in
Column (1) to correct an inadvertent
omission.
The entry ‘‘Organometallic substance,
solid, water-reactive,’’ UN3395 is
revised by adding the letter ‘‘G’’ in
Column (1) to correct an inadvertent
omission.
The entry ‘‘Organophosphorus
compound, toxic, flammable, n.o.s,’’
UN3279 is revised by adding the letter
‘‘G’’ in Column (1) to correct an
inadvertent omission.
The proper shipping name for the
entry ‘‘Pentaerythrite tetranitrate
mixture, desensitized, solid, n.o.s.,’’
UN3344 is 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 is revised in
Column (7) by adding Special
Provisions IP2 and IP4 for 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 siftproof and water-resistant or be fitted
with a sift-proof or water-resistant liner,
respectively.
The entries ‘‘Potassium persulfate,’’
UN1492 and ‘‘Sodium persulfate,’’
UN1505, are revised in Column (10B) by
removing vessel stowage code ‘‘56’’ and
adding ‘‘145.’’
A new entry ‘‘Powder, smokeless,’’
UN0509, is added. A discussion of
changes to § 173.62 in this section of the
rulemaking provides an explanation of
the addition of this entry.
The proper shipping name for the
entry ‘‘Receptacles, small, containing a
gas (gas cartridges) non-flammable
without release device, not refillable
and not exceeding 1 L capacity,’’
UN2037, 2.2 (5.1) is revised in Column
(2) by correcting the word ‘‘agas’’ to read
‘‘gas.’’ Additionally, to harmonize this
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
proper shipping name and punctuation
with international regulations and
standards, the word ‘‘non-flammable’’ is
revised to read ‘‘oxidizing’’ and
enclosed in parentheses, the word ‘‘or’’
is added and italicized before the words
‘‘gas cartridges,’’ and the parentheses
enclosing the words ‘‘gas cartridges’’ are
removed. The proper shipping name is
corrected to read ‘‘Receptacles, small,
containing gas or gas cartridges
(oxidizing) without release device, not
refillable and not exceeding 1 L
capacity.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Receptacles, small, containing
gas (gas cartridges) flammable without
release device, not refillable and not
exceeding 1 L capacity,’’ UN2037, 2.1 is
revised in Column (2) to harmonize
proper shipping name with
international regulations and standards.
The parentheses enclosing ‘‘gas
cartridges’’ are removed and the word
‘‘flammable’’ is enclosed in parentheses.
Additionally, the word ‘‘or’’ is added
and italicized before the words ‘‘gas
cartridges.’’ The proper shipping name
is corrected to read ‘‘Receptacles, small,
containing gas or gas cartridges
(flammable) without release device, not
refillable and not exceeding 1 L
capacity.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Receptacles, small, containing
gas (gas cartridges) non-flammable
without release device, not refillable
and not exceeding 1 L capacity,’’
UN2037, 2.2 is revised in Column (2) to
harmonize proper shipping name with
international regulations and standards.
The parentheses enclosing ‘‘gas
cartridges’’ are removed and the word
‘‘non-flammable’’ is enclosed in
parentheses. Additionally, the word
‘‘or’’ is added and italicized before the
words ‘‘gas cartridges.’’ The proper
shipping name is corrected to read
‘‘Receptacles, small, containing gas or
gas cartridges (non-flammable) without
release device, not refillable and not
exceeding 1 L capacity.’’ This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The proper shipping name for the
entry ‘‘Regulated medical waste, n.o.s.
or Clinical waste, unspecified, n.o.s. or
(BIO) Medical waste, n.o.s.,’’ UN3291 is
revised in Column (2) to include
‘‘Biomedical waste, n.o.s.’’ and
‘‘Medical waste, n.o.s.’’ to clarify that
these names may also be used under the
HMR and to harmonize the proper
shipping names for regulated medical
waste with those prescribed in
international regulations. This revision
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The proper shipping names for
several ‘‘Self-heating solid’’ materials,
specifically UN3088, UN3126, UN3127,
UN3128, are revised in Column (2) to
remove a comma following the word
‘‘Self-heating.’’ These revisions appear
as ‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Trinitrophenol, wetted,’’ UN1344
is 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 is 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 is added.
A new entry ‘‘Signals, distress, ship,’’
UN0506 is added.
A new entry ‘‘Signals, smoke,’’
UN0507 is added.
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 are adding 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 are revised in Column
(7) as follows:
The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG I, is
revised by adding Special Provisions
T14, TP2, and TP7.
The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG II, is
revised by adding Special Provisions
T11 and TP2.
The entry ‘‘Water-reactive liquid,
corrosive, n.o.s.,’’ UN3129, PG III, is
revised by adding Special Provisions T7
and TP1.
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG I, is revised by
adding Special Provisions T9, TP2, and
TP7.
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG II, is revised by
adding Special Provisions T7 and TP2.
The entry ‘‘Water-reactive liquid,
n.o.s.,’’ UN3148, PG III, is revised by
adding Special Provisions T7 and TP1.
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
The entry ‘‘Water-reactive solid,
corrosive, n.o.s,’’ UN3131, PG I, is
revised by adding Special Provisions
T9, TP7, and TP33.
The entry ‘‘Water-reactive solid,
n.o.s.,’’ UN2813, PG I, is revised by
adding Special Provisions T9, TP7, and
TP33.
The proper shipping name for the
entry ‘‘Xenon,’’ UN2036, is 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.
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
the NPRM, we proposed to amend the
introductory text and the List of Marine
Pollutants to add an allowance for the
use of the GHS-based classification
criteria for materials toxic to the aquatic
environment (marine pollutants)
contained in the IMDG Code.
We received several comments
[CPTD, COSTHA, DGAC, Deeds,
VOHMA] supporting our proposal to
maintain the current regulatory
approach to facilitate transportation
without mandating use of the new GHSbased criteria for determination of a
marine pollutant. COSTHA ‘‘* * *
supports PHMSA’s decision not to
adopt the new IMDG classification
criteria for Marine Pollutants and not to
remove Appendix B from the 172.101.’’
CPTD indicates, ‘‘* * * this new
classification system is unnecessarily
complicated, and * * * would involve
an additional layer of complexity
without a corresponding public
benefit.’’ Deeds recommends that if we
maintain the differentiation between
marine pollutants and severe marine
pollutants in the List of Marine
Pollutants, then PHMSA should adopt
the GHS-based criteria in the IMDG
Code as the basis for determining
whether a marine pollutant is a severe
marine pollutant. We disagree. Using
the GHS-based criteria to determine a
severe marine pollutant runs counter to
our proposal not to mandate the use of
such criteria. Therefore, for these
reasons, in this final rule, we are
adopting the amendment as proposed.
We also proposed to remove a number
of entries that no longer meet the
criteria for a marine pollutant. These
entries were inadvertently retained in a
rulemaking under Docket HM–215D (66
FR 33316; June 21, 2001 and 67 FR
15743; April 3, 2002). We did not
receive any comments opposing the
removal of these entries and, therefore,
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
are removing the following entries from
the List of Marine Pollutants: ‘‘5-Ethyl2-picoline,’’ ‘‘Ethyl propenoate,
inhibited,’’ ‘‘Isopropenylbenzene,’’ and
‘‘2-Phenylpropene.’’
One commenter [CPTD] requests that
we remove an additional entry (low
aromatic mineral spirit (white spirit,
low 15–20%)) from the List of Marine
Pollutants in Appendix B to § 172.101
because it would not meet the criteria
for a marine pollutant using the IMDG
Code. The removal of additional entries
from the List of Marine Pollutants in
Appendix B to § 172.101 is beyond the
scope of this rulemaking. We did not
propose to remove entries other than
those being removed as a correction to
an oversight from the HM–215D
rulemaking, nor did we request
comments on entries based on use of the
GHS-based classification criteria in the
IMDG Code that should be removed.
However, we encourage the commenter
to petition PHMSA to remove the entry
with data demonstrating that the
material would not meet the criteria
under the IMDG Code or to apply for
approval to have the material excepted
as a marine pollutant in accordance
with paragraph 5 of the introduction to
Appendix B of § 172.101.
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. Unless otherwise noted, we
received no comments opposing these
proposals; therefore, in this final rule,
we are adopting these proposals without
change.
For consistency with international
regulations, we are amending § 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
in §§ 173.150 and 173.153 of the HMR.
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
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
2217
limits per package in Special Provision
36 and the limits outlined in the limited
quantity exceptions. Therefore, to
resolve this inconsistency, we are
removing Special Provision 36.
Special Provision 137 specifies
conditions for exception from the HMR
for certain types of vegetable fibers. We
are revising this 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 revising the special provision by
adding 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
revising 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) that were
currently in the HMT. 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 removing the
remaining specific Organometallic
entries for consistency with the original
intent of HM–215G to remove the
entries by January 1, 2007. In addition,
we are removing Special Provision 173.
Special Provision 173 provides the
option to use an appropriate generic
entry listed in the HMT to describe a
specific Organometallic material and
was only assigned to those
Organometallic materials. Because new
generic entries have been added to the
HMT this special provision only applies
to the rulemaking entries that are to be
removed, this special provision has
become 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.
Currently, we assign Special Provision
177 to the entry ‘‘Ethanol and gasoline
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2218
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mixture or ethanol and motor spirit
mixture or ethanol and petrol mixture,’’
UN3475. In the NPRM, we proposed to
revise Special Provision 177 to specify
its application to both gasoline and
ethanol/gas mixtures for consistency
with UN Recommendations that assign
similar provisions to gasoline and
mixtures of ethanol and gasoline. One
commenter [American Trucking
Associations] suggests that the language
in Special Provision 177 is confusing in
that, as written, Special Provision 177
requires that ‘‘gasoline or ethanol and
gasoline mixtures must be assigned to
this entry regardless of variations in
volatility,’’ indicating assignment to a
single entry when the special provision
is actually assigned to multiple entries.
We agree. Therefore, in this final rule,
we are revising Special Provision 177 to
read ‘‘gasoline or ethanol and gasoline
mixtures must be assigned to Packing
Group II regardless of variations in
volatility.’’
Special Provision 188 specifies
conditions for exception from the HMR
for small lithium cells and batteries. We
are revising the special provision to
require the reporting of incidents that
occur as a direct result of a fire, violent
rupture, explosion, or a dangerous
evolution of heat.
Special Provision 189 specifies
conditions for exception from the HMR
for medium lithium cells and batteries.
We are revising the special provision to
require the reporting of incidents that
occur as a direct result of a fire, violent
rupture, explosion, or a dangerous
evolution of heat.
A new Special Provision 198 is being
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 is being
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) and for
transportation by aircraft,
§ 173.159(b)(2).
A new Special Provision 332 is added
to specify magnesium nitrate
hexahydrate is not subject to the HMR.
A new Special Provision 335 is added
to clarify proper classification of
mixtures of solids which are not 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.
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
A new Special Provision IP15 is
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.
Special Provision N82 references
§ 173.306 for classification criteria for
flammable aerosols. However,
classification criteria for flammable
aerosols are found in § 173.115,
specifically, in paragraph (k). Special
Provision N82 is revised to reference
§ 173.115.
A new Special Provision N90 is 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 is 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 are deleting
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, in the
NPRM, we proposed to harmonize with
the UN Recommendations by making an
appropriate revision to § 172.202(a)(3) 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.
One commenter [Omni] supports the
proposal to amend § 172.202(a)(3) to
specify that the subsidiary hazard class
or division number is not required to be
entered when the corresponding
subsidiary hazard label is not required.
Another commenter [Arkema] requests
that we revise § 172.202(a)(3) to clarify
that the subsidiary hazard must be
entered on shipping papers
corresponding to the additional
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
subsidiary labeling required by
§ 172.402(a)(2), even though the
subsidiary hazard is not indicated in
Column (6) of the HMT in association
with a hazardous material description.
The commenter notes that ‘‘* * *
enforcement personnel take exception to
the fact that we identify subsidiary
hazards on the shipping papers for some
of our materials when a named material
does not list a subsidiary in the 172.101
table.’’
We do not believe that a revision to
§ 172.202(a)(3) is necessary for
clarification of the requirements as
requested by Arkema. Paragraph (a)(3)
of this section clearly states that the
subsidiary hazard class(es) and division
number(s) must be entered in
parentheses immediately following the
primary hazard class or division number
regardless of whether the subsidiary
hazard(s) is listed in Column (6) of the
HMT. Therefore, in this final rule, we
are adopting the revisions to
§ 172.202(a)(3) as proposed.
We are also revising paragraph (a)(4)
to clarify that the packing group is not
required to be indicated on a shipping
paper for explosives, self-reactive
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 are revising paragraph
(a)(6) to clarify that for all articles where
‘‘No Limit’’ is shown in Column (9A) or
(9B) of the HMT, the quantity must be
the gross mass, followed by the letter
‘‘G.’’ We received no comments
opposing these proposals; therefore, in
this final rule, we are revising paragraph
(c) to include a similar exception.
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 final rule, we are
adopting the new marking for marine
pollutants that has been incorporated
into the IMDG Code.
We received one comment [DGAC]
indicating a difference between our
proposal and the UN Recommendations
regarding types of packaging for which
the marine pollutant marking is not
required. DGAC notes, ‘‘* * * [t]he
proposal is to except combination
packagings whereas the [UN
Recommendations] excepts all
packagings with a capacity of 5 L or 5
kg.’’
We agree with DGAC that the
exception applies to both single and
combination packagings containing
marine pollutants. Therefore, in this
final rule, we are revising the
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
amendment to state that for packages
containing marine pollutants, the
marine pollutant mark is not required
on single packagings or combinations
packagings with a net capacity of 5 L or
less for liquids or 5 kg or less for solids.
We are requiring use of this new
marking one year after publication of
the final rule.
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.
mstockstill on PROD1PC66 with RULES3
Section 172.401
Section 172.401 establishes specific
requirements for prohibited labeling.
We received a petition (P–1494) from
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 U.S. 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
bordered diamond with a hazard symbol
such as a ‘‘flame’’ or a ‘‘skull and cross
bones.’’ DGAC expects these GHS
pictograms to be smaller in size than the
transport labels required under the HMR
and international regulations.
We received no comments on our
proposal to permit use of the GHS
pictograms. Therefore, in this final rule,
we are amending § 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 final rule,
we are revising 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, we are replacing 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 are authorizing
continued use of the current label until
January 1, 2013.
Part 173
Section 173.4, 173.4a, 173.4b
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
to be transported with minimal
regulation, but ensure a high level of
safety through stringent packaging and
testing requirements.
The excepted quantity provisions in
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
PO 00000
Frm 00021
Fmt 4701
Sfmt 4700
2219
and facilitate international
transportation, we are adopting a new
excepted quantity provision for
transportation by aircraft and vessel into
a new § 173.4a. We stress that we are
not removing the existing small quantity
provisions in 173.4, but rather limiting
the use of these provisions to domestic
highway and rail transportation. We
also are moving 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 will
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. However in
this final rule we are not applying the
full training requirements of Part 172
Subpart H to excepted quantities.
Instead we are requiring that persons
who offer or transport excepted
quantities be familiar with the
requirements of 173.4a. Small quantity
exceptions are 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 the NPRM, we solicited comments
regarding the potential for confusion
and any cost impacts resulting from this
change. One commenter [DGAC]
indicates the proposed method is
complex and unduly restrictive. DGAC
notes, ‘‘* * * that for the most part the
excepted quantity requirements mirror
the existing requirements in § 173.4(a)’’
and ‘‘* * * [f]urther, the proposal is
disruptive to multimodal consistency
with one set of requirements * * *
applicable to land transport and the
other applicable to air and sea
transport.’’ Additionally, DGAC
indicates that the new § 173.4a is more
restrictive that current § 173.4 and sees
no safety basis for imposing these
additional restrictions. DGAC
recommends against incorporating the
excepted quantities directly into the
HMR but rather to allow domestic
transport of excepted quantities under
the ICAO TI or IMDG Code in
accordance with authorizations
provided in Subchapter C of Part 171
and recommends revising § 173.4(a)(10)
by adding an alternative to allow
transport of small quantities of
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2220
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
hazardous materials in accordance with
excepted quantities provisions in the
ICAO TI.
Another commenter [API] notes that
Special Provision A59 continues to
reference § 173.4 even though the
section is no longer applicable to
transport by aircraft. Special Provision
A59 allows devices containing ethylene
oxide to be transported by aircraft in
accordance with packaging provisions
in § 173.4. API recommends PHMSA
revise the language in Special Provision
A59 to reference new § 173.4a for
excepted quantities which is applicable
to air transport. API notes this would be
consistent with ICAO TI Special
Provision 131 which allows devices
containing ethylene oxide to be
transported in accordance with
‘‘excepted quantities’’ provisions. We
agree. In this final rule, we are revising
Special Provision A59 to reference the
excepted quantities packaging
requirements in § 173.4a. We are also
making several additional conforming
amendments to other provisions in the
HMR to reflect the new § 173.4a. The
sections we are revising are as follows:
—§ 172.102, Special Provisions 136,
A59, A60;
—§ 172.402(d)(1);
—§ 172.500(b)(5);
—§ 173.24(c)(2); and
—§ 175.700(a).
Finally, UPS is concerned that the
one-year transition period prior to
prohibiting the air transport of packages
of small quantities in conformance with
§ 173.4 is insufficient. UPS indicates,
‘‘* * * This will be a very hard
transition for air carriers to enforce, as
the current package marking for a Small
Quantity shipment * * * does not stand
out, and therefore cannot easily be
identified and rejected by package
handlers.’’ UPS adds that it anticipates
shippers will continue to transport
small quantities domestically by air
according to current § 173.4 beyond the
transition date after which shippers
would be required to conform with
§ 173.4a. UPS recommends that PHMSA
allow the air transport of small
quantities in conformance with § 173.4
for a period of several years to allow for
transport of packages filled prior to the
January 1, 2009 effective date until they
are used up. We disagree. The current
provisions of § 173.4 require a marking
certifying conformance with the section.
This certification requirement signifies
knowledge of the requirements of the
section even though training is not
prescribed. We expect shippers
benefiting from the exceptions provided
in § 173.4 to take steps to ensure
awareness of any changes that may be
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
made to the requirements of the section
and to respond accordingly, just as we
would expect air carriers to be diligent
in their acceptance practices with regard
to small quantities prepared under
§ 173.4 even though training is not
required. We believe a one-year
transition period is sufficient for air
shippers and air carriers to make
necessary changes and conform to the
revised requirements of § 173.4.
Therefore, in this final rule, we are not
revising the transition date for small
quantities transported in accordance
§ 173.4. However, we are revising the
certification marking in § 173.4(a)(10) to
communicate that the packages
prepared in conformance with the
section may only be transported
domestically by highway or rail. Also, to
further clarify, where domestic transport
by highway or rail is impractical,
materials must be transported in
conformance with the requirements for
excepted quantities in § 173.4a.
Two commenters [DGAC, FCC]
express disappointment that we did not
include fuel cell cartridges as part of the
small quantity exceptions in § 173.4.
FCC notes, ‘‘* * * We see no safety
basis for precluding use of the small
quantity exception provision for fuel
cells * * *’’ Both DGAC and FCC
recommend not adopting this
amendment. While we considered
extending the allowance for fuel cell
cartridges to the excepted quantity
provisions this would create a confusing
inconsistency with the ICAO TI. Fuel
cell cartridges by design offer a high
degree of integrity and may contain a
relatively small amount of hazardous
material. Therefore, we believe the
relative hazard associated with surface
transportation of these materials is
minimal. In this final rule we will
permit fuel cell cartridges to be
transported by highway or rail in
accordance with the small quantity
exceptions in § 173.4.
One commenter [UPS] notes a
concern that packages of materials
shipped as de minimus quantities could
be misunderstood as undeclared
shipments by carriers processing
damaged or stray packages. UPS
recommends that PHMSA require a
marking on the package to certify
conformance with the de minimus
exceptions section. We disagree. Based
on our determination that de minimus
materials do not pose an unreasonable
risk to health and safety or property, we
do not believe a hazard communication
marking is necessary. Therefore, in this
final rule, we are adopting the new
§ 173.4b as proposed.
PO 00000
Frm 00022
Fmt 4701
Sfmt 4700
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 materials (infectious
substances). Under the Docket HM–
218D final rule, we 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. One commenter
[Regulatory Resources Inc.] expresses
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 revising 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 final rule, we are
adding a new paragraph to clarify that
IBCs and Large Packagings that are not
designed and tested for stacking may
not be stacked during transportation. In
addition, we are clarifying 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, in the § 172.101
HMT and add the new entry to the
explosives assigned Packaging
Instruction 114(b) in § 173.62. In its
petition, SAAMI states that the UN SubCommittee of Experts (UNSCOE) on the
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
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
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 amending
§ 173.62 to include a new entry UN0509
to the Explosives Table, which specifies
the Packing Instruction assigned to each
explosive, and adding a reference to the
new entry in Packing Instruction 114(b).
We also are including a ‘‘D’’ in column
1 of the table entry to designate 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. 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
addition 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 are
revising this instruction to specify that,
for UN0508, inner packagings are not
required if drums are used as the outer
packaging. We also are adding a new
sentence under Packing instruction
114(b) to prohibit metal packagings for
UN0508. In addition, we are clarifying
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° (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 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 200 kPa gauge (29 psig).
In order to enhance safety and to
maintain global uniformity with respect
to the classification of Division 2.2
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
gases, we are adopting these
amendments. With respect to the
revised pressure limit, for the
convenience of the reader the pressure
is now expressed as both gauge pressure
and absolute pressure. In order to
enhance safety and to maintain global
uniformity with respect to the
classification of Division 2.2 gases, we
are adopting these amendments.
Additionally, we are re-designating
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 requires the
use of specific test and calculation
methods for a more accurate
determination of the oxidizing ability of
Division 2.2 gases. Additionally, we are
revising § 171.7 to incorporate these ISO
standards.
Section 173.137
Section 173.137 establishes packing
group criteria for corrosive (Class 8)
materials. In this final rule, we are
adding 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, and 173.307
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 articles containing
not more than 100 mg of mercury,
gallium or an inert gas, which are
excepted if certain conditions specified
in Special Provision A69 of the ICAO TI
are met. Frequently, the ICAO TI
contain 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. To
enable air carriers to ascertain that a
shipment conforms to applicable
requirements, in the July NPRM, we
proposed to adopt a number of
amendments consistent with recently
adopted amendments in the ICAO TI.
PO 00000
Frm 00023
Fmt 4701
Sfmt 4700
2221
Specifically we proposed to require the
shipper to include on the air waybill
accompanying a shipment an indication
that a hazardous material or article has
met the applicable conditions for
transport. We stated that this indication
would allow freight forwarders and
operators to verify that the shipper is
aware of, and has complied with, the
applicable regulatory requirements.
Additionally, we stated that it would
reduce the likelihood of unnecessary
carrier delays through improved
communication.
As discussed earlier in this preamble,
a number of commenters oppose this
proposal. For example, commenters
oppose the certification provisions
because the HMR do not specifically
require an air waybill and express
concern that the proposed certification
requirement means that all air
shipments must now be accompanied
by a waybill. Commenters also note that
use of an air waybill is not standard
across the air carrier industry, and that
the industry is moving towards a
paperless system for shipments. In
addition, commenters state that in many
cases the carrier or the freight forwarder
prepares the air waybill; these
commenters thus disagree with
PHMSA’s premise that including
certification on an air waybill allows a
carrier or freight forwarder to verify that
the shipper has complied with
applicable requirements. Commenters
also suggest that we significantly underestimated the paperwork burden that
would result from implementation of
the proposed certification requirement.
Based on our review of comments and
on past history of safe transportation of
these excepted materials, in this final
rule, we are not adopting the
requirement as proposed. We will
continue to review the merits of the
proposal and may reconsider the
proposed amendments or a similar
revised amendment for a future
rulemaking.
Section 173.168
Section 173.168 establishes the
requirements for the transportation of
chemical oxygen generators. A chemical
oxygen generator that is transported
with a means of initiation attached must
be approved prior to shipment. This
approval requirement applies to
chemical oxygen generators with either
an explosive or non-explosive means of
initiation attached. As currently drafted,
it appears that the requirement to obtain
an approval applies only to oxygen
generators with an explosive means of
initiation. In this final rule, we are
revising paragraph (a) to clarify the
E:\FR\FM\14JAR3.SGM
14JAR3
2222
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
approval requirements for a chemical
oxygen generator.
Section 173.196
Section 173.196 establishes packaging
requirements for Category A infectious
substances. In this final rule, we are
revising 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.
mstockstill on PROD1PC66 with RULES3
Section 173.206
In this final rule, we are adding 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
addition of new packaging § 173.206 are
as follows:
UN1724 Allyltrichlorosilane,
stabilized
UN1728 Amyltrichorosilane
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 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 revising this section
to prohibit Division 2.2 gases with
subsidiary risks and refrigerated
liquefied gases for transportation by
aircraft as dangerous goods in
machinery or apparatus.
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 final rule,
we are amending 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’’ indicates that specific entries are
not subject to the requirements of this
subchapter for Division 5.2. New Notes
‘‘30’’ and ‘‘31’’ 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 adding
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
new entries to the Organic Peroxide IBC
Table in paragraph (e) of this section.
The following entries in the Organic
Peroxides Table are being amended:
UN3101 tert-Amyl peroxy-3,5,5trimethylhexanoate
UN3117 Di-(2-ethylhexyl)
peroxydicarbonate [as a stable
dispersion in water]
The following entries are 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-tertbutylperoxyisopropyl) benzene(s)
UN3103 1,1-Di-(tert-butylperoxy)3,3,5-trimethylcyclohexane
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’’ is added following
the Organic Peroxides Table to read:
‘‘Diluent type B with boiling point > 130
°C (266 °F).’’
A new ‘‘Note ‘‘31’’ is added following
the Organic Peroxides Table to read:
‘‘Active oxygen ≤ 6.7%.’’
The following entries are being
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
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
UN3119 tert-Amyl peroxypivalate, not
more than 32% in diluent type A
UN3119 tert-Butyl
peroxyneodecanoate, not more than
52%, stable dispersion, in water
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
In addition, in the Organic Peroxide
Portable Tank Table, UN3119 ‘‘Di-(3,5,5trimethyl-hexanoyl) peroxide, not more
than 38% in diluent type A’’ is being
revised, and UN3119 ‘‘tert-Amyl
peroxyneodecanoate, not more than
47% in diluent type A’’ is being added
as a new entry.
mstockstill on PROD1PC66 with RULES3
Section 173.226
Section 173.226 establishes non-bulk
packaging requirements for Division 6.1
PG I, Hazard Zone A materials. In this
final rule, we are editorially revising
paragraph (c) to enhance accuracy,
reduce misunderstanding, and provide a
more user-friendly format.
Section 173.230
Currently § 173.230 provides
regulations for the transportation of fuel
cell cartridges containing flammable
liquids. As portable electronic devices
continue to evolve, developers of fuel
cell cartridge technologies are
considering various types of fuel
sources to meet increasing power
demands. Provisions addressing these
other fuel types have already been
adopted in the Fifteenth revised edition
of the UN Recommendations, the ICAO
Technical Instructions and the IMDG
Code. Additionally, we received
petitions from HMT, 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 several of PHMSA’s
strategic goals of ensuring safety and
advancing technology solutions to
support energy independence and
environmental protection, we are
adding four new proper shipping names
to the HMT to describe the range of fuel
used in fuel cell cartridges: ‘‘Waterreactive substances,’’ UN3476;
‘‘Corrosive substances,’’ UN3477;
‘‘Liquefied flammable gas,’’ UN3478;
and ‘‘Hydrogen in metal hydride,’’
UN3479. These additions will provide
guidance for the safe transportation of
fuel cells and will introduce a greater
variety of technology into the global
marketplace.
The type of hazard would not be
included in the proper shipping name
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 hazardous materials of
different hazard classes, we are revising
§ 173.230 to provide a comprehensive
section to address the requirements for
all fuel cell cartridges containing
hazardous materials as fuel. In addition,
consistent with the ICAO Technical
Instructions, in § 175.10, we are
expanding the types of fuel cell
cartridges permitted in carry-on baggage
by airline passengers and crew members
to include water-reactive substances and
hydrogen in a metal hydride. Fuel cell
cartridges permitted for transport by
passengers and crew members must
continue to conform to certain rigorous
performance criteria outlined in
§ 175.10.
One commenter [HMT] requests that
we adopt the definition of fuel cell
cartridge or fuel cartridge provided in
the Fifteenth edition of the UN Model
Regulations. The commenter notes that
the current definition for fuel cell
cartridge or fuel cartridge adopted in a
separate final rule (Docket No. HM–243;
73 FR 23362; April 30, 2008) does not
align with the definition provided in the
UN Model Regulations. The commenter
further states that the definition
currently provided in § 171.8 would
limit fuel cells to those for micro power
units and would prohibit fuel cells from
being refilled by the user. The
commenter states that most hydrogen in
metal hydride fuel cell cartridges are
intended to be filled by the user and
fuel cell cartridges intended for military
and industrial applications would be
excluded from the current definition of
fuel cell cartridge or fuel cartridge.
We agree with the commenter. The
definition in the Fifteenth edition of the
UN Recommendations provides an
adequate definition of fuel cell
cartridges and addresses the various
applications of this technology.
Therefore, in this final rule we are
revising the definition in § 171.8 for fuel
cell cartridge or fuel cartridge consistent
with the definition provided in the
Fifteenth edition of the UN
Recommendations.
Two commenters [HMT, FCC] request
that we remove the phrase ‘‘be free of
electric charge generating components’’
from the last sentence of paragraph (a).
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
2223
The commenters correctly note this
phrase was removed from the Fifteenth
edition of the UN Recommendations
when provisions for fuel cell cartridges
were expanded to fuels other than
flammable liquids. HMT suggests the
meaning of the requirement is unclear
and appears to have little relevance to
fuel cell cartridges containing nonflammable fuels. We agree with the
commenters. The regulations pertaining
to fuel cell cartridges should be clear,
enforceable and consistent with
international standards to the extent
possible. Therefore, in this final rule we
are removing the phrase ‘‘be free of
electric charge generating components’’
from paragraph (a).
Paragraph (d) outlines additional
requirements and tests for fuel cell
cartridges containing hydrogen in a
metal hydride. HMT suggests several
editorial revisions to the proposed
language in paragraph (d) for
consistency with the Fifteenth edition of
the UN Recommendations. We agree;
these are minor revisions and will
provide greater clarity to the
regulations. Specifically, in this final
rule we are clearly distinguishing
between design qualification tests and
production tests and correcting various
figures and units of measure.
Paragraph (e) describes the various
package configurations authorized for
the transport of fuel cell cartridges. One
commenter [FCC] suggests several
revisions to this paragraph for
consistency with the UN
Recommendations and the ICAO
Technical Instructions. We agree with
the commenter and in this final rule we
are revising paragraph (e)(2) to be
consistent with the UN
Recommendations and the ICAO
Technical Instructions.
Paragraph (f) outlines additional
requirements for the transportation of
fuel cell cartridges by aircraft. HMT and
FCC note that the proposed paragraph
(f)(3) is inconsistent with the ICAO
Technical Instructions and request we
clarify our intent to only require fuel
cell cartridges and fuel cell systems to
comply with IEC PAS 62282–6–1 Ed. 1
when contained in equipment. We agree
with the commenters and are revising
this paragraph consistent with the
2009–2010 edition of the ICAO
Technical Instructions.
Paragraphs (f)(4) and (f)(5) apply to
fuel cells cartridges packed with
equipment. One commenter, [HMT]
requests we combine paragraphs (f)(4)
and (f)(5) for clarity since both
paragraphs apply to fuel cells cartridges
packed with equipment. While we agree
with the commenter, we do not see a
reason to restate requirements in
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2224
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
paragraph (f)(4) that are already stated
in paragraph (e)(2)(i). In this final rule
we are deleting the proposed paragraph
(f)(4) and the proposed (f)(5) is now
(f)(4). In addition, we are reordering the
remaining paragraphs appropriately.
The ICAO Technical Instructions
contain additional provisions applicable
to fuel cell cartridges containing
Division 4.3 and Class 8 material. This
provision restricts the mass of each fuel
cell cartridge to 1.0 kg (2.2 lbs.)
Although this requirement was not
proposed, it is our intention to
harmonize to the extent possible with
the ICAO Technical Instructions.
Therefore, in this final rule, we are
adding this requirement to paragraph
(f)(7) of this section.
Paragraph (f)(8) states fuel cell
cartridges intended for transport in
carry-on baggage must also meet the
applicable provisions of § 175.10. HMT
requests that we revise paragraph (f)(8)
to specify only the requirements of
paragraphs (a) through (d) apply in this
case since the additional requirements
of paragraphs (e) and (f) would preclude
a passenger from using a fuel cell while
on board an aircraft. We agree with the
commenter. The provisions outlined in
this section and § 175.10 are intended to
permit passengers to safely carry on and
use fuel cell cartridges consistent with
their intended use onboard aircraft. In
this final, rule we are revising paragraph
(f)(8) to specify fuel cell cartridges
carried by aircraft passengers or
crewmembers are subject to paragraphs
(a) through (d) of this section and the
applicable provisions of § 175.10.
Paragraph (g) provides limited
quantity exceptions for fuel cell
cartridges. In the NPRM, we proposed to
limit the amount of fuel permitted in the
fuel cell cartridge by limiting the
capacity of the reservoir in the fuel cell
cartridge. This is consistent with other
limited quantity exceptions outlined in
§§ 173.150 through 173.154 that limit
the size of inner packagings. HMT notes
that the UN Model Regulations specify
an authorized quantity limitation based
on the maximum quantity of fuel per
cartridge. The commenter requests we
revise the limited quantity exceptions in
this paragraph to minimize the amount
of hazardous materials contained in the
cartridge consistent with the UN
Recommendations. Although this
change would permit slightly more
hazardous material in a fuel cell
cartridge for fuel cell cartridges
containing a Class 3, Division 4.3 or
Class 8 material, we believe the
additional risk associated with this
change would be negligible, considering
the robust nature of fuel cell cartridges
and the design type and production
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
testing that must be conducted prior to
offering fuel cell cartridges for
transportation. We agree with the
commenter, and in this final rule, we
are revising paragraphs (g)(1), (2) and (3)
to express the quantity limitations based
on the quantity of liquid or solid fuel
contained in the article.
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
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
final rule, we are removing paragraph
(c) of § 173.304b in its entirety. Current
paragraphs (d) and (e) are being 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 inner
nonrefillable plastic receptacles to keep
abreast with new technology and on the
basis that inner nonrefillable plastic
receptacles provide a level of safety
equivalent to other authorized
packagings. Although the HMR do not
currently allow the transportation of
these plastic receptacles 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 receptacles, we
are adopting requirements for the
construction and use of plastic
containers within the HMR. We believe
this 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 container
PO 00000
Frm 00026
Fmt 4701
Sfmt 4700
specification ‘‘2S’’ is included in
§ 173.306, with corresponding
requirements as detailed in a new
§ 178.33b. One commenter [P&G]
expresses support for the allowance of
limited quantities of Division 2.2
materials with no subsidiary hazard to
be transported in plastic containers and
also provides recommendations for the
testing and material requirements of
these packagings [See discussion under
§ 178.33b]. The same commenter [P&G]
suggests alternatives to the hot water
bath tests for leak detection for both
plastic and metal aerosol containers.
Specifically, the commenter requests
that we modify the hot water bath test
protocol to permit a reduction in
temperature if the receptacles are made
of a plastic material that softens at
higher temperatures. As noted in the
NPRM, we proposed to add
§ 173.306(a)(5) to allow an alternative
hot water bath test for aerosol
dispensers made of plastic materials
which soften at higher temperatures. We
received no additional comments
opposing this proposal; therefore, in this
final rule, we are adopting this proposal
without change.
We are also revising 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
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 adding to this
section a general exception for articles
containing inert gas. This exception
specifies 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.
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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 final
rule, we are revising this section to
prohibit the filling of specification
cylinders made of aluminum alloy (e.g.,
DOT 3AL) with ethyl chloride.
mstockstill on PROD1PC66 with RULES3
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 or
crewmembers in checked or carry-on
baggage. In this final rule, we are
revising 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.
We are also revising § 175.10(a)(15) to
clarify that when the battery is
disconnected, the battery terminals
must also be protected to prevent short
circuits. (See discussion under
‘‘Amendments to Enhance the Safe
Transportation of Batteries and BatteryPowered Devices’’ of this rulemaking.)
In response to the proposals in the
NPRM pertaining to this section, one
commenter [URS] points out a
discrepancy in terminology in reference
to exceptions for passengers,
crewmembers, and air operators under
§ 175.10. URS notes that under
§ 175.10(a)(17), PHMSA uses the
terminology ‘‘consumer electronic’’ to
describe devices powered by lithium
batteries carried on board an aircraft,
whereas under revised § 175.10(a)(18),
PHMSA use the terminology ‘‘portable
electronic’’ to describe the same types of
devices but powered by fuel cell
cartridges and carried on board an
aircraft. The commenter requests
PHMSA replace ‘‘consumer electronic
and medical’’ with ‘‘portable’’ for
consistency between the two
exceptions. We agree, and in this final
rule, we are revising § 175.10(a)(17) to
indicate ‘‘portable electronic devices.’’
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
As noted under the discussion in
§ 173.230, we are revising paragraph
(a)(18) to expand the types of fuel cell
cartridges permitted in carry-on baggage
by airline passengers and crew. Fuel cell
cartridges permitted for transport by
passengers and crewmembers must
continue to conform to the rigorous
performance criteria outlined in
§ 175.10.
Finally, we are revising paragraph (a)
and adding a new paragraph (c) to
specify that the 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 adopting several
amendments to strengthen and clarify
these requirements, harmonize with
international standards, and address a
recommendation of the NTSB from 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
crewmembers evacuated the aircraft
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
aircraft 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
PO 00000
Frm 00027
Fmt 4701
Sfmt 4700
2225
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. Therefore, in the NPRM, we
proposed 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.
One commenter [ALPA] does not
support the proposal 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 on-scene emergency
responders in the event of an accident
or incident. ALPA states, ‘‘* * * we are
concerned that the proposed wording in
the current rulemaking effort is not
specific enough in how the information
is to be provided to first response
personnel, or in what is considered
immediate notification.’’ ALPA
expresses concern that operators will
task a flight crew with providing the
information on the NOTOC to
emergency responders during an
incident when the flight crew’s focus
should be on safely evacuating an
aircraft. ALPA recommends that
PHMSA require operators to find a
method of providing the required
information to emergency responders
without involving the flight crew.
We acknowledge ALPA’s concern
with involvement of the flight crew and
as indicated previously in the preamble
to Docket HM–206C, in an emergency
situation, retrieval of the information
from the flight crew may not be
practical during an in-flight emergency
because the flight crew may be
attending to more pressing tasks.
However, we believe the method for
providing immediate notification to
emergency responders is best
determined by the operators. Therefore,
in this final rule, we are adopting the
revision as proposed.
In response to a FedEx petition, [P–
1490], in the NPRM, we also proposed
to revise § 175.33(a)(1)(i) to remove the
requirement that the type of package
must be included on the notification of
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2226
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
pilot-in-command. Three commenters
[FedEx, IPA, UPS] indicate support for
our proposal to remove the requirement
to include the type of packaging on the
notification of pilot-in-command. One
commenter [IPA] requests that PHMSA
require special notice to the flight crew
through the notification of pilot-incommand any time cargo aircraft only
hazardous material is loaded in an
inaccessible location. We disagree. The
notification of pilot-in-command
requirements already require
information on the loading location of
packages aboard aircraft and
confirmation that the package must be
carried only on cargo aircraft if its
transportation aboard passengercarrying aircraft is forbidden, in
§ 175.75(a)(4) and (a)(9), respectively.
We did not receive other comments
opposing this proposal; therefore, in this
final rule, we are removing the
requirement as proposed.
In addition, for consistency with
international regulations, in the NPRM,
we proposed 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.
Two commenters [Omni, UPS]
express concern regarding the language
provided in new paragraph (a)(11).
Specifically, Omni, notes that ‘‘* * * In
the proposed language to be added
relative to UN1845 * * * the aircraft
operator is required to provide the exact
location aboard the aircraft.’’ Omni
requests clarification of the meaning of
‘‘exact location’’ because the language is
not the same for the requirement to
inform the pilot-in-command of the
location of the packages aboard aircraft
required for other hazardous materials,
and urges PHMSA to remove the word
‘‘exact’’ from the requirement. UPS
points out an inconsistency with the
ICAO TI by indicating, ‘‘* * * ICAO
has determined to allow the dry ice
information to be aggregated for each
hold in an aircraft, not just the loading
position.’’ UPS recommends that
PHMSA revise the language to be
consistent with ICAO TI. The ICAO TI
requires the ‘‘total quantity in each hold
on the aircraft.’’ This is different in
meaning from the ‘‘exact location’’ as
written in the NPRM in that, as UPS
points out, an aircraft hold encompasses
several loading locations.
We agree with the commenters, the
use of the word ‘‘exact’’ is inconsistent
with the provision to provide the
location of packages under
§ 175.33(a)(4) and the provision for ‘‘dry
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
ice’’ added to the ICAO TI. Therefore,
we are revising the language by
removing the word ‘‘exact’’ from
paragraph (a)(11).
Another commenter [COSTHA]
requests that we clarify paragraph
(a)(11) to indicate the provision applies
only when notification of pilot-incommand is required because not all
shipments of ‘‘dry ice’’ are subject to the
notification of pilot-in-command
requirements (see § 172.217(c)(5)). We
agree with the commenter that not all
shipments of ‘‘dry ice’’ require
notification, but we disagree that a
clarifier is needed for new paragraph
(a)(11). The paragraph (a) introductory
text already indicates that the section
applies to hazardous materials subject to
the provisions of the HMR that are
carried in an aircraft. If a shipment of
dry ice is excepted from all other
requirements of the HMR under
§ 173.217(c)(5), the shipper of dry ice
does not need to consult § 175.33 for air
shipping paper and notification of pilotin-command requirements as these
requirements no longer apply.
Section 175.75
Section 175.75 specifies the
requirements for quantity limitations
and cargo locations for hazardous
materials transported by aircraft. With
few exceptions, paragraph (d) requires
each package containing a hazardous
material acceptable only for cargo
aircraft to 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, in the NPRM we
proposed to expand this requirement to
allow for the stowage of these materials
in inaccessible cargo compartments,
provided the compartment has an FAAapproved fire or smoke detection system
and a fire-suppression system.
Five commenters [FedEx, IPA, NACA,
Omni, UPS] support our proposal to
allow the loading of cargo aircraft only
hazardous materials in a cargo
compartment that has an FAA-approved
fire or smoke detection and a firesuppression system. However, several
commenters request clarification of the
regulatory language and recommend
revisions or additional changes. UPS is
concerned that the proposed language to
require an FAA-approved fire or smoke
detection and a fire-suppression system
is inconsistent with ICAO TI because it
may allow for an FAA-approved system
that is not identical to the certification
requirements for a Class C compartment.
The commenter notes ‘‘* * * In the
Technical Instructions, the new
PO 00000
Frm 00028
Fmt 4701
Sfmt 4700
provision will refer specifically to Class
C compartments.’’ We disagree. The
FAA defines a Class C cargo
compartment as a compartment in
which there is a separate approved
smoke detector or fire detector system to
give warning at the pilot or flight
engineer station and there is an
approved built-in fire extinguishing or
suppression system controllable from
the cockpit. An FAA-approved system
would be a system meeting the
requirements for a Class C compartment
as certified by FAA. Secondly, with
regard to the use of freight containers,
the ICAO TI allow for variation in the
type of system as long as the system is
‘‘equivalent to that required by the
certification requirements for a Class C
aircraft cargo compartment as
determined by the appropriate national
authority.’’ However, we believe
clarification of the language is
beneficial, and, in this final rule, we are
revising § 175.75(d) to reference Class C
cargo compartment requirements
specified in the FAA cargo compartment
requirements in 14 CFR 25.857.
Additionally, based on a
recommendation from Omni to be more
consistent with ICAO TI, we are also
adding a provision to § 175.75(d) for the
use of an FAA-certified freight container
which has an approved fire or smoke
detection system and fire suppression
system equivalent to a Class C aircraft
cargo compartment.
Two commenters [UPS, FedEx]
request clarification whether packages
eligible for carriage aboard passenger
aircraft should also be allowed to be
loaded in an inaccessible Class C cargo
compartment on a passenger aircraft,
and whether any weight limitations
should be applied to packages
authorized for passenger aircraft that are
loaded in a Class C cargo compartment
on a cargo aircraft. FedEx indicates,
‘‘* * * We do not believe it was
PHMSA’s intent to prohibit DG
acceptable for Passenger Aircraft from
also being loaded [in an] inaccessible
[compartment] provided the
compartment has an FAA-approved fire
or smoke detection system and a firesuppression system.’’ FedEx suggests
revising § 175.75(c) to accommodate
loading in inaccessible cargo
compartments aboard passenger aircraft
and notes that this would also require
a revision of the tables in § 175.75(e). In
its comments, UPS suggests that the
proposed requirements would place no
limit on the amount of cargo aircraft
only hazardous materials that can be
loaded in an inaccessible compartment
provided the compartment meets the
certification requirements for a Class C
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
compartment. UPS adds, ‘‘* * * in light
of the changes proposed for loading
CAO shipments, the unlimited loading
of [packages authorized for passenger
aircraft] in Class C cargo compartments
seems both reasonable and justified.’’
UPS recommends PHMSA also revise
§ 175.75(c) to except packages
authorized for passenger aircraft and
loaded in Class C cargo compartments
from the net weight limitations and
revise the table in § 175.75(e) to reflect
any changes made in paragraphs (c) and
(d).
We acknowledge UPS’ comments and
will work with FAA to consider
revisions to the table in a future
rulemaking. However, in this final rule,
we are revising the introductory
language to the quantity and loading
tables to clarify that loading cargo
aircraft only packages in conformance
with paragraph (d) of § 175.75 is
considered accessible for quantity limit
purposes of the table in § 175.75(f).
One commenter [Omni] believes
consideration should be given to
eliminate the restriction to limit the net
weight of hazardous materials loaded in
an inaccessible manner to 25 kg with an
additional 75 kg of Division 2.2. Based
on comments we received under Docket
HM–228 (71 FR 14586; March 22, 2006),
we determined such a restriction is
necessary for the safety of cargo aircraft
transporting hazardous materials, and
that greater quantities of hazardous
materials in inaccessible compartments
on cargo aircraft would unnecessarily
compound a situation faced by the crew
in an unrelated fire. Therefore, we did
not adopt a proposal to eliminate the
restriction.
One commenter [NACA] supports our
proposal for all materials except Class 8
corrosive materials. NACA states,
‘‘* * * A leaking corrosive substance
would then not be discovered until
substantial damage has possibly been
done to the aircraft and/or other cargo.
We disagree. The suggestion to restrict
a class of hazardous material from being
loaded in an inaccessible cargo
compartment may have merit but is
beyond the scope of this rulemaking.
We did not propose any restrictions on
classes of hazardous materials that can
be loaded in accordance with
§ 175.75(d).
Finally, for clarity and greater
understanding of the quantity
limitations and cargo location
requirements in § 175.75, we are
revising this section by re-designating
paragraph (e)(5) to new paragraph (f) to
indicate the Quantity and Loading
Tables are a ‘‘stand-alone’’ summary of
the requirements found in paragraphs
(a) through (e).
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
Section 175.88
Section 175.88 specifies the
requirements for the inspection,
orientation and securing of packages of
hazardous materials transported by
aircraft. In the NPRM, we proposed 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.
Two commenters [COSTHA, Omni]
support our proposal to specify that
packages of hazards materials aboard
aircraft must be secured at all times.
However, COSTHA requests that we
clarify paragraph (c) pertaining to the
meaning of the provision to require
securing of packages in a manner to
prevent a change in position of the
packages. The commenter believes the
use of the term ‘‘position’’ is unclear
and can be misinterpreted to mean the
location of the package rather than its
orientation. The commenter
recommends that PHMSA revise the
language to be more consistent with the
language in the ICAO TI. We agree that
the use of the term may be confusing,
and therefore, for clarity and greater
consistency with ICAO TI, in this final
rule, we are revising paragraph (c) to
clarify that packages containing
hazardous materials must be secured at
all times in an aircraft in a manner that
will prevent any shifting or any change
in the orientation of the packages.
Part 176
Section 176.2
Section 176.2 establishes definitions
specific to the transportation of
hazardous materials by vessel. In this
final rule, we are editorially revising 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
final rule, we are specifying that
compliance with subpart C of 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
revisions for certain materials in the
HMT, we are removing stowage codes
‘‘134,’’ ‘‘139,’’ and ‘‘140,’’ and adding a
new stowage code ‘‘145.’’ Stowage code
PO 00000
Frm 00029
Fmt 4701
Sfmt 4700
2227
140 is assigned to ‘‘Aluminum alkyl
halides, liquid,’’ UN3052, and
‘‘Aluminum alkyl halides, solid,’’
UN3461. Both of these shipping
descriptions are being 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
duplication 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 removing 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 being
removed in this final rule. Consistent
with the removal of these UN numbers
from the hazardous materials table, we
are removing stowage code ‘‘140.’’
Stowage code ‘‘145’’ provides
instruction to ‘‘stow ‘separated from’
ammonium compounds 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 being
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
E:\FR\FM\14JAR3.SGM
14JAR3
2228
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
Division 1.4 explosives are of a
comparatively lower risk relative to 1.1,
1.2, and 1.3 explosives, the structural
serviceability requirements, like an
accompanying certification, become
correspondingly less valuable as a safety
control. Therefore, in this final rule, we
are amending paragraph (a) of this
section for consistency with the
requirements of the IMDG Code, by
excluding freight containers containing
Division 1.4 explosive materials from
the structural serviceability
requirements.
Part 178
Section 178.33b
As noted in the discussion under
§ 173.306, we are adding a new section
to define the design, construction, and
testing requirements for inner
nonrefillable plastic containers for
aerosols. Specifically, we are adding 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 inner
nonrefillable plastic receptacles.
One commenter [P&G] requests we
amend the drop test criteria in
§ 178.33b–7 to specify that the container
should not be dropped on the valve. We
acknowledge the commenter’s concern
about impacting and possibly damaging
the valve during the drop test.
Therefore, we are amending § 178.33b–
7 to specify that orientation of the test
containers at drop is statistically
random, but that direct impact on the
valve or valve closure is to be avoided.
We received no additional comments
opposing these proposals; therefore, in
this final rule, we are adopting these
proposals without further change.
In addition, this same commenter
requests that we permit the use of
recycled plastics in plastic containers.
We disagree. We do not believe that the
use of recycled plastic in plastic
containers ensures the quality of the
material. In addition, we believe that the
design qualification testing of the
containers will not be representative of
the production containers if each batch
of plastic is unknown. Therefore, we are
adopting without change, these
requirements as proposed in the NPRM.
mstockstill on PROD1PC66 with RULES3
Section 178.502
Section 178.502 establishes the
identification codes for marking
packagings to certify conformance with
UN performance standards. We are
including a note at the end of this
section to indicate that plastic materials
include other polymeric materials such
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 are including
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.
One commenter [American Trucking
Associations] strongly supports our
proposal to add a marking requirement
to indicate whether or not an IBC is
capable of being stacked and to include
the maximum permitted stacking load
applicable. However, the commenter
recommends that the marking be used
for all packagings that have stacking
restrictions. Additionally, the
commenter recommends that we
shorten the transition period for use of
the new marking to 90 days following
the effective date for newly
manufactured and remanufactured
packagings, and require an effective date
on or before January 1, 2011 for all other
packagings.
We disagree. PHMSA did not propose
to include the marking for all
packagings subject to stacking
restrictions. Additionally, we believe
the January 1, 2011 date provides an
adequate transitional period for use of
the new stacking marking. Therefore, in
this final rule, we are adopting the
stacking symbol marking for IBCs as
proposed, and clarifying the language to
clarify the instructions for use of the
marking.
Section 178.801
Section 178.801 establishes general
requirements for the testing of IBCs. For
clarification, in this final rule, we are
adding a sentence to paragraph (f) to
specify that the IBC must be fitted with
the primary bottom closure during
production testing and inspection.
Section 178.810
Section 178.810 establishes the
requirements for a drop test conducted
for the qualification of all IBC design
types. In this final rule, we are revising
the criteria in paragraph (e) for passing
the drop test to specify that no damage
is permitted which renders the IBC
PO 00000
Frm 00030
Fmt 4701
Sfmt 4700
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.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final 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 final rule
amends regulations to maintain
alignment with international standards
by incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations and vessel stowage
requirements. To this end, as discussed
in detail above, the final 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 adopting 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,
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This rule
amends 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 incorporates 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 requirements to the
greatest extent possible.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final 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
final rule is not considered a significant
rule under the Regulatory Policies and
Procedures of the Department of
Transportation [44 FR 11034]. This final
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 final 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
final 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 final
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 longterm savings of conformance with one
set of regulations and a one-year
transition period. A regulatory
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
evaluation is available for review in the
public docket for this rulemaking.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
preempts State, local and Indian tribe
requirements but does not propose any
regulation that has substantial direct
effects on the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe
requirements on certain covered
subjects, 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 final 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 final rule is necessary to
incorporate changes adopted in
international standards, effective
January 1, 2009. If the changes in this
final 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 final
rule 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
PO 00000
Frm 00031
Fmt 4701
Sfmt 4700
2229
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.
The effective date of Federal preemption
is April 14, 2009.
D. Executive Order 13175
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications and does not impose
substantial direct compliance costs, 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 final rule facilitates the
transportation of hazardous materials in
international commerce by providing
consistency with international
standards. This final 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 final
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
affected 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 final 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
E:\FR\FM\14JAR3.SGM
14JAR3
2230
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
impacts of draft rules on small entities
are properly considered.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it displays a valid OMB control
number.
PHMSA currently has approved
information collections under OMB
Control Number 2137–0034,
‘‘Hazardous Materials Shipping Papers
and Emergency Response Information’’
with 6,500,834 burden hours, and an
expiration date of May 31, 2011; and
OMB Control Number 2137–0039,
‘‘Hazardous Materials Incidents
Reports’’ with 23,746 burden hours, and
an expiration date of August 31, 2010.
Based on comments received in
response to the NPRM, this final rule
may result in an information collection
and recordkeeping burden increase
under these information collections.
PHMSA will submit revised information
collection requests to the Office of
Management and Budget (OMB) for
approval, and publish the results in a
separate Federal Register notice.
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.
Requests for a copy of these information
collections should be directed to
Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards
(PHH–11), Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, SE., 2nd Floor,
Washington, DC 20590–0001.
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.
mstockstill on PROD1PC66 with RULES3
H. Unfunded Mandates Reform Act
This final 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.
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 Council 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 amending 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,
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
PO 00000
Frm 00032
Fmt 4701
Sfmt 4700
Harmonized System of Classification
and Labelling of Chemicals (GHS).
2. Alternatives
In developing this final 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 requiring 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
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
are not adopting provisions that, in our
view, do not provide an adequate safety
level. Further, we provide for
exceptions and extended compliance
periods to minimize the potential
economic impact of any revisions on the
regulated community.
Under this alternative, we 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
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
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
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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 Nation’s Sub-Committee of
Experts on the Transport of Dangerous
Goods 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
believe we can be most successful in
reducing incidents, enhancing safety,
and protecting the public.
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.
PO 00000
Frm 00033
Fmt 4701
Sfmt 4700
2231
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 final 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.
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.
E:\FR\FM\14JAR3.SGM
14JAR3
2232
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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 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; Public Law 101–410
section 4 (28 U.S.C. 2461 note); Public Law
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
■
organization’s mailing address and the
entry ‘‘Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions),
2007–2008 Edition’’ are revised;
■ b. Under the entry ‘‘International
Maritime Organization (IMO)’’ the
organization’s mailing address and the
entries ‘‘International Convention for
the Safety of Life at Sea (SOLAS)
Amendments 2000, Chapter II–2,
Regulation 19, 2001,’’ and
‘‘International Maritime Dangerous
Goods Code (IMDG Code), 2006 Edition,
Incorporating Amendment 33–06
(English Edition), Volumes 1 and 2’’ are
revised;
■ c. Under the entry ‘‘International
Organization for Standardization,’’ the
organization’s mailing address is revised
and 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
edition, August 2005, (E)’’ are added in
appropriate numerical order;
■ d. Revise the entry ‘‘Transport
Canada’’; and
■ e. Under the entry ‘‘United Nations,’’
the organization’s mailing address and
the entry ‘‘UN Recommendations on the
Transport of Dangerous Goods,
Fourteenth revised edition (2005),
Volumes I and II’’ are revised.
The additions and revisions read as
follows:
§ 171.7
Reference material
(a) * * *
(3) Table of material incorporated by
reference. * * *
Source and name of material
49 CFR reference
*
*
*
*
International Civil Aviation Organization (‘‘ICAO’’), P.O. Box 400, Place de
l’Aviation International, 1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2, 1–514–954–8219, https://www.icao.int: ICAO Technical Instructions available from: INTEREG, International Regulations, Publishing and Distribution Organization, P.O. Box 60105, Chicago, IL 60660.
*
*
*
*
Technical Instructions for the Safe Transport of Dangerous Goods by Air (‘‘ICAO
Technical Instructions’’), 2009–2010 Edition.
*
*
*
*
International Maritime Organization (‘‘IMO’’), 4 Albert Embankment, London, SE1
7SR, United Kingdom or New York Nautical Instrument & Service Corporation,
140 West Broadway, New York, NY 10013, +44 (0) 20 7735 7611, https://
www.imo.org: International Convention for the Safety of Life at Sea, (‘‘SOLAS’’)
176.63, 176.84. Amendments 2002, Chapter II–2/Regulation 19, Consolidated
Edition 2004.
International Maritime Dangerous Goods Code (‘‘IMDG Code’’), 2008 Edition, Incorporating Amendment 34–08 (English Edition), Volumes 1 and 2.
*
*
*
*
*
*
171.8; 171.22; 171.23; 171.24; 172.202; 172.401; 172.512;
172.602; 173.56; 173.320; 175.33; 178.3.
*
*
*
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; 178.274.
International Organization for Standardization, Case Postale 56, CH–1211, Geneve 20, Switzerland, +41 22 749 01 11, https://www.iso.org; Also available
from: ANSI 25, West 43rd Street, New York, NY 10036, 1–212–642–4900,
https://www.ansi.org.
mstockstill on PROD1PC66 with RULES3
*
*
*
*
ISO 10156:1996, Gases and Gas Mixtures—Determination of fire potential and
oxidizing ability for the selection of cylinder valve outlets, Second edition, February 1996 (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).
*
*
*
*
Transport Canada, TDG Canadian Government Publishing Center, Supply and
Services, Canada, Ottawa, Ontario, Canada K1A 059, 416–973–1868, https://
www.tc.gc.ca: Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), August 2001 including Clear Language Amendments
SOR 2001–286, Amendment 1 (SOR/2002–306) August 8, 2002; Amendment 2
(SOR/2003–273) July 24, 2003; Amendment 3 (SOR/2003–400) December 3,
2003; Amendment 4 (SOR/2005–216) July 13, 2005; Amendment 5 (SOR/
2005–279) September 21, 2005; and subsection 4.18(5) of Amendment 6
(SOR/2008–34) February 7, 2008.
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00034
Fmt 4701
Sfmt 4700
*
*
*
173.115.
173.115.
*
*
171.12; 171.22; 171.23; 172.401;
172.602; 173.31; 173.32; 173.33.
E:\FR\FM\14JAR3.SGM
14JAR3
*
172.502;
172.519;
2233
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
Source and name of material
49 CFR reference
*
*
*
*
United Nations, Publications, 2 United Nations Plaza, Room DC2–853, New York,
NY 10017, 1–212–963–8302, https://unp.un.org.
UN Recommendations on the Transport of Dangerous Goods, Fifteenth revised
edition (2007). Volumes I and II.
*
*
*
3. Section 171.8, the definitions for
‘‘Fuel cell cartridge’’ or ‘‘Fuel cartridge’’
is revised to read as follows:
■
Section 171.8 Definitions and
abbreviations.
*
*
*
*
*
Fuel cell cartridge or fuel cartridge
means an article that stores fuel for
discharge into the fuel cell through a
valve(s) that controls the discharge of
fuel into the fuel cell.
*
*
*
*
*
■ 4. In § 171.14, revise paragraph (h) is
to read as follows:
§ 171.14 Transitional provisions for
implementing certain requirements.
*
*
*
*
*
(h) The proper shipping name
‘‘Gasohol gasoline mixed with ethyl
alcohol, with not more than 20 percent
alcohol’’ in effect on January 28, 2008,
may continue to be used until October
1, 2010. Effective October 1, 2010, the
new proper shipping name ‘‘Ethanol
and gasoline mixture or ethanol and
motor spirit mixture or ethanol and
petrol mixture,’’ and the revised proper
shipping name ‘‘Gasohol gasoline mixed
with ethyl alcohol, with not more than
10% alcohol’’ must be used, as
appropriate.
■ 5. In § 171.15, paragraphs (b)(4) and
(b)(5) are revised and a new paragraph
(b)(6) is added to read as follows:
§ 171.15 Immediate notice of certain
hazardous materials incidents.
mstockstill on PROD1PC66 with RULES3
*
*
*
*
*
(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 paragraphs
(b)(1), (2), (3) or (4) of this section; or
(6) During transportation by aircraft, a
fire, violent rupture, explosion or
dangerous evolution of heat (i.e., an
amount of heat sufficient to be
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
*
*
*
§ 171.16 Detailed hazardous materials
incident reports.
(a) * * *
(3) A specification cargo tank with a
capacity of 1,000 gallons or greater
containing any hazardous material
suffers structural damage to the lading
retention system or damage that requires
repair to a system intended to protect
the lading retention system, even if
there is no release of hazardous
material;
(4) An undeclared hazardous material
is discovered; or
(5) A fire, violent rupture, explosion
or dangerous evolution of heat (i.e., an
amount of heat sufficient to be
dangerous to packaging or personal
safety to include charring of packaging,
melting of packaging, scorching of
packaging, or other evidence) occurs as
a direct result of a battery or batterypowered device.
*
*
*
*
*
■ 7. In § 171.25, paragraphs (c)(5) and
(d)(3) are added to read as follows:
§ 171.25 Additional requirements for the
use of the IMDG Code.
*
*
*
*
*
(c) * * *
(5) Effective February 13, 2009,
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. Portable tanks,
cargo tanks, and tank cars containing
cryogenic liquids that are in
Frm 00035
Fmt 4701
Sfmt 4700
*
171.8; 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.
dangerous to packaging or personal
safety to include charring of packaging,
melting of packaging, scorching of
packaging, or other evidence) occurs as
a direct result of a battery or batterypowered device.
*
*
*
*
*
■ 6. In § 171.16, paragraph (a)(3) and
(a)(4) are revised and a new paragraph
(a)(5) is added to read as follows:
PO 00000
*
*
*
transportation and stowed below deck
on or before February 13, 2009 may
continue to be transported to their final
destination.
(d) * * *
(3) Notwithstanding § 171.25(d)(1),
except for portable tanks, cargo tanks,
and tank cars transporting cryogenic
liquids before February 13, 2009.
Effective February 13, 2009, portable
tanks, cargo tanks, and tank cars
containing cryogenic liquids, which are
transported by a vessel passing through
the United States in the course of being
shipped between locations outside of
the United States 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.
Portable tanks, cargo tanks, and tank
cars containing cryogenic liquids that
are in transportation and stowed below
deck on or before February 13, 2009,
may continue to be transported to their
final destination.
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
8. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
9. In § 172.101, in the Hazardous
Materials Table, in Column (7), remove
‘‘TP12’’ each place it appears.
■
10. In § 172.101, the Hazardous
Materials Table is amended by
removing, adding and revising entries,
in the appropriate alphabetical
sequence, to read as follows:
■
E:\FR\FM\14JAR3.SGM
14JAR3
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
G ............
+ .............
+ .............
G ............
(1)
Symbols
8
3
4.2
4.2
(3)
Hazard
class or
division
4.2
Aluminum alkyl hydrides ...............
6.1
6.1
8
corrosive,
*
Corrosive, liquid, acidic, inorganic,
n.o.s.
Chlorosilanes, toxic,
n.o.s.
Chlorosilanes, toxic,
flammable, n.o.s.
*
corrosive,
*
Chloronitrobenzene, liquid ortho ...
Chloronitrobenzenes, solid meta
or para.
6.1
6.1
*
Batteries, dry, not subject to the
requirements of this subchapter.
*
Cartridges, sporting, see Cartridges for weapons, inert projectile, or Cartridges, small arms.
..............
Aluminum alkyls ............................
4.2
Aluminum alkyl halides, solid ........
*
Aluminum alkyl halides, liquid .......
*
Amine,
flammable,
corrosive,
n.o.s. or Polyamines, flammable, corrosive, n.o.s.
Amine, liquid, corrosive, flammable n.o.s. or Polyamines, liquid corrosive, flammable n.o.s.
[Remove].
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
UN 3264 .............
UN3362 ..............
*
UN3361 ..............
*
UN3409 ..............
UN1578 ..............
*
*
............................
UN3051 ..............
UN3076 ..............
UN3461 ..............
*
UN3052 ..............
UN2734 ..............
*
UN2733 ..............
(4)
Identification No.
3, 8 .....
8, 3 .....
*
*
(6)
II .....
6.1, 3,
8.
6.1, 8 ..
6.1 ......
6.1 ......
8 .........
*
*
*
*
............
4.2, 4.3
4.2, 4.3
4.2, 4.3
8 .........
8 .........
I ......
II .....
II .....
II .....
II .....
........
I ......
I ......
I ......
*
8, 3 .....
III ....
4.2, 4.3
3, 8 .....
II .....
I ......
3, 8 .....
I ......
I ......
(5)
PG
Label
codes
II .....
III ....
*
*
*
A6, B10, T14,
TP2, TP27.
B2, IB2, T11,
TP2, TP27.
IB3, T7, TP1,
TP28.
*
IB1, T11, TP2,
TP13.
IB1, T11, TP2,
TP13.
*
IB2, T7, TP2 .......
IB8, IP2, IP4, T3,
TP33.
130.
*
173, B9, B11,
T21, TP2, TP7.
173, T21, TP7,
TP33.
173, B9, B11,
T21, TP2, TP7.
173, B9, B11,
T21, TP2, TP7.
A3, A6, N34,
T14, TP2,
TP27.
IB2, T11, TP1,
TP27.
B1, IB3, T7, TP1,
TP28.
IB2, T11, TP2,
TP27.
*
T14, TP1, TP27
(7)
Special
provisions
(§ 172.102)
154 .............
154 .............
*
None ..........
None ..........
*
None ..........
*
153 .............
153 .............
*
*
None ..........
None ..........
None ..........
*
None ..........
None ..........
150 .............
150 .............
None ..........
*
None ..........
(8A)
Exceptions
203
202
201
202
202
202
212
181
181
181
181
202
203
202
201
201
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE
241
242
*
243
243
*
243
*
243
242
*
*
244
244
244
*
244
243
242
243
243
*
243
(8C)
Bulk
5 L ......................
1 L ......................
*
0.5 L ...................
1 L ......................
*
1 L ......................
*
5 L ......................
25 kg ..................
*
*
Forbidden ...........
Forbidden ...........
Forbidden ...........
*
Forbidden ...........
1 L ......................
5 L ......................
1 L ......................
0.5 L ...................
*
0.5 L ...................
(9A)
Passenger
aircraft/rail
60 L ....................
30 L ....................
2.5 L ...................
30 L ....................
30 L ....................
60 L ....................
100 kg ................
Forbidden ...........
Forbidden ...........
Forbidden ...........
Forbidden ...........
30 L ....................
60 L ....................
5 L ......................
2.5 L ...................
2.5 L ...................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
A ............
B ............
B ............
C ............
C ............
A.
A.
D.
D.
D ............
D ............
A ............
A ............
B ............
A ............
D ............
(10A)
Location
40
40
40
40, 125
40
134
134
52
40, 52
40, 52
52
40, 52
(10B)
Other
(10) Vessel
stowage
2234
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
G ............
VerDate Nov<24>2008
4.2
8
18:46 Jan 13, 2009
Jkt 217001
*
containing
PO 00000
Frm 00037
4.2
8
Fmt 4701
Sfmt 4700
4.2
*
Magnesium alkyls ..........................
*
Magnesium diphenyl .....................
E:\FR\FM\14JAR3.SGM
14JAR3
*
Pentaerythrite tetranitrate mixture,
desensitized, solid, n.o.s. with
more than 10 percent but not
more than 20 percent PETN, by
mass.
*
2,5-Norbornadiene, stabilized, see
Bicyclo 2,2,1 hepta-2,5-diene,
stabilized.
4.1
8
4.2
Lithium alkyls, solid .......................
*
Nitric acid other than red fuming,
with not more than 70 percent
nitric acid.
4.2
*
Lithium alkyls, liquid ......................
*
Hypochlorite solutions ...................
*
Hydrogen in a metal hydride storage system.
2.1
3
*
Dimethylzinc ..................................
Fuel cell cartridges
flammable liquids.
4.2
*
Diethylzinc .....................................
*
Dyes, liquid, corrosive, n.o.s. or
Dye intermediates, liquid, corrosive, n.o.s.
mstockstill on PROD1PC66 with RULES3
*
UN3344 ..............
*
*
UN2031 ..............
*
UN2005 ..............
*
UN3053 ..............
UN3433 ..............
*
UN2445 ..............
*
UN1791 ..............
*
UN3468 ..............
*
UN3473 ..............
*
UN1370 ..............
*
UN1366 ..............
*
UN 2801 .............
II .....
II .....
I ......
I ......
I ......
I ......
II .....
........
II .....
I ......
*
*
*
*
*
*
*
*
*
*
4.1 ......
8 .........
4.2 ......
4.2, 4.3
4.2, 4.3
4.2, 4.3
8 .........
2.1 ......
3 .........
4.2, 4.3
4.2, 4.3
8 .........
III ....
I ......
8 .........
II .....
*
8 .........
*
I ......
*
118, N85 ............
*
*
A6, B2, B47,
B53, IB2, T8,
TP2, TP12.
*
173, T21, TP7,
TP33.
*
B11, T21, TP2,
TP7.
*
173, B11, T21,
TP2, TP7.
173, B11, T21,
TP7, TP33.
*
A7, B2, B15, IB2,
IP5, N34, T7,
TP2, TP24.
*
167 .....................
*
............................
*
173, B11, B16,
T21, TP2, TP7.
*
173, B11, T21,
TP2, TP7.
11, B2, IB2, T11,
TP2, TP27.
11, IB3, T7, TP1,
TP28.
*
11, A6, B10, T14,
TP2, TP27.
*
None ..........
*
*
None ..........
*
None ..........
*
None ..........
None ..........
*
None ..........
*
154 .............
*
None ..........
*
150 .............
*
None ..........
*
None ..........
154 .............
154 .............
*
None ..........
214
158
187
181
181
181
202
214
230
181
181
203
202
201
*
None
*
*
242
*
244
*
244
244
*
244
*
242
*
None
*
None
*
244
*
244
241
242
*
243
*
Forbidden ...........
*
*
Forbidden ...........
*
Forbidden ...........
*
Forbidden ...........
Forbidden ...........
*
Forbidden ...........
*
1 L ......................
*
Forbidden ...........
*
5 L ......................
*
Forbidden ...........
*
Forbidden ...........
5 L ......................
1 L ......................
*
0.5 L ...................
Forbidden ...........
30 L ....................
Forbidden ...........
Forbidden ...........
Forbidden ...........
Forbidden ...........
30 L ....................
100 kg gross ......
60 L ....................
Forbidden ...........
Forbidden ...........
60 L ....................
30 L ....................
2.5 L ...................
E.
D ............
C.
D ............
D.
D.
B ............
D.
A.
D ............
D ............
A.
A.
A.
44, 66,
89,
90,
110,
111
18
26
18
18
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2235
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
*
Xenon ............................................
*
Trinitrotoluene, wetted with not
less than 30 percent water, by
mass.
*
Trinitrophenol, wetted with not
less than 30 percent water, by
mass.
2.2
4.1
4.1
4.2
*
Self-heating, solid, toxic, organic,
n.o.s.
G ............
4.2
Self-heating, solid, oxidizing, n.o.s
G ............
4.2
4.2
6.2
2.2
2.1
2.2
(3)
*
Self-heating, solid, organic, n.o.s ..
*
Self-heating, solid, corrosive, organic, n.o.s.
*
Regulated medical waste, n.o.s. or
Clinical
waste,
unspecified,
n.o.s. or (BIO) Medical waste,
n.o.s.
*
Receptacles, small, containing
agas (gas cartridges) non-flammable, without release device,
not refillable and not exceeding
1 L capacity.
Receptacles, small, containing gas
(gas
cartridges)
flammable,
without release device, not refillable and not exceeding 1 L capacity.
Receptacles, small, containing gas
(gas cartridges) non-flammable,
without release device, not refillable and not exceeding 1 L capacity.
(2)
Hazard
class or
division
G ............
G ............
(1)
Symbols
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
UN2036 ..............
*
UN1356 ..............
*
UN1344 ..............
*
UN 3128 .............
UN 3127 .............
*
UN 3088 .............
*
UN 3126 .............
*
UN 3291 .............
UN 2037 .............
UN2037 ..............
*
UN2037 ..............
(4)
Identification No.
6.2 ......
2.2 ......
2.1 ......
2.2, 5.1
2.2 ..
I ......
I ......
*
*
............
4.1 ......
4.1 ......
4.2, 6.1
III ....
*
4.2, 6.1
4.2, 5.1
II .....
........
4.2 ......
III ....
*
4.2 ......
II .....
4.2, 8 ..
III ....
*
4.2, 8 ..
*
*
*
(6)
II .....
II .....
........
........
........
(5)
PG
Label
codes
*
............................
*
23, A2, A8, A19,
N41.
*
23, A8, A19, N41
*
IB5, IP2, T3,
TP33.
IB8, IP3, T1,
TP33.
*
IB6, IP2, T3,
TP33.
IB8, IP3, T1,
TP33.
............................
*
IB5, IP2, T3,
TP33.
IB8, IP3, T1,
TP33.
*
A13 .....................
............................
............................
*
A14 .....................
(7)
Special
provisions
(§ 172.102)
*
306 .............
*
None ..........
*
None ..........
None ..........
*
None ..........
None ..........
None ..........
*
None ..........
None ..........
*
None ..........
*
134 .............
306 .............
306 .............
*
306 .............
(8A)
Exceptions
302
211
211
213
212
214
213
212
213
212
197
304
304
304
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
None
*
None
*
None
242
*
242
214
241
*
241
242
*
242
*
197
None
None
*
None
(8C)
Bulk
*
75 kg ..................
*
0.5 kg .................
*
1 kg ....................
25 kg ..................
*
15 kg ..................
Forbidden ...........
25 kg ..................
*
15 kg ..................
25 kg ..................
*
15 kg ..................
*
No limit ...............
1 kg ....................
1 kg ....................
*
1 kg ....................
(9A)
Passenger
aircraft/rail
150 kg ................
0.5 kg .................
15 kg ..................
100 kg ................
50 kg ..................
Forbidden.
100 kg ................
50 kg ..................
100 kg ................
50 kg ..................
No limit ...............
15 kg ..................
15 kg ..................
15 kg ..................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
A.
E ............
E ............
C.
C.
C.
C.
C.
C.
B ............
B ............
B ............
B ............
(10A)
Location
28
28, 36
40
40
40
40
(10B)
Other
(10) Vessel
stowage
2236
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
VerDate Nov<24>2008
21:47 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00039
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
G ............
G ............
+ .............
+ .............
G ............
G ............
*
6.1
6.1
..............
8
3
8
6.1
*
flam-
*
corrosive,
6.1
14JAR3
*
Fuel cell cartridges or Fuel cell
cartridges contained in equipment or Fuel cell cartridges
packed with equipment, containing corrosive substances.
8
8
*
Corrosive liquid, acidic, inorganic,
n.o.s.
*
Dyes, liquid, corrosive, n.o.s. or
Dye intermediates, liquid, corrosive, n.o.s.
8
corrosive,
Chlorosilanes, toxic,
flammable, n.o.s.
Chlorosilanes, toxic,
n.o.s.
Chlorosilanes, corrosive,
mable, n.o.s.
*
Chloronitrobenzenes, liquid ...........
Chloronitrobenzenes, solid ............
*
Cartridges, sporting, see Cartridges for weapons, inert projectile, or Cartridges, small arms.
*
Batteries, dry, sealed, n.o.s. .........
Amine, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid, corrosive, flammable, n.o.s.
*
Amine,
flammable,
corrosive,
n.o.s. or Polyamines, flammable, corrosive, n.o.s.
[Add].
mstockstill on PROD1PC66 with RULES3
*
UN3477 ..............
*
UN 2801 .............
*
UN 3264 .............
UN3361 ..............
*
UN3362 ..............
*
UN2986 ..............
*
UN3409 ..............
UN1578 ..............
*
*
............................
UN2734 ..............
*
UN2733 ..............
*
3, 8 .....
3, 8 .....
*
*
6.1, 3,
8.
6.1, 8 ..
8, 3 .....
6.1 ......
6.1 ......
8 .........
8 .........
III ....
........
8 .........
II .....
*
8 .........
8 .........
III ....
I ......
8 .........
II .....
*
8 .........
*
*
*
*
*
............
8, 3 .....
I ......
II .....
II .....
II .....
II .....
II .....
........
II .....
8, 3 .....
III ....
I ......
3, 8 .....
II .....
I ......
*
*
*
*
............................
11, B2, IB2, T11,
TP2, TP27.
11, IB3, T7, TP1,
TP28.
*
11, A6, B10, T14,
TP2, TP27.
*
A6, B10, T14,
TP2, TP27.
B2, IB2, T11,
TP2, TP27.
IB3, T7, TP1,
TP28.
*
T14, TP2, TP7,
TP13, TP27.
T14, TP2, TP7,
TP13, TP27.
*
T14, TP2, TP7,
TP13, TP27.
*
IB2, T7, TP2 .......
IB8, IP2, IP4, T3,
TP33.
130.
IB2, T11, TP1,
TP27.
B1, IB3, T7, TP1,
TP28.
A3, A6, N34,
T14, TP2,
TP27.
IB2, T11, TP2,
TP27.
*
T14, TP1, TP27
*
*
230 .............
154 .............
154 .............
*
None ..........
154 .............
154 .............
*
None ..........
None ..........
*
None ..........
*
None ..........
*
153 .............
153 .............
*
*
None ..........
None ..........
150 .............
150 .............
*
None ..........
*
230
203
202
201
203
202
201
206
206
206
202
212
202
201
203
202
201
*
230
241
242
*
243
241
242
*
243
243
*
243
*
243
*
243
242
*
*
243
243
242
243
*
243
*
*
5 kg ....................
5 L ......................
1 L ......................
*
0.5 L ...................
5 L ......................
1 L ......................
*
0.5 L ...................
1 L ......................
*
1 L ......................
*
1 L ......................
*
5 L ......................
25 kg ..................
*
*
1 L ......................
0.5 L ...................
5 L ......................
1 L ......................
*
0.5 L ...................
*
50 kg ..................
60 L ....................
30 L ....................
2.5 L ...................
60 L ....................
30 L ....................
2.5 L ...................
30 L ....................
30 L ....................
30 L ....................
60 L ....................
100 kg ................
30 L ....................
2.5 L ...................
60 L ....................
5 L ......................
2.5 L ...................
A.
A.
A.
A.
A ............
B ............
B ............
C ............
C ............
C ............
A.
A.
A ............
A ............
A ............
B ............
D ............
40
40
40
40
40, 125
40
52
52
40, 52
40, 52
40, 52
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2237
VerDate Nov<24>2008
(1)
Symbols
21:47 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00040
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
3
*
UN0508 ..............
*
UN3468 ..............
UN3476 ..............
UN3478 ..............
UN3479 ..............
UN3473 ..............
(4)
Identification No.
14JAR3
*
*
Hypochlorite solutions ...................
*
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.
*
UN2031 ..............
UN2031 ..............
8
*
UN1791 ..............
8
8
UN3474 ..............
4.1
II .....
II .....
III ....
II .....
I ......
........
........
........
........
........
........
(5)
PG
............................
162, N90 ............
*
*
167 .....................
............................
............................
............................
............................
(7)
Special
provisions
(§ 172.102)
*
A6, B2, B47,
B53, IB2, IP15,
T8, TP2.
8 ......... A6, B2, B47,
B53, IB2, IP15,
T8, TP2.
8, 5.1 ..
*
A7, B2, B15, IB2,
IP5, N34, T7,
TP2, TP24.
8 ......... IB3, N34, T4,
TP2, TP24.
8 .........
4.1 ......
1.3C ...
2.1 ......
4.3 ......
2.1 ......
2.1 ......
3 .........
(6)
Label
codes
None ..........
*
None ..........
154 .............
*
154 .............
None ..........
*
None ..........
*
None ..........
230 .............
230 .............
230 .............
230 .............
(8A)
Exceptions
158
*
158
203
*
202
211
*
62
*
214
230
230
230
230
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
1.3C
*
2.1
4.3
2.1
2.1
(3)
Hazard
class or
division
*
*
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 flammable liquids.
Fuel cell cartridges or Fuel cell
cartridges contained in equipment or Fuel cell cartridges
packed with equipment, containing hydrogen in metal hydride.
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.
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
242
242
241
242
None
None
None
230
230
230
230
(8C)
Bulk
Forbidden ...........
*
Forbidden ...........
5 L ......................
*
1 L ......................
0.5 kg .................
*
Forbidden ...........
*
Forbidden ...........
5 kg ....................
1 kg ....................
1 kg ....................
5 kg ....................
(9A)
Passenger
aircraft/rail
30 L ....................
30 L ....................
60 L ....................
30 L ....................
0.5 kg .................
Forbidden ...........
100 kg gross ......
50 kg ..................
15 kg ..................
15 kg ..................
50 kg ..................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
D ............
D ............
B ............
B ............
D ............
10.
D.
A.
B.
B.
A.
(10A)
Location
66, 74,
89,
90
44, 66,
74,
89,
90
26
26
28, 36
(10B)
Other
(10) Vessel
stowage
2238
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00041
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
*
1.4C
*
4.1
*
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.
14JAR3
1.4G
1.4S
4.2
*
Self-heating solid, toxic, organic,
n.o.s.
G ............
*
Signals, distress, ship ...................
Signals, distress, ship ...................
4.2
Self-heating solid, oxidizing, n.o.s.
G ............
4.2
*
4.2
*
6.2
2.2
*
Self-heating solid, organic, n.o.s. ..
*
Self-heating solid, corrosive, organic, n.o.s.
*
Regulated medical waste, n.o.s. or
Clinical
waste,
unspecified,
n.o.s. or (BIO)Medical waste,
n.o.s., or Biomedical waste,
n.o.s. or Medical waste, n.o.s.
*
Receptacles, small, containing gas
or gas cartridges (flammable)
without release device, not refillable and not exceeding 1 L capacity.
Receptacles, small, containing gas
or gas cartridges (non-flammable) without release device,
not refillable and not exceeding
1 L capacity.
Receptacles, small, containing gas
or gas cartridges (oxidizing)
without release device, not refillable and not exceeding 1 L capacity.
2.2
*
2.1
*
Powder, smokeless .......................
G ............
G ............
D ............
*
*
2,5-Norbornadiene, stabilized, see
Bicyclo [2,2,1] hepta-2,5-diene,
stabilized.
mstockstill on PROD1PC66 with RULES3
*
UN0505 ..............
UN0506 ..............
*
UN 3128 .............
UN 3127 .............
*
UN 3088 .............
*
UN 3126 .............
*
UN 3291 .............
UN 2037 .............
UN 2037 .............
*
UN 2037 .............
*
UN0509 ..............
*
UN3344 ..............
*
*
4.2 ......
........
........
1.4G ...
1.4S ...
4.2, 6.1
III ....
*
4.2, 6.1
II .....
4.2, 5.1
III ....
*
4.2 ......
........
............................
............................
............................
*
A13 .....................
A14 .....................
*
*
*
118, N85 ............
*
............................
............................
*
IB5, IP2, T3,
TP33.
IB8, IP3, T1,
TP33.
*
IB6, IP2, T3,
TP33.
IB8, IP3, T1,
TP33.
............................
*
IB5, IP2, T3,
TP33.
4.2, 8 .. IB8, IP3, T1,
TP33.
4.2, 8 ..
6.2 ......
2.2, 5.1
2.2 ......
2.1 ......
1.4C ...
4.1 ......
II .....
III ....
II .....
II .....
........
........
........
........
II .....
*
*
None ..........
None ..........
None ..........
*
None ..........
None ..........
None ..........
*
None ..........
None ..........
*
None ..........
*
134 .............
306 .............
306 .............
*
306 .............
*
None ..........
*
None ..........
*
62
62
213
212
214
213
212
213
*
212
*
197
304
304
*
304
*
62
*
214
*
*
None
None
242
*
242
214
241
*
241
242
242
197
None
None
None
None
None
*
Forbidden ...........
25 kg ..................
25 kg ..................
*
15 kg ..................
Forbidden ...........
25 kg ..................
*
15 kg ..................
25 kg ..................
*
15 kg ..................
*
No limit ...............
1 kg ....................
1 kg ....................
*
1 kg ....................
*
Forbidden ...........
*
Forbidden ...........
*
75 kg ..................
100 kg ................
100 kg ................
50 kg ..................
Forbidden.
100 kg ................
50 kg ..................
100 kg ................
50 kg ..................
No limit ...............
15 kg ..................
15 kg ..................
15 kg ..................
Forbidden ...........
Forbidden ...........
06.
05.
C.
C.
C.
C.
C.
C.
B ............
B ............
B ............
B ............
06.
E.
40
40
40
40
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2239
VerDate Nov<24>2008
(1)
Symbols
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00042
*
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
UN2795 ..............
UN2794 ..............
8
2.3
8
8
6.1
*
Butyltrichlorosilane ........................
*
1,4-Butynediol ...............................
*
UN2716 ..............
*
UN1747 ..............
UN1008 ..............
*
UN2800 ..............
8
*
UN3028 ..............
*
UN1006 ..............
*
UN1728 ..............
*
UN1724 ..............
*
*
UN2036 ..............
*
UN1356 ..............
*
UN1344 ..............
*
UN0507 ..............
(4)
Identification No.
III ....
II .....
........
III ....
III ....
III ....
III ....
........
II .....
II .....
........
I ......
I ......
........
(5)
PG
*
*
*
*
*
*
*
*
*
*
*
*
6.1 ......
8, 3 .....
2.3, 8 ..
8 .........
8 .........
8 .........
8 .........
2.2 ......
8 .........
8, 3 .....
2.2 ......
4.1 ......
4.1 ......
1.4S ...
(6)
Label
codes
*
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.
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
*
............................
*
23, A2, A8, A19,
N41.
*
23, A8, A19, N41
*
............................
(7)
Special
provisions
(§ 172.102)
*
None ..........
*
None ..........
None ..........
*
159a ...........
159 .............
159 .............
*
None ..........
*
306, 307 .....
*
None ..........
*
None ..........
*
*
306, 307 .....
*
None ..........
*
None ..........
*
None ..........
(8A)
Exceptions
213
206
302
159
159
159
213
302
206
206
302
211
211
62
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
*
242
*
243
*
*
None
*
None
*
None
*
None
(8C)
Bulk
*
240
*
243
314, 315
*
159
159
159
*
None
*
314, 315
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
8
2.2
8
8
2.2
4.1
4.1
1.4S
(3)
Hazard
class or
division
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 ........................
*
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 ..............................
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
100 kg ................
*
Forbidden ...........
Forbidden ...........
*
No limit ...............
30 kg gross ........
30 kg gross ........
*
25 kg gross ........
*
75 kg ..................
*
Forbidden ...........
*
Forbidden ...........
*
*
75 kg ..................
*
0.5 kg .................
*
1 kg ....................
*
25 kg ..................
(9A)
Passenger
aircraft/rail
200 kg ................
30 L ....................
Forbidden ...........
No limit ...............
No limit ...............
No limit ...............
230 kg gross ......
150 kg ................
30 L ....................
30 L ....................
150 kg ................
0.5 kg .................
15 kg ..................
100 kg ................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
C ............
C ............
D ............
A.
A ............
A ............
A ............
A.
C ............
C ............
A.
E ............
E ............
05.
(10A)
Location
52, 53,
70
40
40
52, 146
146
52
40
40
28, 36
28, 36
(10B)
Other
(10) Vessel
stowage
2240
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
4.3
*
Chloroacetic acid, solid .................
*
Chlorophenyltrichlorosilane ...........
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00043
Fmt 4701
Sfmt 4700
8
5.1
4.3
3
8
8
E:\FR\FM\14JAR3.SGM
14JAR3
8
8
*
Diethyldichlorosilane .....................
5.1
*
Dichlorophenyltrichlorosilane ........
*
Dichloroisocyanuric acid, dry or
Dichloroisocyanuric acid salts.
8
*
Cyclohexyltrichlorosilane ...............
*
Dibenzyldichlorosilane ...................
8
*
Cyclohexenyltrichlorosilane ...........
*
Chromium trioxide, anhydrous ......
*
Chlorosilanes,
water-reactive,
flammable, corrosive, n.o.s.
Chlorosilanes, flammable, corrosive, n.o.s.
*
Chlorosilanes, corrosive, n.o.s. .....
*
Chlorine .........................................
VerDate Nov<24>2008
6.1
2.3
*
Calcium manganese silicon ..........
mstockstill on PROD1PC66 with RULES3
*
UN1767 ..............
*
UN1766 ..............
*
UN2465 ..............
*
UN2434 ..............
*
UN1763 ..............
*
UN1762 ..............
*
UN1463 ..............
*
UN2988 ..............
UN2985 ..............
*
UN2987 ..............
*
UN1753 ..............
*
UN1751 ..............
*
UN1017 ..............
*
UN2844 ..............
II .....
II .....
II .....
II .....
II .....
II .....
II .....
I ......
II .....
II .....
II .....
II .....
........
III ....
*
*
*
*
*
*
*
*
*
*
*
*
*
8, 3 .....
8 .........
5.1 ......
8 .........
8 .........
8 .........
5.1,
6.1,
8.
4.3, 3,
8.
3, 8 .....
8 .........
8 .........
6.1, 8 ..
2.3,
5.1,
8.
4.3 ......
*
A7, B6, N34,
T10, TP2, TP7,
TP13.
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
28, IB8, 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.
*
B2, T14, TP2,
TP7, TP13,
TP27.
T14, TP2, TP7,
TP13, TP27.
*
A7, B2, B6, N34,
T10, TP2, TP7.
*
A3, A7, IB8, IP2,
IP4, N34, T3,
TP33.
*
2, B9, B14, N86,
T50, TP19.
*
A1, A19, IB8,
IP4, T1, TP33.
*
None ..........
*
None ..........
*
152 .............
*
154 .............
*
None ..........
*
None ..........
*
None ..........
*
None ..........
None ..........
*
None ..........
*
None ..........
*
153 .............
*
None ..........
*
151 .............
206
206
212
206
206
206
212
201
206
206
206
212
304
213
*
243
*
242
*
240
*
242
*
242
*
242
*
242
*
244
243
*
242
*
242
*
242
*
314, 315
*
241
*
Forbidden ...........
*
Forbidden ...........
*
5 kg ....................
*
1 L ......................
*
Forbidden ...........
*
Forbidden ...........
*
5 kg ....................
*
Forbidden ...........
1 L ......................
*
1 L ......................
*
Forbidden ...........
*
15 kg ..................
*
Forbidden ...........
*
25 kg ..................
30 L ....................
30 L ....................
25 kg ..................
30 L ....................
30 L ....................
30 L ....................
25 kg ..................
1 L ......................
5 L ......................
30 L ....................
30 L ....................
50 kg ..................
Forbidden ...........
100 kg ................
C ............
C ............
A ............
C ............
C ............
C ............
A ............
D ............
B ............
C ............
C ............
C ............
D ............
A ............
40
40
13
40
40
40
66, 90
21, 28,
40,
49,
100
40
40
40
40
40, 51,
55,
62,
68,
89,
90
52, 85,
103
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2241
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00044
Fmt 4701
D ............
G ............
G ............
(1)
Symbols
Sfmt 4700
9
9
8
8
3
8
4.3
(3)
Hazard
class or
division
E:\FR\FM\14JAR3.SGM
*
NA1203 ..............
*
UN1196 ..............
*
UN2435 ..............
*
UN1183 ..............
UN3077 ..............
*
UN3082 ..............
*
UN1771 ..............
*
UN1769 ..............
*
UN1162 ..............
(4)
Identification No.
14JAR3
2.2
8
*
Helium, compressed .....................
*
Hexadecyltrichlorosilane ...............
*
UN1781 ..............
*
UN1046 ..............
UN1203 ..............
3
II .....
........
II .....
II .....
II .....
II .....
I ......
III ....
III ....
II .....
II .....
II .....
(5)
PG
*
*
*
*
*
*
*
*
*
*
8 .........
2.2 ......
3 .........
3 .........
3, 8 .....
8 .........
4.3, 8,
3.
9 .........
9 .........
8 .........
8 .........
3, 8 .....
(6)
Label
codes
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
............................
144, 177, B1,
B33, IB2, T8.
*
144, 177 .............
*
A7, N34, T10,
TP2, TP7,
TP13.
*
A7, B2, N34,
T10, TP2, TP7,
TP13.
*
A2, A3, A7, N34,
T14, TP2, TP7,
TP13.
*
8, 146, 335, IB3,
T4, TP1, TP29.
8, 146, 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.
(7)
Special
provisions
(§ 172.102)
*
None ..........
*
306, 307 .....
150 .............
*
150 .............
*
None ..........
*
None ..........
*
None ..........
155 .............
*
155 .............
*
None ..........
*
None ..........
*
None ..........
(8A)
Exceptions
206
302
202
202
206
206
201
213
203
206
206
206
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
242
*
242
*
243
*
242
*
244
240
*
241
*
242
*
242
*
243
(8C)
Bulk
*
242
*
302, 314
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
3
*
Ethyltrichlorosilane ........................
*
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.
3
*
Ethylphenyldichlorosilane ..............
*
Ethyldichlorosilane ........................
*
Environmentally hazardous substance, liquid, n.o.s.
Environmentally hazardous substance, solid, n.o.s.
*
Dodecyltrichlorosilane ...................
*
Diphenyldichlorosilane ..................
*
Dimethyldichlorosilane ..................
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
Forbidden ...........
*
75 kg ..................
5 L ......................
*
5 L ......................
*
1 L ......................
*
Forbidden ...........
*
Forbidden ...........
No limit ...............
*
No limit ...............
*
Forbidden ...........
*
Forbidden ...........
*
Forbidden ...........
(9A)
Passenger
aircraft/rail
30 L ....................
150 kg ................
60 L ....................
60 L ....................
5 L ......................
30 L ....................
1 L ......................
No limit ...............
No limit ...............
30 L ....................
30 L ....................
Forbidden ...........
(9B)
Cargo aircraft
only
(9) Quantity
limitations
C ............
A.
E.
E.
B ............
C.
D ............
A.
A.
C ............
C ............
B ............
(10A)
Location
40
40
21, 28,
40,
49,
100
40
40
40
(10B)
Other
(10) Vessel
stowage
2242
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
8
VerDate Nov<24>2008
5.1
*
Krypton, compressed ....................
*
Magnesium bromate .....................
PO 00000
6.1
Jkt 217001
Frm 00045
Fmt 4701
Sfmt 4700
8
4.3
E:\FR\FM\14JAR3.SGM
14JAR3
5.1
*
Neon, compressed ........................
*
Nitrites, inorganic, n.o.s. ...............
4.1
2.2
*
Methyltrichlorosilane ......................
*
Nitrocellulose, with not more than
12.6 percent, by dry mass mixture with or without plasticizer,
with or without pigment.
3
*
Methylphenyldichlorosilane ...........
*
Methyldichlorosilane ......................
6.1
Medicine, solid, toxic, n.o.s. ..........
*
Methyl Chloromethyl Ether ............
6.1
Medicine, liquid, toxic, n.o.s. .........
3
5.1
2.2
*
Hydrogen iodide, anhydrous .........
*
Medicine, liquid, flammable, toxic,
n.o.s..
21:47 Jan 13, 2009
*
Magnesium nitrate .........................
2.3
*
Hexyltrichlorosilane .......................
mstockstill on PROD1PC66 with RULES3
*
UN2557 ..............
*
UN2627 ..............
*
UN1065 ..............
*
UN1250 ..............
*
UN2437 ..............
*
UN1242 ..............
*
UN1239 ..............
UN3249 ..............
UN1851 ..............
*
UN3248 ..............
*
UN1474 ..............
*
UN1473 ..............
*
UN1056 ..............
*
UN2197 ..............
*
UN1784 ..............
5.1 ......
5.1 ......
2.2 ......
2.3, 8 ..
8 .........
II .....
II .....
........
II .....
II .....
I ......
I ......
*
*
*
*
*
*
4.1 ......
5.1 ......
2.2 ......
3, 8 .....
8 .........
4.3, 8,
3.
6.1, 3 ..
3, 6.1 ..
6.1 ......
6.1 ......
6.1 ......
6.1 ......
III ....
II .....
III ....
II .....
III ....
*
3, 6.1 ..
*
*
*
*
*
*
II .....
III ....
II .....
........
........
II .....
*
44 .......................
*
33, IB8, 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.
IB3 ......................
............................
............................
T3, TP33 ............
T1, TP33 ............
*
IB2 ......................
*
332, A1, IB8, IP3,
T1, TP33.
*
A1, IB8, IP2, IP4,
T3, TP33.
*
............................
*
3, B14, N86, N89
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
.............
.............
.............
.............
.............
*
151 .............
*
152 .............
*
306, 307 .....
*
None ..........
*
None ..........
*
None ..........
*
None ..........
150
153
153
153
153
*
150 .............
*
152 .............
*
152 .............
*
306, 307 .....
*
None ..........
*
None ..........
212
212
302
206
206
201
226
203
202
203
212
213
202
213
212
302
304
206
*
None
*
None
*
None
*
243
*
242
*
243
*
244
None
243
241
None
None
*
None
*
240
*
242
*
None
*
314, 315
*
242
L ......................
L ......................
L ......................
kg ....................
kg ....................
*
1 kg ....................
*
5 kg ....................
*
75 kg ..................
*
1 L ......................
*
1 L ......................
*
Forbidden ...........
*
Forbidden ...........
5
5
5
5
5
*
1 L ......................
*
25 kg ..................
*
5 kg ....................
*
75 kg ..................
*
Forbidden ...........
*
Forbidden ...........
L ......................
L ......................
L ......................
kg ....................
kg ....................
15 kg ..................
25 kg ..................
150 kg ................
5 L ......................
30 L ....................
1 L ......................
Forbidden ...........
5
5
5
5
5
5 L ......................
100 kg ................
25 kg ..................
150 kg ................
Forbidden ...........
30 L ....................
............
............
............
............
D ............
A ............
A.
B ............
C ............
D ............
D ............
A.
C
C
C
C
B ............
A.
A ............
A.
D ............
C ............
28, 36
46, 56,
58,
133
40
40
21, 28,
40,
49,
100
40
40
40
40
40
40
56, 58
40
40
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2243
VerDate Nov<24>2008
18:46 Jan 13, 2009
G ............
(1)
Symbols
Jkt 217001
PO 00000
Frm 00046
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
3
8
8
4.1
4.1
4.1
4.1
4.1
(3)
Hazard
class or
division
14JAR3
4.3
*
Octyltrichlorosilane ........................
*
Organometallic substance, liquid,
water-reactive, flammable.
8
*
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.
*
Nitrocellulose, solution, flammable
with not more than 12.6 percent
nitrogen, by mass, and not more
than 55 percent nitrocellulose.
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
UN3399 ..............
*
UN1801 ..............
*
UN1800 ..............
*
UN1799 ..............
*
UN1337 ..............
*
UN3376 ..............
*
UN1336 ..............
UN2555 ..............
*
UN2556 ..............
*
UN2059 ..............
(4)
Identification No.
3 .........
3 .........
*
*
(6)
8 .........
8 .........
8 .........
4.1 ......
4.1 ......
4.1 ......
4.3, 3 ..
*
*
*
*
*
*
*
4.1 ......
4.3, 3 ..
4.3, 3 ..
I ......
II .....
II .....
II .....
I ......
I ......
I ......
II .....
4.1 ......
III ....
II .....
3 .........
II .....
I ......
(5)
PG
Label
codes
II .....
III ....
IB1, IP2, T7,
TP2, TP7.
IB2, IP4, T7,
TP2, TP7.
*
T13, TP2, TP7 ...
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
*
23, A8, A19, A20,
N41.
*
162, A8, A19,
A20, N41.
*
23, A8, A19, A20,
N41.
............................
*
............................
198, IB2, T4,
TP1, TP8.
198, B1, IB3, T2,
TP1.
*
198, T11, TP1,
TP8, TP27.
(7)
Special
provisions
(§ 172.102)
None ..........
None ..........
*
None ..........
*
None ..........
*
None ..........
*
None ..........
*
None ..........
*
None ..........
*
None ..........
151 .............
*
151 .............
150 .............
150 .............
*
None ..........
(8A)
Exceptions
203
202
201
206
206
206
211
211
211
212
212
203
202
201
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
242
243
*
244
*
242
*
242
*
242
*
None
*
None
*
None
None
*
None
242
242
*
243
(8C)
Bulk
5 L ......................
1 L ......................
*
Forbidden ...........
*
Forbidden ...........
*
Forbidden ...........
*
Forbidden ...........
*
1 kg ....................
*
Forbidden ...........
*
1 kg ....................
15 kg ..................
*
1 kg ....................
60 L ....................
5 L ......................
*
1 L ......................
(9A)
Passenger
aircraft/rail
60 L ....................
5 L ......................
1 L ......................
30 L ....................
30 L ....................
30 L ....................
15 kg ..................
15 kg ..................
15 kg ..................
50 kg ..................
15 kg ..................
220 L ..................
60 L ....................
30 L ....................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
E ............
D ............
D ............
C ............
C ............
C ............
D ............
E ............
E ............
E ............
D ............
A.
B.
E.
(10A)
Location
40, 52
40, 52
40, 52
40
40
40
28, 36
28, 36
28, 36
28, 36
28, 36
(10B)
Other
(10) Vessel
stowage
2244
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00047
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
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, solid,
water-reactive.
14JAR3
Oxidizing solid, self-heating, n.o.s.
G ............
G ............
G ............
G ............
G ............
G ............
G ............
mstockstill on PROD1PC66 with RULES3
G ............
5.1
5.1
5.1
5.1
5.1
5.1
5.1
4.3
UN3100 ..............
UN3137 ..............
UN1479 ..............
UN3085 ..............
UN3099 ..............
UN3139 ..............
*
UN3098 ..............
*
UN3395 ..............
4.3 ......
5.1, 8 ..
*
*
5.1 ......
III ....
5.1, 6.1
5.1 ......
II .....
III ....
5.1, 8 ..
5.1, 6.1
II .....
5.1 ......
III ....
5.1, 4.2
5.1 ......
II .....
I ......
5.1, 4.1
5.1 ......
I ......
I ......
5.1, 8 ..
II .....
III ....
5.1, 8 ..
I ......
5.1, 6.1
I ......
5.1 ......
I ......
5.1, 8 ..
II .....
III ....
5.1, 8 ..
I ......
I ......
62 .......................
62, IB8, IP3, T1,
TP33.
62, IB8, IP2, IP4,
T3, TP33.
62 .......................
62, IB5, IP1 ........
62, IB8, IP3, T1,
TP33.
62, IB6, IP2, T3,
TP33.
62 .......................
62, IB2 ................
62, IB1 ................
62, A6 .................
62, 127, A2, IB2
62, 127, A2, IB2
62, 127, A2, A6 ..
62, IB2 ................
62, IB1 ................
*
62, A6 .................
*
N40, T9, TP7,
TP33.
None ..........
152 .............
152 .............
None ..........
None ..........
152 .............
None ..........
None ..........
152 .............
152 .............
None ..........
152 .............
152 .............
None ..........
152 .............
None ..........
*
None ..........
*
None ..........
214
213
212
214
211
213
212
211
203
202
201
203
202
201
203
202
201
211
214
240
240
214
242
240
242
242
242
243
244
241
242
243
242
243
*
244
*
242
Forbidden ...........
25 kg ..................
5 kg ....................
Forbidden ...........
1 kg ....................
25 kg ..................
5 kg ....................
1 kg ....................
2.5 L ...................
1 L ......................
Forbidden ...........
2.5 L ...................
1 L ......................
Forbidden ...........
2.5 L ...................
1 L ......................
*
Forbidden ...........
*
Forbidden ...........
Forbidden.
100 kg ................
25 kg ..................
Forbidden.
15 kg ..................
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 ...................
Forbidden ...........
B ............
B ............
D ............
B ............
B ............
D ............
B ............
B ............
D ............
B ............
B ............
D ............
B ............
B ............
D ............
E ............
56, 58,
106,
138
56, 58,
106,
138
56, 58,
106,
138
13, 56,
58,
106,
138
13, 34,
56,
58,
106,
138
13, 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
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2245
VerDate Nov<24>2008
(2)
18:46 Jan 13, 2009
Jkt 217001
PO 00000
solid,
water-reactive,
Frm 00048
Fmt 4701
9
8
8
5.1
5.1
(3)
Hazard
class or
division
Sfmt 4700
E:\FR\FM\14JAR3.SGM
*
Potassium chlorate ........................
14JAR3
5.1
5.1
5.1
*
Potassium nitrite ............................
*
Potassium permanganate .............
*
Potassium persulfate .....................
5.1
5.1
*
Potassium bromate .......................
*
Potassium nitrate and sodium nitrite mixtures.
5.1
*
Polychlorinated biphenyls, solid ....
*
Phenyltrichlorosilane .....................
*
Paint or Paint related material ......
Oxidizing
n.o.s..
G ............
G ............
Oxidizing solid, toxic, n.o.s. ..........
(1)
Symbols
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
*
UN1492 ..............
*
UN1490 ..............
*
UN1488 ..............
*
UN1487 ..............
*
UN1485 ..............
*
UN1484 ..............
*
UN3432 ..............
*
UN1804 ..............
*
UN3066 ..............
UN3121 ..............
UN3087 ..............
(4)
Identification No.
*
(6)
5.1, 6.1
II .....
III ....
III ....
II .....
II .....
II .....
II .....
II .....
II .....
II .....
*
*
*
*
*
*
*
5.1 ......
5.1 ......
5.1 ......
5.1 ......
5.1 ......
5.1 ......
9 .........
8 .........
8 .........
III ....
*
8 .........
II .....
5.1, 4.3
5.1, 6.1
II .....
I ......
........
5.1, 4.2
5.1, 6.1
(5)
PG
Label
codes
*
A1, A29, IB8,
IP3, T1, TP33.
*
IB8, IP2, IP4, T3,
TP33.
*
IB8, IP2, IP4, T3,
TP33.
*
B78, IB8, IP2,
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.
*
B2, IB2, T7, TP2,
TP28.
B52, IB3, T4,
TP1, TP29.
62 .......................
62, IB8, IP3, T1,
TP33.
62, IB6, IP2, T3,
TP33.
62 .......................
62 .......................
(7)
Special
provisions
(§ 172.102)
*
152 .............
*
152 .............
*
152 .............
*
152 .............
*
152 .............
*
152 .............
*
155 .............
*
None ..........
154 .............
*
154 .............
None ..........
152 .............
152 .............
None ..........
None ..........
(8A)
Exceptions
213
212
212
212
212
212
212
206
173
173
214
213
212
214
211
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
240
*
240
*
242
*
240
*
242
*
242
*
240
*
242
241
*
242
214
240
242
214
242
(8C)
Bulk
*
25 kg ..................
*
5 kg ....................
*
5 kg ....................
*
5 kg ....................
*
5 kg ....................
*
5 kg ....................
*
100 kg ................
*
Forbidden ...........
5 L ......................
*
1 L ......................
Forbidden ...........
25 kg ..................
5 kg ....................
Forbidden ...........
1 kg ....................
(9A)
Passenger
aircraft/rail
100 kg ................
25 kg ..................
25 kg ..................
25 kg ..................
25 kg ..................
25 kg ..................
200 kg ................
30 L ....................
60 L ....................
30 L ....................
Forbidden.
100 kg ................
25 kg ..................
Forbidden.
15 kg ..................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
A ............
D ............
A ............
A ............
A ............
A ............
A ............
C ............
A ............
A ............
B ............
B ............
D ............
(10A)
Location
58, 145
56, 58,
138
56, 58
56, 58
56, 58
56, 58
95
40
40
40
56, 58,
106,
138
56, 58,
95,
106,
138
56, 58,
95,
106,
138
(10B)
Other
(10) Vessel
stowage
2246
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
5.1
5.1
5.1
*
Sodium bromate ............................
*
Sodium chlorate ............................
*
Sodium peroxoborate, anhydrous
5.1
5.1
*
Silver nitrate ..................................
Frm 00049
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
4.3
*
Water-reactive solid, n.o.s. ...........
G ............
4.3
*
corrosive,
solid,
G ............
Water-reactive
n.o.s.
4.3
*
corrosive,
Water-reactive liquid, n.o.s. ..........
4.3
*
Vinyltrichlorosilane, stabilized .......
G ............
3
*
Trimethyltrichlorosilane .................
liquid,
3
*
Trichloroisocyanuric acid, dry .......
Water-reactive
n.o.s.
5.1
Sodium persulfate .........................
8
*
Silicon tetrachloride .......................
G ............
8
*
Propyltrichlorosilane ......................
mstockstill on PROD1PC66 with RULES3
*
UN2813 ..............
*
UN3131 ..............
UN3148 ..............
*
UN3129 ..............
*
UN1305 ..............
*
UN1298 ..............
*
UN2468 ..............
UN1505 ..............
*
UN3247 ..............
*
UN1495 ..............
*
UN1494 ..............
*
UN1493 ..............
*
UN1818 ..............
*
UN1816 ..............
3, 8 .....
3, 8 .....
5.1 ......
5.1 ......
5.1 ......
5.1 ......
5.1 ......
5.1 ......
8 .........
8, 3 .....
4.3 ......
4.3, 8 ..
III ....
4.3 ......
4.3 ......
I ......
4.3, 8 ..
II .....
*
4.3, 8 ..
I ......
4.3, 8 ..
4.3, 8 ..
4.3 ......
4.3 ......
4.3 ......
II .....
III ....
I ......
II .....
III ....
*
4.3, 8 ..
*
*
*
*
*
*
*
*
*
*
I ......
II .....
II .....
II .....
III ....
II .....
II .....
II .....
II .....
II .....
II .....
II .....
III ....
*
IB4, N40, T9,
TP7, TP33.
IB7, IP2, T3,
TP33.
IB8, IP4, T1,
TP33.
*
IB4, IP1, N40,
T9, TP7, TP33.
IB6, IP2, T3,
TP33.
IB8, IP4, T1,
TP33.
IB1, T11, TP2 .....
IB2, T7, TP1 .......
T9, TP2, TP7 .....
IB1, T7, TP2 .......
IB2, T7, TP1 .......
*
T14, TP2, TP7 ...
*
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.
*
A7, B2, B6, N34,
T10, TP2, TP7,
TP13.
..........
..........
..........
..........
..........
151 .............
151 .............
*
None ..........
151 .............
151 .............
*
None ..........
None
None
None
None
None
*
None ..........
*
None ..........
*
None ..........
*
152 .............
152 .............
*
152 .............
*
152 .............
*
152 .............
*
152 .............
*
None ..........
*
None ..........
213
212
211
213
212
211
202
203
201
202
203
201
206
206
212
213
212
212
212
212
202
206
241
242
*
242
241
242
*
242
243
242
244
243
242
*
243
*
243
*
243
*
240
240
*
240
*
240
*
242
*
242
*
242
*
243
25 kg ..................
15 kg ..................
*
Forbidden ...........
25 kg ..................
15 kg ..................
*
Forbidden ...........
1 L ......................
5 L ......................
Forbidden ...........
1 L ......................
5 L ......................
*
Forbidden ...........
*
1 L ......................
*
1 L ......................
*
5 kg ....................
25 kg ..................
*
5 kg ....................
*
5 kg ....................
*
5 kg ....................
*
5 kg ....................
*
1 L ......................
*
Forbidden ...........
100 kg ................
50 kg ..................
15 kg ..................
100 kg ................
50 kg ..................
15 kg ..................
5 L ......................
60 L ....................
1 L ......................
5 L ......................
60 L ....................
1 L ......................
5 L ......................
5 L ......................
25 kg ..................
100 kg ................
25 kg ..................
25 kg ..................
25 kg ..................
25 kg ..................
30 L ....................
30 L ....................
............
............
............
............
E ............
E ............
E ............
E ............
E ............
D.
E
E.
E
E
E
D.
B ............
E ............
A ............
A ............
A ............
A ............
A ............
A.
C ............
C ............
40
40
40
85
85
40
40
40
85
40
40
13
58, 145
13, 25
56, 58
56, 58
40
40
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2247
VerDate Nov<24>2008
(1)
Symbols
18:46 Jan 13, 2009
Jkt 217001
*
*
Zinc nitrate ....................................
*
Zinc ammonium nitrite ...................
(2)
Hazardous materials descriptions
and proper shipping names
mstockstill on PROD1PC66 with RULES3
5.1
5.1
(3)
Hazard
class or
division
*
*
UN1514 ..............
*
UN1512 ..............
(4)
Identification No.
II .....
II .....
(5)
PG
*
*
*
5.1 ......
5.1 ......
(6)
Label
codes
*
*
IB8, IP2, IP4, T3,
TP33.
*
IB8, IP2, IP4, T3,
TP33.
(7)
Special
provisions
(§ 172.102)
*
*
152 .............
*
None ..........
(8A)
Exceptions
212
212
(8B)
Nonbulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE—Continued
*
*
240
*
242
(8C)
Bulk
*
*
5 kg ....................
*
5 kg ....................
(9A)
Passenger
aircraft/rail
25 kg ..................
25 kg ..................
(9B)
Cargo aircraft
only
(9) Quantity
limitations
A.
E.
(10A)
Location
(10B)
Other
(10) Vessel
stowage
2248
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
PO 00000
Frm 00050
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
2249
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
*
*
*
*
*
11. In Appendix B to § 172.101,
introductory paragraphs 4 and 5 are
revised and four entries from the table
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
*
*
12. In § 172.102:
a. In paragraph (c)(1), Special
Provisions 130, 136 b., 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)(2), Special
Provisions A59 and A60 are revised.
■ c. In paragraph (c)(4), revise The table
2IP Codes.
■ d. In paragraph (c)(5), Special
Provision N82 is revised and new
Special Provision N90 is added.
■ e. 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
mstockstill on PROD1PC66 with RULES3
*
*
*
*
*
62 Oxygen generators (see § 171.8 of
this subchapter) are not authorized for
transportation under this entry.
*
*
*
*
*
130 Dry batteries not specifically
covered by another entry in the
§ 172.101 Table must be described using
this entry. Batteries described as
‘‘Batteries, dry, sealed, n.o.s’’ are
hermetically sealed and generally utilize
metals (other than lead) and/or carbon
as electrodes. These batteries are
typically used for portable power
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
applications. The rechargeable (and
some non-rechargeable) types have
gelled alkaline electrolytes (rather than
acidic) making it difficult for them to
generate hydrogen or oxygen when
overcharged and therefore,
differentiating them from non-spillable
batteries. ‘‘Batteries, dry, sealed, n.o.s.’’
are not subject to any other
requirements of this subchapter except
for the following:
(1) Incident reporting requirements.
For transportation by aircraft, a
telephone report in accordance with
§ 171.15(a) is required if a fire, violent
rupture, explosion or dangerous
evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging
or personal safety to include charring of
packaging, melting of packaging,
scorching of packaging, or other
evidence) occurs as a direct result of a
dry battery. For all modes of
transportation, a written report
submitted, retained, and updated in
accordance with § 171.16 is required if
a fire, violent rupture, explosion or
dangerous evolution of heat occurs as a
direct result of a dry battery or batterypowered device;
(2) Batteries and battery-powered
device(s) containing batteries must be
prepared and packaged for transport in
a manner to prevent:
(i) A dangerous evolution of heat;
(ii) Short circuits, including but not
limited to the following methods:
PO 00000
Frm 00051
Fmt 4701
Sfmt 4700
(a) Packaging each battery or each
battery-powered device when
practicable, in fully enclosed inner
packagings made of non-conductive
material;
(b) Separating or packaging batteries
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 protected with nonconductive caps, non-conductive tape,
or by other appropriate means; and
(iii) 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 shifting which could loosen
terminal caps or reorient the terminals
to produce short circuits. Batteries
contained in devices must be securely
installed. 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.
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2250
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(3) When transported by aircraft, for a
battery whose voltage (electrical
potential) exceeds 9 volts:
(i) When contained in a device, the
device must be packaged in a manner
that prevents unintentional activation or
must have an independent means of
preventing unintentional activation
(e.g., packaging restricts access to
activation switch, switch caps or locks,
recessed switches, trigger locks,
temperature sensitive circuit breakers,
etc.); and
(ii) An indication of compliance with
this special provision must be provided
by marking each package with the
words ‘‘not restricted’’ or by including
the words ‘‘not restricted’’ on a
transport document such as an air
waybill accompanying the shipment.
*
*
*
*
*
136 * * *
b. The quantities of hazardous
materials do not exceed those specified
in § 173.4a of this subchapter; and
*
*
*
*
*
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 1:1,000 with 0.07 M
(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
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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
Packing Group II 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
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;
PO 00000
Frm 00052
Fmt 4701
Sfmt 4700
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 or
packaged in a manner 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;
h. For transportation by aircraft, a
telephone report in accordance with
§ 171.15(a) is required if a fire, violent
rupture, explosion or dangerous
evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging
or personal safety to include charring of
packaging, melting of packaging,
scorching of packaging, or other
evidence) occurs as a direct result of a
lithium battery. For all modes of
transportation, a written report
submitted, retained, and updated in
accordance with § 171.16 is required if
a fire, violent rupture, explosion or
dangerous evolution of heat occurs as a
direct result of a lithium battery or
battery-powered device; 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
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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.
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 or
packaged in a manner 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. A written report submitted,
retained, and updated in accordance
with § 171.16 is required if a fire,
violent rupture, explosion or dangerous
evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging
or personal safety to include charring of
packaging, melting of packaging,
scorching of packaging, or other
evidence) occurs as a direct result of a
lithium battery or battery-powered
device.
*
*
*
*
*
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.
237 ‘‘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). For
transportation by aircraft, the provisions
of § 173.159(b)(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
may be transported under this entry,
provided there is no free liquid visible
at the time the material is loaded or at
2251
the time the packaging or transport unit
is closed. Each transport unit must be
leakproof when used as bulk packaging.
*
*
*
*
*
(2) * * *
A59 Sterilization devices, when
containing less than 30 mL per inner
packaging with no more than 300 mL
per outer packaging may be transported
in accordance with provisions in
§ 173.4a, irrespective of § 173.4a(b). In
addition, after filling, each inner
packaging must be determined to be
leak-tight by placing the inner
packaging in a hot water bath at a
temperature and for a period of time
sufficient to ensure an internal pressure
equal to the vapor pressure of ethylene
oxide at 55 °C is achieved. Any inner
packaging showing evidence of leakage,
distortion or other defect under this test
may not be transported under the terms
of this special provision. In addition to
the packaging required in § 173.4a,
inner packagings must be placed in a
sealed plastic bag compatible with
ethylene oxide and capable of
containing the contents in the event of
breakage or leakage of the inner
packaging. Glass inner packagings must
be placed within a protective shield
capable of preventing the glass from
puncturing the plastic bag in the event
of damage to the packaging (e.g.,
crushing).
A60 Sterilization devices, when
containing less than 30 mL per inner
packaging with not more than 150 mL
per outer packaging, may be transported
in accordance with the provisions in
§ 173.4a, irrespective of § 173.4a(b),
provided such packagings were first
subjected to comparative fire testing.
Comparative fire testing must show no
difference in burning rate between a
package as prepared for transport
(including the substance to be
transported) and an identical package
filled with water.
*
*
*
*
*
(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 plastics 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.
mstockstill on PROD1PC66 with RULES3
IP3 ..............
IP4 ..............
IP5 ..............
IP6 ..............
IP7 ..............
IP8 ..............
IP13 ............
IP14 ............
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00053
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
2252
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
TABLE 2—IP CODES—Continued
IBC code
Authorized IBCs
IP15 ............
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 siftproof, water-resistant, fiberboard IBCs when transported in closed freight containers
or transport vehicles.
(5) * * *
Code/Special Provisions
*
*
*
*
*
N82 See § 173.115 of this subchapter
for classification criteria for flammable
aerosols.
*
*
*
*
*
N90 Metal packagings are not
authorized.
*
*
*
*
*
■ 13. In § 172.202, paragraph (a)(3)
introductory text, paragraph (a)(4), and
(a)(6)(vi) are revised to read as follows:
mstockstill on PROD1PC66 with RULES3
§ 172.202 Description of hazardous
material on 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 (explosives)
materials; self-reactive substances;
batteries other than those containing
lithium, lithium ions, or sodium;
Division 5.2 materials; and 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
*
*
*
*
*
■ 14. In § 172.322, paragraphs (d)(1) and
(e) are revised to read as follows:
§ 172.322
Marine pollutants.
*
*
*
VerDate Nov<24>2008
*
*
18:46 Jan 13, 2009
Jkt 217001
(d) The MARINE POLLUTANT mark
is not required—
(1) On single packagings or
combination packagings where each
single package or each inner packaging
of combination packagings has:
(i) A net quantity of 5 L (1.3 gallons)
or less for liquids; or
(ii) A net mass of 5 kg (11 pounds) or
less for solids
*
*
*
*
*
(e) MARINE POLLUTANT mark.
Effective January 14, 2010 the MARINE
POLLUTANT mark must conform to the
following:
(1) Except for size, the MARINE
POLLUTANT mark must appear as
follows:
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
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.
*
*
*
*
*
■ 16. 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).
*
*
*
*
*
■ 17. In § 172.402, paragraph (d)(1) is
revised to read as follows:
§ 172.402 Additional labeling
requirements.
*
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 is to be affixed. Each
side of the mark must be—
(i) At least 100 mm (4 inches) for
marks applied to:
(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.
*
*
*
*
*
■ 15. In § 172.400a, paragraph (c) is
revised to read as follows:
§ 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
PO 00000
Frm 00054
Fmt 4701
Sfmt 4700
*
*
*
*
(d) * * *
(1) For a package containing a Class
7 material that also meets the definition
of one or more additional hazard
classes, whether or not the material
satisfies § 173.4a(b)(7) of this
subchapter, a subsidiary label is not
required on the package if the material
conforms to the remaining criteria in
§ 173.4a of this subchapter.
*
*
*
*
*
■ 18. In § 172.446, paragraph (b) is
revised to read as follows:
§ 172.446
CLASS 9 Label.
*
*
*
*
*
(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.
■ 19. Section 172.448 is revised to read
as follows:
E:\FR\FM\14JAR3.SGM
14JAR3
ER14JA09.000</GPH>
IP20 ............
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
§ 172.448
2253
CARGO AIRCRAFT ONLY label.
(a) Except for size and color, the
CARGO AIRCRAFT ONLY label must be
as follows:
§ 172.500 Applicability of placarding
requirements.
*
*
*
*
*
(b) * * *
(5) Hazardous materials which are
packaged as small quantities under the
provisions of §§ 173.4, 173.4a, 173.4b of
this subchapter; and
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
21. 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.
22. Section 173.4, is revised to read as
follows:
■
mstockstill on PROD1PC66 with RULES3
§ 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),
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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
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;
PO 00000
Frm 00055
Fmt 4701
Sfmt 4700
(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 for domestic highway
or rail transport only.’’
E:\FR\FM\14JAR3.SGM
14JAR3
ER14JA09.001</GPH>
(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.
■ 20. In § 172.500, paragraph (b)(5) is
revised to read as follows:
2254
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(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) Lithium batteries and cells are not
eligible for the exceptions provided in
this section.
■ 23. Section 173.4a is added to read as
follows:
mstockstill on PROD1PC66 with RULES3
§ 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 shipper’s responsibilities to
properly class their material in
accordance with § 173.22 of this
subchapter;
(2) Sections 171.15 and 171.16 of this
subchapter pertaining to the reporting of
incidents; and
(3) For a Class 7 (Radioactive)
material the requirements for an
excepted package.
(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;
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
(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;
(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
PO 00000
Frm 00056
Fmt 4701
Sfmt 4700
(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
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) of this
section 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:
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
§ 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
§ 173.12 Exceptions for shipment of waste
materials.
*
PO 00000
*
*
Frm 00057
*
Fmt 4701
*
Sfmt 4700
(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.
■ 26. 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.
*
*
*
*
*
■ 27. In § 173.24, paragraph (c)(2) is
revised to read as follows:
§ 173.24 General requirements for
packagings and packages.
*
*
*
*
*
(c) * * *
(2) The packaging is permitted under,
and conforms to, provisions contained
in subparts B or C of part 171 of this
subchapter or §§ 173.3, 173.4, 173.4a,
173.4b, 173.5, 173.5a, 173.6, 173.7,
173.8, 173.27, or § 176.11 of this
subchapter.
*
*
*
*
*
■ 28. 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. (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
E:\FR\FM\14JAR3.SGM
14JAR3
ER14JA09.002</GPH>
(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) x 100 mm (3.9
inches), and must be durable and clearly
visible.
(h) Documentation. (1) For
transportation by highway or rail, no
shipping paper is required.
(2) 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.
(3) 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) Training. Each person who offers
or transports excepted quantities of
hazardous materials must know about
the requirements of this section.
(j) Restrictions. Hazardous material
packaged in accordance with this
section may not be carried in checked
or carry-on baggage.
■ 24. Section 173.4b is added to read as
follows:
(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
(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]
■ 25. In § 173.12, paragraph (f) is
revised to read as follows:
2255
2256
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and 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.
■ 29. 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 No.
*
PI
*
*
UN0505
UN0506
UN0507
UN0508
UN0509
.........................................
.........................................
.........................................
.........................................
.........................................
*
*
*
*
*
135
135
135
114(b)
114(b)
*
*
(c) * * *
(5) * * *
TABLE OF PACKING METHODS
Packing instruction
Inner packagings
Intermediate packagings
Outer packagings
*
*
*
114(b) This packing instruction applies to dry solids .....
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 pack-agings must be so constructed that
the risk of explosion, by reason of increased internal pressure from internal or external causes
is pre-vented.
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.
*
Bags:
paper, kraft, plastics ...
textile, sift-proof ..........
woven plastics, siftproof.
Receptacles:
fibreboard ....................
metal, paper ................
plastics, woven plastics, sift-proof.
*
*
Not necessary ....................
*
Boxes:
natural wood, ordinary
(4C1).
natural wood, sift proof
walls (4C2).
plywood (4D).
reconstituted wood
(4F).
fibreboard (4G).
Drums:
steel, removable head
(1A2).
aluminum, removable
head (1B2).
plywood (1D).
fiber (1G).
plastics, removable
head (1H2).
*
*
*
30. In § 173.115, paragraph (b) is
revised, paragraph (k) is redesignated as
paragraph (l), and a new paragraph (k)
is added to read as follows:
■
§ 173.115 Class 2, Divisions 2.1, 2.2, and
2.3—Definitions.
mstockstill on PROD1PC66 with RULES3
*
*
*
*
*
(b) Division 2.2 (non-flammable,
nonpoisonous compressed gas—
including compressed gas, liquefied gas,
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—
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
*
*
(1) Exerts in the packaging a gauge
pressure of 200 kPa (25.9 psig/43.8 psia)
or greater at 20 °C (68 °F), is a liquefied
gas or is a cryogenic liquid, and
(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):
(1) An aerosol must be assigned to
Division 2.1 if the contents include 85%
by mass or more flammable components
PO 00000
Frm 00058
Fmt 4701
Sfmt 4700
*
*
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.
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(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).
*
*
*
*
*
■ 31. In § 173.134, 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.
*
*
*
*
*
■ 32. 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
*
*
*
*
*
(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
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.
33. Section 173.159 is revised to read
as follows:
■
mstockstill on PROD1PC66 with RULES3
§ 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 must be prepared and
packaged for transport in a manner to
prevent:
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
(1) A dangerous evolution of heat (i.e.,
an amount of heat sufficient to be
dangerous to packaging or personal
safety to include charring of packaging,
melting of packaging, scorching of
packaging, or other evidence);
(2) Short circuits, including, but not
limited to:
(i) Packaging each battery or each
battery-powered device when
practicable, in fully enclosed inner
packagings made of non-conductive
material;
(ii) Separating or packaging batteries
and battery-powered 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 must 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 shifting which could loosen
terminal caps or reorient the terminals.
Batteries contained in devices must be
securely installed. 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
(2) Any battery-powered device,
equipment or vehicle must be packaged
for transport in a manner to prevent
unintentional activation or must have
an independent means of preventing
unintentional activation (e.g., packaging
restricts access to activation switch,
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:
PO 00000
Frm 00059
Fmt 4701
Sfmt 4700
2257
(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
(2,000 pounds), a superimposed weight
of 1814 kg (4,000 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).
(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 at 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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2258
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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
(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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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.
(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
PO 00000
Frm 00060
Fmt 4701
Sfmt 4700
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.
■ 34. 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.
For transportation by aircraft, a
telephone report in accordance with
§ 171.15(a) is required if a fire, violent
rupture, explosion or dangerous
evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging
or personal safety to include charring of
packaging, melting of packaging,
scorching of packaging, or other
evidence) occurs as a direct result of a
nonspillable battery. For all modes of
transportation, a written report in
accordance with § 171.16(a) is required
if a fire, violent rupture, explosion or
dangerous evolution of heat occurs as a
direct result of a nonspillable battery.
(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) 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
installed in a piece of equipment that is
transported unpackaged.
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(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 the following:
(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) For transport by aircraft, when
contained in a battery-powered device,
equipment or vehicle must be prepared
and packaged for transport in a manner
to prevent unintentional activation in
conformance with § 173.159(b)(2) of this
Subpart.
■ 35. In § 173.168, paragraph (a) is
revised to read as follows:
§ 173.168
Chemical oxygen generators.
*
*
*
*
*
(a) Approval. A chemical oxygen
generator that is shipped with an
explosive or non-explosive means of
initiation attached must be classed and
approved by the Associate
Administrator in accordance with the
procedures specified in § 173.56 of this
subchapter.
*
*
*
*
*
■ 36. 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.’’
■ 37. 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.
*
*
*
*
*
■ 38. A new § 173.206 is added to read
as follows:
mstockstill on PROD1PC66 with RULES3
§ 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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
39. 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
*
*
*
*
*
(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 a dangerous evolution
of heat, short circuits, and damage to
terminals in conformance with
§ 173.159(a) and leakage; or must be
removed and packaged separately under
§ 173.159. Battery-powered 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
PO 00000
Frm 00061
Fmt 4701
Sfmt 4700
2259
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(b)(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.
■ 40. 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
E:\FR\FM\14JAR3.SGM
14JAR3
2260
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
subsidiary risks and refrigerated
liquefied gases are not authorized; and
*
*
*
*
*
41. 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-3,5,5trimethylhexanoate.
*
3101 .......
≤100 .........
..................
*
..................
....................
................
*
OP5 ........
................
*
................
*
Cyclohexanone peroxide(s) ..........
*
Exempt ...
..................
..................
*
..................
≥68 ............
................
*
Exempt ...
................
*
................
*
Dibenzoyl peroxide .......................
*
Exempt ...
≤35 ...........
..................
*
..................
≥65 ............
................
*
Exempt ...
................
*
................
*
Di-(2-tert-butylperoxyisopropyl)
benzene(s).
*
Exempt ...
≤42 ...........
..................
*
..................
≥58 ............
................
*
Exempt ...
................
*
................
*
Di-4-chlorobenzoyl peroxide .........
*
Exempt ...
≤32 ...........
..................
*
..................
>68 ............
................
*
Exempt ...
................
*
................
*
Dicumyl peroxide ..........................
*
Exempt ...
≤52 ...........
..................
*
..................
>48 ............
................
*
Exempt ...
................
*
................
*
Di-(2-ethylhexyl)
peroxydicarbonate [as a stable
dispersion in water].
*
3117 .......
≤62 ...........
..................
*
..................
....................
................
*
OP8 ........
¥15 .......
*
¥5 .........
[Remove]
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[Add]
*
3119 .......
≤47 ...........
*
tert-Amyl peroxypivalate ...............
tert-Amyl peroxy-3,5,5trimethylhexanoate.
*
3119 .......
3105 .......
≤32 ...........
≤100 .........
*
tert-Butyl peroxy-3,5,5trimethlyhexanoate.
*
3106 .......
≤42 ...........
*
Cumyl peroxyneodecanoate .........
*
3115 .......
≤87 ...........
*
Cyclohexanone peroxide(s) ..........
*
Exempt ...
≤32 ...........
*
2,2-Di-(tert-amylperoxy)-butane ...
*
3105 .......
≤57 ...........
*
Dibenzoyl peroxide .......................
*
Exempt ...
≤35 ...........
*
tert-Butyl peroxybenzoate ............
mstockstill on PROD1PC66 with RULES3
*
tert-Amyl peroxyneodecanoate ....
*
3109 .......
≤32 ...........
*
1,1-Di-(tert-butylperoxy)cyclohexane.
*
3103 .......
≤72 ...........
*
1,1-Di-(tert-Butylperoxy)
cyclohexane.
*
3109 .......
≤37 ...........
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
*
≥53 ...........
*
..................
....................
≥68 ...........
..................
*
..................
..................
....................
....................
..................
*
..................
≥58 ............
≥13 ...........
*
..................
....................
..................
*
..................
>68 ............
≥43 ...........
*
..................
....................
..................
*
..................
≥65 ............
≥68 ...........
*
..................
....................
..................
*
≥28 ...........
....................
≥63 ...........
*
..................
....................
*
*
*
PO 00000
*
*
*
*
*
*
Frm 00062
Fmt 4701
*
................
*
OP8 ........
0 .............
*
+10 .........
................
................
*
OP8 ........
OP7 ........
+10 .........
................
*
+15 .........
................
................
*
OP7 ........
................
*
................
................
*
OP7 ........
¥10 .......
*
0 .............
................
*
Exempt ...
................
*
................
................
*
OP7 ........
................
*
................
................
*
Exempt ...
................
*
................
................
*
OP8 ........
................
*
................
................
*
OP5 ........
................
*
................
................
*
OP8 ........
................
*
................
*
*
*
*
*
*
*
*
*
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
29
29
30
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
2261
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)
*
1,1-Di-(tert-butylperoxy)Cyclohexane
+
tert-butyl
peroxy-2-ethylhexanoate.
*
3105 .......
≤43 + ≤16
≥41 ...........
*
..................
....................
................
*
OP7 ........
................
*
................
*
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
[as a paste].
peroxide
*
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 .......
*
¥5 .........
*
Di-(2-neodecanoylperoxyisopropyl) benzene, as
stable dispersion in water.
*
3119 .......
≤42 ...........
..................
*
..................
....................
................
*
OP8 ........
¥15 .......
*
¥5 .........
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
*
3115 .......
≤77 ...........
≥23 ...........
*
..................
....................
................
*
OP7 ........
¥5 .........
*
+5 ...........
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate [as a stable dispersion in water].
*
3119 .......
≤52 ...........
..................
*
..................
....................
................
*
OP8 ........
¥5 .........
*
+5 ...........
*
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
*
3117 .......
≤52 ...........
≥48 ...........
*
..................
....................
................
*
OP8 ........
¥5 .........
*
+5 ...........
*
(See re≥70 ...........
mark 31).
*
..................
....................
................
*
OP8 ........
................
*
................
*
*
..................
....................
................
*
OP8 ........
................
*
................
*
Methyl isopropyl
oxide(s).
ketone
per-
*
3,3,5,7,7-Pentamethyl-1,2,4Trioxepane.
*
3109 .......
*
3107 .......
*
≤100 .........
*
*
*
*
*
*
*
*
*
*
*
*
..................
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Notes:
*
*
*
*
*
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point > 130 °C (266 °F).
31. Available oxygen ≤6.7%.
mstockstill on PROD1PC66 with RULES3
*
*
*
(e) * * *
VerDate Nov<24>2008
*
*
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00063
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
*
31
2262
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
ORGANIC PEROXIDE IBC TABLE
UN No.
Type of
IBC
Organic peroxide
[Remove]
*
3109
*
*
*
*
*
*
*
tert-Butyl peroxy-3,5,5-trimethylhexanoate, not more than 32% in diluent type A ..........
...........................................................................................................................................
*
*
*
*
*
*
tert-Butyl peroxyneodecanoate, not more than 42%, stable dispersion, in water ...........
Di-(2-ethylhexyl) peroxydicarbonate, not more than 52%, staple dispersion, in water ...
*
*
*
*
*
*
*
Emergency
temperature
Control
temperature
*
31A ......
31HA1 ..
*
*
1250.
1000.
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
3119
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID
Maximum
quantity
(liters)
31A ......
31A ......
*
*
1250 .....
1250 .....
*
¥5 °C ..
¥20 °C
*
*
*
*
*
*
1250.
*
31A ......
*
1250.
1000.
*
31A ......
31HA1 ..
*
1250.
*
31A ......
+5 °C.
¥10 °C.
[Add]
3109
*
*
*
*
*
*
*
tert-Butyl peroxybenzoate, not more than 32% in diluent type A ....................................
*
*
*
*
tert-Butyl peroxy-3,5,5-trimethylhexanoate, not more than 37% in diluent type A ..........
*
*
*
*
1,1-Di-(tert-Butylperoxy) cyclohexane, not more than 37% in diluent type A ..................
*
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
3119
*
*
*
*
*
31A ......
*
1250 .....
+10 °C
*
*
*
*
tert-Butyl peroxyneodecanoate, not more than 52%, stable dispersion, in water ...........
31A ......
*
1250 .....
¥5 °C ..
*
*
*
*
Di-(2-ethylhexyl) peroxydicarbonate, not more than 62%, staple dispersion, in water ...
31A ......
*
1250 .....
¥20 °C
*
*
*
*
Di-(2-neodecanoylperoxyisopropyl) benzene, not more than 42%, stable dispersion, in
water.
31A ......
*
1250 .....
¥15 °C
*
*
*
*
3-Hydroxy-1,1-dimethylbutyl peroxy-neodecanoate, not more than 52%, stable dispersion, in water.
31A ......
*
1250 .....
¥15 °C
mstockstill on PROD1PC66 with RULES3
*
*
(g) * * *
VerDate Nov<24>2008
*
*
*
*
*
tert-Amyl peroxypivalate, not more than 32% in diluent type A ......................................
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID
*
*
*
*
*
*
*
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00064
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
*
*
*
*
*
*
+15 °C.
+5 °C.
¥10 °C.
¥5 °C.
¥5 °C.
2263
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
ORGANIC PEROXIDE PORTABLE TANK TABLE
UN No.
Minimum
test
pressure
(bar)
Hazardous material
Minimum
shell
thickness
(mm-reference
steel)
See...
Bottom
opening
requirements
See...
Pressure
relief requirements
See...
Filling limits
Emergency
temperature
Control
temperature
[Remove]
*
3119
*
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
Di-(3,5,5-trimethyl-hexanoyl) peroxide, 4 ........... § 178.274 § 178.275 § 178.275 Not more than 90%
not more than 38% in diluent type A.
(d)(2).
(d)(3).
(g)(1).
at 59 °F (15 °C).
*
*
*
*
*
0 °C ......
+5 °C.
*
*
*
*
[Add]
*
3119
*
*
*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
tert-Amyl peroxyneodecanoate, not 4 ........... § 178.274 § 178.275 § 178.275
more than 47% in diluent type A.
(d)(2).
(d)(3).
(g)(1).
*
*
Di-(3,5,5-trimethyl-hexanoyl) peroxide,
not more than 38% in diluent type A
or type B.
*
42. 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.
mstockstill on PROD1PC66 with RULES3
*
*
*
*
*
(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
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
(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
18:46 Jan 13, 2009
*
§ 178.274
(d)(2).
*
■
VerDate Nov<24>2008
4 ...........
Jkt 217001
§ 178.275
(d)(3).
*
*
§ 178.275
(g)(1).
Frm 00065
Fmt 4701
*
Not more than 90%
at 59 °F (15 °C).
*
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.
*
*
*
*
*
■ 43. Section 173.230 is revised to read
as follows:
PO 00000
Not more than 90%
at 59 °F (15 °C).
Sfmt 4700
*
¥10 °C
0 °C ......
¥5 °C.
*
+5 °C.
*
§ 173.230 Fuel cell cartridges containing
hazardous material.
(a) Requirements for Fuel Cell
Cartridges. Fuel cell cartridges,
including when contained in or packed
with equipment, must be designed and
constructed to prevent fuel leakage
under normal conditions of
transportation. 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 cell cartridges 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.
(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:
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2264
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(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 a
design type that has been subjected,
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
at which the test is conducted is
referred to as the ‘‘minimum shell burst
pressure.’’ The pressure within the fuel
cell cartridge must not exceed 5 MPa
(725 psig) at 55 °C (131 °F).
(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).
(5) Design type tests: 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.
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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. A fuel cell cartridge filled
to rated capacity (with hydrogen) 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. A 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 must be
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 cartridge 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.
(6) Production leak test. Each fuel cell
cartridge must be tested for leaks at 15
°C ± 5 °C (59 °F ± 9 °F) while
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
PO 00000
Frm 00066
Fmt 4701
Sfmt 4700
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
intermediate packagings together with
the equipment they are capable of
powering. The fuel cell cartridges and
the equipment must be packaged with
cushioning material or dividers or inner
packaging so that the fuel cell cartridges
are protected against damage that may
be caused by the shifting or placement
of the equipment and the cartridges
within the outer packaging; and
(ii) Fuel cell cartridges installed in
equipment must be protected against
short circuits and the entire system
must be protected from 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, when contained in
equipment, 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 cell cartridges packed
with equipment, the maximum number
of fuel cell cartridges in the
intermediate packaging must be the
minimum number required to power the
equipment, plus 2 spares;
(5) Large robust articles containing
fuel cells may be transported
unpackaged when approved by the
Associate Administrator; and
(6) The mass of a fuel cell cartridge
containing a Division 4.3 or Class 8
materials must be not more than 1 kg
(2.2 lbs).
(7) Fuel cell cartridges intended for
transportation in carry-on baggage on
board passenger aircraft must comply
with paragraphs (a), (b), (c), (d) in this
section and the applicable provisions
prescribed in § 175.10 of this
subchapter.
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES3
(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 containing not more than 1.0
L (0.3 gallon), packed in strong outer
packaging.
(2) For water-reactive substances
(Division 4.3 Dangerous when wet
material), in fuel cell cartridges
containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5
kg (1.1 pound) for solids, packed in
strong outer packaging.
(3) For corrosive materials, in fuel cell
cartridges containing not more than 1.0
L (0.3 gallon) for liquids or not more
than 1.0 kg (2.2 pounds) 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.
■ 44. Section 173.304b is revised to read
as follows:
§ 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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.
■ 45. 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:
§ 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
PO 00000
Frm 00067
Fmt 4701
Sfmt 4700
2265
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
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
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
2266
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
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) Consumer commodities. 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
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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
(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.
The pressure limit may be increased to
2,000 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).
■ 46. 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).
*
*
*
*
*
■ 47. 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. Cylinders made of
aluminum alloy are not authorized.
PART 175—CARRIAGE BY AIRCRAFT
48. 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.
49. In § 175.10, paragraphs (a)
introductory text, (a)(10), (a)(15)(i)
through (iv), (a)(17), and (a)(18) are
revised and a new paragraph (c) is
added to read as follows:
■
§ 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
(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:
PO 00000
Frm 00068
Fmt 4701
Sfmt 4700
(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 and
the battery terminals are protected to
prevent short circuits, unless the
wheelchair or mobility aid design
provides an effective means of
preventing unintentional activation, and
(iv) The battery is—
(A) Securely attached to the
wheelchair or mobility aid;
(B) Is removed and placed in a strong,
rigid packaging marked
‘‘NONSPILLABLE BATTERY’’ (unless
fully enclosed in a rigid housing that is
properly marked), or
(C) Is handled in accordance with
paragraph (a)(16)(iv) of this section.
*
*
*
*
*
(17) Except as provided in § 173.21 of
this subchapter, portable electronic
devices (for example, watches,
calculating machines, cameras, cellular
phones, lap-top and notebook
computers, camcorders, etc.) containing
cells or batteries (including lithium cells
or batteries) and spare batteries and
cells for these devices, when carried by
passengers or crew members for
personal use. Each spare battery must be
individually protected so as to prevent
short circuits (by placement in original
retail packaging or by otherwise
insulating terminals, e.g., by taping over
exposed terminals or placing each
battery in a separate plastic bag or
protective pouch) and carried in carryon baggage only. In addition, each
installed or spare battery must not
exceed the following:
(i) For a lithium metal battery, a
lithium content of not more than 2
grams per battery; or
(ii) For a lithium-ion battery, an
aggregate equivalent lithium content of
not more than 8 grams per battery,
except that up to two batteries with an
aggregate equivalent lithium content of
E:\FR\FM\14JAR3.SGM
14JAR3
mstockstill on PROD1PC66 with RULES3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
more than 8 grams but not more than 25
grams may be carried.
(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 for
personal use 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;
(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 consumer 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
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
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
apply to the air carrier.
50. In § 175.33, paragraphs (a)(1)(i)
and (c)(4) are revised and a new
paragraph (a)(11) is added to read as
follows:
■
§ 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 in each hold 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.
*
*
*
*
*
■ 51. In § 175.75, paragraph (d) and (e)
are revised, and add a new paragraph (f)
to read as follows:
§ 175.75 Quantity limitations and cargo
location.
*
*
*
*
*
(d) Each package displaying a ‘‘Cargo
Aircraft Only’’ label must be loaded on
cargo aircraft as follows:
(1) In a manner that a crew member
or other authorized person can access,
handle and when size and weight
PO 00000
Frm 00069
Fmt 4701
Sfmt 4700
2267
permit, separate such packages from
other cargo during flight;
(2) In a cargo compartment certified
by FAA as a Class C aircraft cargo
compartment as defined in 14 CFR
25.857(c); or
(3) In an FAA-certified freight
container that has an approved fire or
smoke detection system and fire
suppression system equivalent to that
required by the certification
requirements for a Class C aircraft cargo
compartment.
(e) For cargo aircraft only, the
requirements of paragraph (c) and (d) do
not apply to the following hazardous
materials:
(1) Class 3—Packing Group III (that do
not meet the definition of another
hazard class), Division 6.1 (except those
also labeled FLAMMABLE), Division
6.2, Class 7, Class 9 or ORM–D.
(2) Division 2.2 in that an additional
75 kg (165 pounds) net weight of
Division 2.2 material is authorized in
inaccessible locations.
(3) Packages of hazardous materials
transported aboard a cargo aircraft,
when other means of transportation are
impracticable or not available, in
accordance with procedures approved
in writing by the FAA Regional or Field
Security Office in the region where the
operator is located.
(4) Packages of hazardous materials
carried on small, single pilot, cargo
aircraft if:
(i) No person is carried on the aircraft
other than the pilot, an FAA inspector,
the shipper or consignee of the material,
a representative of the shipper or
consignee so designated in writing, or a
person necessary for handling the
material;
(ii) The pilot is provided with written
instructions on the characteristics and
proper handling of the materials; and
(iii) Whenever a change of pilots
occurs while the material is on board,
the new pilot is briefed under a handto-hand signature service provided by
the operator of the aircraft.
(f) At a minimum, quantity limits and
loading instructions in the following
quantity and loading tables must be
followed to maintain acceptable
quantity and loading between packages
containing hazardous materials. These
requirements do not apply to Class 9 or
ORM–D materials. For cargo aircraft
only packages containing hazardous
materials, packages loaded in
conformance with paragraph (d) of this
section are considered accessible for the
purposes of the Cargo Only Aircraft
table. The quantity and loading tables
are as follows:
*
*
*
*
*
E:\FR\FM\14JAR3.SGM
14JAR3
2268
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
52. In § 175.88, paragraph (c) is
revised to read as follows:
■
57. 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:
■
§ 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 orientation
of 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.
53. In § 175.700, paragraph (a) is
revised to read as follows:
■
§ 176.84 Other requirements for stowage
and segregation for cargo vessels and
passenger vessels.
*
*
*
(b) * * *
Code
*
145 ....
146 ....
PART 176—CARRIAGE BY VESSEL
54. The authority citation for part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
§ 176.2
Definitions.
mstockstill on PROD1PC66 with RULES3
(a) A carrier may not transport by
vessel any shipment of a hazardous
material that is not prepared for
transportation in accordance with parts
172 and 173 of this subchapter, or as
authorized by subpart C of part 171 of
this subchapter.
*
*
*
*
*
22:00 Jan 13, 2009
*
*
*
*
Stow ‘‘separated from’’ ammonium
compounds except for UN1444.
Category B stowage applies for unit
loads in open cargo transport
units.
*
*
*
*
*
58. In § 176.172, paragraph (a)
introductory text is revised to read as
follows:
■
§ 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
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 178—SPECIFICATIONS FOR
PACKAGINGS
60. In Subpart B of Part 178, add and
reserve § 178.33b and add new
§§ 178.33b–1 through 178.33b–9 to read
as follows:
■
§ 176.3 Unacceptable hazardous materials
shipments.
VerDate Nov<24>2008
Provisions
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
*
*
*
*
Commandant (CG–522), USCG means
the Chief, Office of Operating and
Environmental Standards, United States
Coast Guard, Washington, DC 20593–
0001.
*
*
*
*
*
■ 56. In § 176.3, paragraph (a) is revised
to read as follows:
Jkt 217001
Sec.
178.33b Specification 2S; inner
nonrefillable plastic receptacles
[Reserved]
178.33b–1 Compliance.
178.33b–2 Type and size.
178.33b–3 Inspection.
178.33b–4 Duties of inspector.
178.33b–5 Material.
178.33b–6 Manufacture.
178.33b–7 Design Qualification Test.
178.33b–8 Production Tests.
178.33b–9 Marking.
§ 178.33b Specification 2S; inner
nonrefillable plastic receptacles [Reserved]
§ 178.33b–1
Compliance.
(a) Required in all details.
PO 00000
Frm 00070
Fmt 4701
Sfmt 4700
Inspection.
(a) By competent inspector.
(b) [Reserved]
59. The authority citation for part 178
continues to read as follows:
*
Type and size.
(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
*
■
55. In § 176.2, the definition for
‘‘Commandant (G–MSO), USCG’’ is
revised to read as follows:
■
§ 178.33b–2
§ 178.33b–4
§ 175.700 Special limitations and
requirements for Class 7 materials.
(a) Except as provided in §§ 173.4a,
173.422 and 173.423 of this subchapter,
no person may carry any Class 7
materials aboard a passenger-carrying
aircraft unless that material is intended
for use in, or incident to research (See
§ 171.8 of this subchapter), medical
diagnosis or treatment. Regardless of its
intended use, no person may carry a
Type B(M) package aboard a passengercarrying aircraft, a vented Type B(M)
package aboard any aircraft, or a liquid
pyrophoric Class 7 material aboard any
aircraft.
*
*
*
*
*
*
(b) [Reserved]
Duties of inspector.
(a) To inspect material and completed
containers and witness tests, and to
reject defective materials or containers.
(b) [Reserved]
§ 178.33b–5
Material.
(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.
§ 178.33b–6
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
Design Qualification Test.
(a) Drop Testing.
(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
E:\FR\FM\14JAR3.SGM
14JAR3
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
(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.
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¥3mbar.l.s¥1 at 20 °C (68 °F). Any
filled container which shows evidence
of leakage, deformation, or excessive
weight must be rejected.
§ 178.502 Identification codes for
packagings.
§ 178.33b–9
(a) * * *
(1) * * *
(vii)(A) The stacking test load in
kilograms (kg). For IBCs not designed
for stacking, the figure ‘‘0’’ and the
symbol for IBCs not capable of being
stacked must be displayed. For IBCs
designed for stacking, the maximum
permitted stacking load applicable
when the IBC is in use must be included
with the symbol for IBCs capable of
being stacked. All IBCs manufactured,
repaired or remanufactured after
January 1, 2011 must display the
applicable symbol as follows:
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]
(B) The symbol shall be not less than
100 mm (3.9 inches) x 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.
*
*
*
*
*
mstockstill on PROD1PC66 with RULES3
(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) or 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
(1) * * *
(i) The IBC need not have its closures
fitted, except that the IBC must be fitted
with its primary bottom closure.
*
*
*
*
*
63. In § 178.801, paragraph (f)(1)(i) is
revised to read as follows:
■
§ 178.801
*
General requirements.
*
*
(f) * * *
VerDate Nov<24>2008
*
*
22:00 Jan 13, 2009
Jkt 217001
61. In § 178.502, paragraph (d) is
revised and a note to the section is
added to read as follows:
■
64. 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
PO 00000
Frm 00071
Fmt 4701
Sfmt 4700
*
*
*
*
*
(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.
62. In § 178.703, paragraph (a)(1)(vii)
is revised to read as follows:
■
§ 178.703
Marking of IBCs.
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
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.
E:\FR\FM\14JAR3.SGM
14JAR3
ER14JA09.003</GPH>
tested must be complete as intended for
transportation.
2269
2270
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations
Issued in Washington, DC on December 30,
2008, under authority delegated in 49 CFR
part 1.
Carl T. Johnson,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. E8–31383 Filed 1–13–09; 8:45 am]
mstockstill on PROD1PC66 with RULES3
BILLING CODE 4910–60–P
VerDate Nov<24>2008
18:46 Jan 13, 2009
Jkt 217001
PO 00000
Frm 00072
Fmt 4701
Sfmt 4700
E:\FR\FM\14JAR3.SGM
14JAR3
]]>Agencies
[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Rules and Regulations]
[Pages 2200-2270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31383]
[[Page 2199]]
-----------------------------------------------------------------------
Part III
Department of Transportation
-----------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration
-----------------------------------------------------------------------
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; Final Rule
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 /
Rules and Regulations
[[Page 2200]]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises 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,
Transport Canada's Transportation of Dangerous Goods Regulations, and
the United Nations Recommendations on the Transport of Dangerous Goods.
These revisions also 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 clarifying 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 is also modifying and
enhancing 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 revisions in conjunction with the
Federal Aviation Administration to enhance the safe transportation of
batteries and battery-powered devices.
DATES: Effective date: February 13, 2009.
Voluntary Compliance Date: PHMSA is authorizing voluntary
compliance beginning January 1, 2009.
Delayed Compliance Date: Except as specified in Sec. Sec. 171.14,
171.25, 172.102, 172.448, and 178.703 as amended herein, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2010.
Incorporation by Reference Date: The incorporation by reference of
the publications adopted in Sec. 171.7 of this final rule has been
approved by the Director of the Federal Register as of February 13,
2009.
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. Overview
A. Amendments To Enhance the Safe Transportation of Batteries
and Battery-Powered Devices
B. Additional Amendments Adopted in This Final Rule
C. Amendments Not Being Adopted in This Final Rule
III. Section-by-Section Review
IV. 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. Environmental Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a notice of proposed rulemaking (NPRM) published July 31, 2008
[73 FR 44804], PHMSA proposed a number of revisions to the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to incorporate recent
updates and revisions to Transport Canada's Transportation of Dangerous
Goods (TDG) regulations, the United Nations Recommendations on the
Transport of Dangerous Goods (UN Recommendations), the International
Maritime Dangerous Goods (IMDG) Code, and the International Civil
Aviation Organization Technical Instructions (ICAO TI) for the
Transport of Dangerous Goods by Air. The UN Recommendations are amended
and updated biennially by the UN Committee of Experts on the Transport
of Dangerous Goods and on the Globally Harmonized System of
Classification and Labeling of Chemicals and serve as the basis for
national, regional, and international modal regulations, including the
IMDG Code, and the ICAO Technical Instructions. The revisions proposed
in the July NPRM cover classification of materials, hazard
communication, and packaging requirements.
The most noteworthy proposals in the July NPRM concerned the
transportation of batteries and battery-powered devices. Specifically,
the NPRM proposed enhanced packaging and hazardous communication
requirements consistent with international standards that address the
electrical hazards posed by batteries and battery-powered devices. In
the NPRM, we proposed the following amendments applicable to the
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.
Clarify the requirements for determining whether a battery
is considered non-spillable. This included designation of a new section
outlining conditions for packaging and transport of batteries
determined to be non-spillable.
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.
Clarify the requirements for transport of dry batteries
including a
[[Page 2201]]
revision of the proper shipping name used to describe dry batteries.
The measures proposed in the NPRM for batteries and battery-powered
devices were intended to harmonize the HMR with applicable
international standards. More importantly, the proposals to amend the
incident reporting requirements related to the transport of batteries
and battery-powered devices would enable the agency to acquire and
assess data on the causes of battery incidents in transportation. We
could then use that information to develop strategies to reduce the
associated risks.
Harmonization of domestic and international standards becomes
increasingly important as the volume of hazardous materials transported
in international commerce grows. 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. By
facilitating compliance, harmonization enhances 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, including an
assessment 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.
To maintain alignment of the HMR with international requirements,
in this final rule, we are incorporating changes based on the Fifteenth
revised edition of the UN Recommendations, Amendment 34 to the IMDG
Code, and the 2009-2010 ICAO TI, all of which become effective January
1, 2009. We are also addressing petitions for rulemaking concerning
harmonization with international standards and additional measures to
facilitate international transportation.
The July NPRM incorporated two separate rulemaking dockets--HM-224D
addressing battery safety issues and HM-215J addressing more general
harmonization issues. The comment period for the proposed rule closed
on September 29, 2008. A total of 33 persons submitted comments in
response to the NPRM. Some of the comments we received were provided in
duplicate to both Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-
0005 (HM-215J). For reader utility, we have listed all comments
received in numerical order by the Document ID number assigned when
submitted, including those submitted in duplicate to each docket. The
following individuals, companies, and organizations submitted comments
to the Docket for HM-224D:
(1) Adrien Tusek (Tusek; PHMSA-2007-0065-0013);
(2) FedEx Express (FedEx; PHMSA-2007-0065-0016);
(3) National Air Carrier Association (NACA; PHMSA-2007-0065-0017);
(4) HMT Associates, LLC (HMT; PHMSA-2007-0065-0018);
(5) Robert Herman (Paralyzed Veterans of America) (PVA; PHMSA-2007-
0065-0020);
(6) Independent Pilots Association (IPA; PHMSA-2007-0065-0021);
(7) United Parcel Service (UPS; PHMSA-2007-0065-0019, 0022);
(8) Arkema, Inc. (Arkema; PHMSA-2007-0065-0023);
(9) Procter & Gamble Company (P & G; PHMSA-2007-0065-0024);
(10) Fedco Electronics, Inc. (Fedco; PHMSA-2007-0065-0025);
(11) U.S. Fuel Cell Council (FCC; PHMSA-2007-0065-0026);
(12) Joseph Schohn (Tyco International) (Tyco; PHMSA-2007-0065-
0027, 0034);
(13) Omni Air International (Omni; PHMSA-2007-0065-0029);
(14) URS Corporation (URS; PHMSA-2007-0065-0030, 0031);
(15) Air Line Pilots Association, International (ALPA; PHMSA-2007-
0065-0032); and
(16) Dangerous Goods Advisory Council (DGAC; PHMSA-2007-0065-0037).
The following individuals, companies and organizations submitted
comments to the Docket for HM-215J:
(1) Signal Administration, Inc. (Signal; PHMSA-2008-0005-0002);
(2) Omni Air International (Omni; PHMSA-2008-0005-0003);
(3) The Fertilizer Institute (TFI; PHMSA-2008-0005-0004);
(4) FedEx Express (FedEx; PHMSA-2008-0005-0005);
(5) HMT Associates, LLC (HMT; PHMSA-2008-0005-0006);
(6) Air Transport Association (ATA; PHMSA-2008-0005-0008);
(7) National Electrical Manufacturer's Association (NEMA; PHMSA-
2008-0005-0009);
(8) Chemical Products and Technology Division (American Chemistry
Council) (CPTD; PHMSA-2008-0005-0010);
(9) Lilliputian Systems, Inc. (Lilliputian; PHMSA-2008-0005-0011);
(10) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2008-0005-
0012);
(11) American Trucking Associations (American Trucking
Associations) (PHMSA-2008-0005-0013);
(12) The Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA; PHMSA-2008-0005-0014);
(13) Battery Council International (BCI; PHMSA-2008-0005-0015);
(14) Portable Rechargeable Battery Association (PRBA; PHMSA-2008-
0005-0017);
(15) International Vessel Operators Hazardous Materials
Association, Inc. (VOHMA; PHMSA-2008-0005-0018);
(16) URS Corporation (URS; PHMSA-2008-0005-0019);
(17) Deeds (Industrial Health & Safety Consultants, Inc.) (Deeds;
PHMSA-2008-0005-0020);
(18) Anderson Products, Inc. (API; PHMSA-2008-0005-0021);
(19) National Transportation Safety Board (NTSB; PHMSA-2008-0005-
0022); and
(20) Dangerous Goods Advisory Council (DGAC; PHMSA-2008-0005-0023).
Commenters were supportive of PHMSA's efforts to harmonize the HMR
with international standards. Many of the proposals in the NPRM are
fully supported by commenters, while others received little or no
comment; these amendments are adopted as proposed. Several comments
were beyond the scope of this rulemaking and are not addressed in this
final rule. Comments are addressed in more detail in the Section-by-
Section Review.
II. Overview
A. Amendments To Enhance the Safe Transportation of Batteries and
Battery-Powered Devices
The most noteworthy amendments in this final rule 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
[[Page 2202]]
are forbidden from transportation unless packaged in a manner that
prevents such an occurrence (Sec. 173.21(c)). Additionally, the
following types of batteries and devices powered by 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 electrical devices without
proper protection and packaging (Sec. 173.21). However, the HMR
currently prescribe no separate or unique classification for
identifying materials that present a hazard in transport based on their
stored electrical energy. This final rule addresses the electrical
hazards posed by batteries and battery-powered devices by enhancing
packaging and hazard communication requirements.
A growing number of incidents involving batteries and battery-
powered devices transported by aircraft have 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 96 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.
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 addition, due 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-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 requirements adopted in this final rule are an important
element of the safety strategy designed to address specific battery-
related hazards not
[[Page 2203]]
adequately addressed by existing HMR requirements.
In this final rule, we are adopting the following amendments to
enhance the safe transportation of batteries and battery-powered
devices:
Requirement to report incidents involving batteries and
battery-powered devices including those that result in a fire, violent
rupture, explosion, or dangerous evolution of heat. Immediate notice
requirements are limited to air transport of batteries and battery-
powered devices.
Clarification of the requirement that batteries and
battery-powered devices and vehicles be offered for transportation and
transported in a manner that prevents short-circuiting, the potential
of a dangerous evolution of heat, damage to terminals, and, in the case
of transportation by aircraft, unintentional activation.
Clarification of the requirements for determining whether
a battery is considered non-spillable. This clarification includes the
designation of a new section outlining conditions for packaging and
transport of batteries determined to be non-spillable.
Requirement for a shipper of batteries dry, sealed to
indicate compliance with applicable special provisions and exceptions
by marking each package with the words ``not restricted'' or, if a
transport document such as an air waybill accompanies a shipment, by
including the words ``not restricted'' on the document.
Elimination of 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.
Clarification of the requirements for the transport of dry
batteries including a revision of the proper shipping name used to
describe dry batteries and a provision to limit the applicability of
transport requirements to a certain size of battery.
As indicated earlier, these amendments will harmonize the HMR with
international standards applicable to the transportation of batteries
and battery-powered devices, improve communication of the standards
pertaining to the transport of batteries and battery-powered devices to
facilitate safe transport of these materials especially by aircraft,
relieve burdens associated with compliance requirements, and provide
data and information to enable PHMSA to develop an understanding of the
causes of battery incidents in transportation and assist us in the
reduction of the associated risks.
Incident reporting. Most batteries are currently excepted from the
incident reporting requirements in the HMR. We believe it is likely
that numerous incidents involving batteries and battery-powered devices
in all modes of transportation are not reported. This under-reporting
has made it difficult to analyze the full body of incidents in
transportation and to assess the full extent of the hazards associated
with transporting batteries and battery-powered devices. In the July
NPRM, we proposed to require immediate (telephonic) notice in
accordance with Sec. 171.15 for all incidents involving shipments of
batteries or battery-powered devices that result in a fire, violent
rupture, explosion, or a dangerous evolution of heat. In addition, we
proposed to require submission of a written incident report in
accordance with Sec. 171.16 for battery related incidents, including
incidents involving battery shipments that are prepared and offered as
excepted from HMR requirements.
We received a number of comments [ALPA, American Trucking
Associations, COSTHA, NEMA, UPS, and VOHMA] supporting the proposal to
require written reports in accordance with Sec. 171.16 of the HMR for
incidents involving shipments of batteries or battery-powered devices
that result in a fire, violent rupture, explosion, or a dangerous
evolution of heat. We also received a number of comments [ALPA, COSTHA,
NEMA, VOHMA] supporting the proposal to require immediate (telephonic)
notice in accordance with Sec. 171.15. However, three commenters
[American Trucking Associations, DGAC, UPS] oppose our proposal to
require immediate notice of incidents involving shipments of batteries
and battery-powered devices as unwarranted and burdensome, especially
on carriers. DGAC does not believe, ``* * * a battery incident would
warrant [an emergency response] and therefore consider[s] reporting of
battery incidents to the NRC an unnecessary reporting burden.''
Additionally, commenters note it would be difficult to determine
whether batteries or battery-powered devices were involved and whether
they were the cause of the incident within the time constraints of
immediate reporting requirements. As indicated by the American Trucking
Associations, experience has shown that for trailer fires ``* * * it is
very difficult to determine the cause of the fire and carriers may not
even know that batteries were present until after the fire is
extinguished.'' UPS indicates ``* * * the new language will create
significant challenges for carriers.'' UPS also notes that
``[e]xperience demonstrates that there are occasions when fires occur
but the cause cannot be determined'' and ``many hours or even days may
be required to identify that the batteries were in the trailer.'' Both
commenters express concern that fire fighters may shift or remove
contents, thus complicating efforts to determine the cause of a fire.
The American Trucking Associations and VOHMA specifically recommend
that immediate notice should apply to air transportation only.
Given the recent incidents involving batteries and battery-powered
devices, we believe incident reporting will provide the data to enable
us to identify the causes of battery incidents and determine whether
additional measures would improve safe transport and help prevent
future incidents. However, we agree with the commenters that immediate
telephonic reporting of incidents that occur during ground
transportation may not be necessary for this purpose. A written report
of the incident submitted in accordance with Sec. 171.16 should
provide sufficient information for us to identify and assess incident
causes without imposing an undue burden on carriers. Since most of the
anecdotal information about battery incidents is associated with
aircraft incidents and because of the inherent safety hazards of air
transport, we continue to believe that air carriers should be required
to provide immediate notice of battery related incidents. Therefore, in
this final rule, we are adopting the amendment to Sec. 171.15 to
include a requirement for immediate notice of incidents involving
shipments of batteries or battery-powered devices transported by
aircraft resulting in a fire, violent rupture, explosion, or dangerous
evolution of heat. Because this change from the incident reporting
provisions proposed in the NPRM will revise the estimated reporting
burden, we are re-calculating the information collection pertaining to
incident reporting and will submit a revised package to the Office of
Management and Budget (OMB). A separate Federal Register notice will be
published pending OMB review (see discussion under ``Paperwork
Reduction Act'').
One of the reporting criteria proposed in the NPRM was for an
incident involving a ``dangerous evolution of heat.'' Several
commenters [American Trucking Associations, COSTHA, FedEx, UPS, VOHMA]
express concern that the criterion is vague and open to interpretation.
The commenters request that we clarify the meaning of a
[[Page 2204]]
``dangerous evolution of heat'' or remove the condition altogether in
order to relieve any potential ambiguity from the incident reporting
requirements for the shipment of batteries or battery-powered devices.
As FedEx states, ``this [term] is subjective and certainly requires
further review or additional clarification.'' We continue to believe
that a requirement to report incidents involving a ``dangerous
evolution of heat'' will assist us to evaluate the potential fire risks
associated with the transportation of batteries and battery-powered
devices. However, we agree that clarification would be helpful. VOHMA
suggests that the reporting requirement should be triggered by visible
evidence of an amount of heat sufficient to be dangerous to packaging
or personal safety to include ``* * * charring of packaging, melting of
packaging, scorching of packaging, or other evidence.'' We agree and
are adding this clarification to the reporting requirements.
Battery safety. In this final rule, we are adopting 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, the
potential of a dangerous evolution of heat, and, for transportation by
aircraft, unintentional activation. We are including 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 protected with non-
conductive caps. We have included language in Sec. Sec. 171.15,
171.16, 172.102 Special Provision 130, 173.21, 173.159, 173.220, and
175.10 to further clarify these requirements.
The HMR include a number of provisions applicable to batteries
installed in vehicles, machinery, or other types of equipment. Section
173.220 establishes 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 final rule, we are adopting
an amendment to require battery-powered vehicles, machinery, and
equipment, including battery-powered wheelchairs and mobility aids, to
conform to the new requirements in Sec. 173.159, paragraphs (a) and
(b), including requirements for protecting terminals and preventing
short-circuiting and unintentional activation. In addition, we are
clarifying 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.
Non-spillable batteries. Section 173.159 establishes requirements
for the transportation of wet batteries, including non-spillable
batteries. If certain conditions are met, non-spillable batteries are
excepted from the HMR. Non-spillable batteries meeting additional
requirements are excepted from all other requirements of the HMR.
Unless all of the conditions specified in Sec. 173.159(d) are met, a
non-spillable battery is fully subject to the HMR as a wet electric
storage battery. International regulations outline the conditions under
which a battery is considered non-spillable and provide packaging
requirements specific to non-spillable batteries. In this final rule,
we are describing in Sec. 173.159(f) the conditions under which a
battery is considered non-spillable and relocating the exceptions
pertaining to non-spillable batteries to a new Sec. 173.159a.
Consistent with international requirements, we are specifying that
batteries are considered ``non-spillable'' when they are capable of
passing a vibration test and a pressure differential test without
leakage. We are also adopting the requirement that non-spillable
batteries must 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 are specifying 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 is designed so
that electrolyte will not flow from a ruptured or cracked case;
The battery is protected against short-circuiting and
securely packaged in strong outer packaging;
The battery is marked ``NONSPILLABLE'' or ``NONSPILLABLE
BATTERY''; and
For transportation by aircraft:
The battery must meet the provisions of Sec.
173.159(b)(2).
One commenter [Tyco] expresses concern regarding shipments of non-
spillable batteries that otherwise appear to meet the requirements for
transport of non-spillable batteries (see Sec. 173.159a), but leak
after being damaged during transportation. The commenter states that it
conducted an internal investigation, which involved test samples of all
non-spillable batteries it utilizes, to determine if those batteries
met the criteria of a ``non-spillable'' battery because they leaked and
contained free liquids. According to the commenter, a number of the
tested batteries exhibited observable leakage, although the
manufacturers and distributors of the batteries had provided
certification and laboratory results showing no failures. Based on this
information, the commenter recommends that PHMSA clarify any ambiguity
surrounding the methodology used to determine whether a battery is
``non-spillable'' to improve safety during the transportation of these
materials. Specifically, the commenter requests PHMSA identify a
testing protocol to determine whether a battery is designed so that
electrolyte will not flow from a ruptured or cracked case.
We commend the efforts of the commenter and appreciate the
information provided in its comments. However, the recommendation
provided by the commenter is outside the scope of this rulemaking as
revisions to the criteria for determination of a non-spillable battery
were not proposed in the NPRM. We will consider this information as
part of our comprehensive strategy aimed at reducing the risks posed by
batteries and battery-powered devices in transportation.
We received two comments [BCI, PRBA] expressing disappointment that
PHMSA did not consider provisions for shipments of non-spillable
batteries transported for recycling or disposal. The commenters
indicate that ``* * * it is almost impossible for shippers of used
batteries to know if nonspillable batteries have been subject to the
required vibration, pressure differential, and `crack test' at 55
[deg]C (131 [deg]F) or marked NONSPILLABLE or NONSPILLABLE BATTERY * *
*'' Both commenters request that PHMSA include a new paragraph in Sec.
173.159
[[Page 2205]]
which would provide relief from these tests for batteries transported
for disposal or recycling. The request by the commenters is beyond the
scope of this rulemaking. We did not propose the addition of a new
paragraph which provides relief from non-spillable test requirements
for shipments of non-spillable batteries intended for recycling or
disposal. However, we will review the merits of this request and
consider it for a future rulemaking.
One commenter [BCI] requests that PHMSA remove the reference to
``batteries manufactured after September 30, 1995'' in the new Sec.
173.159a for exceptions for non-spillable batteries. BCI notes that ``*
* * it is safe to assume that all nonspillable batteries being shipped
today and in the future are manufactured after this date * * *'' We
agree and in this final rule, we are removing the phrase ``batteries
manufactured after September 30, 1995'' from the new Sec. 173.159a.
Battery-powered wheelchairs or other mobility aids. Section 175.10
establishes exceptions for passengers, crewmembers, and air operators.
Currently, the HMR permit a wheelchair or other battery-powered
mobility aid 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
aid or removed and separately packaged. We are concerned, however, that
repeated handling of the battery in a wheelchair or other mobility aid
could result in damage or other problems that could compromise safety.
Moreover, the design batteries and their housing have significantly
improved in recent years. Therefore, in the NPRM, we proposed to revise
Sec. 175.10(a)(15) to eliminate the requirement to disconnect the
terminals when a battery-powered wheelchair or other mobility aid 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
aids.
Three commenters [ALPA, Omni, PVA] support PHMSA's proposal to
eliminate the current requirement to disconnect the terminals when a
battery-powered wheelchair or other mobility aid is transported as
checked baggage provided the wheelchair or mobility aid has an
effective means of preventing unintentional activation. ALPA states,
``* * * [w]e believe this provides an equivalent level of safety and
will prevent inadvertent damage to wheelchairs by airline personnel,
which could lead to a battery incident.'' However, one commenter
[Tusek] expresses concern regarding the proposal to disconnect the
battery if the wheelchair or mobility aid design does not provide an
effective means of preventing unintentional activation. The commenter
is concerned that such a requirement can be satisfied by merely
unplugging a cable from a control unit rather than disconnecting the
battery at the terminal(s). The commenter notes that the cable is still
``live'' and susceptible to ``arcing'' (short-circuiting) if the cable
remains attached to the battery. The commenter provides information
about an incident involving a wheelchair to illustrate the risk
associated with unplugging a wheelchair but allowing the cable or
wiring to remain connected to a battery.
We acknowledge the concerns of the commenter and believe that
additional clarification is warranted. Our review indicates that the
referenced incident could have been prevented by thorough visual
inspection, proper handling, and proper insulation of the terminals.
Additionally, we note that the intent of the provision to disconnect
the battery is to disconnect the battery at the terminals (and insulate
the terminals to prevent short circuits). Unplugging a cable and
leaving it connected to the terminal(s) does not satisfy the
requirement to disconnect the battery and insulate the terminals.
However, requiring the disconnection of batteries at the terminal
results in repeated handling of the battery and increases the potential
of damage or other problems that could compromise safety. Our intent is
to diminish this potential by allowing the battery to remain connected
to the wheelchair or mobility aid if the design provides an effective
means of preventing unintentional activation. Therefore, in this final
rule, we are adopting the requirements as proposed, and including
additional language in the regulatory text in Sec. 175.10(a)(15) to
clarify that when the battery is disconnected, the battery terminals
must also be protected to prevent short circuits.
Waybill notation. In the July NPRM, we proposed to require a
notation to be included on the air waybill accompanying a shipment to
indicate that batteries and battery-powered devices have met all
conditions and requirements for transport as specified in the HMR
without further restriction. A number of commenters [ALPA, American
Trucking Associations, BCI, COSTHA, DGAC, Fedco, FedEx, NEMA, Omni,
PRBA, UPS, URS] addressed the proposed notation. Most commenters oppose
the proposal based on current air carrier practice, inconsistency with
the ICAO TI, and concern that air waybills are not required shipping
documents under the HMR.
Commenters oppose the certification provisions because the HMR do
not specifically require an air waybill. As COSTHA notes, ``* * * [u]se
of an air waybill is not mandated by the HMR and there are few if any
references to an air waybill.'' Additionally, UPS points out that
``[t]his commercial document, used by many air carriers as a contract
of carriage, does not really have any status in the HMR * * *''
Commenters state that the language as written suggests that the
required words ``not restricted'' must appear on an air waybill, in
effect, requiring shipments to be accompanied by an air waybill. Other
commenters stress that the language as proposed in the NPRM is not
consistent with ICAO TI requirements, which require the words ``not
restricted'' when an air waybill is issued. PRBA asserts that ``* * *
PHMSA should clarify that this requirement only applies when an air
waybill is issued * * *'' Two commenters [COSTHA, Omni] suggest that it
would be more appropriate to revise the language to require
confirmation of compliance on an accompanying air waybill or other
document. COSTHA specifically suggests using language similar to
language provided in new section Sec. 173.4a(h)(1), ``* * * if a
document such as an air waybill accompanies a shipment * * *.''
Commenters are also concerned about implementation of such a hazard
communication requirement. Some indicate an inequitable burden on
carriers, especially non-air transport modal carriers. The American
Trucking Associations indicates, ``* * * if a shipper of batteries
fails to indicate this statement on an air waybill used as a shipping
paper, it is extremely unlikely that a motor carrier will be able to
identify the deficiency * * *'' UPS urges PHMSA to proceed carefully
with new documentation requirements and states, ``PHMSA should not
expect carrier personnel routinely to seek information related to
hazardous materials on a document other than a hazardous materials
shipping paper, particularly when the package does not otherwise
require special handling * * *.'' Commenters also note that use of an
air waybill is not standard across the air carrier industry, and that
carriers and industry are becoming more
[[Page 2206]]
automated and moving towards a paperless system for shipments.
According to UPS, ``Millions of air shipments, including those in the
UPS small package service, move every day without an accompanying air
waybill. The vast majority of such small package service shipments are
transported with an address label affixed to the package * * * PHMSA's
proposal depends on the unfounded assumption that an air waybill will
be generated for every air shipment * * *.'' FedEx adds, ``We estimate
that well over 50% of shipments offered to FedEx Express do not have a
paper air waybill.''
Two commenters [NACA, Omni] note that in many cases the carrier or
freight forwarder prepares the air waybill and disagree with PHMSA's
premise that including the words ``not restricted'' on an air waybill
allows a carrier or freight forwarder to verify that the shipper has
complied with applicable requirements. According to Omni, ``* *
*[w]here the consignor tenders a material or article to an aircraft
operator or freight forwarder and the operator's or freight forwarder's
agent prepares the air waybill, the stated intent of the PHMSA may not
be satisfied.'' Omni suggests PHMSA require the confirmation of
compliance on the accompanying air waybill or other transport document
to permit the endorsement in a form other than the air waybill prepared
by the operator or freight forwarder. NACA suggests requiring the
shipper to submit written verification that the shipment is determined
to be ``not restricted'' or requiring the shipper endorsement of an air
waybill prepared by a carrier or the freight forwarder.
Recent incidents involving batteries and battery-powered devices
suggest that shippers may not be aware of all the HMR requirements
applicable to shipments of these items. Moreover, the lack of a
declaration or some other type of shipment identification accompanying
these shipments to air carriers may result in unsafe handling during
transportation. We believe that a requirement to indicate on a shipping
document or other media that the shipment conforms to all applicable
requirements will enhance safety through increased awareness on the
part of both shippers and carriers.
It was not our intent to specifically require the use of an air
waybill to communicate conformance. We agree with commenters that
recommend consistency with ICAO TI requirements to include the words
``not restricted'' when an air waybill is issued. However, in light of
comments submitted indicating that not all shipments are accompanied by
an air waybill, limiting the requirement to ``when an air waybill is
issued'' does not satisfy the intent of communicating conformance with
the HMR. Therefore, as suggested by COSTHA, we are revising the
language to be similar to the ``excepted quantities'' documentation
requirements to specify that ``if a document such as an air waybill
accompanies a shipment, the words `not restricted' must be provided on
the document.'' The documentation we refer to is some form of transport
documentation prepared to accompany the shipment. To assist the
communication process, we recommend including the words ``not
restricted'' on the top page of a multiple page document in a manner
clearly distinguishing the required words from other text. In addition,
to reduce the paperwork burden that may result from this requirement,
in this final rule, we are adopting an alternative means of
communicating conformance. Specifically, a shipper may elect to mark
each package containing batteries or battery-powered devices with the
words ``not restricted'' in lieu of placing the words on a transport
document accompanying the shipment. Finally, in response to commenters'
concerns that this amendment will impose additional documentation-
related burdens, we are recalculating the related information
collection pertaining to shipping papers and will submit a revised
package to OMB. A separate Federal Register notice will be published
pending OMB review (See discussion under ``Paperwork Reduction Act'').
Note that the requirement to include the notation ``not
restricted'' on an air waybill, shipping document, or as a package
marking applies to cargo shipments of dry, sealed batteries that are
greater than 9 volts. Other types of batteries, including lithium
batteries and non-spillable batteries, are already subject to hazard
communication requirements in the form of shipping documentation and/or
package markings and labels.
We are not adopting our proposal for an air waybill certification
requirement for other types of hazardous materials shipments. See the
discussion later in this preamble.
Conforming amendments. In the July NPRM, we proposed a number of
conforming amendments to ensure that batteries are transported in
accordance with the proposed requirements in Sec. 173.159. For
example, Sec. 173.21 currently prohibits the transportation of
electrical devices unless packaged to prevent the creation of sparks or
generation of a dangerous amount of heat. In the NPRM, we proposed to
revise this paragraph to clarify that the term ``electrical devices''
includes ``batteries'' and ``battery-powered devices.'' We also
proposed 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 the potential of a
dangerous evolution of heat, 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 to the proposed amendments, in this final rule, we are adding
clarifying language that the requirements in Special Provision 130 for
dry batteries transported by air only apply to shipments of batteries
whose voltage (electrical potential) exceeds 9 volts.
We received a number of comments [BCI, NEMA, Omni, PRBA,UPS, URS]
generally supporting our efforts to clarify requirements for preventing
short circuits and inadvertent activation as well as our proposal to
include examples of packaging methods to meet performance standards.
However, several commenters [NEMA, PRBA, URS] oppose the current
structure of the regulatory text outlining examples of packaging
methods to prevent short circuits for batteries excepted under Sec.
172.102, Special Provision 130. Specifically, commenters are concerned
with the examples we provided to package each battery when practicable
in fully enclosed inner packagings or separating the batteries in a
manner to prevent contact with other batteries, devices or conductive
materials. The commenters are also concerned that this language would
disallow the current practice of retail packaging commonly referred to
as ``blister packs'' and volume packaging of batteries. Commenters note
that during volume packaging of batteries, batteries are packaged in
such a manner that the metal sides or jackets of the batteries contact
one another, but are positioned and packaged so that there is no
terminal-to-terminal contact or terminal-to-metal contact, and there is
no shifting of the contents to allow such contact.
We agree with the commenters that clarification of the proposed
language may be warranted. The intent of including the examples of
methods to protect from short circuits is to assist shippers to
identify specific methods of achieving the standard. As UPS notes
``[t]he inclusion of these examples will lead to better understanding
of the specific steps required to prevent incidents in
transportation.'' Our intent is not to prohibit a method of packaging
[[Page 2207]]
that has a track record of safe transport. Indeed, we have issued
previous interpretive guidance indicating that battery-to-battery
contact is not prohibited provided there is no contact between battery
terminals, battery terminals and conductive material, or shifting that
would allow such contact. Therefore, in this final rule, we are
revising the proposed language in Sec. Sec. 172.102, Special Provision
130 and 173.159 to clarify the requirements.
One commenter [Omni] expresses concern that FAA requirements in 14
CFR Part 382 no longer align with the requirements in Parts 171 through
175 because of proposed revisions to Sec. Sec. 173.159 and 175.10.
Omni encourages agencies within DOT to coordinate efforts to ensure
requirements from the respective agencies align. We agree that
alignment within the agencies is necessary; however, we are not aware
of any conflict.
One commenter [BCI] indicates that we did not clearly state the
numerous ways protection against short circuits and generating a
dangerous quantity of heat can be achieved. BCI points out that ``* *
*certain batteries are designed in such a way to prevent short
circuits, and thus need not be subject to additional packaging
requirements. (Examples include, but are not limited to, recessed
battery terminals.)* * *'' BCI recommends that PHMSA incorporate design
considerations into the transport requirements for batteries or
battery-powered devices. We agree. The requirements are not intended to
regulate the design of these materials but allow for designs that
conform to the requirements. For instance, the requirements allow for
compliance with the requirement to protect against damage to terminals
through design implementation such as recessed battery terminals.
In the July NPRM, we also proposed 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 final rule, we are extending the
requirements for incident reporting and enhanced packaging to cover all
batteries and battery-powered devices. Therefore, we are removing the
entry ``Batteries, dry, not subject to the requirements of this
subchapter'' and adding a new entry, ``Batteries, dry, sealed, n.o.s.''
to the HMT.
It should be noted 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 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 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.
The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' is being revised by adding to column (7) a reference
to new Special Provision 237. The new special provision specifies that
``Batteries, dry, containing potassium hydroxide solid, electric
storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a), (b), and (c), and for transportation
by aircraft, Sec. 173.159(b)(2). The entry ``Batteries, wet, non-
spillable, electric storage'' is revised by adding to column (8A), a
reference to new Sec. 173.159a.
Section 173.189 establishes transportation requirements for
batteries containing sodium or cells containing sodium. In the NPRM, we
proposed 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.'' This
amendment is being adopted as proposed.
Section 176.84 contains additional stowage and segregation
requirements for hazardous materials on cargo and passenger vessels. In
this final rule, in order to 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.
Lithium batteries. Except for incident reporting requirements, the
July NPRM did not propose any amendments pertaining to the
transportation of lithium batteries. PHMSA is continuing 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.
Three commenters [ALPA, Fedco, Omni] express disappointment that
PHMSA is not proposing any amendments pertaining to the transportation
of lithium batteries. One commenter [Fedco] is, ``appalled to find * *
* 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.'' Fedco notes the burden this places on
its company by requiring ``extreme diligence'' when shipping lithium
cells and batteries because of the dual shipping and packaging
requirements and strongly urges PHMSA to fully harmonize with the UN
Recommendations. Omni also expresses concern but requests that, ``* * *
at a minimum, the PHMSA incorporate in to Sec. 172.101 the three new
lithium ion battery proper shipping names and the three replacement
lithium metal battery proper shipping names that come into effect
internationally * * *'' as of January 1, 2009. An additional commenter
[NEMA] requests clarification of the weight limitations for packages of
small lithium cell and batteries.
We appreciate the concerns expressed by shippers about the
challenges involved with complying with differing regulatory standards
and requirements. However, it should be noted that because the HMR
permit compliance with ICAO requirements for air shipments, the new
proper shipping names may be used for air transportation, both
domestically and internationally, and for transportation by motor
vehicle and rail immediately before or after being transported by
aircraft. Further, as stated in the NPRM, we plan to complete an
assessment of the costs and benefits of further restrictions and
available alternatives before developing additional lithium battery
rulemaking proposals. Therefore, except for incident reporting
[[Page 2208]]
requirements and some clarifying language for protection against short
circuits, this final rule does not adopt amendments pertaining to the
transportation of lithium batteries. 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.
B. Additional Amendments Adopted in This Final Rule
In addition to the battery-related amendments detailed above, in
this final rule, we are adopting 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 Sec.
172.101 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.
Additionally, we are revising several entries in the HMT to correct
typographical errors.
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 adopting 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. 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. We proposed to 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. Based on our review of comments regarding the proposed air
waybill requirements for ``not restricted'' materials and based on past
history of safe transportation of these excepted materials, in this
final rule, we are not adopting the incident reporting requirement as
proposed for those materials excepted in Sec. Sec. 173.162, 173.164,
173.166, 173.186, 173.306, and 173.307. However, we are adopting our
proposals to revise the exceptions and Special provisions applicable to
batteries to include incident reporting requirements because there is a
greater need to collect data as is discussed in the above Section A. We
will continue to review the merits of the proposal and may reconsider
the proposed amendments for a future rulemaking.
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, TDG, UN Recommendations, and
the addition of two new International
