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; Correction, 63-74 [E9-30556]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate.
[FR Doc. E9–31153 Filed 12–31–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, and
178
[Docket Nos. PHMSA–2007–0065 (HM–224D)
and PHMSA–2008–0005 (HM–215J)]
RIN 2137–AE54
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; Correction
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AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; corrections.
SUMMARY: On January 14, 2009, the
Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a
final rule amending the Hazardous
Materials Regulations (HMR) 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. The revisions were
necessary to harmonize the HMR with
recent changes to the International Civil
Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, Transport Canada’s
Transportation of Dangerous Goods
Regulations, and the United Nations
Recommendations on the Transport of
Dangerous Goods. These revisions also
included amendments and clarifications
addressing the safe transportation of
batteries and battery-powered devices.
This final rule corrects several errors in
the January 14, 2009 final rule.
DATES: Effective date: The effective date
of these amendments is January 4, 2010.
Applicability date: These amendments
are applicable beginning January 1,
2010.
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FOR FURTHER INFORMATION CONTACT:
Charles Betts, Office of Hazardous
Materials Standards, telephone (202)
366–8553, or Shane Kelley,
International Standards, telephone (202)
366–0656, Pipeline and Hazardous
Materials Safety Administration.
SUPPLEMENTARY INFORMATION:
I. Background
On January 14, 2009, PHMSA
published a final rule under Docket
Numbers PHMSA–2007–0065 (HM–
224D) and PHMSA–2008–0005 (HM–
215J) [74 FR 2200] revising the
Hazardous Materials Regulations (HMR)
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. The
revisions were necessary to harmonize
the HMR with recent changes to the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air (ICAO TI), the
International Maritime Dangerous
Goods Code (IMDG Code), Transport
Canada’s Transportation of Dangerous
Goods Regulations (TDG Regulations),
and the United Nations
Recommendations on the Transport of
Dangerous Goods (UN
Recommendations). These revisions also
included amendments and clarifications
addressing the safe transportation of
batteries and battery-powered devices.
This final rule corrects several errors in
the final rule. Because these
amendments do not impose new
requirements notice and public
comment procedures are unnecessary.
II. Appeals to the Final Rule
We received two appeals to the
January 14, 2009 final rule from the
Dangerous Goods Transport Consulting,
Inc. (DGTC) and HMT Associates, LLC.
Both DGTC and HMT Associates
express concerns about the provisions of
the final rule applicable to the
transportation of fuel cell cartridges.
These appeals are discussed in detail
below.
A. Dangerous Goods Transport
Consulting, Inc.
The January 14, 2009 final rule
revised the requirements for the
transportation of fuel cell cartridges
under § 173.230 of the HMR (49 CFR
Parts 171–180). In addition to the proper
shipping name for flammable liquid fuel
cell cartridges (UN3473) already
included in the § 172.101 Hazardous
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63
Materials Table (HMT), the final rule
added four new proper shipping names
to the HMT to describe the range of
fuels used in fuel cell cartridges:
‘‘Water-reactive substances,’’ UN3476;
‘‘Corrosive substances,’’ UN3477;
‘‘Liquefied flammable gas,’’ UN3478;
and ‘‘Hydrogen in metal hydride,’’
UN3479.
As indicated by the expanded list of
proper shipping names, fuel cell
cartridges contain a number of different
types of fuels with distinct hazards.
Because of this variety of fuel types, we
also amended § 173.230 to provide
comprehensive requirements including
packaging to address the hazards for all
fuel cell cartridge types. In its appeal,
DGTC expressed concern that the
provision in § 173.230(g) prohibiting the
air transport of fuel cell cartridges as
limited quantities is not practical,
reasonable or in the public interest.
Specifically, DGTC asserts its
understanding that prohibiting the air
transport of fuel cell cartridges as
limited quantities is not consistent with
provisions in § 173.230(h) that allow
fuel cell cartridges conforming to
§ 173.230(g) and defined as consumer
commodities to be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
since consumer commodities are
authorized for transport by air in
Column (9) of the HMT for the entry
‘‘Consumer commodity.’’ DGTC also
asserts inconsistency with HMR
provisions that allow for air transport of
limited quantities of the fuel types
typically found in the fuel cell
cartridges in inner packagings subject to
less stringent requirements than those
for the fuel cell cartridges themselves.
DGTC further contends that the
prohibition imposes unwarranted
additional transportation costs and
places emerging fuel cell technologies at
a competitive disadvantage with other
portable sources of electric power such
as batteries and could be detrimental to
their development as an alternative
energy source.
The requirements applicable to the
transportation of fuel cells adopted in
the January 14, 2009 final rule were
initially proposed in a notice of
proposed rulemaking (NPRM) published
July 31, 2008 (73 FR 44820) and are
consistent with standards adopted
internationally in the revised editions of
the ICAO TI, the IMDG Code, and the
UN Recommendations. Commenters to
the NPRM supported the fuel cell
proposals; no commenter addressed the
potential economic impact of the
proposals. We note, with regard to
DGTC’s concern about the economic
impact of the limited quantity
prohibition, that harmonization
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promotes safety and facilitates
international trade by minimizing the
costs and other burdens of complying
with multiple or inconsistent safety
requirements. Thus, the benefits of a
harmonized domestic and international
transportation regime outweigh the
costs that may be incurred. As DGTC
acknowledged in its appeal, the 2009–
2010 ICAO TI also prohibit the
transportation of fuel cell cartridges as
limited quantities on aircraft.
Authorizing limited quantity exceptions
for fuel cell cartridges in the HMR
would be inconsistent with the ICAO TI;
such differing domestic and
international requirements could cause
confusion for both shippers and carriers,
thereby adversely affecting safety.
We agree that the prohibition of air
transport of limited quantities of fuels
when contained in fuel cell cartridges is
inconsistent with the current
authorization that allows for air
transport of limited quantities of the
same fuels found in fuel cell cartridges
when shipped under the proper
shipping name appropriate to the fuel
(e.g., ‘‘Methanol, UN1230’’). The ICAO
Dangerous Goods Panel is currently
considering adoption of limited quantity
exceptions, based in part on a proposal
from the U.S. Fuel Cell Council (FCC).
Based on the decision of the ICAO
Dangerous Goods Panel, we will
consider adopting limited quantity
exceptions for air transport of fuel cell
cartridges in a future rulemaking.
Therefore, in this final rule, we are not
revising the current prohibition of air
transport of fuel cell cartridges as
limited quantities.
B. HMT Associates, LLC
The January 14, 2009 final rule also
revised the packaging requirements for
the transportation of fuel cell cartridges
under § 173.230 of the HMR.
Specifically, paragraph (e) of this
section provides for authorized
packagings; paragraph (f) sets forth
additional requirements for
transportation by aircraft. HMT
Associates expressed concern that the
provision in § 173.230(e) to require
intermediate packaging for fuel cell
cartridges packed with equipment for all
modes of transportation, not just air
transport, differs from the packaging
requirements for fuel cell cartridges
packed with equipment under
international standards for highway,
rail, and vessel transport. Specifically,
HMT Associates states:
As it relates to fuel cell cartridges packed
with equipment, the [UN Recommendations,
as well as the IMDG Code] Packing
Instruction P004 requires: [f]or fuel cell
cartridges * * * packed with equipment,
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strong outer packagings. When fuel cell
cartridges are packed with equipment, they
shall be packed in inner packagings or placed
in the outer packaging with cushioning
material or divider(s) so that the fuel cell
cartridges are protected against damage that
may be caused by the movement or
placement of the contents within the outer
packaging.
With regard to the packaging
requirements for fuel cell cartridges
packed with equipment in the January
14, 2009 final rule, § 173.230(e)(2)(i)
requires fuel cell:
Cartridges packed with equipment to 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.
HMT Associates noted that the use of
an intermediate packaging is required
under the ICAO TI only when fuel cell
cartridges packed with equipment are
transported by aircraft (re: Packing
Instruction 217).
Additionally, HMT Associates
indicated that the wording of
§ 173.230(e)(2)(i) as adopted in the final
rule is not as it was proposed in our
NPRM. The wording was revised based
on a comment submitted to the docket
by FCC. The NPRM did not propose use
of an intermediate packaging. In the
preamble of the final rule [74 FR 2223],
we agreed with FCC that the packaging
requirements should be consistent with
the UN Recommendations and the ICAO
TI and indicated that revisions made to
the regulatory text of the NPRM were
intended to achieve consistency.
Finally, HMT Associates indicated
that under the additional provisions for
transportation by aircraft in § 173.230(f),
the language specific to packaging
requirements for fuel cell cartridges
packed with equipment in the final rule
differs from the proposed language in
the NPRM. They noted that the
proposed language is consistent with
international standards by limiting the
intermediate packaging requirement to
the additional requirements for air
transport rather than the language in the
final rule that has additional
requirements supplementing the general
requirements for transport of fuel cell
cartridges packed with equipment and
transported by all modes.
HMT Associates is correct that the
final rule language highlighted in its
appeal was adopted in error. We
intended that the requirement for
intermediate packaging of fuel cell
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cartridges packed with equipment
should be limited to packaging prepared
for air transport consistent with the
ICAO TI. This is also consistent with the
suggested revisions to § 173.230(e) and
(f) in comments we received from FCC
in response to the July 31, 2008 NPRM.
FCC suggested that we revise the
language in paragraph (f) to include a
requirement that:
For transportation by aircraft * * * when
fuel cell cartridges are packed with
equipment, they must be packed in
intermediate packagings together with the
equipment they are capable of powering
* * *.
Therefore, HMT Associates’ appeal is
granted. In this final rule, we are
correcting paragraphs (e)(2)(i) and (f)(4)
in § 173.230 to fully align the fuel cell
cartridges packaging requirements with
the multimodal packing requirements as
prescribed in ICAO TI Packing
Instruction 217 and UN
Recommendations Packing Instruction
P004. We are also making clarifying
corrections to paragraphs (e) and (f) for
consistency with changes made based
on the appeal and for consistent use of
terms in the section. For example, in
paragraph (f)(2) we are correcting ‘‘fuel
cells’’ to read ‘‘fuel cell cartridges’’ to
clarify the applicability to fuel cell
cartridges.
III. Corrections and Amendments
In this final rule, we are making
editorial corrections and clarifying
amendments to sections that were
amended by the January 14, 2009 final
rule for purposes of consistency with
grammatical conventions and for
consistency with similar provisions
within the HMR. We are also making
conforming amendments to sections in
the HMR affected by the January 14,
2009 final rule. None of the clarifying or
conforming amendments are new
requirements but provide for a better
understanding of the requirements
adopted in the January 14, 2009 final
rule. The corrections and amendments
are as follows:
Part 171
Section 171.7
This section lists material
incorporated by reference into the HMR.
In the January 14, 2009 final rule, we
updated the address for ICAO reference
materials; however, we did not include
the most current address. In this final
rule, we are correcting the entry to
reflect the current address.
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Part 172
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Section 172.101
This section outlines the purpose and
instructions for use of the Hazardous
Materials Table (HMT). We are
removing an obsolete transitional period
in paragraph (l)(3) and replacing it with
a transition period specific to marking
of cylinders containing ‘‘Chlorine,
UN1017.’’ Under HM–215J, we revised
the proper shipping name entry for
‘‘Chlorine’’ to include Division 5.1
(oxidizer) as an additional subsidiary
hazard. Based on this revision, chlorine
cylinders marked in accordance with
CGA C–7, Appendix A (see § 172.400a)
must now include the Division 5.1
subsidiary hazard number as part of the
marking. To allow for additional time to
incorporate this subsidiary hazard
number as part of the marking, we are
authorizing the use of preprinted
cylinder markings without the Division
5.1 subsidiary hazard number until
January 1, 2011.
We are also making a number of
editorial corrections to entries in the
§ 172.101 Hazardous Materials Table
(HMT). The editorial corrections are as
follows:
• For the entry ‘‘Gasoline includes
gasoline mixed with ethyl alcohol, with
not more than 10% alcohol, UN1203,’’
the Special provisions in Column (7) are
corrected to read ‘‘144, 177, B1, B33,
IB2, T4, TP1.’’
• 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., or
Biomedical waste, n.o.s. or Medical
waste, n.o.s., UN3291’’ is corrected to
read ‘‘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., UN3291.’’ This correction
is a ‘‘remove/add.’’
• The proper shipping name for the
entry ‘‘Trimethyltrichlorosilane,
UN1298’’ is corrected to read
‘‘Trimethylchlorosilane.’’ This
correction is a ‘‘remove/add.’’
• The information contained in the
HMT for the following entries is being
corrected by placing the information in
the appropriate Columns of the:
Æ ‘‘Receptacles, small, containing gas
or gas cartridges (non-flammable)
without release device, not refillable
and not exceeding 1 L capacity,
UN2037.’’
Æ ‘‘Receptacles, small, containing gas
or gas cartridges (oxidizing) without
release device, not refillable and not
exceeding 1 L capacity, UN2037.’’
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Section 172.202
This section sets forth requirements
for the description of hazardous
materials on shipping papers. In
paragraph (a)(4) of this section, we are
correcting the last sentence to enclose
the phrase ‘‘for example, ‘‘PG II’’ ’’ in
parentheses. The parentheses were
inadvertently omitted in the January 14,
2009 final rule.
Section 172.322
This section specifies marking
requirements for packaging used to
transport marine pollutants. In
paragraph (e)(2)(i), the number ‘‘4’’ is
corrected to read ‘‘3.9’’ and in paragraph
(e)(2)(ii), the number ‘‘10’’ is corrected
to read ‘‘9.8’’ for consistency with
similar marking and labeling size
specification requirements in the HMR.
Section 172.407
This section establishes specifications
for labels printed on or affixed to
packaging. In the January 14, 2009 final
rule, we adopted a new CARGO
AIRCRAFT ONLY label in § 172.448 of
the HMR. The new label contains text
that differs from the previous label—
specifically, the phrase ‘‘CARGO
AIRCRAFT ONLY’’ replaces the word
‘‘DANGER.’’ When we adopted the new
label, we failed to make conforming
amendments to the label specifications
in § 172.407 that reference text from the
old label. In this final rule, we are
amending paragraph (c)(2) of § 172.407
to correctly reference the phrase
‘‘CARGO AIRCRAFT ONLY’’ and
amending the text size specifications to
require the letters to measure at least 6.3
mm (0.25 inches) in height. The size
requirement for the letters has been
reduced to accommodate the greater
amount of text that must be displayed
on the label as shown in § 172.448.
Section 172.448
This section specifies the design of
the ‘‘CARGO AIRCRAFT ONLY’’ label.
For consistency with the revisions
discussed above in § 172.407, we are
amending paragraph (c) of this section
to emphasize conformance with the
label specifications for a ‘‘CARGO
AIRCRAFT ONLY’’ label in § 172.407 in
addition to the specifications outlined
in paragraph (c) of this section.
Part 173
Section 173.4a
This section specifies conditions for
exception from the HMR requirements
for the transport of excepted quantities
of hazardous materials. In this final rule,
we are amending the language for inner
packaging limits in paragraph (c)(1) to
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65
clarify the intent in the January 14, 2009
final rule that the provision applies to
both primary and subsidiary hazards for
Division 6.1 Packing Group I and II,
solids and liquids. We are also
correcting paragraphs (e)(3)(i) and (g)(2).
In paragraph (e)(3)(i), we are removing
the phrase ‘‘[i]n such cases, and’’ which
is extraneous language that was
inadvertently included with the
paragraph and in paragraph (g)(2), we
are correcting the word ‘‘symbol’’ to
read ‘‘marking’’ to clarify that the size
requirements are intended to apply to
the size of the marking and not the size
of the symbol within the marking.
Section 173.29
This section specifies requirements
for the transport of empty packagings
containing only the residue of a
hazardous material. In the January 14,
2009 final rule, we revised § 173.115
with respect to classification of Division
2.2 material by adopting the gauge
pressure criteria of 200 kPa (29.0 psig)
but failed to make a conforming revision
to the Division 2.2 classification criteria
in this section. In this final rule, we are
amending § 173.29(b)(2)(iv)(B) for
consistency with the new classification
criteria for Division 2.2 material in
§ 173.115.
Section 173.62
This section specifies authorized
packaging for explosive materials. In
this final rule, in paragraph (c)(5), we
are amending Packing Instruction
114(b)(2) by correcting the words ‘‘packagings’’ and ‘‘pre-vented’’ to read
‘‘packagings’’ and ‘‘prevented,’’
respectively.
Section 173.115
This section establishes the
classification criteria for Class 2,
Division 2.1, 2.2, and 2.3 gases. In this
final rule, for the Division 2.2 nonflammable, nonpoisonous gas criteria in
paragraph (b)(1), we are correcting the
gauge pressure number ‘‘25.9’’ to read
‘‘29.0’’. This correction reflects an error
in conversion of the unit of measure and
is not a revision to the classification
criteria.
Section 173.159a
The section specifies the conditions
for exception from the HMR
requirements for the transport of nonspillable batteries. In this final rule, we
are correcting the section heading
‘‘Exceptions for Non-spillable batteries’’
to read ‘‘Exceptions for non-spillable
batteries.’’ In addition, in paragraph (b),
we are correcting the word
‘‘nonspillable’’ in each place it appears
to read ‘‘non-spillable.’’
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Section 173.206
This section specifies the packaging
requirements for chlorosilanes. In the
January 14, 2009 final rule, we added
this new packaging section to the HMR
to harmonize with new packaging
requirements for water-reactive
chlorosilanes adopted in the Fifteenth
revised edition of the UN
Recommendations. In our effort to
harmonize with the international
standards, we inadvertently omitted the
authorization to use cylinders for these
materials. Cylinders were previously
authorized for use in transport of these
materials under §§ 173.201 and 173.202.
In this final rule, we are correcting
paragraph (c) by reinstating the
authorization to use certain cylinders
for transport of these materials. We note
that aluminum cylinders should not be
used for the transport of these materials
due to safety concerns of
incompatibility of aluminum and waterreactive chlorosilanes. We may adopt
revisions to the packaging provisions
prohibiting the use of aluminum
cylinders for these materials in a future
rulemaking.
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Section 173.220
This section specifies the conditions
for transportation of internal
combustion engines, vehicles, and
mechanical equipment and batterypowered vehicles and equipment. In the
January 14, 2009 final rule, we clarified
the provisions for the transport of
batteries and battery-powered devices
including the transport of vehicles and
equipment powered by batteries. In
paragraph (d), we included an incorrect
reference to § 173.185 regarding an
exception to the prohibition of lithium
metal batteries aboard passengercarrying aircraft. In this final rule, we
are correcting paragraph (d) to reference
the correct provision, specifically,
§ 172.102, Special Provision A101.
Section 173.230
This section specifies packaging
requirements for fuel cell cartridges. Per
the section II discussion of HMT
Associates’ appeal, in this final rule, we
are correcting paragraphs (e)(2) and (f)
in § 173.230 to clarify and align fully the
fuel cell cartridge packaging
requirements with the multimodal
packing requirements as prescribed in
the ICAO TI Packing Instruction 217
and UN Recommendations Packing
Instruction P004.
Sections 173.306
This section specifies conditions for
exception from the HMR requirements
for transportation of limited quantities
of compressed gases. In the January 14,
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2009 final rule, we adopted provisions
for the transportation of limited
quantities of Division 2.2 (nonflammable) compressed gases in
nonrefillable plastic receptacles
packaged in a strong outside packaging.
These provisions are set forth in
conditions for shipment of these gases
in specification 2S and non-DOT
specification plastic containers
(§ 173.306(a)(5)) and in a new
specification 2S for the construction of
these plastic containers (§ 178.33b). See
74 FR at 2265, 2268–69. These
requirements are consistent with
revisions adopted in the Fifteenth
revised edition of the UN
Recommendations (6.2.4.2.2) and the
2009–2010 edition of the ICAO TI
(6;5.4.2.3). We concluded that these
inner plastic containers provide a level
of safety equivalent to other authorized
packaging, and we could eliminate the
need for issuance of a special permit to
allow the use of plastic containers for
transport of limited quantities of
Division 2.2 gases with no subsidiary
risk.
Inner metal containers authorized for
transport of limited quantities of
compressed gas have historically been
subjected to a hot water bath after filling
to ensure the containers are free of leaks
prior to being offered for transportation.
See § 173.306(a)(3)(v). Consistent with
UN Recommendations and the ICAO TI,
in the January 14, 2009 final rule, we
adopted in § 173.306(a)(5)(v) a similar
hot water bath test requirement for the
specification 2S and non-DOT
specification plastic containers. The hot
water bath for plastic containers must be
performed at temperatures and for a
duration sufficient to achieve internal
pressure requirements. These elevated
temperatures may be destructive to the
contents of containers or to the material
of construction of plastic containers.
Thus, the hot water bath test includes
instruction for containers with contents
sensitive to heat or containers made of
plastic materials which soften at higher
temperatures to be tested at a lower
temperature. However, in adopting the
hot water bath provisions, we
inadvertently left out the language
specific to plastic materials which
soften at the test temperature. In this
final rule, we are correcting paragraph
(a)(5)(v) to include language that plastic
materials which soften at the higher test
temperature of the hot water bath must
be tested at the lower temperature range
of 20 °C (68 °F) to 30 °C (86 °F).
Additionally, as part of the conditions
for the shipment of limited quantities of
Division 2.2 (non-flammable)
compressed gases in plastic containers,
we intended to adopt test methods
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alternative to the hot water bath test in
§ 173.306, specifically, pressure and
leakage tests subjected to each container
prior to filling and a leakage test
subjected to each container after filling.
The provisions for alternative pressure
and leakage tests to the hot water bath
were incorrectly placed in § 178.33b–8,
rather than in § 173.306 where they
properly belong. In doing so, we
inadvertently required manufacturers of
the specification 2S plastic containers to
perform the alternative pressure and
leakage tests as part of their production
run and then also required the filler to
perform the hot water bath test. This
misplacement of the pressure and
leakage tests would put domestic
manufacturers or fillers at a
disadvantage as they are not afforded
the opportunity to utilize these tests as
an alternative to the hot water bath test
as they would be if transporting under
the ICAO TI or under other international
regulations that have adopted these
provisions based on the UN
Recommendations. We believe this
intent was understood by the public and
the regulated community. Therefore, to
correct this error, in this final rule, we
are (1) removing the alternative pressure
and leakage test method provisions
currently found in § 178.33b–8(b); (2)
adding these provisions to § 173.306 as
a new paragraph (a)(5)(vi); and (3)
redesignating current paragraph
(a)(5)(vi) containing the packaging
marking requirements as new paragraph
(a)(5)(vii).
Part 175
Section 175.10
This section specifies conditions for
exception from the HMR requirements
for the transport of hazardous materials
aboard passenger aircraft by passengers,
crewmembers, and air operators. In the
January 14, 2009 final rule, we revised
paragraph (a)(18) to expand the types of
fuel cell cartridges permitted in carry-on
baggage. Fuel cell cartridges permitted
for transport by passengers and
crewmembers must continue to conform
to the rigorous performance criteria
outlined in this section. For consistency
with the provisions for fuel cell
cartridges in § 173.230, in this final rule,
we are clarifying paragraph (a)(18) of
this section to indicate that the
maximum quantity of fuel for hydrogen
in a metal hydride fuel cell cartridges is
based on the water capacity of the fuel
cell cartridges rather than the net
quantity of fuel as is the case of all other
types of fuels. Also, in this final rule, we
are correcting a grammatical error in
paragraph (a)(15)(iv)(B) by correcting
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
‘‘§ 178.33b–8 Production Tests’’ to read
‘‘§ 178.33b–8 Production tests’’ and
correcting paragraph (b) by removing
the pressure and leak test requirements
as discussed in § 173.306 above.
the ‘‘,’’ (comma) at the end of the
subparagraph to read ‘‘;’’ (semicolon).
Part 178
Section 178.33b
In this final rule, we are correcting the
section heading ‘‘Specification 2S; inner
nonrefillable plastic receptacles
[Reserved]’’ to read ‘‘Specification 2S;
inner nonrefillable plastic receptacles.’’
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Section 178.33b–7
This section specifies design
qualification testing requirements for
Specification 2S packaging. In this final
rule, we are correcting the section
heading ‘‘§ 178.33b–7 Design
Qualification Test’’ to read ‘‘§ 178.33b–
7 Design qualification test.’’ We are also
correcting paragraph (a) to specify that
the drop test requirements apply to each
new design rather than each container.
The current wording ‘‘container type’’
used in paragraph (a) comes from the
British Standard BS 5597:1991
(paragraph 2.11) in which ‘‘type testing’’
is defined as testing to indicate whether
an aerosol dispenser, made to a unique
specification and design, meets the
appropriate requirements of the
standard. BS 5597:1991 was the basis
for several special permits issued by
PHMSA authorizing the manufacture
and use of these containers prior to
adoption of the provisions into the
HMR. Design qualification testing, or
‘‘type testing,’’ is intended to be
performed only on new designs and is
repeated when the design features
change in a meaningful way, such as
when the container is manufactured
with a new mold, or if the properties of
the plastic material have changed.
Therefore, in this final rule, we are
clarifying paragraph (a) by correcting
§ 178.33b–7(a)(1) to require each new
design be subjected to the drop test
requirements. Also, in the January 14,
2009 final rule, in a response to
comments, we agreed with a commenter
that the drop test criteria should be
amended to specify that a container
should not be dropped on the valve.
However, we inadvertently left this
instruction out of the final rule. In this
final rule, we are correcting § 178.33b–
7(a)(1) by revising the language to
specify the orientation of the containers
during the drop test. Finally, we are
adding a new paragraph (b) to this
section to clarify when design
qualification testing is required.
Section 178.33b–8
This section specifies production
testing requirements for Specification
2S packaging. In this final rule, we are
correcting the section heading
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Section 178.703
The section specifies the packaging
marking requirements for IBCs. In the
January 14, 2009 final rule, we included
an additional marking requirement for
IBCs to display a symbol specifying the
maximum permitted stacking load
applicable when an IBC is in use, with
a transition date until January 1, 2011.
In this final rule, we are correcting the
language adopted in the January 14,
2009 final rule in § 178.703 by adding
a new paragraph (b)(7) to specify that
the symbol is in addition to the marking
requirements already in place in
paragraph (a)(1) and not a part of the
that marking sequence. Additionally, we
are clarifying that the marking of the
figure ‘‘0’’ that is required as part of the
marking sequence in § 178.703(a)(1) is
not required in association with the
symbol for IBCs not capable of being
stacked.
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
material in intrastate, interstate, and
foreign commerce. This final rule
corrects several errors in the January 14,
2009 final rule.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This final rule
corrects errors made during the
development of the January 14, 2009
final rule and printing process and
makes amendments to conform to
amendments made in the January 14,
2009 final rule.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 and was not
reviewed by the Office of Management
and Budget. This final rule is a nonsignificant rule under the Regulatory
Policies and Procedures of the
Department of Transportation [44 FR
11034]. The revisions adopted in this
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67
final rule do not alter the cost-benefit
analysis and conclusions contained in
the Regulatory Evaluation prepared for
the January 14, 2009 final rule. The
Regulatory 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’’), and the
President’s memorandum on
‘‘Preemption’’ in published in the
Federal Register on May 22, 2009 (74
FR 24693). 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 for certain subjects. The
subjects are:
(1) The designation, description, and
classification of hazardous materials;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(3) The preparation, execution, and
use of shipping documents related to
hazardous materials and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacture,
fabrication, marking, maintenance,
recondition, repair, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material.
This final rule addresses covered
subject items (1), (2), (3), and (5) above
and preempts State, local, and Indian
Tribe requirements not meeting the
‘‘substantively the same’’ standard. This
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, are at an
economic disadvantage. These
companies are forced to comply with a
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
dual system of regulations. The changes
in this rulemaking are intended to avoid
this result. Federal hazardous materials
transportation law provides at section
5125(b)(2) that, if DOT issues a
regulation concerning any of the
covered subjects, DOT must determine
and publish in the Federal Register the
effective date of Federal preemption.
The effective date may not be earlier
than the 90th day following the date of
issuance of the final rule and not later
than two years after the date of issuance.
The effective date of Federal preemption
is April 5, 2010.
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, does not impose
substantial direct compliance costs, and
is required by statute, the funding and
consultation requirements of Executive
Order 13175 do not apply.
mstockstill on DSKH9S0YB1PROD with RULES
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.
The corrections and revisions contained
in this final rule will have little or no
effect on the regulated industry. Based
on the assessment in the regulatory
evaluation, to the January 14, 2009 final
rule, I hereby certify that, while this rule
applies to a substantial number of small
entities, there will not be a significant
economic impact on those small
entities. A detailed Regulatory
Flexibility analysis is available for
review in the docket.
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
impacts of final rules on small entities
are properly considered.
F. Paperwork Reduction Act
This final rule imposes no new
information collection requirements.
G. Regulatory Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
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16:57 Dec 31, 2009
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Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either State,
local or Tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA) requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. In the January 14,
2009 final rule, we developed an
assessment to determine the effects of
these revisions on the environment and
whether a more comprehensive
environmental impact statement may be
required. Our findings conclude that
there are no significant environmental
impacts associated with this final rule.
Consistency in the regulations for the
transportation of hazardous materials
aids in shippers’ understanding of what
is required and permits shippers to
more easily comply with safety
regulations and avoid the potential for
environmental damage or
contamination. For interested parties, a
detailed environmental assessment is
included in the January 14, 2009 final
rule which is available in the public
docket.
J. Privacy Act
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
www.dot.gov/privacy.html.
K. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing any standards or
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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, Incorporation by
reference, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR Chapter I is amended by making
the following amendments:
■
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
1. The authority citation for part 171
continues to read as follows:
■
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
§ 171.7
2. In § 171.7, in the paragraph (a)(3)
table, the entry for ‘‘International Civil
Aviation Organization (ICAO)’’ is
revised to read as follows:
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
Source and name of material
49 CFR reference
*
*
*
*
*
*
*
´
International Civil Aviation Organization (‘‘ICAO’’), 999 University Street, Montreal, Quebec H3C 5H7, Canada, 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.
*
*
*
*
*
*
*
*
*
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS, AND
SECURITY PLANS
4. In § 172.101, paragraph (l)(3) is
revised and the Hazardous Materials
Table is amended by removing, adding
and revising entries, in the appropriate
alphabetical sequence, to read as
follows:
■
3. The authority citation for part 172
continues to read as follows:
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■
VerDate Nov<24>2008
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*
*
§ 172.101 Purpose and use of the
hazardous materials table.
*
*
*
*
*
(l) * * *
(3) Cylinders used for chlorine
(UN1017) with preprinted markings
conforming to § 172.400a(a)(1)(ii)
without the Division 5.1 subsidiary
hazard number may continue to be used
until January 1, 2011.
E:\FR\FM\04JAR1.SGM
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VerDate Nov<24>2008
(1)
Symbols
(3)
Hazard
class or
division
16:57 Dec 31, 2009
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3
6.2
UN3291 ....
...................
UN1298 ....
UN 3291 ...
UN1298 ....
*
*
*
..................
*
6.2
...................
(4)
Identification
numbers
E:\FR\FM\04JAR1.SGM
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3
UN1203 ....
[REVISE] .....................
*
*
..................
Trimethylchlorosilane ..
Gasoline includes gasoline mixed with
ethyl alcohol, with
not more than 10%
alcohol.
...................
3
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..
[ADD] ..........................
Trimethyltrichlorosilane
*
[REMOVE] ..................
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..
..................
(2)
Hazardous mate
rials descriptions
and proper ship
ping names
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*
II ...............
*
...................
*
II ...............
*
II ...............
*
...................
*
II ...............
*
II ...............
...................
(5)
PG
*
3 ..................................
*
.....................................
*
3, 8 ..............................
*
6.2 ...............................
*
.....................................
*
3, 8 ..............................
*
6.2 ...............................
.....................................
(6)
Label codes
*
144, 177,
B1, B33,
IB2, T4,
TP1.
*
...................
*
A3, A7,
B77,
N34,
T10,
TP2,
TP7,
TP13.
*
A13 ...........
*
...................
*
A3, A7,
B77,
N34,
T10,
TP2,
TP7,
TP13.
*
A13 ...........
...................
(7)
Special
provisions
(§ 172.102)
*
150 ...........
*
...................
*
None .........
*
134 ...........
*
...................
*
None .........
*
134 ...........
...................
(8A)
Exceptions
202 ...........
...................
206 ...........
197 ...........
...................
206 ...........
197 ...........
...................
(8B)
Non-bulk
(8C)
Bulk
*
242 ...........
*
...................
*
243 ...........
*
197 ...........
*
...................
*
243 ...........
*
197 ...........
...................
(8)
Packaging (§ 173.***)
§ 172.101 HAZARDOUS MATERIALS TABLE
*
5 L ............
*
...................
*
1 L ............
*
No limit .....
*
...................
*
1 L ............
*
No limit .....
...................
(9A)
Passenger
aircraft/rail
60 L ..........
...................
5 L ............
No limit .....
...................
5 L ............
No limit .....
...................
(9B)
Cargo air
craft only
(9)
Quantity limitations
E ...............
...................
E ...............
B ...............
...................
E ...............
B ...............
...................
(10A)
Location
40
40
40
40
(10B)
Other
(10)
Vessel stowage
70
Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Receptacles, small,
containing gas or
gas cartridges(nonflammable) 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.
mstockstill on DSKH9S0YB1PROD with RULES
*
*
VerDate Nov<24>2008
2.2
2.2
UN2037 ....
UN2037 ....
16:57 Dec 31, 2009
*
...................
*
...................
*
2.2, 5.1 ........................
*
2.2 ...............................
*
A14 ...........
*
...................
*
306 ...........
*
306 ...........
304 ...........
304 ...........
*
None .........
*
None .........
*
1 kg ..........
*
1 kg ..........
15 kg ........
15 kg ........
B ...............
B ...............
40
40
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*
*
*
*
*
5. In § 172.202, in paragraph (a)(4), the
last sentence is revised to read as
follows:
■
§ 172.202 Description of hazardous
material on shipping papers.
(a) * * *
(4) * * * The packing group may be
preceded by the letters ‘‘PG’’ (for
example, ‘‘PG II’’); and
*
*
*
*
*
§ 172.322
[Amended]
6. In § 172.322, in paragraph (e)(2)(i)
introductory text, the number ‘‘4’’ is
revised to read ‘‘3.9’’ and in paragraph
(e)(2)(ii), the number ‘‘10’’ is revised to
read ‘‘9.8’’.
■ 7. In § 172.407, paragraph (c)(2) is
revised to read as follows:
■
§ 172.407
Label specifications.
8. In § 172.448, paragraph (c) is
revised to read as follows:
■
§ 172.448
*
*
*
*
(c) A CARGO AIRCRAFT ONLY label
conforming to the specifications in this
section and in § 172.407(c)(2) in effect
on October 1, 2008, may be used until
January 1, 2013.
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
*
*
*
*
(c) * * *
(2) The CARGO AIRCRAFT ONLY
label must be a rectangle measuring at
least 110 mm (4.3 inches) in height by
120 mm (4.7 inches) in width. The
words ‘‘CARGO AIRCRAFT ONLY’’
must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
*
*
*
*
*
§ 173.29
Empty packagings.
*
9. 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.
10. In § 173.4a, paragraphs (c)(1),
(e)(3)(i), and (g)(2) are revised to read as
follows:
■
§ 173.4a
*
CARGO AIRCRAFT ONLY label.
*
(i) Will absorb the entire contents of
the inner packaging.
*
*
*
*
*
(g) * * *
(2) The marking must not be less than
100 mm (3.9 inches) by 100 mm (3.9
inches), and must be durable and clearly
visible.
*
*
*
*
*
■ 11. In § 173.29, paragraph (b)(2)(iv)(B)
is revised to read as follows:
Excepted quantities.
*
*
*
*
*
(c) * * *
(1) For toxic material with a Division
6.1 primary or subsidiary hazard, PG I
or II—
(i) 1 g (0.04 ounce) for solids; or
(ii) 1 mL (0.03 ounce) for liquids;
*
*
*
*
*
(e) * * *
(3) * * *
*
*
*
*
(b) * * *
(2) * * *
(iv) * * *
(B) A Division 2.2 non-flammable gas,
other than ammonia, anhydrous, and
with no subsidiary hazard, at a gauge
pressure less than 200 kPa (29.0 psig);
at 20 °C (68 °F); and
*
*
*
*
*
■ 12. In § 173.62, in the paragraph (c)(5)
Table of Packing Methods, packing
instruction entry 114(b) is revised to
read as follows:
§ 173.62 Specific packaging requirements
for explosives.
*
*
*
(c) * * *
(5) * * *
*
*
TABLE OF PACKING METHODS
Packing instruction
*
*
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 packagings must be so
constructed that the risk of explosion, by
reason of increased internal pressure from
internal or external causes, is prevented.
3. For UN 0160, UN 0161, and UN 0508,
inner packagings are not necessary if
drums are used as the outer packaging.
4. For UN 0508 and UN 0509, metal packagings must not be used.
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*
§ 173.115
*
*
Boxes.
natural wood, ordinary (4C1).
natural wood, sift-proof walls (4C2).
plywood (4D).
reconstituted wood (4F).
fiberboard (4G).
Receptacles ...................
fiberboard
metal
paper
plastics
woven plastics, siftproof.
Drums.
steel, removable head (1A2).
aluminum, removable head (1B2).
plywood (1D).
fiber (1G).
plastics, removable head (1H2).
*
[Amended]
13. In § 173.115, in paragraph (b)(1),
the number ‘‘25.9’’ is revised to read
‘‘29.0’’.
Jkt 220001
*
*
§ 173.159a
batteries.
14. In § 173.159a, the section heading
is revised to read as set for below and
in paragraph (b), the word
16:57 Dec 31, 2009
....................................
‘‘nonspillable’’ is revised to read ‘‘nonspillable’’ in each place it appears.
■
■
Outer packagings
*
*
*
Bags .............................. Not necessary ............
paper, kraft
plastics
textile, sift-proof
woven plastics, siftproof.
*
VerDate Nov<24>2008
Intermediate
packagings
Inner packagings
Exceptions for non-spillable
*
*
*
*
*
15. In § 173.206, paragraph (c) is
revised to read as follows:
■
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Fmt 4700
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*
*
§ 173.206 Packaging requirements for
chlorosilanes.
*
*
*
*
*
(c) Except for transportation by
passenger aircraft, the following single
packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1
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Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG I),
specification or UN standard, as
prescribed for any compressed gas,
except Specification 3HT and those
prescribed for acetylene
Cylinders (for liquids in PG II),
specification, as prescribed for any
compressed gas, except Specification 8
and 3HT cylinders.
■ 16. In § 173.220, in paragraph (d), the
first sentence is revised to read as
follows:
powering, and the intermediate
packagings packed in a strong outer
packaging. The maximum number of
fuel cell cartridges in the intermediate
packaging may not be more than the
number required to power the
equipment, plus two spares;
*
*
*
*
*
■ 18. In § 173.306, paragraph (a)(5)(v) is
revised, paragraph (a)(5)(vi) is
redesignated as paragraph (a)(5)(vii),
and new paragraph (a)(5)(vi) is added to
read as follows:
§ 173.220 Internal combustion engines,
self-propelled vehicles, mechanical
equipment containing internal combustion
engines, and battery powered vehicles or
equipment.
§ 173.306 Limited quantities of
compressed gases.
*
*
*
*
*
(d) Lithium batteries. Except as
provided in § 172.102, Special Provision
A101 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. * * *
*
*
*
*
*
■ 17. In § 173.230, paragraphs (e)(2)(i)
and (ii) and (f)(2) through (4) are revised
to read as follows:
§ 173.230 Fuel cell cartridges containing
hazardous material.
mstockstill on DSKH9S0YB1PROD with RULES
*
*
*
*
*
(e) * * *
(2) * * *
(i) Fuel cell cartridges packed with
equipment must be packed with
cushioning material or divider(s) or
inner packagings so that the fuel cell
cartridges are protected against damage
that may be caused by the shifting or
placement of the equipment and
cartridges within the packaging.
(ii) Fuel cell cartridges contained in
equipment must be protected against
short circuits and the entire fuel cell
system must be protected from
unintentional activation. The equipment
must be securely cushioned in the outer
packaging.
(f) * * *
(2) For fuel cell cartridges contained
in equipment, fuel cell systems must not
charge batteries during transport;
(3) For transportation aboard
passenger aircraft, for fuel cell cartridges
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) When packed with equipment,
fuel cell cartridges must be packed in an
intermediate packaging along with the
equipment they are capable of
VerDate Nov<24>2008
16:57 Dec 31, 2009
Jkt 220001
(a) * * *
(5) * * *
(v) Except as provided in paragraph
(a)(5)(vi) of this section, 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,
or if the container is made of plastic
material which softens at this test
temperature, 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 except that a plastic
container may be deformed through
softening provided that it does not leak.
(vi) As an alternative to the hot water
bath test in paragraph (a)(5)(v) of this
section, testing may be performed as
follows:
(A) Pressure and leak testing before
filling. 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 container. If any
container shows evidence of leakage at
a rate equal to or greater than 3.3 × 10¥2
˙
mbarC L/s at the test pressure,
distortion or other defect, it must be
rejected; and
(B) Testing after filling. Prior to filling,
the filler must ensure that the crimping
equipment is set appropriately and the
specified propellant is used before
filling the container. Once filled, each
container must be weighed and leak
tested. The leak detection equipment
must be sufficiently sensitive to detect
at least a leak rate of 2.0 × 10¥3
˙
mbarC L/s at 20 °C (68 °F). Any filled
PO 00000
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Fmt 4700
Sfmt 4700
73
container which shows evidence of
leakage, deformation, or excessive
weight must be rejected.
*
*
*
*
*
PART 175—CARRIAGE BY AIRCRAFT
19. The authority citation for part 175
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.53.
20. In § 175.10, paragraphs
(a)(15)(iv)(B) and (a)(18)(ii) are revised
to read as follows:
■
§ 175.10 Exceptions for passengers,
crewmembers, and air operators.
(a) * * *
(15) * * *
(iv) * * *
(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
*
*
*
*
*
(18) * * *
(ii) The maximum water capacity of a
fuel cell cartridge for hydrogen in a
metal hydride may not exceed 120 mL
(4 fluid ounces). The maximum quantity
of fuel in all other fuel cell cartridge
types 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; or
(C) 200 g (7 ounces) for solids.
*
*
*
*
*
PART 178—SPECIFICATIONS FOR
PACKAGINGS
21. The authority citation for part 178
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
22. In § 178.33b, the section heading
is revised to read as follows:
■
§ 178.33b Specification 2S; inner
nonrefillable plastic receptacles.
*
*
*
*
*
23. Section 178.33b–7 is revised to
read as follows:
■
§ 178.33b–7
Design qualification test.
(a) Drop testing. (1) To ensure that
creep does not affect the ability of the
container to retain the contents, each
new design must be drop tested as
follows: Three groups of twenty-five
filled containers must be dropped from
1.8 m (5.9 ft) on to a rigid, non-resilient,
flat and horizontal surface. One group
must be conditioned at 38 °C (100 °F)
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there is any change in the properties of
the material of construction.
■ 24. In § 178.33b–8, the section
heading is revised to read as follows and
paragraph (b) is removed and reserved:
(ii) Display the symbol in a durable
and visible manner.
(iii) The symbol must not be less than
100 mm (3.9 inches) by 100 mm (3.9
inches).
(iv) For IBCs designed for stacking,
the maximum permitted stacking load
applicable when the IBC is in use must
be displayed with the symbol. The mass
mstockstill on DSKH9S0YB1PROD with RULES
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. The
closure, or sealing component of the
container, must not be protected during
the test. The orientation of the test
container at drop must be statistically
random, but direct impact on the valve
or valve closure must be avoided.
(2) Criteria for passing the drop test:
The containers must not break or leak.
(b) Design qualification testing must
be completed if the design is
manufactured with a new mold or if
in kilograms (kg) marked above the
symbol must not exceed the load
imposed during the design test, as
indicated by the marking in paragraph
(a)(1)(vii) of this section, divided by 1.8.
The letters and numbers indicating the
mass must be at least 12 mm (0.48
inches).
VerDate Nov<24>2008
16:57 Dec 31, 2009
Jkt 220001
§ 178.33b–8
Production tests.
*
*
*
*
*
■ 25. In § 178.703, paragraph (a)(1)(vii)
is revised and a new paragraph (b)(7) is
added to read as follows:
§ 178.703
Marking of IBCs.
(a) * * *
(1) * * *
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Fmt 4700
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(vii) The stacking test load in
kilograms (kg). For IBCs not designed
for stacking, the figure ‘‘0’’ must be
shown.
*
*
*
*
*
(b) * * *
(7) The symbol applicable to an IBC
designed for stacking or not designed for
stacking, as appropriate, must be
marked on all IBCs manufactured,
repaired or remanufactured after
January 1, 2011 as follows:
(i)
Issued in Washington, DC on December 17,
2009, under authority delegated in 49 CFR
part 1.
M. Cynthia Douglass,
Acting Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. E9–30556 Filed 12–31–09; 8:45 am]
BILLING CODE 4910–60–P
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74
]]>Agencies
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 63-74]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30556]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, and 178
[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE54
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; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; corrections.
-----------------------------------------------------------------------
SUMMARY: On January 14, 2009, the Pipeline and Hazardous Materials
Safety Administration (PHMSA) published a final rule amending the
Hazardous Materials Regulations (HMR) 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. The revisions were
necessary to harmonize the HMR with recent changes to the International
Civil Aviation Organization's Technical Instructions for the Safe
Transport of Dangerous Goods by Air, the International Maritime
Dangerous Goods Code, Transport Canada's Transportation of Dangerous
Goods Regulations, and the United Nations Recommendations on the
Transport of Dangerous Goods. These revisions also included amendments
and clarifications addressing the safe transportation of batteries and
battery-powered devices. This final rule corrects several errors in the
January 14, 2009 final rule.
DATES: Effective date: The effective date of these amendments is
January 4, 2010. Applicability date: These amendments are applicable
beginning January 1, 2010.
FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration.
SUPPLEMENTARY INFORMATION:
I. Background
On January 14, 2009, PHMSA published a final rule under Docket
Numbers PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR
2200] revising the Hazardous Materials Regulations (HMR) 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. The
revisions were necessary to harmonize the HMR with recent changes to
the International Civil Aviation Organization's Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO TI), the
International Maritime Dangerous Goods Code (IMDG Code), Transport
Canada's Transportation of Dangerous Goods Regulations (TDG
Regulations), and the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations). These revisions also included
amendments and clarifications addressing the safe transportation of
batteries and battery-powered devices. This final rule corrects several
errors in the final rule. Because these amendments do not impose new
requirements notice and public comment procedures are unnecessary.
II. Appeals to the Final Rule
We received two appeals to the January 14, 2009 final rule from the
Dangerous Goods Transport Consulting, Inc. (DGTC) and HMT Associates,
LLC. Both DGTC and HMT Associates express concerns about the provisions
of the final rule applicable to the transportation of fuel cell
cartridges. These appeals are discussed in detail below.
A. Dangerous Goods Transport Consulting, Inc.
The January 14, 2009 final rule revised the requirements for the
transportation of fuel cell cartridges under Sec. 173.230 of the HMR
(49 CFR Parts 171-180). In addition to the proper shipping name for
flammable liquid fuel cell cartridges (UN3473) already included in the
Sec. 172.101 Hazardous Materials Table (HMT), the final rule added
four new proper shipping names to the HMT to describe the range of
fuels used in fuel cell cartridges: ``Water-reactive substances,''
UN3476; ``Corrosive substances,'' UN3477; ``Liquefied flammable gas,''
UN3478; and ``Hydrogen in metal hydride,'' UN3479.
As indicated by the expanded list of proper shipping names, fuel
cell cartridges contain a number of different types of fuels with
distinct hazards. Because of this variety of fuel types, we also
amended Sec. 173.230 to provide comprehensive requirements including
packaging to address the hazards for all fuel cell cartridge types. In
its appeal, DGTC expressed concern that the provision in Sec.
173.230(g) prohibiting the air transport of fuel cell cartridges as
limited quantities is not practical, reasonable or in the public
interest. Specifically, DGTC asserts its understanding that prohibiting
the air transport of fuel cell cartridges as limited quantities is not
consistent with provisions in Sec. 173.230(h) that allow fuel cell
cartridges conforming to Sec. 173.230(g) and defined as consumer
commodities to be renamed ``Consumer commodity'' and reclassed as ORM-D
since consumer commodities are authorized for transport by air in
Column (9) of the HMT for the entry ``Consumer commodity.'' DGTC also
asserts inconsistency with HMR provisions that allow for air transport
of limited quantities of the fuel types typically found in the fuel
cell cartridges in inner packagings subject to less stringent
requirements than those for the fuel cell cartridges themselves. DGTC
further contends that the prohibition imposes unwarranted additional
transportation costs and places emerging fuel cell technologies at a
competitive disadvantage with other portable sources of electric power
such as batteries and could be detrimental to their development as an
alternative energy source.
The requirements applicable to the transportation of fuel cells
adopted in the January 14, 2009 final rule were initially proposed in a
notice of proposed rulemaking (NPRM) published July 31, 2008 (73 FR
44820) and are consistent with standards adopted internationally in the
revised editions of the ICAO TI, the IMDG Code, and the UN
Recommendations. Commenters to the NPRM supported the fuel cell
proposals; no commenter addressed the potential economic impact of the
proposals. We note, with regard to DGTC's concern about the economic
impact of the limited quantity prohibition, that harmonization
[[Page 64]]
promotes safety and facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements. Thus, the benefits of a harmonized domestic and
international transportation regime outweigh the costs that may be
incurred. As DGTC acknowledged in its appeal, the 2009-2010 ICAO TI
also prohibit the transportation of fuel cell cartridges as limited
quantities on aircraft. Authorizing limited quantity exceptions for
fuel cell cartridges in the HMR would be inconsistent with the ICAO TI;
such differing domestic and international requirements could cause
confusion for both shippers and carriers, thereby adversely affecting
safety.
We agree that the prohibition of air transport of limited
quantities of fuels when contained in fuel cell cartridges is
inconsistent with the current authorization that allows for air
transport of limited quantities of the same fuels found in fuel cell
cartridges when shipped under the proper shipping name appropriate to
the fuel (e.g., ``Methanol, UN1230''). The ICAO Dangerous Goods Panel
is currently considering adoption of limited quantity exceptions, based
in part on a proposal from the U.S. Fuel Cell Council (FCC). Based on
the decision of the ICAO Dangerous Goods Panel, we will consider
adopting limited quantity exceptions for air transport of fuel cell
cartridges in a future rulemaking. Therefore, in this final rule, we
are not revising the current prohibition of air transport of fuel cell
cartridges as limited quantities.
B. HMT Associates, LLC
The January 14, 2009 final rule also revised the packaging
requirements for the transportation of fuel cell cartridges under Sec.
173.230 of the HMR. Specifically, paragraph (e) of this section
provides for authorized packagings; paragraph (f) sets forth additional
requirements for transportation by aircraft. HMT Associates expressed
concern that the provision in Sec. 173.230(e) to require intermediate
packaging for fuel cell cartridges packed with equipment for all modes
of transportation, not just air transport, differs from the packaging
requirements for fuel cell cartridges packed with equipment under
international standards for highway, rail, and vessel transport.
Specifically, HMT Associates states:
As it relates to fuel cell cartridges packed with equipment, the
[UN Recommendations, as well as the IMDG Code] Packing Instruction
P004 requires: [f]or fuel cell cartridges * * * packed with
equipment, strong outer packagings. When fuel cell cartridges are
packed with equipment, they shall be packed in inner packagings or
placed in the outer packaging with cushioning material or divider(s)
so that the fuel cell cartridges are protected against damage that
may be caused by the movement or placement of the contents within
the outer packaging.
With regard to the packaging requirements for fuel cell cartridges
packed with equipment in the January 14, 2009 final rule, Sec.
173.230(e)(2)(i) requires fuel cell:
Cartridges packed with equipment to 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.
HMT Associates noted that the use of an intermediate packaging is
required under the ICAO TI only when fuel cell cartridges packed with
equipment are transported by aircraft (re: Packing Instruction 217).
Additionally, HMT Associates indicated that the wording of Sec.
173.230(e)(2)(i) as adopted in the final rule is not as it was proposed
in our NPRM. The wording was revised based on a comment submitted to
the docket by FCC. The NPRM did not propose use of an intermediate
packaging. In the preamble of the final rule [74 FR 2223], we agreed
with FCC that the packaging requirements should be consistent with the
UN Recommendations and the ICAO TI and indicated that revisions made to
the regulatory text of the NPRM were intended to achieve consistency.
Finally, HMT Associates indicated that under the additional
provisions for transportation by aircraft in Sec. 173.230(f), the
language specific to packaging requirements for fuel cell cartridges
packed with equipment in the final rule differs from the proposed
language in the NPRM. They noted that the proposed language is
consistent with international standards by limiting the intermediate
packaging requirement to the additional requirements for air transport
rather than the language in the final rule that has additional
requirements supplementing the general requirements for transport of
fuel cell cartridges packed with equipment and transported by all
modes.
HMT Associates is correct that the final rule language highlighted
in its appeal was adopted in error. We intended that the requirement
for intermediate packaging of fuel cell cartridges packed with
equipment should be limited to packaging prepared for air transport
consistent with the ICAO TI. This is also consistent with the suggested
revisions to Sec. 173.230(e) and (f) in comments we received from FCC
in response to the July 31, 2008 NPRM. FCC suggested that we revise the
language in paragraph (f) to include a requirement that:
For transportation by aircraft * * * when fuel cell cartridges
are packed with equipment, they must be packed in intermediate
packagings together with the equipment they are capable of powering
* * *.
Therefore, HMT Associates' appeal is granted. In this final rule,
we are correcting paragraphs (e)(2)(i) and (f)(4) in Sec. 173.230 to
fully align the fuel cell cartridges packaging requirements with the
multimodal packing requirements as prescribed in ICAO TI Packing
Instruction 217 and UN Recommendations Packing Instruction P004. We are
also making clarifying corrections to paragraphs (e) and (f) for
consistency with changes made based on the appeal and for consistent
use of terms in the section. For example, in paragraph (f)(2) we are
correcting ``fuel cells'' to read ``fuel cell cartridges'' to clarify
the applicability to fuel cell cartridges.
III. Corrections and Amendments
In this final rule, we are making editorial corrections and
clarifying amendments to sections that were amended by the January 14,
2009 final rule for purposes of consistency with grammatical
conventions and for consistency with similar provisions within the HMR.
We are also making conforming amendments to sections in the HMR
affected by the January 14, 2009 final rule. None of the clarifying or
conforming amendments are new requirements but provide for a better
understanding of the requirements adopted in the January 14, 2009 final
rule. The corrections and amendments are as follows:
Part 171
Section 171.7
This section lists material incorporated by reference into the HMR.
In the January 14, 2009 final rule, we updated the address for ICAO
reference materials; however, we did not include the most current
address. In this final rule, we are correcting the entry to reflect the
current address.
[[Page 65]]
Part 172
Section 172.101
This section outlines the purpose and instructions for use of the
Hazardous Materials Table (HMT). We are removing an obsolete
transitional period in paragraph (l)(3) and replacing it with a
transition period specific to marking of cylinders containing
``Chlorine, UN1017.'' Under HM-215J, we revised the proper shipping
name entry for ``Chlorine'' to include Division 5.1 (oxidizer) as an
additional subsidiary hazard. Based on this revision, chlorine
cylinders marked in accordance with CGA C-7, Appendix A (see Sec.
172.400a) must now include the Division 5.1 subsidiary hazard number as
part of the marking. To allow for additional time to incorporate this
subsidiary hazard number as part of the marking, we are authorizing the
use of preprinted cylinder markings without the Division 5.1 subsidiary
hazard number until January 1, 2011.
We are also making a number of editorial corrections to entries in
the Sec. 172.101 Hazardous Materials Table (HMT). The editorial
corrections are as follows:
For the entry ``Gasoline includes gasoline mixed with
ethyl alcohol, with not more than 10% alcohol, UN1203,'' the Special
provisions in Column (7) are corrected to read ``144, 177, B1, B33,
IB2, T4, TP1.''
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., or Biomedical waste, n.o.s. or Medical waste, n.o.s.,
UN3291'' is corrected to read ``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., UN3291.'' This
correction is a ``remove/add.''
The proper shipping name for the entry
``Trimethyltrichlorosilane, UN1298'' is corrected to read
``Trimethylchlorosilane.'' This correction is a ``remove/add.''
The information contained in the HMT for the following
entries is being corrected by placing the information in the
appropriate Columns of the:
[cir] ``Receptacles, small, containing gas or gas cartridges (non-
flammable) without release device, not refillable and not exceeding 1 L
capacity, UN2037.''
[cir] ``Receptacles, small, containing gas or gas cartridges
(oxidizing) without release device, not refillable and not exceeding 1
L capacity, UN2037.''
Section 172.202
This section sets forth requirements for the description of
hazardous materials on shipping papers. In paragraph (a)(4) of this
section, we are correcting the last sentence to enclose the phrase
``for example, ``PG II'' '' in parentheses. The parentheses were
inadvertently omitted in the January 14, 2009 final rule.
Section 172.322
This section specifies marking requirements for packaging used to
transport marine pollutants. In paragraph (e)(2)(i), the number ``4''
is corrected to read ``3.9'' and in paragraph (e)(2)(ii), the number
``10'' is corrected to read ``9.8'' for consistency with similar
marking and labeling size specification requirements in the HMR.
Section 172.407
This section establishes specifications for labels printed on or
affixed to packaging. In the January 14, 2009 final rule, we adopted a
new CARGO AIRCRAFT ONLY label in Sec. 172.448 of the HMR. The new
label contains text that differs from the previous label--specifically,
the phrase ``CARGO AIRCRAFT ONLY'' replaces the word ``DANGER.'' When
we adopted the new label, we failed to make conforming amendments to
the label specifications in Sec. 172.407 that reference text from the
old label. In this final rule, we are amending paragraph (c)(2) of
Sec. 172.407 to correctly reference the phrase ``CARGO AIRCRAFT ONLY''
and amending the text size specifications to require the letters to
measure at least 6.3 mm (0.25 inches) in height. The size requirement
for the letters has been reduced to accommodate the greater amount of
text that must be displayed on the label as shown in Sec. 172.448.
Section 172.448
This section specifies the design of the ``CARGO AIRCRAFT ONLY''
label. For consistency with the revisions discussed above in Sec.
172.407, we are amending paragraph (c) of this section to emphasize
conformance with the label specifications for a ``CARGO AIRCRAFT ONLY''
label in Sec. 172.407 in addition to the specifications outlined in
paragraph (c) of this section.
Part 173
Section 173.4a
This section specifies conditions for exception from the HMR
requirements for the transport of excepted quantities of hazardous
materials. In this final rule, we are amending the language for inner
packaging limits in paragraph (c)(1) to clarify the intent in the
January 14, 2009 final rule that the provision applies to both primary
and subsidiary hazards for Division 6.1 Packing Group I and II, solids
and liquids. We are also correcting paragraphs (e)(3)(i) and (g)(2). In
paragraph (e)(3)(i), we are removing the phrase ``[i]n such cases,
and'' which is extraneous language that was inadvertently included with
the paragraph and in paragraph (g)(2), we are correcting the word
``symbol'' to read ``marking'' to clarify that the size requirements
are intended to apply to the size of the marking and not the size of
the symbol within the marking.
Section 173.29
This section specifies requirements for the transport of empty
packagings containing only the residue of a hazardous material. In the
January 14, 2009 final rule, we revised Sec. 173.115 with respect to
classification of Division 2.2 material by adopting the gauge pressure
criteria of 200 kPa (29.0 psig) but failed to make a conforming
revision to the Division 2.2 classification criteria in this section.
In this final rule, we are amending Sec. 173.29(b)(2)(iv)(B) for
consistency with the new classification criteria for Division 2.2
material in Sec. 173.115.
Section 173.62
This section specifies authorized packaging for explosive
materials. In this final rule, in paragraph (c)(5), we are amending
Packing Instruction 114(b)(2) by correcting the words ``pack-agings''
and ``pre-vented'' to read ``packagings'' and ``prevented,''
respectively.
Section 173.115
This section establishes the classification criteria for Class 2,
Division 2.1, 2.2, and 2.3 gases. In this final rule, for the Division
2.2 non-flammable, nonpoisonous gas criteria in paragraph (b)(1), we
are correcting the gauge pressure number ``25.9'' to read ``29.0''.
This correction reflects an error in conversion of the unit of measure
and is not a revision to the classification criteria.
Section 173.159a
The section specifies the conditions for exception from the HMR
requirements for the transport of non-spillable batteries. In this
final rule, we are correcting the section heading ``Exceptions for Non-
spillable batteries'' to read ``Exceptions for non-spillable
batteries.'' In addition, in paragraph (b), we are correcting the word
``nonspillable'' in each place it appears to read ``non-spillable.''
[[Page 66]]
Section 173.206
This section specifies the packaging requirements for
chlorosilanes. In the January 14, 2009 final rule, we added this new
packaging section to the HMR to harmonize with new packaging
requirements for water-reactive chlorosilanes adopted in the Fifteenth
revised edition of the UN Recommendations. In our effort to harmonize
with the international standards, we inadvertently omitted the
authorization to use cylinders for these materials. Cylinders were
previously authorized for use in transport of these materials under
Sec. Sec. 173.201 and 173.202. In this final rule, we are correcting
paragraph (c) by reinstating the authorization to use certain cylinders
for transport of these materials. We note that aluminum cylinders
should not be used for the transport of these materials due to safety
concerns of incompatibility of aluminum and water-reactive
chlorosilanes. We may adopt revisions to the packaging provisions
prohibiting the use of aluminum cylinders for these materials in a
future rulemaking.
Section 173.220
This section specifies the conditions for transportation of
internal combustion engines, vehicles, and mechanical equipment and
battery-powered vehicles and equipment. In the January 14, 2009 final
rule, we clarified the provisions for the transport of batteries and
battery-powered devices including the transport of vehicles and
equipment powered by batteries. In paragraph (d), we included an
incorrect reference to Sec. 173.185 regarding an exception to the
prohibition of lithium metal batteries aboard passenger-carrying
aircraft. In this final rule, we are correcting paragraph (d) to
reference the correct provision, specifically, Sec. 172.102, Special
Provision A101.
Section 173.230
This section specifies packaging requirements for fuel cell
cartridges. Per the section II discussion of HMT Associates' appeal, in
this final rule, we are correcting paragraphs (e)(2) and (f) in Sec.
173.230 to clarify and align fully the fuel cell cartridge packaging
requirements with the multimodal packing requirements as prescribed in
the ICAO TI Packing Instruction 217 and UN Recommendations Packing
Instruction P004.
Sections 173.306
This section specifies conditions for exception from the HMR
requirements for transportation of limited quantities of compressed
gases. In the January 14, 2009 final rule, we adopted provisions for
the transportation of limited quantities of Division 2.2 (non-
flammable) compressed gases in nonrefillable plastic receptacles
packaged in a strong outside packaging. These provisions are set forth
in conditions for shipment of these gases in specification 2S and non-
DOT specification plastic containers (Sec. 173.306(a)(5)) and in a new
specification 2S for the construction of these plastic containers
(Sec. 178.33b). See 74 FR at 2265, 2268-69. These requirements are
consistent with revisions adopted in the Fifteenth revised edition of
the UN Recommendations (6.2.4.2.2) and the 2009-2010 edition of the
ICAO TI (6;5.4.2.3). We concluded that these inner plastic containers
provide a level of safety equivalent to other authorized packaging, and
we could eliminate the need for issuance of a special permit to allow
the use of plastic containers for transport of limited quantities of
Division 2.2 gases with no subsidiary risk.
Inner metal containers authorized for transport of limited
quantities of compressed gas have historically been subjected to a hot
water bath after filling to ensure the containers are free of leaks
prior to being offered for transportation. See Sec. 173.306(a)(3)(v).
Consistent with UN Recommendations and the ICAO TI, in the January 14,
2009 final rule, we adopted in Sec. 173.306(a)(5)(v) a similar hot
water bath test requirement for the specification 2S and non-DOT
specification plastic containers. The hot water bath for plastic
containers must be performed at temperatures and for a duration
sufficient to achieve internal pressure requirements. These elevated
temperatures may be destructive to the contents of containers or to the
material of construction of plastic containers. Thus, the hot water
bath test includes instruction for containers with contents sensitive
to heat or containers made of plastic materials which soften at higher
temperatures to be tested at a lower temperature. However, in adopting
the hot water bath provisions, we inadvertently left out the language
specific to plastic materials which soften at the test temperature. In
this final rule, we are correcting paragraph (a)(5)(v) to include
language that plastic materials which soften at the higher test
temperature of the hot water bath must be tested at the lower
temperature range of 20 [deg]C (68 [deg]F) to 30 [deg]C (86 [deg]F).
Additionally, as part of the conditions for the shipment of limited
quantities of Division 2.2 (non-flammable) compressed gases in plastic
containers, we intended to adopt test methods alternative to the hot
water bath test in Sec. 173.306, specifically, pressure and leakage
tests subjected to each container prior to filling and a leakage test
subjected to each container after filling. The provisions for
alternative pressure and leakage tests to the hot water bath were
incorrectly placed in Sec. 178.33b-8, rather than in Sec. 173.306
where they properly belong. In doing so, we inadvertently required
manufacturers of the specification 2S plastic containers to perform the
alternative pressure and leakage tests as part of their production run
and then also required the filler to perform the hot water bath test.
This misplacement of the pressure and leakage tests would put domestic
manufacturers or fillers at a disadvantage as they are not afforded the
opportunity to utilize these tests as an alternative to the hot water
bath test as they would be if transporting under the ICAO TI or under
other international regulations that have adopted these provisions
based on the UN Recommendations. We believe this intent was understood
by the public and the regulated community. Therefore, to correct this
error, in this final rule, we are (1) removing the alternative pressure
and leakage test method provisions currently found in Sec. 178.33b-
8(b); (2) adding these provisions to Sec. 173.306 as a new paragraph
(a)(5)(vi); and (3) redesignating current paragraph (a)(5)(vi)
containing the packaging marking requirements as new paragraph
(a)(5)(vii).
Part 175
Section 175.10
This section specifies conditions for exception from the HMR
requirements for the transport of hazardous materials aboard passenger
aircraft by passengers, crewmembers, and air operators. In the January
14, 2009 final rule, we revised paragraph (a)(18) to expand the types
of fuel cell cartridges permitted in carry-on baggage. Fuel cell
cartridges permitted for transport by passengers and crewmembers must
continue to conform to the rigorous performance criteria outlined in
this section. For consistency with the provisions for fuel cell
cartridges in Sec. 173.230, in this final rule, we are clarifying
paragraph (a)(18) of this section to indicate that the maximum quantity
of fuel for hydrogen in a metal hydride fuel cell cartridges is based
on the water capacity of the fuel cell cartridges rather than the net
quantity of fuel as is the case of all other types of fuels. Also, in
this final rule, we are correcting a grammatical error in paragraph
(a)(15)(iv)(B) by correcting
[[Page 67]]
the ``,'' (comma) at the end of the subparagraph to read ``;''
(semicolon).
Part 178
Section 178.33b
In this final rule, we are correcting the section heading
``Specification 2S; inner nonrefillable plastic receptacles
[Reserved]'' to read ``Specification 2S; inner nonrefillable plastic
receptacles.''
Section 178.33b-7
This section specifies design qualification testing requirements
for Specification 2S packaging. In this final rule, we are correcting
the section heading ``Sec. 178.33b-7 Design Qualification Test'' to
read ``Sec. 178.33b-7 Design qualification test.'' We are also
correcting paragraph (a) to specify that the drop test requirements
apply to each new design rather than each container. The current
wording ``container type'' used in paragraph (a) comes from the British
Standard BS 5597:1991 (paragraph 2.11) in which ``type testing'' is
defined as testing to indicate whether an aerosol dispenser, made to a
unique specification and design, meets the appropriate requirements of
the standard. BS 5597:1991 was the basis for several special permits
issued by PHMSA authorizing the manufacture and use of these containers
prior to adoption of the provisions into the HMR. Design qualification
testing, or ``type testing,'' is intended to be performed only on new
designs and is repeated when the design features change in a meaningful
way, such as when the container is manufactured with a new mold, or if
the properties of the plastic material have changed. Therefore, in this
final rule, we are clarifying paragraph (a) by correcting Sec.
178.33b-7(a)(1) to require each new design be subjected to the drop
test requirements. Also, in the January 14, 2009 final rule, in a
response to comments, we agreed with a commenter that the drop test
criteria should be amended to specify that a container should not be
dropped on the valve. However, we inadvertently left this instruction
out of the final rule. In this final rule, we are correcting Sec.
178.33b-7(a)(1) by revising the language to specify the orientation of
the containers during the drop test. Finally, we are adding a new
paragraph (b) to this section to clarify when design qualification
testing is required.
Section 178.33b-8
This section specifies production testing requirements for
Specification 2S packaging. In this final rule, we are correcting the
section heading ``Sec. 178.33b-8 Production Tests'' to read ``Sec.
178.33b-8 Production tests'' and correcting paragraph (b) by removing
the pressure and leak test requirements as discussed in Sec. 173.306
above.
Section 178.703
The section specifies the packaging marking requirements for IBCs.
In the January 14, 2009 final rule, we included an additional marking
requirement for IBCs to display a symbol specifying the maximum
permitted stacking load applicable when an IBC is in use, with a
transition date until January 1, 2011. In this final rule, we are
correcting the language adopted in the January 14, 2009 final rule in
Sec. 178.703 by adding a new paragraph (b)(7) to specify that the
symbol is in addition to the marking requirements already in place in
paragraph (a)(1) and not a part of the that marking sequence.
Additionally, we are clarifying that the marking of the figure ``0''
that is required as part of the marking sequence in Sec. 178.703(a)(1)
is not required in association with the symbol for IBCs not capable of
being stacked.
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 material in intrastate, interstate, and foreign commerce.
This final rule corrects several errors in the January 14, 2009 final
rule.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule
corrects errors made during the development of the January 14, 2009
final rule and printing process and makes amendments to conform to
amendments made in the January 14, 2009 final rule.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034]. The revisions adopted in this final rule
do not alter the cost-benefit analysis and conclusions contained in the
Regulatory Evaluation prepared for the January 14, 2009 final rule. The
Regulatory 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''), and
the President's memorandum on ``Preemption'' in published in the
Federal Register on May 22, 2009 (74 FR 24693). 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 for certain
subjects. The subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and preempts State, local, and Indian Tribe requirements not
meeting the ``substantively the same'' standard. This 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, are at an economic disadvantage. These
companies are forced to comply with a
[[Page 68]]
dual system of regulations. The changes in this rulemaking are intended
to avoid this result. Federal hazardous materials transportation law
provides at section 5125(b)(2) that, if DOT issues a regulation
concerning any of the covered subjects, DOT must determine and publish
in the Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. The effective date of Federal preemption is April 5,
2010.
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, does not impose substantial direct
compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
corrections and revisions contained in this final rule will have little
or no effect on the regulated industry. Based on the assessment in the
regulatory evaluation, to the January 14, 2009 final rule, I hereby
certify that, while this rule applies to a substantial number of small
entities, there will not be a significant economic impact on those
small entities. A detailed Regulatory Flexibility analysis is available
for review in the docket.
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 impacts of
final rules on small entities are properly considered.
F. Paperwork Reduction Act
This final rule imposes no new information collection requirements.
G. Regulatory Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either State, local or Tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the January 14, 2009 final rule,
we developed an assessment to determine the effects of these revisions
on the environment and whether a more comprehensive environmental
impact statement may be required. Our findings conclude that there are
no significant environmental impacts associated with this final rule.
Consistency in the regulations for the transportation of hazardous
materials aids in shippers' understanding of what is required and
permits shippers to more easily comply with safety regulations and
avoid the potential for environmental damage or contamination. For
interested parties, a detailed environmental assessment is included in
the January 14, 2009 final rule which is available in the public
docket.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://www.dot.gov/privacy.html.
K. International Trade Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we have assessed the effects of the 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, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended by
making the following amendments:
[[Page 69]]
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, the entry for
``International Civil Aviation Organization (ICAO)'' is revised to read
as follows:
Sec. 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''), 999 University
Street, Montr[eacute]al, Quebec H3C 5H7, Canada, 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.
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS, AND SECURITY PLANS
0
3. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
4. In Sec. 172.101, paragraph (l)(3) is revised and the Hazardous
Materials Table is amended by removing, adding and revising entries, in
the appropriate alphabetical sequence, to read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(l) * * *
(3) Cylinders used for chlorine (UN1017) with preprinted markings
conforming to Sec. 172.400a(a)(1)(ii) without the Division 5.1
subsidiary hazard number may continue to be used until January 1, 2011.
[[Page 70]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous mate (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
rials descriptions Hazard Identification Special -----------------------------------------------------------------------------------------------------------------
Symbols and proper ship class or numbers PG Label codes provisions Passenger Cargo air
ping names division (Sec. Exceptions Non-bulk Bulk aircraft/rail craft only Location Other
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)............ (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE].......... .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............
* * * * * * *
Regulated medical 6.2 UN 3291.......... II............. 6.2............... A13............ 134............ 197............ 197........... No limit...... No limit...... B............. 40
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..
* * * * * * *
Trimethyltrichloro 3 UN1298........... II............. 3, 8.............. A3, A7, B77, None........... 206............ 243........... 1 L........... 5 L........... E............. 40
silane. N34, T10, TP2,
TP7, TP13.
* * * * * * *
[ADD]............. .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............
* * * * * * *
Regulated medical 6.2 UN3291........... II............. 6.2............... A13............ 134............ 197............ 197........... No limit...... No limit...... B............. 40
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..
* * * * * * *
Trimethylchlorosil 3 UN1298........... II............. 3, 8.............. A3, A7, B77, None........... 206............ 243........... 1 L........... 5 L........... E............. 40
ane. N34, T10, TP2,
TP7, TP13.
* * * * * * *
[REVISE].......... .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............
* * * * * * *
Gasoline includes 3 UN1203........... II............. 3................. 144, 177, B1, 150............ 202............ 242........... 5 L........... 60 L.......... E............. ..............
gasoline mixed B33, IB2, T4,
with ethyl TP1.
alcohol, with not
more than 10%
alcohol.
[[Page 71]]
* * * * * * *
Receptacles, 2.2 UN2037........... ............... 2.2............... ............... 306............ 304............ None.......... 1 kg.......... 15 kg......... B............. 40
small, containing
gas or gas
cartridges(non-
flammable)
without release
device, not
refillable and
not exceeding 1 L
capacity.
Receptacles, 2.2 UN2037........... ............... 2.2, 5.1.......... A14............ 306............ 304............ None.......... 1 kg.......... 15 kg......... B............. 40
small, containing
gas or gas
cartridges
(oxidizing)
without release
device, not
refillable and
not exceeding 1 L
capacity.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 72]]
* * * * *
0
5. In Sec. 172.202, in paragraph (a)(4), the last sentence is revised
to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(4) * * * The packing group may be preceded by the letters ``PG''
(for example, ``PG II''); and
* * * * *
Sec. 172.322 [Amended]
0
6. In Sec. 172.322, in paragraph (e)(2)(i) introductory text, the
number ``4'' is revised to read ``3.9'' and in paragraph (e)(2)(ii),
the number ``10'' is revised to read ``9.8''.
0
7. In Sec. 172.407, paragraph (c)(2) is revised to read as follows:
Sec. 172.407 Label specifications.
* * * * *
(c) * * *
(2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width.
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
* * * * *
0
8. In Sec. 172.448, paragraph (c) is revised to read as follows:
Sec. 172.448 CARGO AIRCRAFT ONLY label.
* * * * *
(c) A CARGO AIRCRAFT ONLY label conforming to the specifications in
this section and in Sec. 172.407(c)(2) in effect on October 1, 2008,
may be used until January 1, 2013.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
9. 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.
0
10. In Sec. 173.4a, paragraphs (c)(1), (e)(3)(i), and (g)(2) are
revised to read as follows:
Sec. 173.4a Excepted quantities.
* * * * *
(c) * * *
(1) For toxic material with a Division 6.1 primary or subsidiary
hazard, PG I or II--
(i) 1 g (0.04 ounce) for solids; or
(ii) 1 mL (0.03 ounce) for liquids;
* * * * *
(e) * * *
(3) * * *
(i) Will absorb the entire contents of the inner packaging.
* * * * *
(g) * * *
(2) The marking must not be less than 100 mm (3.9 inches) by 100 mm
(3.9 inches), and must be durable and clearly visible.
* * * * *
0
11. In Sec. 173.29, paragraph (b)(2)(iv)(B) is revised to read as
follows:
Sec. 173.29 Empty packagings.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(B) A Division 2.2 non-flammable gas, other than ammonia,
anhydrous, and with no subsidiary hazard, at a gauge pressure less than
200 kPa (29.0 psig); at 20 [deg]C (68 [deg]F); and
* * * * *
0
12. In Sec. 173.62, in the paragraph (c)(5) Table of Packing Methods,
packing instruction entry 114(b) is revised to read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(c) * * *
(5) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Intermediate
Packing instruction Inner packagings packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
114(b) This packing instruction Bags Not necessary........ Boxes.
applies to dry solids paper, kraft ..................... natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR plastics ..................... (4C1).
EXCEPTIONS:. textile, sift-proof ..................... natural wood, sift-proof
1. For UN 0077, 0132, 0234, 0235 woven plastics, sift- ..................... walls (4C2).
and 0236, packagings must be lead proof. ..................... plywood (4D).
free. ........................ ..................... reconstituted wood (4F).
2. For UN 0160 and UN 0161, when Receptacles ..................... fiberboard (4G).
metal drums (1A2 or 1B2) are used ................... ..........................
as the outer packaging, metal fiberboard Drums.
packagings must be so constructed metal steel, removable head
that the risk of explosion, by paper (1A2).
reason of increased internal plastics aluminum, removable head
pressure from internal or external woven plastics, sift- (1B2).
causes, is prevented. proof. plywood (1D).
3. For UN 0160, UN 0161, and UN fiber (1G).
0508, inner packagings are not plastics, removable head
necessary if drums are used as the (1H2).
outer packaging.
4. For UN 0508 and UN 0509, metal
packagings must not be used.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 173.115 [Amended]
0
13. In Sec. 173.115, in paragraph (b)(1), the number ``25.9'' is
revised to read ``29.0''.
0
14. In Sec. 173.159a, the section heading is revised to read as set
for below and in paragraph (b), the word ``nonspillable'' is revised to
read ``non-spillable'' in each place it appears.
Sec. 173.159a Exceptions for non-spillable batteries.
* * * * *
0
15. In Sec. 173.206, paragraph (c) is revised to read as follows:
Sec. 173.206 Packaging requirements for chlorosilanes.
* * * * *
(c) Except for transportation by passenger aircraft, the following
single packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1
[[Page 73]]
Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG I), specification or UN standard, as
prescribed for any compressed gas, except Specification 3HT and those
prescribed for acetylene
Cylinders (for liquids in PG II), specification, as prescribed for
any compressed gas, except Specification 8 and 3HT cylinders.
0
16. In Sec. 173.220, in paragraph (d), the first sentence is revised
to read as follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery powered vehicles or equipment.
* * * * *
(d) Lithium batteries. Except as provided in Sec. 172.102, Special
Provision A101 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. *
* *
* * * * *
0
17. In Sec. 173.230, paragraphs (e)(2)(i) and (ii) and (f)(2) through
(4) are revised to read as follows:
Sec. 173.230 Fuel cell cartridges containing hazardous material.
* * * * *
(e) * * *
(2) * * *
(i) Fuel cell cartridges packed with equipment must be packed with
cushioning material or divider(s) or inner packagings so that the fuel
cell cartridges are protected against damage that may be caused by the
shifting or placement of the equipment and cartridges within the
packaging.
(ii) Fuel cell cartridges contained in equipment must be protected
against short circuits and the entire fuel cell system must be
protected from unintentional activation. The equipment must be securely
cushioned in the outer packaging.
(f) * * *
(2) For fuel cell cartridges contained in equipment, fuel cell
systems must not charge batteries during transport;
(3) For transportation aboard passenger aircraft, for fuel cell
cartridges contained in equipment, each fuel cell system and fuel cell
cartridge must conform to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec. 171.7
of this subchapter) or a standard approved by the Associate
Administrator;
(4) When packed with equipment, fuel cell cartridges must be packed
in an intermediate packaging along with the equipment they are capable
of powering, and the intermediate packagings packed in a strong outer
packaging. The maximum number of fuel cell cartridges in the
intermediate packaging may not be more than the number required to
power the equipment, plus two spares;
* * * * *
0
18. In Sec. 173.306, paragraph (a)(5)(v) is revised, paragraph
(a)(5)(vi) is redesignated as paragraph (a)(5)(vii), and new paragraph
(a)(5)(vi) is added to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
(a) * * *
(5) * * *
(v) Except as provided in paragraph (a)(5)(vi) of this section,
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 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase
does not exceed 95% of the capacity of the container at 50 [deg]C (122
[deg]F). If the contents are sensitive to heat, or if the container is
made of plastic material which softens at this test temperature, the
temperature of the bath must be set at between 20 [deg]C (68 [deg]F)
and 30 [deg]C (86 [deg]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 except that a plastic container
may be deformed through softening provided that it does not leak.
(vi) As an alternative to the hot water bath test in paragraph
(a)(5)(v) of this section, testing may be performed as follows:
(A) Pressure and leak testing before filling. Each empty container
must be subjected to a pressure equal to or in excess of the maximum
expected in the filled containers at 55 [deg]C (131 [deg]F) (or 50
[deg]C (122 [deg]F) if the liquid phase does not exceed 95 percent of
the capacity of the container at 50 [deg]C (122 [deg]F). This must be
at least two-thirds of the design pressure of the container. If any
container shows evidence of leakage at a rate equal to or greater than
3.3 x 10-2 mbar[Cdot] L/s at the test pressure, distortion
or other defect, it must be rejected; and
(B) Testing after filling. Prior to filling, the filler must ensure
that the crimping equipment is set appropriately and the specified
propellant is used before filling the container. 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 x
10-3 mbar[Cdot] L/s at 20 [deg]C (68 [deg]F). Any filled
container which shows evidence of leakage, deformation, or excessive
weight must be rejected.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
19. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
0
20. In Sec. 175.10, paragraphs (a)(15)(iv)(B) and (a)(18)(ii) are
revised to read as follows:
Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.
(a) * * *
(15) * * *
(iv) * * *
(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
* * * * *
(18) * * *
(ii) The maximum water capacity of a fuel cell cartridge for
hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The
maximum quantity of fuel in all other fuel cell cartridge types 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; or
(C) 200 g (7 ounces) for solids.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
21. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
22. In Sec. 178.33b, the section heading is revised to read as
follows:
Sec. 178.33b Specification 2S; inner nonrefillable plastic
receptacles.
* * * * *
0
23. Section 178.33b-7 is revised to read as follows:
Sec. 178.33b-7 Design qualification test.
(a) Drop testing. (1) To ensure that creep does not affect the
ability of the container to retain the contents, each new design must
be drop tested as follows: Three groups of twenty-five filled
containers must be dropped from 1.8 m (5.9 ft) on to a rigid, non-
resilient, flat and horizontal surface. One group must be conditioned
at 38 [deg]C (100 [deg]F)
[[Page 74]]
for 26 weeks, the second group for 100 hours at 50 [deg]C (122 [deg]F)
and the third group for 18 hours at 55 [deg]C (131 [deg]F), prior to
performing the drop test. The closure, or sealing component of the
container, must not be protected during the tes
