Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, 52070-52138 [2010-19952]
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
178, and 180
[Docket Nos. PHMSA–2009–0126 (HM–
215K)]
RIN 2137–AE45
Hazardous Materials: Harmonization
With the United Nations
Recommendations, International
Maritime Dangerous Goods Code, and
the International Civil Aviation
Organization Technical Instructions for
the Safe Transport of Dangerous
Goods by Air
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PHMSA proposes to amend
the Hazardous Materials Regulations to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. These revisions are
necessary to harmonize the Hazardous
Materials Regulations with recent
changes made to the International
Maritime Dangerous Goods Code, the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods—Model Regulations.
DATES: Comments must be received by
October 25, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Fax: 1–202–493–2251.
Mail: Docket Management System;
U.S. Department of Transportation,
Dockets Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
Hand Delivery: To U.S. Department of
Transportation, Dockets Operations, M–
30, Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001 between 9 a.m. and
5 p.m. Monday through Friday, except
Federal holidays.
Instructions: Include the agency name
and docket number PHMSA–2009–0126
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SUMMARY:
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(HM–215K) or RIN 2137–AE45 for this
rulemaking at the beginning of your
comment. Note that all comments
received will be posted without change
to https://www.regulations.gov including
any personal information provided. If
sent by mail, comments must be
submitted in duplicate. Persons wishing
to receive confirmation of receipt of
their comments must include a selfaddressed stamped postcard.
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
www.regulations.gov.
Docket: You may view the public
docket through the Internet at https://
www.regulations.gov or in person at the
Docket Operations office at the above
address (See ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Michael Stevens, Office of Hazardous
Materials Standards, telephone (202)
366–8553, or Shane Kelley,
International Standards, telephone (202)
366–0656, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., 2nd Floor,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. ANPRM
III. Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for
Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a final rule published December 21,
1990 (Docket HM–181; 55 FR 52402),
the Research and Special Programs
Administration (RSPA), the predecessor
agency to the Pipeline and Hazardous
Materials Safety Administration
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(PHMSA), comprehensively revised the
Hazardous Materials Regulations (HMR;
49 CFR Parts 171 to 180) to harmonize
U.S. hazardous materials transportation
requirements with the United Nations
Recommendations on the Transport of
Dangerous Goods (UN Model
Regulations). The UN Model
Regulations are not regulations, but
rather are recommendations issued by
the UN Committee of Experts on the
Transport of Dangerous Goods
(UNSCOE) and the Globally
Harmonized System of Classification
and Labeling of Chemicals (GHS). These
Model Regulations are amended and
updated biennially by the UNSCOE and
serve as the basis for national, regional,
and international modal regulations,
including the International Maritime
Organization’s International Maritime
Dangerous Goods Code (IMDG Code)
and International Civil Aviation
Organization Technical Instructions
(ICAO TI) for the Transport of
Dangerous Goods by Air.
Since publication of the 1990 rule, we
have issued eight additional
international harmonization rules
(Dockets HM–215A, 59 FR 67390; HM–
215B, 62 FR 24690; HM–215C, 64 FR
10742; HM–215D, 66 FR 33316; HM–
215E, 68 FR 44992; HM–215G, 69 FR
76044; HM–215I, 71 FR 78595; and
HM–215J, 74 FR 2200) based on the
corresponding biennial updates of the
UN Model Regulations, the IMDG Code,
and the ICAO TI.
To maintain alignment of the HMR
with international requirements, in this
NPRM, we are proposing to incorporate
changes based on the Sixteenth revised
edition of the UN Model Regulations,
Amendment 35–10 to the IMDG Code,
and the 2011–2012 ICAO TI, which
becomes effective January 1, 2011 (the
IMDG Code is effective January 1, 2012).
Federal law and policy strongly favor
the harmonization of domestic and
international standards for hazardous
materials transportation. The Federal
hazardous materials transportation law
(Federal hazmat law; 49 U.S.C. 5101 et
seq.) permits PHMSA to depart from
international standards in order to
promote safety or other overriding
public interest, but otherwise requires
PHMSA to align the HMR with
international transport standards and
requirements to the extent practicable
(see 49 U.S.C. 5120). Harmonization
facilitates international trade by
minimizing the costs and other burdens
of complying with multiple or
inconsistent safety requirements for
transportation of hazardous materials to
and from the United States and becomes
increasingly important as the volume of
hazardous materials transported in
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international commerce grows. By
facilitating compliance, harmonization
also tends to enhance safety for
international movements, but only if the
international standards themselves
provide an appropriate level of safety.
To that end, PHMSA actively
participates in the development of
international standards for the
transportation of hazardous materials,
frequently advocating the adoption in
international standards of particular
HMR requirements.
When considering the adoption of
international standards under the HMR,
we review and evaluate each
amendment on its own merit, on the
basis of its overall impact on
transportation safety, and the economic
implications associated with its
adoption into the HMR. Our goal is to
harmonize without diminishing the
level of safety currently provided by the
HMR and without imposing undue
burdens on the regulated public.
II. ANPRM
On October 21, 2009, PHMSA
published an advance notice of
proposed rulemaking (ANPRM; 74 FR
53982) highlighting issues under
consideration for harmonization with
international standards and requesting
comments as to whether the HMR
should be amended to incorporate
specific international standards and the
potential benefits and costs of doing so.
The following companies and
organizations submitted comments in
response to the ANPRM:
(1) Institute of Makers of Explosives
(IME; PHMSA–2009–0126–0003);
(2) United Parcel Service (UPS;
PHMSA–2009–0126–0005);
(3) Sporting Arms and Ammunition
Manufacturers’ Institute (SAAMI;
PHMSA–2009–0126–0006);
(4) Dangerous Goods Advisory
Council (DGAC; PHMSA–2009–0126–
0007);
(5) Reusable Industrial Packaging
Association (RIPA; PHMSA–2009–
0126–0008);
(6) Association of Hazmat Shippers,
Inc. (AHS; PHMSA–2009–0126–0009);
(7) U.S. Fuel Cell Council (USFCC;
PHMSA–2009–0126–0010);
(8) The Council on Safe
Transportation of Hazardous Articles,
Inc. (COSTHA; PHMSA–2009–0126–
0011);
(9) Federal Express (FedEx; PHMSA–
2009–0126–0012);
(10) American Petroleum Institute
(API; PHMSA–2009–0126–0013);
(11) American Coatings Association,
Inc. (ACA; PHMSA–2009–0126–0014);
(12) PPG Industries, Inc. (PPG;
PHMSA–2009–0126–0016);
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(13) E.I. DuPont de Nemours and
Company (DuPont; PHMSA–2009–
0126–0018);
(14) The Alliance of Special Effects
and Pyrotechnics Operators, Inc.
(ASEPO; PHMSA–2009–0126–0020).
Comments on specific harmonization
issues are discussed below.
A. Classification of Sour Crude Oil
Transportation of sour crude oil may
pose risks due to its inherent potential
of evolving hydrogen sulfide, a highly
toxic and flammable gas. Sour crude oil,
commonly found in North America,
contains a high concentration of sulfur.
The evolution of hydrogen sulfide
vapors from crude oil is dependent on
temperature, packaging confinement,
transport conditions (e.g., sloshing),
bacteria, and sulfur concentration,
among many other potential factors.
Based on the risk of toxic vapors, the
UN Model Regulations were amended
by assigning a new identification
number and shipping description for
sour crude oil with a flammable primary
hazard and a toxic subsidiary hazard.
Additionally, a new special provision
was added specifying the assignment of
a Packing Group (PG) based on the
degree of danger presented by either the
flammability or toxicity hazard of the
sour crude oil. For example, sour crude
oil meeting flammability criteria for
Class 3, PG II, and toxicity criteria for
Division 6.1, PG I, poisonous-byinhalation, would be classified as a
Class 3, PG I material.
In the ANPRM, PHMSA invited
commenters to provide data and
information concerning the impact on
domestic shippers and carriers if these
requirements are adopted in the HMR.
The agency also asked for comments
addressing which hazard
communication methods (e.g., package
markings, shipping papers) and/or
packaging requirements are most costeffective for communicating the hazards
and reducing the risks of transporting
sour crude oil.
We received two comments (API,
DGAC) opposing adoption of the UN
amendments for the description and
classification of sour crude oil into the
HMR. DGAC recommends against
requiring domestic use of the new
proper shipping name for sour crude oil
with a Division 6.1 subsidiary risk and
recommends that use be limited to
international transport. The DGAC
states:
[T]he new [proper shipping name] would
introduce impracticalities into the collection
and transport of crude oil * * * Crude oil
carriers, who currently use flammable liquid
placards displaying UN1267 and who
typically use permanent shipping papers,
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would now be required to assess the
inhalation hazard of each crude oil batch
they transport and switch to other placards
and shipping papers based on their
assessment. In addition, § 173.244 would
suggest that some of these crude oils with a
Division 6.1 subsidiary risk would be
required to be transported in higher integrity
bulk packagings. We consider this highly
inappropriate. The concentration of
[hydrogen sulfide] in the liquid crude oil
phase under classification conditions will
not predict the hydrogen sulfide
concentration in the headspace during
transport. It is not possible to use existing UN
classification criteria for [D]ivision 6.1 in
classifying crude oils as inhalation hazard
substances or assigning the packing group.
We also noted that classification on the basis
of the possible evolution of [hydrogen
sulfide] vapors is unprecedented and that
there are other substances with the potential
to evolve hydrogen sulfide vapors * * *
Exposure to high concentrations of [hydrogen
sulfide] is most likely when the cargo tank
truck is opened or when a tank is reloaded
* * * The hazard is essentially a workplace
hazard. For purposes of the HMR, DGAC
recommends limiting the provisions to cargo
tank truck [loading and unloading]
operations.
DGAC recommends that PHMSA
require drivers engaged in the loading
and unloading of sour crude oil to wear
a hydrogen sulfide monitoring device
and have respiratory protection
accessible, and require warning signs at
the cargo tank manhole and area of
operation.
In its comments, API recognizes that
hydrogen sulfide is a hazard, but
suggests that classification of crude oil
at the time of shipment may not reflect
the toxicity of hydrogen sulfide in the
vapor space of a cargo tank or other
packaging after the crude oil has been in
transportation. API also notes that there
are best industry practices already in
place. API states:
[C]reation of a new classification scheme
with the addition of a new [proper shipping
name] for sour crude oil, and leaving the
current classification and [proper shipping
name] for ‘‘other’’ crude oils, will increase
risks at this time, DOT should not harmonize
the HMR with the new amendments in the
UN Model Regulations regarding
classification of sour crude. Before changing
the HMR, criteria for sour crude should be
defined and a valid test methodology should
be developed * * * the occurrence of
hazardous levels of [hydrogen sulfide] cannot
be predicted from the liquid state [of crude
oil]. Safe transport of these materials * * *
is best accomplished through training, proper
handling procedures, monitoring, and use of
proper personal protective equipment, and
not a separate identification number,
shipping description, or packing group for
sour crude oils * * * Until an accurate and
accepted method for predicting [hydrogen
sulfide] evolution [into the vapor space of
packaging] and a corresponding toxicity and
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hazard during transport is available. * * *
The U.S. government should not propose
adoption of the [UN] classification scheme in
the HMR.
API adds that the Occupational Safety
and Health Administration (OSHA) has
requirements in place to communicate
the hazards of hydrogen sulfide in the
workplace. API supports other means of
hazard communication to ensure that
workers are aware of the hazards of
hydrogen sulfide such as a marking on
a bulk packaging.
Currently, petroleum crude oil is
listed as a Class 3 flammable liquid in
the § 172.101 Hazardous Materials Table
(HMT). PHMSA is aware that, in some
instances, petroleum crude oil may
evolve hydrogen sulfide gas, a toxic-byinhalation material. When transported
in bulk packagings such as cargo tanks,
the evolved hydrogen sulfide gas may
build up in the vapor space of the
packaging, posing a potential risk, in
particular, during loading and
unloading. The following table
illustrates the dangerous effects of
hydrogen sulfide gas exposure to
humans:
EFFECTS OF HYDROGEN SULFIDE ON HUMANS 1
Effect
Concentration (ppm)
Detectable odor ...................................................................................................................................................................
Maximum allowable concentration for daily 8-hour exposure .............................................................................................
Eye and respiratory irritation ...............................................................................................................................................
Olfactory nerve paralysis .....................................................................................................................................................
Exposure may cause pulmonary edema .............................................................................................................................
Systemic symptoms occur in 1⁄2 hour .................................................................................................................................
Quickly unconscious; death without rescue ........................................................................................................................
Rapid collapse; respiratory paralysis ...................................................................................................................................
Immediate death ..................................................................................................................................................................
The agency agrees with the
commenters that a new proper shipping
name is not necessary and that there are
more cost-effective ways to
communicate the potential inhalation
hazard risk to transport workers.
Therefore, in this NPRM, PHMSA
proposes to include the new proper
shipping name in the UN Model
Regulations—‘‘Petroleum sour crude oil,
flammable, toxic’’—with the letter ‘‘I’’ in
Column (1) of the HMT indicating that
this description may be used for
international transportation. However,
PHMSA is not proposing to require use
of the new proper shipping name for
domestic transportation. Additionally,
PHMSA is proposing a new marking be
applied to bulk packagings containing
sour crude in order to communicate the
potential inhalation risk in
transportation. See Section 172.327 for
a discussion of proposed marking
requirements.
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B. Classification of Division 1.4S
Explosives
For eight Division 1.4 explosive
articles (UN0323, UN0366, UN0441,
UN0445, UN0455, UN0456, UN0460,
and UN0500), the UN Model
1 References: Milby T. Baselt R. Hydrogen sulfide
poisoning. Clarification of some controversial
issues. Am J Ind Med. 1999; 35: 192–195.
Beauchamp R, Bus J, Popp J, Boreiko C,
Andjelkovich D. A critical review of the literature
on hydrogen sulfide toxicity. CRC Crit Rev Toxicol.
1984; 13:25–97. Deng J. Hydrogen sulfide. In:
Sullivan J, Kreiger G, eds. Hazardous Materials
Toxicology: Clinical Principles of Environmental
Health. Baltimore: Williams and Wilkins; 1997:
711–717. National Institute for Occupational Safety
and Health. Criteria for a Recommended Standard
for Occupational Exposure to Hydrogen Sulfide.
Washington, DC: U.S. Government Printing Office;
1977: 23. DHEW (NIOSH) Publication No. 77–158.
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Regulations have been amended to
require a Type 6(d) test to determine
whether an article may be assigned to
Compatibility Group S. The test is
performed on a single package
containing an explosive substance or
explosive article to determine if the
package is capable of containing any
hazardous effects in the event of an
accidental initiation or ignition of its
contents. The amendments include
revisions to the explosives testing
standards in the UN Manual of Tests
and Criteria and include a new special
provision that would allow the use of
the above mentioned identification
numbers only if the results of test Type
6(d) successfully demonstrate that any
hazardous effects are confined within a
package. In the ANPRM, we invited
commenters to provide data and
information concerning the possible
safety impacts of the new test provisions
and compliance costs that would be
incurred if the new test is adopted in the
HMR. In addition, we invited
commenters to provide suggestions or
recommendations concerning whether
to apply the test to already-approved
explosives.
We received several comments both
supporting (COSTHA, DGAC, and IME)
and opposing (ASEPO and SAAMI)
adoption of the Type 6(d) test to
determine whether a Division 1.4
explosive article may be assigned to
Compatibility Group S. All the
commenters who addressed this issue
indicate that, if adopted, the test must
be applied to previously-approved
articles in a manner that is reasonable
and not overly broad. A suggestion by
both DGAC and IME is to allow the
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0.2
20
50
150
250
500
750
1,000
5,000
classification of previously-approved
explosive articles to be based on results
of testing of product groups by a
PHMSA-approved laboratory or based
on results of self-testing and video
documentation by the manufacturer.
Concerning compliance costs, IME
states:
[D]epending upon the laboratory, the cost
of performing the test will range from $1,000
to $5,000 per article tested. This estimate
includes the cost of samples consumed in
testing, the cost of transporting those samples
to the laboratory, and the cost of set up,
performance, and evaluation of the test. In
the case of already approved explosives, if
self-testing is allowed, the cost per article
tested might be somewhat reduced. Also, the
cost of the test will be influenced by the
extent to which testing is required * * * If
the current practice of family classifications
is maintained, where ‘‘worst-case’’
representative samples are allowed for
evaluation of groups of similar articles, the
number of tests and the cost of those tests
will be reduced.
ASEPO and SAAMI oppose adoption
of the Type 6(d) test. SAAMI suggests
that more research on the practical
effect of this testing requirement is
necessary and that the lack of
grandfathering criteria for products
already approved as Division 1.4S
explosives (e.g., power device
cartridges) is impractical, expensive,
and impedes commerce. Concerning
compliance costs, ASEPO states:
[O]ur organization has contacted all the
authorized laboratories regarding the cost of
conducting the testing. While the ‘‘several
thousand dollars’’ figure for testing alone
often associated with discussions of such
inquiries is not inaccurate, it is important to
note that we also received a detailed proposal
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from one laboratory for $10,000 and one for
$13,000 for this [Type 6(d)] test.
ASEPO also indicates concern
regarding the cost of articles consumed
in testing in addition to the cost of pretesting or redesign of an article by a
manufacturer to ensure passing the
Type 6(d) test, but did not quantify
these costs.
While PHMSA understands that
additional required tests usually result
in increased research and development
costs, we believe there is merit to
additional required tests when there is
a credible and measureable increase in
safety. Consequently, PHMSA proposes
to require the incremental testing of all
new and previously approved designs,
depending on the intended mode of
transport, under the newly adopted
criteria for those affected articles
expected to obtain or retain a Division
1.4S classification. For newly produced
explosive articles, a person who
successfully performs the Type 6(d) test
would not be required to also perform
the Type 6(a) test. PHMSA believes such
initiatives will greatly reduce research
and development costs without
compromising safety.
In this NPRM, PHMSA proposes to
require the Type 6(d) test as prescribed
in Section 16.7 of the Fifth revised
edition of the UN Manual of Tests and
Criteria in the new § 172.102(c)(1),
Special provision 347. PHMSA is
proposing that for affected articles
intended for transportation by aircraft,
the effective date of this new
requirement is April 1, 2011. If a
manufacturer or approval holder of
affected articles that previously classed
and approved an article as Division 1.4S
chooses to continue offering such
shipments by aircraft, the articles must
be successfully tested under Test Series
6(d) and a new approval obtained from
PHMSA. Additionally, a previously
classed and approved Division 1.4S
article that is not successfully tested
under Test Series 6(d) must be assigned
to a compatibility group other than ‘‘S’’
(e.g., B, C, or D) prior to the April 1,
2011 effective date if intended for
transportation by aircraft on or after that
date. PHMSA is also proposing that the
effective date of testing to maintain
Division 1.4S classification or
reclassification to a higher compatibility
group other than ‘‘S’’ is no later than
January 1, 2014 for Division 1.4S
articles approved prior to January 1,
2012 and are intended for domestic
highway or rail transportation. For
previously-approved affected articles
transported by highway, rail and vessel,
reclassification to a compatibility group
other than ‘‘S’’ may be accomplished by
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using existing data and when
recommended by an authorized
examination and testing agency
approved by PHMSA. For international
highway, rail and vessel transportation,
the proposed effective date of Type 6(d)
testing requirements or reclassification
for new and previously produced
affected articles is January 1, 2012 (i.e.,
the compliance date of a final rule
under this docket, if adopted as
proposed).
C. IBC Rebottling
Under both the UN Model Regulations
and the HMR, replacement of the rigid
plastic receptacle of a composite IBC is
considered a ‘‘repair’’ under certain
conditions and, thus, not subject to
design qualification testing as a new or
different design. The UN Model
Regulations were amended to specify
that a replacement bottle (i.e., rigid
plastic receptacle) must be of the
original tested design type and limits
the replacement to a bottle from the
original manufacturer. In the ANPRM,
we invited comments on this
amendment and how, if adopted in the
HMR, it would impact the use of IBCs
in domestic or international commerce.
All commenters who addressed this
issue (DGAC, DuPont, and RIPA)
support the adoption of the UN Model
Regulations definition of ‘‘repair’’ for
IBC rebottling purposes. The comments
include a request for an extended
compliance date of January 1, 2012, to
provide users and manufacturers of
composite IBCs adequate time to
implement the provision and not place
them at an economic disadvantage with
international counterparts. In this
NPRM, we are proposing to adopt the
revised definition of ‘‘repair’’ for
composite IBCs consistent with
international standards. Additionally, to
address commenter concern, PHMSA
reminds them of the proposed
compliance date of a final rule under
this docket would be no earlier than
January 1, 2012. See Section 180.350 for
a discussion of the proposed revision.
D. Limited Quantities and Consumer
Commodities
PHMSA has long recognized the need
to authorize limited exceptions for the
transportation of certain hazardous
materials described as limited quantities
or consumer commodities. Considerable
efforts have recently been made
internationally to harmonize multimodal standards with regard to the
transport of limited quantities,
including consumer commodities.
PHMSA held public meetings on this
issue in February, 2006 and March,
2008 to discuss potential impacts on
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domestic stakeholders. Additionally,
this issue was discussed during the
agency’s pre-UN public meetings held
in 2006 and 2007. There was
considerable domestic interest in
pursuing further harmonization
internationally due to the potential for
substantial savings in transportation
costs and improved transportation
efficiency. In the ANPRM, PHMSA
invited comments on this issue with
regard to aligning the HMR with the UN
Model Regulations for the domestic and
international transport of limited
quantities and consumer commodities.
Of particular concern, was any potential
negative impact on the domestic
transportation of hazardous materials
reclassed as Consumer commodity,
ORM–D. While some changes adopted
in the UN Model Regulations are similar
to those currently in the HMR (e.g.,
inner packaging limits and authorized
use of non-specification outer
packagings), some changes are not (e.g.,
marking, labeling and package gross
mass). PHMSA suggested that,
depending on comments received and
our own evaluation, the agency may
determine that the significance of any
amendments on this issue may warrant
a separate rulemaking action.
We received several comments (ACA,
AHS, COSTHA, DGAC, DuPont, FedEx,
PPG, SAAMI, and UPS) supporting
adoption of the UN Model Regulation
limited quantity provisions into the
HMR. UPS urges PHMSA to move to
adopt the Limited Quantity provisions
as contained in the UN Model
Regulations, stating:
[B]y * * * phasing out the current
provisions of 49 CFR on a well-publicized
schedule, PHMSA will improve the general
understanding * * * [I]t is the
understanding of UPS that PHMSA may be
contemplating replacement of the current
ORM–D classifications with the Limited
Quantity provisions of the UN Model
Regulations. UPS supports such a change
* * * The U.S. is unique in its use of the
ORM–D classification; other countries do not
always recognize the meaning of the ORM–
D marking, which means that packages
intended for global commerce must be
marked in more than one way. While
PHMSA has held that such dual (or multiple)
markings are authorized, multiple markings
complicate hazard communication and have
the potential to confuse both shipper and
carrier personnel.
AHS adds:
To cut back to one system, using one mark,
without shipping documents and
descriptions for each separate inner
receptacle, would enhance compliance and
comprehension throughout the transportation
system.
However, several commenters (ACA,
DGAC, DuPont, and SAAMI) express
concern that this should not be done at
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the expense of the ORM–D provisions
currently in the HMR. ACA opposes the
elimination of the existing provisions
for ORM–D materials as part of HM–
215K and recommends that any changes
to the requirements be made through a
separate rulemaking. SAAMI states:
[SAAMI] welcome[s] changes to the
Limited Quantities (LQ) system which will
reduce the regulatory burden for lower
hazard products in consumer sized packages
* * * and government and industry need
time to use the new system and work out any
bugs. If in the future LQ is shown to have all
the benefits of ORM–D, then ORM–D can be
phased out. Meanwhile, the ORM–D system
in the US should remain unchanged.
DGAC notes:
[S]ome items eligible for ORM–D
classification are not permitted as limited
quantities (e.g., small arms ammunition). In
addition, we note that ORM–D provisions in
§ 173.156 important to retail sale of consumer
commodities are not applicable to limited
quantities of hazardous materials. We also
note that the US Postal Service regulations
allow some ORM–D materials to be
transported by mail. Eliminating ORM–D
provisions could adversely impact use of the
mail for packages of some ORM–D materials
(e.g., recycling of small spent fuel cell
devices).
PHMSA believes that aligning the
existing limited quantity provisions in
the HMR with the international
standards will substantially enhance
safety. The agency emphasizes that the
proposals in this NPRM do not include
the immediate or short-term removal of
the existing ‘‘limited quantity’’
provisions in the HMR (including
Consumer commodities, Cartridges,
small arms and Cartridges, power device
in the ORM–D hazard class). Because
the limited quantity provisions in the
UN Model Regulations and the IMDG
Code are closely aligned with those
already contained in the HMR, domestic
alignment for highway, rail and vessel
transportation will result in minimal
impact and regulatory burden. And,
because of the inherent risk unique to
air transportation, we believe full
harmonization with the ICAO TI (where
appropriate) is necessary with regard to
the materials authorized and quantity
limits for limited quantities (including
consumer commodities) intended for
transport by air. The following table is
used to illustrate the differences that
exist between the HMR and
corresponding international modal
standards regarding limited quantities
and consumer commodities:
LIMITED QUANTITIES AND CONSUMER COMMODITIES
Requirement
HMR LQ
HMR ORM–D
UN LQ
ICAO TI LQ
IMDG CODE LQ
Marking .......................
PSN or UN diamond/
ID# (§§ 172.301
and 172.315).
‘‘ORM–D’’ or ‘‘ORM–
D–AIR’’ ‘‘Consumer
commodity’’
(§ 172.316).
UN diamond/ID# unless consumer
commodity (ID# not
required).
PSN, ID# or diamond
and ‘‘LTD QTY.’’
Labeling ......................
None unless Division
6.1, Packing
Groups II and III.
Required ...................
None .........................
None .........................
Required ...................
ORM–D–AIR only unless RQ, waste or
MARPOL.
Generally, all materials authorized LQ
except for Division
6.1, PG II (unless
drug or medicine).
Required unless a
consumer commodity.
Similar to HMR except as follows:
• Division 2.2
only (except
aerosols).
• Certain Class
9 materials not
authorized LQ.
Compared to
HMR, the
UNMR:
• Permits (9) PG
I Class 3 materials as LQ.
• Permits (10)
Class 9 materials as LQ.
Required ...................
UN diamond/ID# unless consumer
commodity (ID# not
required). Exception includes
MARPOL.
None (Placard-size
CTU LQ mark required).
Required unless consumer commodity.
Documentation ...........
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Material Authorizations
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PSN entry must cite
exception section in
Column (8A) of
HMT, typically one
of the following:
• Divisions 2.1
and 2.2 (gases
and aerosols).
• Class 3 (PG II,
III).
• Division 4.1
(Flam solids),
PG II, III.
• Division 4.3,
PG II, III.
• Division 5.1,
PG II, III.
• Division 5.2,
Types B, C, D,
E, F.
• Division 6.1,
PG II, III.
• Class 8, PG II,
III.
• Class 9 ...........
Compared to
UNMR the
HMR:
• Permits (23)
PG I Class 3
materials as
LQ..
• Permits (11)
Class 9 materials as LQ.
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• Aerosols (Divisions
2.1, 2.1 w/sub
risks) and Small receptacles (Divisions
2.1, 2.2 w/o sub
risks).
• Class 3, PG II,
III..
• Division 4.1, PG II,
III (no selfreactives).
• Division 4.3, PG II,
III (solids only).
• Division 5.1, PG
II,III.
• Division 5.2, Types
C, D, E, F when
part of PRK, FAK
or CK.
• Division 6.1, PG II,
III.
• Class 8, PG II, III
excluding 2794,
2795, 2803, 2809
and 3028 (batteries, gallium, mercury).
• Class 9 (1941,
1990, 2071, 3077,
3082, 3316 only).
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LIMITED QUANTITIES AND CONSUMER COMMODITIES—Continued
HMR LQ
HMR ORM–D
UN LQ
ICAO TI LQ
LQ Quantity Limits .....
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Requirement
• Aerosols more restrictive than
UNMR, ICAO TI
and IMDG Code.
• Classes and Divisions 3–9 generally
aligned w/int’l
codes except for
materials w/primary
or sub risk of Division 6.1, PG II and
III.
ORM–D–AIR inner
packaging quantity
limits are specified
in § 173.27 and are
based on Column
(9A) and (9B) values in the HMT, or,
in §§ 173.150–
173.155 and
173.306, whichever
value is more restrictive. They normally exceed the
ICAO TI inner
packaging quantity
limit values for LQ.
Generally, aligned
with HMR w/minor
differences (e.g.,
Division 6.1 and
Class 9 materials).
• Aerosols/Small receptacles: 30 Kg G.
• Inner and outer
packaging quantity
limits generally
aligned with UNMR.
Based on the favorable comments
received in response to the ANPRM,
PHMSA proposes to adopt limited
quantities provisions into the HMR
based on the UN Model Regulations,
IMDG Code and the ICAO TI that
include a transitional period sufficient
in length to allow stakeholders adequate
time to comply with the new
requirements. We are proposing to
authorize immediate voluntary
compliance with the new requirements
upon the effective date of any final rule.
Additionally, we are proposing to
eliminate the ORM–D and ORM–D–AIR
hazard class limited quantities
described as ‘‘Consumer commodities’’
after three years, effective January 1,
2014, if the amendments proposed in
this notice are adopted in a final rule.
Such materials or articles would simply
become limited quantities based on risk
rather than their intended end-use.
Additionally, for transportation by
domestic highway or rail, alignment of
the HMR with international standards
actually increases the number of
exceptions provided to limited
quantities and consumer commodities
when compared to current HMR
requirements for such materials and
articles. To address comments regarding
exceptions provided by the HMR to
consumer commodities under § 173.156,
we are proposing to extend the
exceptions to all limited quantities
regardless of their end-use. To address
the comment regarding the U.S. Postal
Service (USPS) allowing certain
packages classed as ORM–D in the
postal system, we intend to work very
closely with our USPS counterparts to
ensure a seamless transition to the new
HMR requirements and assist them in
any way we can.
For Cartridges, small arms and
Cartridges, power device in the ORM–D
hazard class, we are proposing to also
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continue authorizing such articles
indefinitely under the exceptions
provided in § 173.63 of the HMR for
domestic transportation by highway or
rail. For more discussion of proposed
amendments to the HMR as a result of
the further alignment with international
standards, see the detailed discussion in
the affected sections under the ‘‘Sectionby-Section Review.’’ The following
sections are affected by the amendments
proposed in this NPRM regarding
limited quantities and consumer
commodities:
• § 172.203 Additional description
requirements.
• § 172.315 Packages containing
limited quantities.
• § 172.316 Packages containing
materials classed as ORM–D.
• § 172.500 Applicability of
placarding requirements.
• § 173.25 Authorized packagings and
overpacks.
• § 173.27 General requirements for
transportation by aircraft.
• § 173.63 Packaging exceptions.
• § 173.144 Other regulated materials
(ORM)—Definitions.
• § 173.150 Exceptions for Class 3
(flammable and combustible liquids).
• § 173.151 Exceptions for Class 4.
• § 173.152 Exceptions for Division
5.1 (oxidizers) and Division 5.2 (organic
peroxides).
• § 173.153 Exceptions for Division
6.1 (poisonous materials).
• § 173.154 Exceptions for Class 8
(corrosive materials).
• § 173.155 Exceptions for Class 9
(miscellaneous hazardous materials).
• § 173.156 Exceptions for ORM
materials.
• § 173.161 Chemical kits and first
aid kits.
• § 173.165 Polyester resin kits.
• § 173.167 Consumer commodities.
• § 173.230 Fuel cell cartridges
containing hazardous material.
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IMDG CODE LQ
Generally, aligned
with UNMR with
minor vesselunique requirements.
• § 173.306 Limited quantities of
compressed gases.
E. Metal Hydride Storage Systems in
Conveyances
A metal hydride storage system is a
single complete hydrogen storage
system that includes a receptacle, metal
hydride, a pressure relief device, a shutoff valve, service equipment, and
internal components. The HMR
currently do not prescribe specific
packaging or shipping methods for
metal hydride storage systems
containing hydrogen. However, PHMSA
has issued a number of special permits
to allow the use of these systems for
transport. The UN Model Regulations,
in new Packing Instruction P205,
prescribe standards for the construction,
qualification, marking and
requalification of such systems. In the
ANPRM, PHMSA invited comments on
whether similar standards should be
adopted in the HMR.
One commenter (DGAC) supports
adoption of the standards for the
construction, qualification, marking,
and requalification of metal hydride
storage systems containing hydrogen.
Thus, in this NPRM, PHMSA is
proposing to adopt the standards for the
construction, qualification, marking and
requalification of hydrogen in metal
hydride storage systems adopted in the
UN Model Regulations. See Section
173.311 for a detailed discussion of
proposed requirements.
F. In Vitro Testing for Corrosivity
In 1993, RSPA (the predecessor
agency to PHMSA) began recognizing an
alternative test method (i.e., in vitro
testing) to determine the corrosivity of
a hazardous material for transportation
purposes under the terms and
conditions specified in a special permit
(DOT–SP 10904). Similar in vitro test
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methods are prescribed in the following
Organization for Economic Cooperation
and Development (OECD) Guidelines for
the Testing of Chemicals and were
adopted in the UN Model Regulations:
• No. 430, In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER) (2004);
• No. 431, In Vitro Skin Corrosion:
Human Skin Model Test (2004); and,
• No. 435, In Vitro Membrane Barrier
Test Method for Skin Corrosion (2006).
Because methods 430 and 431 can be
used to determine corrosivity for other
than transportation purposes, they
cannot be used to determine the Packing
Group (PG) assignment of a material that
tests positive for corrosivity for the
purposes of hazardous materials
transportation. A negative result for
corrosivity under methods 430 and 431
can, however, preclude further testing to
determine the PG assignment using
method 404, the current OECD
Guideline involving in vivo testing or,
method 435, the newly adopted OECD
Guideline involving in vitro testing.
We received three comments (DGAC,
DuPont, and PPG) supporting adoption
and use of the OECD in vitro test
methods for determining corrosivity on
the basis of reducing the number of tests
requiring live animals.
Based on the overwhelming support
for adoption in the HMR, in this NPRM
PHMSA is proposing to adopt and
authorize the use of the OECD in vitro
methods. See § 173.137 for further
discussion of such methods.
III. Harmonization Proposals in This
NPRM
In this NPRM, PHMSA is proposing
the following amendments to harmonize
the HMR with the most recent revisions
to the UN Model Regulations, ICAO TI,
and the IMDG Code:
• Hazardous Materials Table (HMT):
Amendments to the HMT to add, revise,
or remove certain proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, bulk packaging
requirements, passenger and cargo
aircraft maximum quantity limitations,
and vessel stowage provisions.
• Limited Quantity Exceptions:
Amendments for the highway, rail, and
vessel transportation of limited
quantities are based on the recently
adopted limited quantity provisions in
the UN Model Regulations and IMDG
Code. Amendments for the air
transportation of limited quantities are
based on the 2011–2012 revision of the
ICAO TI. In addition, amendments are
proposed to provide a transition period
for complete alignment of the HMR
limited quantity eligibility (including
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consumer commodities and certain
articles of Class 2 and Division 1.4S
reclassed as ORM–D), when transported
by all modes (domestic and
international), in accordance with HMR
requirements that are based on
international standards for limited
quantities and consumer commodities.
• Organic Peroxide Tables:
Amendments to the Organic Peroxide
Tables to add, revise, or remove certain
hazardous materials and provisions.
• Incorporation by Reference:
Amendments to incorporate by
reference the 2011–2012 ICAO TI,
Amendment 35–10 to the IMDG Code,
and the Sixteenth Revised Edition of the
UN Model Regulations. Additionally,
we are proposing to update our
incorporation by reference of the
Canadian Transportation of Dangerous
Goods Regulations to include
Amendment 6 (SOR/2008–34) February
7, 2008 (pertains to miscellaneous
amendments); and Amendment 7 (SOR/
2007–179) August 22, 2007 (pertains to
highway cargo tanks). This
incorporation by reference augments the
broad reciprocity provided in 171.12
where the HMR allow the use of the
Canadian TDG Regulations under
certain conditions when transporting
hazardous materials to or from Canada
by highway or rail.
• Petitions for Rulemaking: We are
addressing one petition for rulemaking:
P–1550, from the People for the Ethical
Treatment of Animals (PETA)
requesting that PHMSA incorporate by
reference OECD Guidelines 430, 431
and 435 into the HMR that prescribe in
vitro testing methods for determining
corrosivity.
• Classification of Sour Crude Oil:
See ANPRM comment summary for
discussion of issue and PHMSA
proposal.
• Classification of Certain Division
1.4S Explosives: See ANPRM comment
summary for discussion of issue and
PHMSA proposal.
• IBC Rebottling: See ANPRM
comment summary for discussion of
issue and PHMSA proposal.
• Metal Hydride Storage Systems in
Conveyances: See ANPRM comment
summary for discussion of issue and
PHMSA proposal.
IV. Amendments Not Being Considered
for Adoption in This NPRM
This NPRM proposes changes to the
HMR based on amendments made in the
UN Model Regulations (Sixteenth
revised edition), IMDG Code
(Amendment 35–10) and the ICAO TI
(2011–2012), which become effective
January 1, 2011 (the IMDG Code is
effective January 1, 2012). We are not,
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however, proposing to adopt all the
amendments made to the various
international standards into the HMR. In
many cases, amendments to the
international recommendations and
regulations have not been adopted
because the framework or structure of
the HMR makes adoption unnecessary.
In other cases, we have handled, or will
be handling, the amendments in
separate rulemaking proceedings. If we
have inadvertently omitted an
amendment in this NPRM, we will
attempt to include the omission in the
final rule. However, our ability to make
changes in a final rule is limited by
requirements of the Administrative
Procedure Act (5 U.S.C. 553). In some
instances, we can adopt a provision
inadvertently omitted in the NPRM if it
is clearly within the scope of changes
proposed in the notice, does not require
substantive changes from the
international standard on which it is
based, and imposes minimal or no cost
impacts on persons subject to the
requirement. Otherwise, in order to
provide opportunity for notice and
comment, the change must first be
proposed in an NPRM.
One of the goals of this rulemaking is
to continue to maintain consistency
between the HMR and the international
requirements. We are not striving to
make the HMR identical to the
international regulations but rather to
remove or avoid potential barriers to
international transportation.
Below is a listing of those significant
amendments to the international
regulations that we are not proposing to
adopt in this NPRM, with a brief
explanation of why the amendment was
not included:
Requirements for Radioactive
Materials. Notwithstanding two minor
shipping paper and labeling
amendments, we are not proposing to
adopt provisions pertaining to the
transportation of Class 7 (radioactive)
materials. Amendments to requirements
pertaining to the transportation of Class
7 (radioactive) materials are based on
changes contained in the International
Atomic Energy Agency (IAEA)
publication, ‘‘IAEA Safety Standards:
Regulations for the Safe Transport of
Radioactive Materials.’’ Due to their
complexity, these changes are being
addressed in a separate rulemaking.
Requirements for Lithium Batteries.
On January 11, 2010, we published an
NPRM (HM–224F; 75 FR 1302). The
NPRM includes provisions to ensure all
lithium batteries are packaged to reduce
the possibility of damage that could lead
to a catastrophic incident, and minimize
the consequences of an incident should
one occur. In addition, PHMSA
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proposed to require lithium battery
shipments to be accompanied by hazard
communication that ensures appropriate
and careful handling by air carrier
personnel, including the flight crew,
and informs both transport workers and
emergency response personnel of
actions to be taken in an emergency.
The NPRM, which PHMSA developed
in close coordination with our
colleagues in the Federal Aviation
Administration, is the latest in a series
of actions PHMSA has taken to address
the very serious risks posed by lithium
batteries in transportation. The NPRM
includes revisions to the HMR that are
based on lithium battery provisions in
the Sixteenth revised edition of the UN
Model Regulations. Therefore, except
for wheelchairs powered by lithium ion
batteries, we are not proposing to adopt
new provisions pertaining to the
transportation of lithium cells and
batteries in this rulemaking. The docket
for the lithium battery rulemaking can
be found elsewhere at https://
www.regulations.gov under PHMSA–
2009–0095.
Requirements for Air Packaging. We
are not proposing to adopt provisions
pertaining to certain packagings offered
for transportation by aircraft under this
rulemaking. PHMSA is considering
certain amendments to the HMR related
to requirements for the packaging of
hazardous materials intended for
transportation by aircraft under a
separate docket (HM–231A). These
would include amendments based on
the reformatted packing instructions in
the 2011–2012 ICAO TI. PHMSA
published an ANPRM on July 7, 2008
(73 FR 38361) and, on May 14, 2010, an
NPRM (75 FR 27273). See https://
www.regulations.gov under PHMSA–
2007–29364 for more information.
V. Section-by-Section Review
Following is a section-by-section
review of the amendments proposed in
this NPRM:
Part 171
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Section 171.7
The ‘‘National Technology Transfer
and Advancement Act of 1996’’ directs
agencies to use voluntary consensus
standards. According to the Office of
Management and Budget (OMB),
Circular A–119, ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
government agencies must use
voluntary consensus standards
wherever practical in the development
of regulations. Agency adoption of
industry standards promotes
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productivity and efficiency in
government and industry, expands
opportunities for international trade,
conserves resources, improves health
and safety, and protects the
environment.
To these ends, PHMSA actively
participates in the development and
updating of consensus standards
through representation on more than 20
consensus standard bodies. PHMSA
regularly reviews updated consensus
standards and considers their merit for
inclusion in the HMR.
Section 171.7 lists all standards
incorporated by reference into the HMR.
For this rulemaking, we evaluated
updated international consensus
standards pertaining to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements and determined that the
revised standards provide an enhanced
level of safety without imposing
significant compliance burdens. These
standards have a well-established and
documented safety history; their
adoption will maintain the high safety
standard currently achieved under the
HMR. Therefore, we propose to update
by adding and revising the
incorporation by reference materials
under the following organizations:
• The American Society for Testing
and Materials (ASTM)
Æ ASTM D56–05, Standard Test
Method for Flash Point by Tag Closed
Tester (Referenced in
§ 173.120(c)(1)(i)(A); Added to § 171.7).
Æ ASTM D86–07a, Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure
(Added; Referenced in § 173.121).
Æ ASTM D93–08, Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester (Referenced
in § 173.120(c)(1)(ii)(A); Added to
§ 171.7).
Æ ASTM D1078–05, Standard Test
Method for Distillation Range of Volatile
Organic Liquids (Added; Referenced in
§ 173.121).
Æ ASTM D3278–96(2004)e1, Standard
Test Methods for Flash Point of Liquids
by Small Scale Closed-Cup Apparatus
(Referenced in § 173.120(c)(1)(i)(B);
Added to § 171.7).
Æ ASTM D3828–07a, Standard Test
Methods for Flash Point by Small Scale
Closed cup Tester (Referenced in
§ 173.120(c)(1)(i)(C); Added to § 171.7).
• The International Civil Aviation
Organization (ICAO) Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, 2009–2010
Edition would be revised to incorporate
2011–2012 Edition.
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• The International Convention for
the Safety of Life at Sea (SOLAS)
Amendments 2002, Chapter II–2/
Regulation 19, Consolidated Edition
2004 would be revised to incorporate
the 2009 Edition.
• The International Maritime
Organization (IMO) International
Maritime Dangerous Goods Code, 2008
Edition, Incorporating Amendment 33–
08, English Edition, Volumes 1 and 2
would be revised to incorporate
Amendment 35–10.
• The International Organization for
Standardization (ISO)
Æ ISO 1516:2002 Determination of
flash/no flash—Closed cup equilibrium
method (Added; Referenced in
§ 173.120).
Æ ISO 1523:2002 Determination of
flash point—Closed cup equilibrium
method (Added; Referenced in
§ 173.120).
Æ ISO 2719:2002 Determination of
flash point—Pensky-Martens closed cup
method (Added; Referenced in
§ 173.120).
Æ ISO 3405:2000 Petroleum
products—Determination of distillation
characteristics at atmospheric pressure
(Added; Referenced in § 173.121).
Æ ISO 3679:2004 Determination of
flash point—Rapid equilibrium closed
cup method (Added; Referenced in
§ 173.120).
Æ ISO 3680:2004 Determination of
flash/no flash—Rapid equilibrium
closed cup method (Added; Referenced
in § 173.120).
Æ ISO 3924:1999 Petroleum
products—Determination of boiling
range distribution—Gas chromatography
method (Added; Referenced in
§ 173.121).
Æ ISO 4626:1980 Volatile organic
liquids—Determination of boiling range
of organic solvents used as raw
materials (Added; Referenced in
§ 173.121).
Æ ISO 4706:2008, Gas cylinders—
Refillable welded steel cylinders—Test
pressure 60 bar and below (Added;
Referenced in § 178.71).
Æ ISO 10297:1999, Gas cylinders—
Refillable gas cylinder valves—
Specification and type testing, First
edition, May 1999, (E) (Revised to
incorporate 2006 Edition).
Æ ISO 10461:2005, Gas cylinders—
Seamless aluminum-alloy gas cylinders,
Periodic inspection and testing, Second
edition, February 2005, (E) (Revised to
incorporate Addendum 1 (2006)).
Æ ISO 10692–2:2001 Gas cylinders—
Gas cylinder valve connections for use
in the micro-electronics industry—Part
2: Specification and type testing for
valve to cylinder connections (Added;
Referenced in § 173.40).
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Æ ISO 13736:2008 Determination of
flash point—Abel closed-cup method
(Added; Referenced in § 173.120).
Æ ISO 16111:2008 Transportable gas
storage devices — Hydrogen absorbed in
reversible metal hydride (Added;
Referenced in §§ 173.311, 178.71).
Æ ISO 18172–1:2007, Gas cylinders—
Refillable welded stainless steel
cylinders—Part 1: Test pressure 6 MPa
and below (Added; Referenced in
§ 178.71).
Æ ISO 20703:2006, Gas cylinders—
Refillable welded aluminum-alloy
cylinders—Design, construction and
testing (Added; Referenced in § 178.71).
• Organization for Economic
Cooperation and Development (OECD)
Æ Guidelines for the Testing of
Chemicals, No. 430, In Vitro Skin
Corrosion: Transcutaneous Electrical
Resistance Test (TER) (2004) (Added;
Referenced in § 173.137);
Æ Guidelines for the Testing of
Chemicals, No. 431, In Vitro Skin
Corrosion: Human Skin Model Test
(2004) (Added; Referenced in
§ 173.137); and,
Æ Guidelines for the Testing of
Chemicals, No. 435, In Vitro Membrane
Barrier Test Method for Skin Corrosion
(2006) (Added; Referenced in
§ 173.137).
• Transport Canada, Transportation
of Dangerous Goods Regulations,
including Clear Language Amendments
1 through 5 (Revised to add
Amendments 6 and 7).
• The United Nations
Recommendations on the Transport of
Dangerous Goods— Model Regulations,
Fifteenth revised edition (2007),
Volumes I and II (Revised to incorporate
the Sixteenth revised edition).
Section 171.8
This section defines terms generally
used throughout the HMR that have
broad or multi-modal applicability.
PHMSA is proposing to add the
following defined terms based on their
adoption in the UN Model Regulations:
Metal hydride storage system. This
term means a single complete hydrogen
storage system that includes a
receptacle, metal hydride, pressure
relief device, shut-off valve, service
equipment and internal components
used for the transportation of hydrogen
only.
Open cryogenic receptacle. This term
means a transportable thermally
insulated receptacle for refrigerated
liquefied gases maintained at
atmospheric pressure by continuous
venting of the refrigerated gas.
Oxidizing gas. In this NPRM, PHMSA
proposes to amend the definition of
Oxidizing gas. Oxidizing gas is now
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defined as a gas that may, by providing
oxygen, cause or contribute to
combustion of other material more than
air does. We are proposing to revise the
definition to specify that an oxidizing
gas is a pure gas or gas mixture with an
oxidizing power greater than 23.5% as
determined by a method specified in
ISO 10156:1996 or 10156–2:2005. See
also discussion of changes to the HMT
entries ‘‘Air, compressed, UN1002’’ and
‘‘Compressed gas, n.o.s., UN1956’’ in
Sections 172.101 and 173.115(k).
Section 171.23
Section 171.23 prescribes the
conditional requirements for specific
materials and packages transported
under the various international
standards as permitted by the HMR. In
this NPRM, except for transportation by
aircraft, we are proposing to remove the
condition in § 171.23(b)(9) that
stipulates certain Division 6.1 materials
transported as limited quantities are not
excepted from labeling as specified in
§ 173.153(b). This proposed change
aligns the labeling requirements in the
HMR for limited quantities with the
international standards without
compromising safety. This is
accomplished by the current inner
packaging quantity limits for Division
6.1 materials in Packing Group (PG) II
that are packaged under the exceptions
provided for such materials in
§§ 173.150–173.156 of the HMR.
Section 171.25
Section 171.25 prescribes the
additional requirements for specific
materials and packages transported
under the IMDG Code as permitted by
the HMR. In this notice, we are
proposing to delete paragraphs (c)(5)
and (d)(3) because the IMDG Code now
requires cryogenic materials to be
stowed on deck.
Effective January 1, 1997, vehicles
and mechanical equipment containing
internal combustion engines were no
longer subject to the IMDG Code as
conditionally designated under
Amendment 28–96. Effective January 1,
2012, such articles will once again be
subject to the IMDG Code under
Amendment 35–10. Because the new
requirements in the IMDG Code are
more stringent than requirements for
similar articles in the HMR, PHMSA is
proposing to amend Section 171.25 by
revising paragraph (b)(1) and adding a
new paragraph (b)(4) permitting use of
the IMDG Code or the HMR to prepare
and stow vehicles and mechanical
equipment containing internal
combustion engines when offered for
transport by vessel.
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Part 172
Section 172.101
Introductory text to the § 172.101
HMT contains explanatory text for each
of the columns that comprise the HMT.
Currently, § 172.101(c)(10) provides
specific requirements regarding the
selection of an appropriate proper
shipping name for mixtures and
solutions containing more than one
hazardous material of the same hazard
class. In many cases, such mixtures and
solutions are best described by a generic
or ‘‘not otherwise specified’’ entry (i.e.,
an ‘‘n.o.s.’’ entry). For example, a
solution containing two or more
flammable liquid constituents may best
be described under the entry
‘‘Flammable liquids, n.o.s., UN1993.’’
However, in some cases where two or
more hazardous materials may be
present, a single hazardous material
may predominate where the other
hazardous materials may be present in
only trace amounts. In such cases, a
description applicable to the
predominant material may be more
appropriate. A recent incident
underscores the importance of using the
most specific and appropriate shipping
description. In that incident, an
aluminum cylinder containing 99.9%
pure ethyl chloride ruptured in storage
incidental to transport. It was
determined that the root cause was a
reaction between the cylinder’s contents
and the aluminum. The relevant
construction standard for the cylinder
indicated that ethyl chloride was
reactive with aluminum and that
aluminum was not recommended for
the transport of ethyl chloride.
However, the shipper selected a generic
compressed gas shipping description
rather than the ethyl chloride name due
to the presence of trace amounts of other
hazardous materials. While we note that
the general requirements for packagings
still broadly address the responsibility
of the shipper in selecting a packaging
that is compatible with its lading, and
that these requirements were also
applicable and apparently overlooked,
the incident nonetheless highlights the
benefit of using a more specific
description, where appropriate, to help
ensure that the most appropriate
transport provisions are followed.
To address this issue, the UN Model
Regulations were amended to require,
except as otherwise specified, that a
mixture or solution of a single
predominant hazardous material
containing only traces of one or more
additional hazardous materials listed by
name in the HMT or additional nonhazardous constituents be assigned the
UN number and proper shipping name
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transport requirements for these
batteries.
UN3485 Calcium hypochlorite, dry,
corrosive or Calcium hypochlorite
mixtures, dry, corrosive with more
than 39% available chlorine (8.8%
available oxygen).
UN3487 Calcium hypochlorite,
hydrated, corrosive or Calcium
hypochlorite, hydrated mixture,
corrosive with not less than 5.5%
but not more than 16% water.
UN3486 Calcium hypochlorite
mixture, dry, corrosive with more
Identification Numbers Preceded by the
than 10% but not more than 39%
Letters ‘‘ID’’
available chlorine.
Paragraph (e) of § 172.101 provides
ID8000 Consumer commodity.
explanations for the letters that precede
This description would be added to
identification numbers assigned to
the HMT as a Class 9 miscellaneous
proper shipping names in the HMT. In
hazardous material to be used for the air
this NPRM, PHMSA is proposing to add transportation of limited quantities of
an explanation for identification
certain Class 2 materials (non-toxic
numbers associated with those
aerosols only), Class 3 materials (PG II
descriptions recognized under the ICAO and III only), Division 6.1 (PG III only),
Technical Instructions only and are
UN3077, UN3082, and UN3175
preceded by the letters ‘‘ID.’’
provided such materials do not have a
Additionally, PHMSA is proposing to
subsidiary risk and are authorized
recognize the international air
aboard a passenger-carrying aircraft.
description, ‘‘ID8000, Consumer
UN3484 Hydrazine aqueous solution,
commodity, 9’’ in the HMT with
flammable, with more than 37%
material and article eligibility for use of
hydrazine, by mass.
the description based on Special
UN3495 Iodine.
provision A112 and Packing Instruction
Iodine is transported globally under a
Y963 of the 2011–2012 ICAO Technical number of different shipping
Instructions.
descriptions dependent on the shipper.
In the interest of reducing risks
Hazardous Materials Table (HMT)
In this NPRM, PHMSA is proposing to associated with transport of iodine
under various descriptions and
make various amendments to the HMT.
therefore, varied packaging, we are
Readers should review all changes for a
proposing to add this unique UN
complete understanding of the
number and shipping description to
amendments. For purposes of the
provide for specific packaging
Government Printing Office’s
requirements and faster identification
typesetting procedures, proposed
changes to the HMT appear under three and access to emergency response
information.
sections of the Table, ‘‘remove,’’ ‘‘add,’’
and ‘‘revise.’’ Certain entries in the HMT, UN1471 Lithium hypochlorite, dry or
Lithium hypochlorite mixture,
such as those with revisions to the
Division 5.1, PG III.
proper shipping names, appear as a
Lithium hypochlorite is a common
‘‘remove’’ and ‘‘add.’’ Proposed
commercial product used as a
amendments to the HMT include, but
disinfectant that is often mixed with
are not limited to the following:
other non-hazardous organic salts.
New HMT Entries
Currently, the HMT only provides for a
UN3482 Alkali metal dispersions,
Division 5.1, PG II designation for this
flammable or Alkaline earth metal
material, yet testing conducted in
dispersions, flammable.
accordance with the UN Manual of
UN3496 Batteries, nickel-metal
Tests and Criteria has indicated that
hydride.
some common commercial mixtures
meet the criteria for classification in
This new HMT entry for UN3496
Division 5.1, PG III. Therefore, PHMSA
would include a ‘‘W’’ in Column (1) to
indicate use of this hazardous materials is proposing to add a line to the current
entry to allow for classification of
description would be limited to vessel
mixtures of lithium hypochlorite in PG
transport. PHMSA also proposes to
III, where appropriate.
include additional language in Column
(2) to refer shippers transporting nickel- UN3483 Motor fuel anti-knock
metal hydride batteries by modes other
mixtures, flammable.
than vessel to the HMT entry ‘‘Batteries, UN3494 Petroleum sour crude oil,
flammable, toxic.
dry, sealed, n.o.s.’’ for instruction on the
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of the predominant material
contributing to the overall hazard
classification of the mixture or solution.
Adopting a similar provision in the
HMR will enhance a shipper’s ability to
select the most appropriate shipping
description. Therefore, in this NPRM,
PHMSA is proposing to add a new
paragraph § 172.101(c)(10)(iv) outlining
the authorization to describe the
mixture or solution based on the
predominant material contributing to
the hazard classification.
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This entry would be authorized for
international transportation only.
UN3492 Toxic-by-inhalation liquid,
corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or
equal to 200 ml/m3 and saturated
vapor concentration greater than or
equal to 500 LC50
UN3493 Toxic-by-inhalation liquid,
corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or
equal to 1000 ml/m3 and saturated
vapor concentration greater than or
equal to 10 LC50
UN3488 Toxic-by-inhalation liquid,
flammable, corrosive, n.o.s. with an
inhalation toxicity lower than or
equal to 200 ml/m3 and saturated
vapor concentration greater than or
equal to 500 LC50
UN3489 Toxic-by-inhalation liquid,
flammable, corrosive, n.o.s. with an
inhalation toxicity lower than or
equal to 1000 ml/m3 and saturated
vapor concentration greater than or
equal to 10 LC50
UN3490 Toxic-by-inhalation liquid,
water-reactive, flammable, n.o.s.
with an inhalation toxicity lower
than or equal to 200 ml/m3 and
saturated vapor concentration
greater than or equal to 500 LC50
UN3491 Toxic-by-inhalation liquid,
water-reactive, flammable, n.o.s.
with an inhalation toxicity lower
than or equal to 1000 ml/m3 and
saturated vapor concentration
greater than or equal to 10 LC50
Amendments to the Column (1)
symbols.
The entries ‘‘Elevated temperature
liquid, flammable, n.o.s., with flash
point above 37.8 °C, at or above its flash
point, UN3256,’’ ‘‘Elevated temperature
liquid, n.o.s., at or above 100 °C and
below its flash point (including molten
metals, molten salts, etc.), UN3257,’’ and
‘‘Elevated temperature solid, n.o.s., at or
above 240 °C, UN3258’’ would be
revised by adding the symbol G. The
symbol G identifies proper shipping
names for which a technical name of the
hazardous material is required in
parentheses in association with the
basic description. Requiring the
technical name(s) for certain elevated
temperatures materials will help
emergency responders in selecting the
proper materials for extinguishing a fire
involving these hazardous materials and
will aid in estimating the temperature
properties of the materials (e.g., the
melting point).
The entries ‘‘Metal catalyst, dry,
UN2881’’ and ‘‘Metal catalyst, wetted
with a visible excess of liquid, UN1378’’
would be revised by adding the symbol
G. The symbol G identifies proper
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shipping names for which a technical
name of the hazardous material is
required in parentheses in association
with the basic description. Requiring
the technical name(s) for metal catalysts
will aid emergency responders in
selecting the proper fire suppressant
(e.g., CO2) in the event the hazardous
material is involved in a fire or in
identifying other materials the metal
catalyst could react with.
The entry ‘‘Powder, smokeless,
UN0509,’’ would be revised by deleting
the symbol D. The symbol D identifies
a proper shipping name for domestic
use only. This entry has been adopted
into the UN Model Regulations, the
ICAO TI, and the IMDG Code. This
proposed deletion is consistent with our
final rule published January 14, 2009
(HM–215J) (74 FR 2200) in which we
indicate our intent to remove the
symbol D in a future rulemaking upon
adoption of the entry into international
regulations.
For the following Division 5.1
(oxidizer) materials and Division 6.1
(toxic) materials, the entries would be
revised by adding the symbol G. The
symbol G identifies proper shipping
names for which one or more technical
names of the hazardous material must
be entered in parentheses in association
with the basic description on a shipping
paper. Knowledge of the technical name
of toxic materials may aid emergency
responders with implementing more
appropriate first aid measures:
UN3141 Antimony compounds,
inorganic, liquid, n.o.s.
UN1549 Antimony compounds,
organic, liquid, n.o.s.
UN1556 Arsenic compounds, liquid,
n.o.s. inorganic, including
arsenates, n.o.s.; arsenates, n.o.s.;
arsenic sulfides, n.o.s.; and organic
compounds of arsenic, n.o.s.
UN1557 Arsenic compounds, solid,
n.o.s. inorganic, including
arsenates, n.o.s.; arsenates, n.o.s.;
arsenic sulfides, n.o.s.; and organic
compounds of arsenic, n.o.s.
UN1564 Barium compounds, n.o.s.
UN1566 Beryllium compounds, n.o.s.
UN3213 Bromates, inorganic, aqueous
solution, n.o.s.
UN1450 Bromates, inorganic, n.o.s.
UN2570 Cadmium compounds
UN3210 Chlorates, inorganic, aqueous
solution, n.o.s.
UN1461 Chlorates, inorganic, n.o.s.
UN1462 Chlorites, inorganic, n.o.s.
UN1583 Chloropicrin mixtures, n.o.s.
UN3362 Chlorosilanes, toxic,
corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic,
corrosive, n.o.s.
UN1935 Cyanide solutions, n.o.s.
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UN2856 Fluorosilicates, n.o.s.
UN3212 Hypochlorites, inorganic,
n.o.s.
UN2291 Lead compounds, soluble,
n.o.s.
UN2024 Mercury compounds, liquid,
n.o.s.
UN2025 Mercury compounds, solid,
n.o.s.
UN3144 Nicotine compounds, liquid,
n.o.s. or Nicotine preparations,
liquid, n.o.s.
UN1665 Nicotine compounds, solid,
n.o.s. or Nicotine preparations,
solid, n.o.s.
UN3219 Nitrites, inorganic, aqueous
solution, n.o.s.
UN2627 Nitrites, inorganic, n.o.s.
UN3214 Permanganates, inorganic,
aqueous solution, n.o.s.
UN1482 Permanganates, inorganic,
n.o.s.
UN2026 Phenylmercuric compounds,
n.o.s.
UN2630 Selenates or Selenites.
UN3440 Selenium compound, liquid,
n.o.s.
UN3283 Selenium compound, solid,
n.o.s.
UN3284 Tellurium compound, solid,
n.o.s.
UN3285 Vanadium compound, solid,
n.o.s.
Amendments to the Column (2)
hazardous materials descriptions and
proper shipping names.
The proper shipping name for the
entry ‘‘Detonator, assemblies, nonelectric, for blasting, UN0500,’’ would
be revised by removing the comma after
‘‘Detonator’’ to read ‘‘Detonator
assemblies, non-electric, for blasting.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Engines, internal combustion,
flammable gas powered, UN3166,’’
would be revised to read ‘‘Engines,
internal combustion or Engines, fuel
cell, flammable gas powered.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The proper shipping name for the
entry ‘‘Engines, internal combustion,
flammable liquid powered, UN3166,’’
would be revised to read ‘‘Engines,
internal combustion or Engines, fuel
cell, flammable liquid powered.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The proper shipping names
‘‘Formaldehyde, solutions, flammable,
UN1198’’ and ‘‘Formaldehyde, solutions,
with not less than 25 percent
formaldehyde, UN2209’’ would be
revised to remove an errant comma
between the words ‘‘Formaldehyde’’ and
‘‘solutions.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
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The proper shipping name for the
entry ‘‘1–Hydroxybenzotriazole,
anhydrous, wetted with not less than 20
percent water, by mass, UN3474’’ would
be revised to read ‘‘1–
Hydroxybenzotriazole, monohydrate.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Nitric acid other than red fuming,
with less than 65 percent nitric acid,
UN2031’’ would be revised to read
‘‘Nitric acid other than red fuming, with
more than 20 percent and less than 65
percent nitric acid, UN2031.’’ The
proper shipping name for the Packing
Group I entry ‘‘Nitric acid other than red
fuming, with more than 70 percent nitric
acid, UN2031’’ is added to the HMT. In
a final rule published on January 14,
2009 (HM–215J; 74 FR 2200), errors
were made to both nitric acid entries
and in this NPRM, PHMSA proposes to
align them correctly in accordance with
the various international standards.
Additionally, we are proposing to
remove the outdated Packing Group II
entry ‘‘Nitric acid other than red fuming,
with not more than 70 percent nitric
acid, UN2031’’ that should have been
removed from the HMT in the same
final rule.
The proper shipping name for the
entry ‘‘Tars, liquid including road
asphalt and oils, bitumen and cut
backs, UN1999’’ would be revised to
read ‘‘Tars, liquid including road oils
and cutback bitumens.’’ The entries in
the HMT applicable to transport of
bitumen may cause confusion with
respect to the proper classification of
the material. The entries include
‘‘Combustible liquid, n.o.s., NA1993,
combustible liquid’’ and ‘‘Tars, liquid
including road asphalt and oils,
bitumen and cut backs, UN1999, 3,’’ and
the entries ‘‘Elevated temperature liquid,
flammable, n.o.s., UN3256, 3’’ and
‘‘Elevated temperature liquid, n.o.s.,
UN3257, 9,’’ when the material is heated
and offered for transport. Bitumen is a
hydrocarbon material derived from
crude oil having a flashpoint of 160 °C
or greater. Bitumens typically do not
meet the classification for a Class 3
flammable liquid except for cutback
bitumens which are blended with a
flammable material such as kerosene.
Also, road asphalt is bitumen mixed
with sand and fillers which also does
not meet the classification for a Class 3
flammable liquid. Therefore, we
propose to revise the proper shipping
name ‘‘Tars, liquid including road
asphalt and oils, bitumen and cut
backs’’ by removing reference to asphalt
and clarifying applicability to cutback
bitumens to read ‘‘Tars, liquid including
road oils and cutback bitumens.’’ This
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revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The proper shipping name for the
entry ‘‘Trinitro-meta-cresol, UN0216’’
would be revised to read ‘‘Trinitro-mcresol.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Vehicle, flammable gas powered,
UN3166,’’ would be revised to read
‘‘Vehicle, flammable gas powered or
Vehicle, fuel cell, flammable gas
powered.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Vehicle, flammable liquid
powered, UN3166,’’ would be revised to
read ‘‘Vehicle, flammable liquid
powered or Vehicle, fuel cell, flammable
liquid powered.’’ This revision appears
as a ‘‘Remove/Add’’ in this rulemaking.
Amendments to the Column (3)
hazard class or division.
PHMSA is proposing to revise the
classification of a number of entries to
Division 6.1 toxic-by-inhalation primary
hazards for consistency with the
adoption of classification changes into
the 16th revised edition of the UN
Model Regulations. The changes are
based on data provided from a thorough
review of literature on toxic-byinhalation materials. The review of
literature is provided in Informal
Document UN/SCETDG/33/INF.8
submitted to the 33rd session of the UN
Sub-Committee of Experts on the
Transport of Dangerous Goods which is
available at https://www.unece.org/trans/
main/dgdb/dgsubc/c3inf33.html.
For the entry ‘‘Tetranitromethane,
UN1510,’’ the Class 5 oxidizer primary
hazard would be revised to a Division
6.1 toxic-by-inhalation material primary
hazard to read 6.1.
For the following Class 3 flammable
liquid materials, the Class 3 primary
hazard would be revised to a Division
6.1 toxic-by-inhalation material primary
hazard to read 6.1.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
For the following Class 8 corrosive
materials, the Class 8 primary hazard
would be revised to a Division 6.1 toxicby-inhalation material primary hazard
to read 6.1.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN1838 Titanium tetrachloride.
Amendments to the Column (5)
packing group (PG).
The entry ‘‘Carbon dioxide, solid or
Dry ice, UN1845’’ would be revised by
deleting the PG III designation. In
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general, the PG assigned to a material
identifies the degree of hazard the
material represents and determines the
performance level of the packaging
required for the material. For example,
a PG II material (i.e., a moderate hazard
material) is considered more hazardous
and requires more stringent packaging
than a PG III material (i.e., a low hazard
material). Dry ice presents minimal risk
during transport except where
concentrations may build up in a
confined space. Therefore, in this
NPRM, PHMSA proposes to delete the
PG III designation from the entry.
For the following Division 6.1 toxicby-inhalation materials, the PG would
be revised to read ‘‘I’’.
UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride .
PHMSA is proposing this revision to
the PG assignment for these entries for
consistency with the adoption of
changes into the Revised 16th edition of
the UN Model Regulations. The changes
are based on data provided from a
thorough review of literature on toxicby-inhalation materials. The review of
literature is provided in Informal
Document UN/SCETDG/33/INF.8
submitted to the 33rd session of the UN
Sub-Committee of Experts on the
Transport of Dangerous Goods which is
available at https://www.unece.org/trans/
main/dgdb/dgsubc/c3inf33.html.
Amendments to the Column (6)
label(s).
For the following hazardous material
entries, PHMSA is proposing to revise
the labels for consistency with changes
made to the classification of these
materials under amendments to Column
(3) (see above). The Class 3 (flammable
liquid), Class 8 (corrosive), or Division
5.1 (oxidizer) primary hazard labels, as
appropriate, and the Division 6.1
subsidiary hazard label would be
revised to a Division 6.1 toxic-byinhalation material primary hazard label
and Class 3, Class 8, or Division 5.1
subsidiary hazard label to read ‘‘6.1, 3,’’
‘‘6.1, 8,’’ or ‘‘6.1, 5.1,’’ as appropriate.’’
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
UN1810 Phosphorous oxychloride.
UN1510 Tetranitromethane.
UN1838 Titanium tetrachloride.
Amendments to the Column (7)
special provisions.
The entry ‘‘Compressed gas, n.o.s.,
UN1956’’ would be revised by deleting
Special provision 77 which authorizes
the use of this entry for mixtures of
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gases with less than 23.5% oxygen
when no other oxidizing gases are
present. Because we are proposing to
modify the definition of oxidizing gas in
§ 171.8 of the HMR to indicate that ‘‘a
gas which may, by providing oxygen,
cause or contribute to the combustion of
other material more than air does means
pure gases or gas mixtures with an
oxidizing power greater than 23.5%
oxygen’’ and because the entry
‘‘Compressed gas, oxidizing, n.o.s.,
UN3156’’ is currently available in the
HMT, the Special provision is
redundant and no longer necessary.
The entry ‘‘1–Hydroxybenzotriazole,
monohydrate, UN3474’’ would be
revised by deleting Special provision
162. Special provision 162 requires that
for the material to be transported as a
Division 4.1 desensitized material, it
must be transported in such a manner
that at no time during the course of
transportation does the percentage
concentration of water fall below 20%.
Anhydrous hydroxybenzotriazole
rapidly converts to the monohydrate
form in the presence of water, that is,
the thermally stable form of the
substance. Additionally, tests have
indicated that the monohydrate
maintains its water content under
temperature conditions encountered in
storage and transport over extended
periods of time. This conforms to the
intent of the provisions specified in
Special provision 162 and therefore, we
are proposing to delete Special
provision 162 from the entry.
The entry ‘‘Motor fuel anti-knock
mixtures, UN1649’’ would be revised by
deleting Special provision 151. Special
provision 151 requires that if this
material also meets the definition of a
Class 3 (flammable liquid) under
§ 173.120 of the HMR, a FLAMMABLE
LIQUID label is required and the basic
description on the shipping paper must
indicate the Class 3 subsidiary hazard.
However, because of the proposed
addition of the new entry ‘‘Motor fuel
anti-knock mixtures, flammable,
UN3483’’ which indicates a Class 3
subsidiary hazard, we believe it is no
longer necessary to assign Special
provision 151 to this entry.
The entry ‘‘Nitrogen, refrigerated
liquid cryogenic liquid, UN1977’’ would
be revised by adding new Special
provisions 345 and 346. See Section
172.102 Special Provisions for a
discussion of new Special provisions
345 and 346.
The entry ‘‘Oxygen, compressed,
UN1072’’ would be revised by adding
Special provision 110 authorizing an
actuating cartridge (e.g., power device
cartridges of Division 1.4, compatibility
groups C and S) to be installed on a
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cylinder containing oxygen without
changing the classification of Division
2.2. See Section 172.102 Special
provisions for a detailed discussion of
our proposed revision to Special
provision 110.
The entry ‘‘Pentaerythrite tetranitrate
or Pentaerythritol tetranitrate or PETN,
with not less than 7 percent wax by
mass’’ would be revised by assigning
Special provision 120 to the entry. A
final rule published in the Federal
Register on May 6, 1997, under Docket
HM–215B (62 FR 24689), added Special
provision 120 to § 172.102(c)(1) of the
HMR and assigned it to one of the
phlegmatized HMT entries for PETN
(UN0411). In this notice, PHMSA is
reassigning Special provision 120 to
UN0411 in Column 7 of the HMT
because it never appeared in the
subsequent HMR when printed but
remains valid.
The entry ‘‘Petroleum crude oil,
UN1267’’ would be revised by adding
new Special provision 357 instructing a
shipper, if applicable, to use the entry
‘‘Petroleum sour crude oil, flammable,
toxic, UN3494’’ for petroleum crude oil
containing hydrogen sulfide in
sufficient concentration that vapors
evolved from the crude oil can present
an inhalation hazard when offered for
transportation internationally.
The entry ‘‘Zinc ammonium nitrate,
UN1512’’ would be revised by deleting
Special provision IP2 which requires
IBCs other than metal or rigid plastic
IBCs to be offered for transportation in
a closed freight container or a closed
transport vehicle.
The following Division 1.4,
Compatibility Group S (1.4S) explosive
substance and article entries in the HMT
would be revised by adding new Special
provision 347 which limits the use of
the entries to only those substances and
articles that have passed Test series 6(d)
of Part I of the UN Manual of Tests and
Criteria. See Section 172.102 Special
Provisions for a discussion of new
Special provision 347.
UN0323 Cartridges, power device.
UN0460 Charges, bursting, plastics
bonded.
UN0445 Charges, explosive,
commercial without detonator.
UN0441 Charges, shaped, without
detonator.
UN0500 Detonator assemblies, nonelectric, for blasting.
UN0456 Detonators, electric for
blasting.
UN0366 Detonators for ammunition.
UN0455 Detonators, non-electric, for
blasting.
The following Division 6.1 toxic-byinhalation materials entries would be
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revised by replacing the portable tank
instruction T Code T22 with T20. The
UN Committee of Experts on the
Transport of Dangerous Goods revised
the T Code assignment for a number of
Division 6.1 toxic-by-inhalation
materials from T14 to T20. Assigning
T20 requires a higher pressure for the
periodic hydrostatic test (6 bar to 10 bar)
and a thicker minimum shell thickness
(6 mm to 8 mm). This change is
consistent with the T Code assigned to
the same materials in the HMT.
However, for the materials listed below,
we assigned a T Code T22 which
requires a minimum shell thickness of
10 mm. We do not believe there would
be a safety risk in reducing the
minimum shell thickness for these
materials from 10 mm to 8 mm.
Therefore, for consistency with
revisions made to the T Code
assignments under the 16th revised
edition of the UN Model Regulations as
well as consistency with the current
assignment of T20 to a number of other
Division 6.1 toxic-by-inhalation material
entries, the T Code T20 would be
assigned for the following materials.
UN2484 tert-Butyl Isocyanate.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN2482 n-Propyl isocyanate.
The following Division 6.1 toxic-byinhalation materials would be revised
by adding the portable tank special
provision TP13 as a conforming
amendment to the proposed changes to
the PG assignment for these materials
(see Amendments to Column (5) above).
Special provision TP13 requires the use
of self-contained breathing apparatus
when the hazardous material is
transported by vessel:
UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
The following Division 5.1 oxidizers
would be revised by adding new Special
provision W1. Special provision W1
would except these materials from
regulation for vessel transport when
transported in non-friable prill or
granule form. The material must be
accompanied by a certificate from an
accredited laboratory stating that the
product has been tested in accordance
with the UN Manual of Tests and
Criteria.
UN1486 Potassium nitrate.
UN1498 Sodium nitrate.
UN1499 Sodium nitrate and potassium
nitrate mixtures.
Amendments to the Column (8)
packaging authorizations.
The four flammable liquid entries
‘‘Alcohols, n.o.s., UN1987,’’ ‘‘Ethanol,
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UN1170,’’ ‘‘Formaldehyde solutions,
flammable, UN1198’’ and ‘‘Isopropanol,
UN1219’’ would be revised in Column
(8A) by adding section ‘‘4b’’ to the
exceptions column. Section 173.4b
prescribes the requirements for de
minimis quantities of hazardous
materials offered for transportation and
transported by all modes, domestic or
international. We are proposing to add
a paragraph (b) to allow non-infectious
specimens (e.g., museum specimens)
preserved with small amounts of certain
Class 3 materials not to be subject to the
HMR as recently adopted in the
international standards. This
amendment is consistent with previous
interpretations we have issued on this
matter.
The entry ‘‘Hydrogen in a metal
hydride storage system or Hydrogen in
a metal hydride storage system
contained in equipment or Hydrogen in
a metal hydride storage system packed
with equipment, UN3468’’ would be
revised in Column (8B) by deleting the
current reference to § 173.214 for
authorized non-bulk packaging and
adding new section reference § 173.311.
(See the Section 173.311 summary for a
discussion of authorized packaging
provisions for hydrogen in a metal
hydride storage system.)
The entry ‘‘Polyester resin kit,
UN3269’’ would be revised by amending
Columns (8A) and (8B) to read 173.165.
Currently, Column (8A) for the entry
refers to § 173.152 and Column (8B)
refers to § 173.225. For clarity and
consistency, such articles should be
incorporated in their own packing
instruction.
Amendments to the Column (9)
quantity limitations.
Maximum quantities per package by
passenger air and rail are prescribed in
Column (9A). Consistent with an
amendment made to the 2011–2012
ICAO Technical Instructions, the
quantity limitation for the entry ‘‘Silicon
tetrachloride, UN1818’’ would be
revised from ‘‘1 L’’ to read ‘‘Forbidden.’’
Columns 10 and 11 of Table 3–1 in
the ICAO TI have long indicated the
limited quantity packing instruction and
net quantity per package, respectively,
for substances and articles eligible to be
packaged and transported as a limited
quantity by air. The ICAO TI identify a
limited quantity packing instruction
with the letter ‘‘Y’’ preceding the threedigit packing instruction number.
PHMSA is considering revising Column
(9A) of the HMT in a future rulemaking
by placing the letter ‘‘Y’’ following the
net quantity per package authorized
aboard a passenger-carrying aircraft for
those substances or articles eligible to be
packaged and transported as a limited
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quantity by air under the HMR. We
believe this simple and straightforward
revision to the HMT will assist both
shippers and carriers, while not adding
length or bulk to the HMT or the HMR.
Amendments to the Column (10)
vessel stowage requirements.
Vessel stowage location (10A). For the
following materials, we propose to
revise the authorized stowage locations
in Column (10A) by revising the
stowage category to ‘‘D.’’ Assignment of
stowage category ‘‘D’’ means the material
must be stowed ‘‘on deck only’’ on a
cargo vessel and on a passenger vessel
carrying a number of passengers limited
to not more than the larger of 25
passengers or one passenger per each 3
meters of overall vessel length. The
material is prohibited on passenger
vessels in which the limiting number is
exceeded:
UN1951 Argon, refrigerated liquid
(cryogenic liquid).
UN2187 Carbon dioxide, refrigerated
liquid.
UN1143 Crotonaldehyde or
Crotonaldehyde, stabilized.
UN1963 Helium, refrigerated liquid
(cryogenic liquid).
UN1970 Krypton, refrigerated liquid
(cryogenic liquid).
UN1647 Methyl bromide and ethylene
dibromide mixtures, liquid.
UN2644 Methyl iodide.
UN2477 Methyl isothiocyanate.
UN2606 Methyl orthosilicate.
UN1913 Neon, refrigerated liquid
(cryogenic liquid).
UN2201 Nitrous oxide, refrigerated
liquid.
UN2337 Phenyl mercaptan.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride.
UN2591 Xenon, refrigerated liquid
(cryogenic liquids).
Vessel stowage codes (10B). For the
following hazardous materials, we
propose to remove from Column (10B)
stowage code ‘‘18’’ (stowage code ‘‘143’’
for UN3392) which prohibits the
material from being transported on any
vessel carrying explosives (except
Division 1.4S explosives), and we
propose to add in its place stowage code
78 which requires the materials to be
stowed ‘‘separated longitudinally by an
intervening complete compartment or
hold from’’ explosives.
UN1131 Carbon disulfide.
UN1259 Nickel carbonyl.
UN3392 Organometallic substance,
liquid, pyrophoric.
UN3394 Organometallic substance,
liquid, pyrophoric, water-reactive.
UN3194 Pyrophoric liquid, inorganic,
n.o.s.
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UN2845
n.o.s.
Pyrophoric liquids, organic,
Section 172.102 Special Provisions
Section 172.102 lists special
provisions applicable to the
transportation of specific hazardous
materials. Special provisions contain
packaging requirements, prohibitions,
and exceptions applicable to particular
quantities or forms of hazardous
materials. PHMSA is proposing the
following revisions to the § 172.102,
Special provisions:
Special provision 15 would be revised
by removing extraneous and redundant
regulatory text applicable to ‘‘Chemical
kits, UN3316’’ and ‘‘First aid kits,
UN3316.’’
Special provision 40 would be revised
to indicate that ‘‘Polyester resin kit,
UN3269’’ requires specification outer
packaging based on the PG assigned to
the base (Class 3) material unless
excepted as a limited or excepted
quantity. This revision is a clarification
of the existing requirement.
Special provision 77 would be
deleted. Special provision 77 allows use
of the entry ‘‘Compressed gas, n.o.s.,
UN1956’’ for mixtures of gases with less
than 23.5% oxygen when no other
oxidizing gases are present. PHMSA is
proposing to modify the definition of
oxidizing gas in § 171.8 to state that ‘‘a
gas which may, by providing oxygen,
cause or contribute to the combustion of
other material more than air does,’’
meaning, pure gases or gas mixtures
with an oxidizing power greater than
23.5% oxygen. Because of the
availability of the entry ‘‘Compressed
gas, oxidizing, n.o.s., UN3156’’ in the
HMT, we believe Special provision 77 is
redundant and no longer necessary.
Special provision 78 would be revised
to direct shippers to use the entry
‘‘Compressed gas, oxidizing, n.o.s.,
UN3156’’ to describe compressed air
that contains pure gases or gas mixtures
with an oxidizing power greater than
23.5% oxygen. PHMSA is proposing to
modify the definition of oxidizing gas in
§ 171.8 of the HMR to indicate that ‘‘a
gas which may, by providing oxygen,
cause or contribute to the combustion of
other material more than air does,’’
meaning, pure gases or gas mixtures
with an oxidizing power greater than
23.5% oxygen. Therefore, we believe
this Special provision should also be
revised to emphasize the proposed
revised definition and use of the proper
shipping description.
Special provision 110 would be
revised to include oxygen cylinders for
emergency use. Currently, fire
extinguishers (UN1044) are assigned
Special provision 110 which authorizes
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the installation of a cartridge power
device (of Divisions 1.4C and S) on the
fire extinguisher without changing its
classification as Division 2.2 provided
the actuating cartridge does not contain
deflagrating (propellant) explosives
exceeding 3.2 g. Many of these types of
fire extinguishers are used in
commercial aircraft applications where
the actuating cartridge is necessary for
remote activation to discharge the fire
suppressant contained in the cylinder.
Similarly, commercial aircraft are being
designed to incorporate small oxygen
cylinders in the overhead panels above
passenger seats to provide emergency
oxygen in the event of a
depressurization. The design of the
system is that a small actuating cartridge
attached to each cylinder will be
initiated once the passenger starts
breathing into the mask, which will
allow the flow of oxygen from these
cylinders. In connection with the
manufacturing and maintenance of the
aircraft, it is necessary for these small
cylinders to be transported with the
actuator installed. The principal hazard
presented by these oxygen cylinders
remains that of Division 2.2, and not the
Division 1.4 explosive hazard of the
actuating cartridge; therefore, in this
NPRM, PHMSA is proposing to
authorize the transport of oxygen
cylinders for emergency use with an
installed actuating cartridge without
changing the classification of Division
2.2 provided that the total quantity of
deflagrating (propellant) explosives does
not exceed 3.2 g per oxygen cylinder
and further provided that the cylinders
have an effective means of preventing
inadvertent activation.
For conformance with the addition of
new proper shipping name(s) for
UN3166, Special provision 134 would
be revised to specify that a batterypowered vehicle or equipment that also
contains an internal combustion engine
must be consigned under the entry
‘‘Engine, internal combustion,
flammable gas powered’’ or ‘‘Engine,
internal combustion, flammable liquid
powered’’ or ‘‘Vehicle, flammable gas
powered’’ or ‘‘Vehicle, flammable liquid
powered,’’ as appropriate. These entries
include hybrid electric vehicles
powered by both an internal combustion
engine and batteries. Furthermore, a
battery-powered vehicle or equipment
that contains a fuel cell engine must be
consigned under the entries ‘‘Engine,
fuel cell, flammable gas powered’’ or
‘‘Engine, fuel cell, flammable liquid
powered’’ or ‘‘Vehicle, fuel cell,
flammable gas powered’’ or ‘‘Vehicle,
fuel cell, flammable liquid powered, as
appropriate. These entries include
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hybrid electric vehicles powered by a
fuel cell, an internal combustion engine,
and batteries.
Special provision 135 would be
revised to specify that an internal
combustion engine installed in a vehicle
must be consigned to the entries
‘‘Vehicle, flammable gas powered’’ or
‘‘Vehicle, flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by
both an internal combustion engine and
wet, sodium or lithium batteries
installed. If a fuel cell engine is installed
in a vehicle, the vehicle must be
consigned using the entries ‘‘Vehicle,
fuel cell, flammable gas powered’’ or
‘‘Vehicle, fuel cell, flammable liquid
powered,’’ as appropriate. These entries
include hybrid electric vehicles
powered by a fuel cell, an internal
combustion engine, and batteries.
Special provision 149 would be
revised to indicate that the exception
provided may not be used for
transportation by aircraft. This special
provision authorizes an increased
amount of certain Class 3 (flammable
liquid) materials in PG II that are also
consumer commodities and is not
consistent with the limited quantities
authorized for air transportation in
§ 173.27(f) of the HMR.
Special provision 157 would be
deleted because the language of this
provision has been combined with the
language of revised Special provision
135. Special provision 157 is currently
assigned to the entries ‘‘Vehicle, fuel
cell, flammable gas powered’’ and
‘‘Vehicle, fuel cell, flammable liquid
powered’’ and instructs shippers that
these entries include hybrid electric
vehicles powered by both an internal
combustion engine and wet, sodium or
lithium batteries installed.
Special provision 167 would be
revised to require metal hydride storage
system(s) installed in conveyances, etc.,
to be approved by the competent
authority before acceptance for
transport. Special provision 167 would
also be applicable, where appropriate, to
UN3166 entries powered by fuel cells.
Special provision 198 would be
revised to include ‘‘Perfumery products,
UN1266’’ among the list of products that
nitrocellulose solutions containing not
more than 20% nitrocellulose can be
transported as. PHMSA is also
proposing to revise this provision to
clarify that the nitrocellulose may not
contain more that 12.6% nitrogen by dry
mass.
A new Special provision 340 would
be added to provide special instruction
for the vessel transport of nickel-metal
hydride batteries (including cells).
Except for nickel-metal hydride button
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cells or nickel-metal hydride cells or
batteries packed with or contained in
equipment, nickel-metal hydride cells
or batteries would be required to be
securely packed and protected against
short circuits in the same manner as
batteries transported as ‘‘Batteries, dry,
sealed, n.o.s.’’ Additionally, when
loaded in a vessel cargo transport unit
in a total quantity of 100 kg gross mass
or more, nickel-metal hydride batteries
would be subject to the shipping paper
and dangerous cargo manifest
requirements under § 176.30 of the
HMR.
A new Special provision 343 would
be added and assigned to new HMT
entry ‘‘Petroleum sour crude oil,
flammable, toxic, UN3494’’ indicating
that for international transportation, this
entry in the HMT must be used for
petroleum crude oil containing
hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil can present an inhalation
hazard. As discussed in detail in
response to comments submitted to the
ANPRM, for domestic transportation
only, consideration of vapor toxicity
levels would not be required and the
appropriate non-toxic petroleum
description may be used. However, a
bulk packaging when used for the
domestic transport of petroleum crude
oil would be required to be marked in
accordance with the new marking
prescribed in § 172.327 of the HMR to
provide warning of the potential hazard
from inhalation of hydrogen sulfide
vapors.
A new Special provision 345 would
be added excepting from the
requirements of the HMR ‘‘Nitrogen,
refrigerated liquid cryogenic liquid,
UN1977’’ transported in open cryogenic
receptacles with a maximum capacity of
1 L. The receptacles must be
constructed with glass double walls
having the space between the walls
vacuum insulated and each receptacle
must be transported in an outer
packaging with sufficient cushioning
and absorbent materials to protect the
receptacle from damage.
A new Special provision 346 would
be added excepting from the
requirements of the HMR ‘‘Nitrogen,
refrigerated liquid cryogenic liquid,
UN1977’’ transported in accordance
with the requirements for open
cryogenic receptacles in § 173.320 of the
HMR. The receptacle must contain no
hazardous materials other than the
liquid nitrogen which must be fully
absorbed in a porous material in the
receptacle.
A new Special provision 347 would
be added restricting the use of certain
HMT entries classed as Division 1.4S
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explosive materials to those substances
and articles passing Test series 6(d) of
Part I of the UN Manual of Tests and
Criteria (see Section 172.101 Hazardous
Materials Table (HMT) for the list of
proper shipping names that would be
assigned Special provision 347). A
Division 1.4 explosive is defined as an
explosive that presents a minor
explosion hazard such that hazardous
effects are confined to a package and no
projection of fragments of appreciable
size or range are expected; and that an
external fire must not cause virtually
instantaneous explosion of almost the
entire contents of a package containing
a Division 1.4 explosive. Under § 173.58
of the HMR, an explosive substance or
article is subjected to Test series 6(a),
6(b), and 6(c) for assignment to an
appropriate division (e.g. Division 1.4).
Explosive substances or articles are
assigned to Division 1.4, Compatibility
Group S (1.4S) if hazardous effects are
confined within a package or the blast
and projection effects do not
significantly hinder emergency response
efforts. Test series 6(a), 6(b), and 6(c)
address hazard effects from exposure of
the package to a fire but do not address
whether hazardous effects from
functioning of the substance or articles
is confined within the package. PHMSA
is concerned that there is a possibility
that products classified as Division 1.4S
based on behavior in a fire according to
test procedures of Type 6(c) may still
produce a hazardous effect that, when
initiated, is not confined to a package.
Initiation or ignition as a result of fire,
after the package is degraded, may
produce different results from
functioning with the intended means of
ignition or initiation. Knowledge of the
behavior of the article or substance in
both cases is needed to allow proper
classification.
As discussed in the comment
summary in response to the ANPRM,
PHMSA is proposing to require the
Type 6(d) test as prescribed in Section
16.7 of the Fifth revised edition of the
UN Manual of Tests and Criteria in the
new Special provision 347. PHMSA is
proposing that for affected articles
intended for transportation by aircraft,
the effective date of this new
requirement is April 1, 2011. If a
manufacturer or approval holder of
affected articles previously classed and
approved as Division 1.4S chooses to
continue offering such shipments by
aircraft, the articles must be successfully
tested under Test Series 6(d) and a new
approval obtained from PHMSA.
Additionally, a previously classed and
approved Division 1.4S article that is
not successfully tested under Test Series
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6(d) must be assigned to a compatibility
group other than ‘‘S’’ (e.g., B, C, or D)
prior to the April 1, 2011 effective date
if intended for transportation by aircraft
on or after that date. PHMSA is also
proposing that for Division 1.4S articles
approved prior to January 1, 2012 and,
are intended for domestic highway or
rail transportation, the effective date of
testing to maintain Division 1.4S
classification or reclassification to a
higher compatibility group other than
‘‘S’’ is no later than January 1, 2014. For
previously approved affected articles,
for transportation other than by aircraft,
reclassification to a compatibility group
other than ‘‘S’’ may be accomplished by
using existing data and when
recommended by an authorized
examination and testing agency
approved by PHMSA. For international
highway, rail and vessel transportation,
the proposed effective date of Type 6(d)
testing requirements or reclassification
for new and previously produced
affected articles is January 1, 2012.
A new Special provision 349 would
be added and assigned to
‘‘Hypochlorites, inorganic, n.o.s.,
UN3212’’ to specify that transport of
mixtures of hypochlorite and an
ammonium salt is forbidden.
A new Special provision 350 would
be added and assigned to ‘‘Bromates,
inorganic, n.o.s., UN1450’’ and
‘‘Bromates, inorganic, aqueous solution,
n.o.s., UN3213’’ to specify that transport
of ammonium bromate and its aqueous
solutions and mixtures of a bromate and
an ammonium salt is forbidden.
A new Special provision 351 would
be added and assigned to ‘‘Chlorates,
inorganic, n.o.s., UN1461’’ and
‘‘Chlorates, inorganic, aqueous solution,
n.o.s., UN3210’’ to specify that transport
of ammonium chlorate and its aqueous
solutions and mixtures of a chlorate and
an ammonium salt is forbidden.
A new Special provision 352 would
be added and assigned to ‘‘Chlorites,
inorganic, n.o.s., UN1462’’ to specify
that transport of ammonium chlorite
and its aqueous solutions and mixtures
of a chlorite and an ammonium salt is
forbidden.
A new Special provision 353 would
be added and assigned to
‘‘Permanganates, inorganic, n.o.s.,
UN1482’’ and ‘‘Permanganates,
inorganic, aqueous solution, n.o.s.,
UN3214’’ to specify that transport of
ammonium permanganate and its
aqueous solutions and mixtures of a
permanganate and an ammonium salt is
forbidden.
A new Special provision 357 would
be added and assigned to the entry
‘‘Petroleum crude oil, UN1267’’ to clarify
that when transported internationally,
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petroleum crude oil containing
hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil can present an inhalation
hazard must be transported under the
entry ‘‘Petroleum sour crude oil,
flammable, toxic, UN3494.’’ As
discussed in detail in response to
comments submitted to the ANPRM, for
domestic transportation, use of the toxic
description is not required; however, a
bulk package would be required to be
marked in accordance with the
requirement of new § 172.327 of the
HMR. See Section 173.327 for a
discussion of the proposed marking
requirement.
Special provision A59 would be
revised consistent with amendments
made to Special provision A131 of the
2011–2012 ICAO TI. Special provision
A59 allows for sterilization devices
containing ethylene oxide to be offered
for transportation and transported by air
(and thereby all modes) under the
excepted quantity provisions of § 173.4a
of the HMR. In this NPRM, PHMSA is
proposing to revise Special provision
A59 to clarify that it is only applicable
to glass inner packagings, such as
ampoules or capsules, intended for use
in sterilization devices and containing
ethylene oxide. Currently, the special
provision does not explicitly limit the
material of construction to glass for
inner packagings as intended.
A new Special provision A112 would
be added authorizing the transportation
of certain IBCs by passenger and cargoonly aircraft that contain up to a
maximum net quantity of 1,000 kg of a
Environmentally hazardous substance,
solid, n.o.s. (UN3077). This amendment
is consistent with the authorization in
the 2011–2012 ICAO TI.
In paragraph (c)(4), Table 1 (IBC
Codes) would be editorially revised to
remove UN Specifications 31A, 31B and
31N from IBC Codes IB4, IB5, IB6, IB7,
and IB8. This revision is consistent with
amendments to international standards
and removes the specifications from the
indicated codes in the table because IBC
Codes IB4 through IB8 are assigned to
solids whereas, UN Specifications 31A,
31B, and 31N are authorized for
transportation of liquids in IBC Codes
IB1 through IB3 and assigned to liquid
materials.
A new portable tank special provision
TP36 would be added authorizing the
use of fusible elements in the vapor
space of portable tanks with a gauge test
pressure that exceeds 265 kPa (38.4
psig/2.65 bar). See Section 178.275 for
a detailed discussion. This portable tank
special provision is only applicable to
the following organometallic materials:
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UN3391 Organometallic substance,
solid, pyrophoric.
UN3392 Organometallic substance,
liquid, pyrophoric.
UN3393 Organometallic substance,
solid, pyrophoric, water-reactive.
UN3394 Organometallic substance,
liquid, pyrophoric, water-reactive.
UN3395 Organometallic substance,
solid, water-reactive.
UN3396 Organometallic substance,
solid, water-reactive, flammable.
UN3397 Organometallic substance,
solid, water-reactive, self-heating.
UN3398 Organometallic substance,
liquid, water-reactive.
UN3399 Organometallic substance,
liquid, water-reactive, flammable.
UN3400 Organometallic substance,
solid, self-heating.
A new Special provision W1 would
be added indicating that the hazardous
materials ‘‘Potassium nitrate, UN1486,’’
‘‘Sodium nitrate, UN1498,’’ and ‘‘Sodium
nitrate and Potassium nitrate mixtures,
UN1499’’ are not subject to the HMR
when transported by vessel in nonfriable prills or granules form. The
material would be required to be
accompanied by a certificate from an
accredited laboratory stating that the
product has been properly sampled and
tested by the laboratory according to the
UN Manual of Tests and Criteria.
Section 172.203
Section 172.203 specifies additional
hazardous materials description
requirements on shipping papers.
Paragraph (b) is revised to indicate that
when a shipping paper is required, a
limited quantity must be indicated as
such. This revision is necessary due to
the shipping paper exception proposed
in this notice for limited quantities
intended for transportation by highway
or rail.
Section 172.300
Section 172.300 prescribes the
applicability of the HMR marking
requirements incorporated in subpart D.
Paragraph (l)(1) of § 172.101 authorizes
up to a one-year transition period for
compliance when new amendments are
made to the HMT. This transition period
allows the continued use of preprinted
shipping paper and marked packaging
stock until depleted or for one year,
whichever comes first. Consistent with
the transition period authorized in
§ 172.101(l)(1), in this NPRM we
propose to amend § 172.300 of the HMR
to authorize the continued use of
preprinted packaging stock for one-year
or until depleted (whichever is less)
regardless of whether the amendment is
the result of a change made to the HMT,
such as an amendment made to the text
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of a required marking in a packaging
section. This proposed amendment
allows the continued use of preprinted
packaging stock that is marked before
the effective date of any final rule with
markings in accordance with the
manner previously authorized.
Section 172.312
Section 172.312 prescribes the
required orientation markings for nonbulk packages containing liquids.
PHMSA is proposing to amend
paragraph (c)(5) to clarify that the
exception only applies to a hermetically
sealed inner packaging or receptacle not
exceeding 500 mL each.
Section 172.315
Section 172.315 specifies the
markings required on a package
containing limited quantities of
hazardous materials. These new
markings are consistent with the UN
Model Regulations, ICAO TI and IMDG
Code and are required on packages of
limited quantities offered for
transportation by highway, rail, air and
vessel. Additionally, PHMSA received
positive comments submitted in
response to the ANPRM concerning the
new marking because the requirement
specifies minimum dimensions on each
side (100 mm) that substantially
increases the visibility of the marking
when compared with the current ORM–
D marking prescribed in § 172.316 of the
HMR. Commenters stated that increased
visibility of the mark will enhance
safety while reducing regulatory burden.
For limited quantities intended for
transportation by vessel, this new
marking with minimum dimensions of
250 mm on each side is required on
cargo transport units containing limited
quantities. For limited quantities
intended for transportation by aircraft,
the marking requirements are in
accordance with the 2011–2012 ICAO TI
(i.e., ‘‘Y’’ mark on a white square on
point) in addition to any required labels.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Section 172.316
Section 172.316 prescribes marking
requirements for packages containing
materials classed as ORM–D and ORM–
D–AIR. If adopted in a final rule, the
marking prescribed in this section will
no longer be authorized for limited
quantities three years after the effective
date of the final rule.
Section 172.322
Section 172.322 prescribes marking
requirements for packages containing
marine pollutants. PHMSA is proposing
to add an exception from the marking
requirement in new paragraph (d)(2)(iii)
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for packages of limited quantities
marked in accordance with § 172.315.
Section 172.324
Section 172.324 prescribes marking
requirements for packages containing
hazardous substances in non-bulk
packagings. PHMSA is proposing to
revise paragraph (b) for packages
containing hazardous substances
marked in accordance with the limited
quantity marking prescribed in
§ 172.315.
Section 172.326
Section 172.326 prescribes the
marking requirements for portable
tanks. In this notice, we are proposing
to revise paragraph (a) to align the
minimum height for a proper shipping
name marked on a portable tank to 65
mm when offered for transportation and
transported by vessel. This amendment
is in response to a revision made in
Amendment 35–10 of the IMDG Code.
Section 172.327
New section 172.327 specifies the
marking required for a bulk packaging
containing petroleum crude oil to warn
of the potential toxic inhalation hazard
from vapors evolved from hydrogen
sulfide present in the crude oil. PHMSA
is proposing to require placement of the
marking used for toxic materials under
the Globally Harmonized System of
Classification and Labeling of Chemicals
(GHS) in the immediate vicinity of any
location on a bulk packaging, such as
loading heads and manholes that could
pose a health risk to transportation
workers if exposed to hydrogen sulfide
vapors emitted from that location. This
proposed hazard communication
marking requirement is applicable to
bulk packagings in domestic
transportation only. The new hazardous
materials description for ‘‘Petroleum
sour crude oil, flammable, toxic,
UN3494’’ proposed to be added to the
HMT would be used for international
transportation of petroleum crude oil
with hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil present an inhalation
hazard (for both bulk and non-bulk
packagings).
Section 172.500
Section 172.500 specifies the
applicability of placarding requirements
to certain materials. PHMSA is
proposing an amendment to paragraph
(b)(3) to clarify that limited quantities
marked in accordance with revised
§ 172.315 of the HMR are not subject to
placarding requirements.
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Section 172.502
Section 172.502 specifies prohibited
and permissive placarding
requirements. In this NPRM, PHMSA
proposes to revise the exceptions
provided in paragraph (b)(2) to include
the sour crude oil marking and the
limited quantity marking in §§ 172.315
and 172.327 of the HMR, respectively.
Part 173
Section 173.4
Section 173.4 prescribes the
requirements for small quantities of
hazardous materials offered for
transportation and transported by
domestic highway or rail. PHMSA is
proposing to revise paragraph (a) and
add new paragraph (a)(1)(v) to allow
Division 2.2 (non-flammable, nonpoisonous, compressed gas) material
without a subsidiary hazard (except for
aerosols) without applying for an
approval from the Associate
Administrator as prescribed under
paragraph (c) of this section. Other Class
2 materials, including Division 2.2
aerosols, will still require approval
under § 173.4(c) of the HMR. These
amendments are consistent with the
authorization under § 173.4a(b)(1) for
Division 2.2 gases without a subsidiary
hazard as well as our proposal to
exclude aerosols from authorized
materials in § 173.4a of the HMR. See
Section 173.4a for a discussion of
revisions proposed for excepted
quantities of hazardous materials.
Section 173.4a
Section 173.4a prescribes the
requirements for excepted quantities of
hazardous materials offered for
transportation and transported by all
modes, domestic or international.
PHMSA is proposing to amend
paragraph (a) by adding a new
paragraph (a)(4) for pressure differential
capability for packages intended for
transportation by aircraft in accordance
with § 173.27(c) of the HMR. PHMSA is
also proposing to amend paragraph
(b)(1) to clarify that the authorization for
Division 2.2 (non-flammable, nonpoisonous, compressed gas) excludes
aerosols as an excepted quantity
material. Such articles are authorized as
a limited quantity under both domestic
and international standards.
Additionally, PHMSA is proposing to
revise paragraph (b)(5) to add polyester
resin kits to the types of Division 5.2
(organic peroxide) material authorized
as an excepted quantity and to revise
paragraph (d)(3) by correcting the outer
packaging aggregate quantity limit for
Division 5.2 liquids from 250 mL to 500
mL.
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Section 173.4b
Section 173.4b prescribes the
requirements for de minimis quantities
of hazardous materials offered for
transportation and transported by all
modes, domestic or international.
Consistent with the international
standards, PHMSA is proposing to add
a new paragraph (b) to except noninfectious specimens preserved with
small amounts of certain Class 3
(flammable liquid) materials for
scientific purposes from the
requirements of the HMR. This
amendment is also consistent with
previous interpretations we have issued
on this matter indicating these
specimens do not pose a risk to safety
during the course of transportations.
Section 173.25
Section 173.25 prescribes the
requirements for certain authorized
packagings and overpacks. Consistent
with the international standards,
PHMSA is proposing to require an
overpack containing packages of limited
quantity material marked with the new
limited quantities marking proposed in
this NPRM (see the Section 172.315
discussion) to be marked with the word
‘‘OVERPACK’’ if the markings are not
visible, in addition to all other required
package markings. This mark is an
indication that the packages contained
within the overpack are in accordance
with the HMR. Additionally, for
excepted quantities (see the Section
173.4a discussion) where the required
package markings are not visible inside
an overpack, the excepted quantities
marking must also be placed on the
overpack. An overpack containing
packages of excepted quantities is not
required to be marked with the word
‘‘OVERPACK.’’
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Section 173.27
Section 173.27 prescribes the general
requirements for packaging offered or
intended for air transportation. In this
NPRM, PHMSA is proposing to amend
paragraph (f) by adding a new Table 3
that outlines the requirements for
limited quantities intended for air
transportation consistent with the 2011–
2012 ICAO TI where appropriate.
Section 173.40
Section 173.40 specifies the general
packaging requirements for toxic
materials packaged in cylinders.
PHMSA is proposing to amend
paragraph (c)(1) concerning closure
requirements by requiring the valve
connections on UN Specification
cylinders to be made by a taper thread
or some other means in accordance with
ISO Standard 10692–2:2001.
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Section 173.59
Section 173.124
Section 173.59 provides definitions of
explosive terms and are intended for
information only. The UN recently
defined the term ‘‘phlegmatized’’ as
applying to the addition of a substance
to an explosive to enhance its safety in
handling and transport. In this NPRM,
PHMSA is proposing to adopt the
definition in the HMR without
modification.
Section 173.124 defines Class 4
material. For consistency with a
revision adopted in the UN Model
Regulations, PHMSA proposes to amend
the definition of ‘‘self-heating’’ in
§ 173.124(b)(2) of the HMR to read:
‘‘Self-heating of a substance is a process
where the gradual reaction of that
substance with oxygen (in air) generates
heat. If the rate of heat production
exceeds the rate of heat loss, then the
temperature of the substance will rise
which, after an induction time, may
lead to self-ignition and combustion.’’
Section 173.63
Section 173.63 specifies packaging
exceptions for certain Division 1.4S
explosive articles authorized for
reclassification and transport as ORM–
D material. Based on the proposed
elimination of the ORM–D hazard class,
in this NPRM, PHMSA is authorizing
the current exceptions to continue to be
used in all domestic modes of
transportation for at least three years
after the effective date of a final rule, if
adopted. PHMSA invites comments or
suggestions on how to facilitate a
straightforward transition from
transportation of explosives articles
reclassed as ORM–D to transportation as
limited quantity material such that it
ensures no undue burdens are placed on
shippers and carriers of such articles.
PHMSA is also proposing in § 173.63
to require ‘‘Cartridges, power devices,
ORM–D–AIR’’ (UN0323), before being
offered for transportation by aircraft, to
have been successfully tested in
accordance with the new UN Test Series
6(d) test effective April 1, 2011. This
proposed requirement is a precondition
for reclassification from Division 1.4S to
ORM–D for such articles intended for
transportation by international highway,
rail and vessel effective January 1, 2012.
Articles approved as Division 1.4S prior
to January 1, 2012, may continue to be
offered in domestic highway and rail
transportation only until January 1,
2014.
Section 173.120
Section 173.120 defines Class 3
(flammable liquid) material. PHMSA is
proposing to revise paragraph (c) to add
new testing methods for determining the
flash point of a liquid.
Section 173.121
Section 173.121 prescribes the
packing group assignment for flammable
liquids. Currently, the HMR do not
specify test method for determining the
boiling point of a liquid which may be
necessary for liquids with very low flash
points. PHMSA is proposing to revise
paragraph (a) to add new testing
methods for determining the boiling
point of a liquid.
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Section 173.137
Section 173.137 establishes test
criteria and packing group assignments
for Class 8 (corrosive) material. Since
1993, PHMSA has authorized under the
terms of a special permit an in vitro test
method as an alternative form of testing
to that specified in the HMR to
determine the corrosivity of certain
substances. Substances authorized for
analysis using the alternative test
method include acids (and their
derivatives), acyl halides, alkylamines
and polyalkylamines, bases,
chlorosilanes, metal halides, and
oxyhalides.
The UN Committee of Experts (COE)
recently recognized and adopted in vitro
test methods in the UN Model
Regulations as an alternative form of
testing to that specified in OECD
Guideline for Testing of Chemicals,
Number 404, ‘‘Acute Dermal Irritation/
Corrosion.’’ These alternative in vitro
test methods include:
• OECD Guidelines for the Testing of
Chemicals, No. 430, ‘‘In Vitro Skin
Corrosion: Transcutaneous Electrical
Resistance Test (TER)’’ (2004);
• No. 431, ‘‘In Vitro Skin Corrosion:
Human Skin Model Test’’ (2004); and
• No. 435, ‘‘In Vitro Membrane Barrier
Test Method for Skin Corrosion’’ (2006).
A positive result under in vitro
methods 430 and 431 may be used to
determine corrosivity for transportation
purposes but cannot be used to
determine the PG assignment. A
negative result for corrosivity under in
vitro methods 430 and 431 can preclude
further testing to determine PG
assignment using method 404, the
current OECD Guideline involving in
vivo testing or, method 435, the newly
adopted OECD Guideline involving in
vitro testing.
Based on the adoption of three new
OECD guidelines for the in vitro testing
of materials for corrosivity in the UN
Model Regulations and our own
initiative, PHMSA is proposing to adopt
such guidelines as matter incorporated
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by reference (IBR) in §§ 171.7 and
173.137 of the HMR. This is consistent
with a petition for rulemaking (P–1550)
filed by the People for the Ethical
Treatment of Animals (PETA), who
voice strong support for such action.
Section 173.144
Section 173.144 would be editorially
revised by adding the descriptions
‘‘Cartridges, small arms’’ and ‘‘Cartridges,
power device’’ and removing the
description ‘‘Consumer commodity.’’
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Sections 173.150, 173.151, 173.152,
173.153, 173.154, 173.155
Sections 173.150 through 173.155
prescribe the exceptions from certain
regulation as Class 3, 8 and 9 and
Division 4.1, 4.2, 4.3, 5.1, 5.2 and 6.1
materials under the HMR. PHMSA is
proposing to revise each of these
sections to recognize the UN Model
Regulations and IMDG Code provisions
for the highway, rail, and vessel
transportation of limited quantities. No
quantity limits are proposed to decrease;
however, two are increased slightly to
maintain alignment.
Section 173.150 prescribes specific
exceptions for Class 3 (flammable and
combustible liquid) materials. Paragraph
(d) prescribes exceptions for alcoholic
beverages (wine and distilled spirits) as
defined in 27 CFR 4.10 and 5.11. In this
NPRM, PHMSA is proposing to revise
paragraph (d) only to clarify the
exceptions by mode of transport in
order to provide a better understanding
of the applicability of the HMR to such
materials.
When we lowered the quantity limits
for limited quantities of Division 6.1
(primary or subsidiary) hazardous
materials in PG II in a final rule
published June 13, 2005 (HM–215G) (70
FR 34065), we did not remove the
labeling requirement for such materials
when intended for transportation by
highway, rail and vessel nor did we
authorize them as ‘‘Consumer
commodity, ORM–D’’ material. In this
NPRM, except for transportation by
aircraft, we are proposing to remove the
labeling requirement for all limited
quantities of Division 6.1 materials in
PG II and III as authorized under
§ 173.153. When the exceptions Column
(8A) of the HMT specifies Section
173.153, and the packaged is marked in
accordance with § 172.315, PHMSA is
proposing not to require a Division 6.1
label for transportation by highway, rail
and vessel. We believe this alignment
with international standards will
promote compliance without
compromising safety.
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Section 173.156
Section 173.156 prescribes the
conditions under which materials
reclassed as ORM–D may be offered for
transportation and transported in
excepted types of packagings or in
excess of authorized weight limits when
transported to or from a manufacturer,
a distribution center, retail outlet, or
disposal facility. In this notice, PHMSA
is proposing to eliminate the ORM–D
hazard class (after three years), if
adopted in a final rule. Until that time,
use of exceptions provided in § 173.156
will be authorized and extended to all
limited quantities marked in accordance
with § 172.315 regardless of whether
they also meet the definition of a
‘‘Consumer commodity’’ or not. In this
NPRM, PHMSA is proposing that
markings prescribed in § 172.316
(ORM–D and ORM–D–AIR) will no
longer be authorized on or after January
1, 2014.
Section 173.161
Section 173.161 prescribes packaging
requirements for chemical kits and first
aid kits containing small amounts of
hazardous materials. In this notice,
PHMSA is proposing to editorially
revise the section. In addition, PHMSA
is proposing to allow transport of dry
ice in accordance with the packaging
requirements of § 173.217 in packaging
authorized under this section when
used as a refrigerant for the contents of
a kit. For chemical and first aid kits
intended for transportation by air, the
reader is also directed to § 173.27 of the
HMR.
Section 173.165
A new section 173.165 would be
added to prescribe packaging and other
requirements for ‘‘Polyester resin kits,
UN3269’’ formerly contained in
§ 172.102, Special provision 40 and
§ 173.152(b)(4) of the HMR. This
amendment is intended to provide
clarification of existing requirements
while also harmonizing with
international standards.
Section 173.167
A new section 173.167 would be
added to indicate authorized materials
and quantity limits for articles and
substances that may be described as
‘‘Consumer commodity, ID8000’’ when
intended for transportation by aircraft.
Such articles and substances eligible for
classification or reclassification to Class
9 are Class 2 materials (non-toxic
aerosols only), Class 3 materials
(Packing Group II and III only), Division
6.1 (Packing Group III only), UN/
NA3077, UN/NA3082, and UN3175
provided such materials do not have a
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subsidiary risk and are authorized
aboard a passenger-carrying aircraft.
Inner and outer packaging quantity
limits are based on Packing Instruction
Y963 of the 2011–2012 ICAO TI.
Specification outer packagings are not
required under the conditions
prescribed in this section.
Section 173.220
Section 173.220 provides exceptions
from regulation under the HMR for the
transport of internal combustion
engines, self-propelled vehicles,
mechanical equipment containing
internal combustion engines, and
battery-powered vehicles or equipment.
This section would be revised to
include engines, vehicles, and
equipment powered by fuel cells
consistent with similar provisions under
international standards.
Section 173.225
Section 173.225 specifies packaging
requirements and other provisions for
organic peroxides. When the § 172.101
HMT specifies this section, the organic
peroxide must be packaged and offered
for transportation in accordance with
the provisions of this section. Each
packaging must also conform to the
general requirements of subpart B of
part 173 and to the applicable
requirements of part 178 of the HMR.
Specifically, organic peroxides that
require temperature control are subject
to § 173.21(f). When an IBC or bulk
packaging is authorized and meets the
requirements of paragraph (f) or (h) of
§ 173.225, respectively, lower control
temperatures than those specified for
non-bulk packaging may be required.
An organic peroxide not identified in
paragraph (c), (e), or (g) of § 173.225 by
technical name, or not assigned to a
generic type in accordance with
paragraph (b)(3) of this section, must
conform to the requirements in
paragraph (c) of § 173.128.
The Organic Peroxides Table specifies
by technical name those organic
peroxides that are authorized for
transportation and not subject to the
approval provisions of § 173.128. An
organic peroxide identified by technical
name is authorized for transportation
only if it conforms to all applicable
provisions of the table. In this NPRM,
PHMSA is proposing to amend the
Organic Peroxide Table in
§ 173.225(c)(8) by adding a new entry
and revising current entries. We are also
proposing to revise an entry to the
Organic Peroxide IBC Table in
paragraph (e) of this section.
The following entries in the Organic
Peroxide Table are being revised:
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UN3106 Di-(2-tertbutylperoxyisopropyl) benzene(s).
Exempt Di-(2-tertbutylperoxyisopropyl) benzene(s).
UN3105 2, 5-Dimethyl-2, 5-di-(tertbutylperoxy) hexane.
The following entry would be added
to the Organic Peroxide Table:
UN3103 2, 5-Dimethyl-2, 5-di-(tertbutylperoxy) hexane.
The following entry in the Organic
Peroxide IBC Table is being revised:
UN3109 Peroxyacetic acid, stabilized,
not more than 17%.
Section 173.230
Section 173.230 prescribes the
requirements for fuel cells offered for
transportation by all modes. In
paragraph (g), PHMSA is proposing to
allow only those fuel cells containing
flammable liquids and corrosive
materials to be transported as a limited
quantity by aircraft. In paragraph (h),
PHMSA is also proposing to prohibit the
reclassification to ‘‘Consumer
commodity, ORM–D–AIR’’ for
transportation by aircraft.
Section 173.301b
Section 173.301b prescribes general
requirements for shipment of UN
pressure receptacles. PHMSA is
proposing to revise paragraph (c)(2)(iii)
to indicate that valve protection
requirements for metal hydride storage
systems are specified in ISO 16111.
Additionally, we are proposing to revise
paragraph (e) regarding the integrity of
UN pressure receptacles used for
pyrophoric gases or flammable mixtures
of gases containing more than 1%
pyrophoric compounds in accordance
with the 16th revised edition of the UN
Model Regulations.
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Section 173.306
Section 173.306 prescribes the
requirements for limited quantities of
compressed gases. PHMSA is proposing
to revise paragraphs (i) and (k) of the
section to recognize the proposed new
marking for limited quantities of such
materials and provide a transitional
period for the eventual elimination of
the ORM–D hazard class.
PHMSA is proposing to revise
paragraph (h) to clarify that except for
transportation by aircraft, lighter refills
in the ORM–D hazard class are eligible
for the exceptions in paragraph (i) of the
section and § 173.156.
Section 173.307
Section 173.307 establishes
exceptions for compressed gases. In this
NPRM, PHMSA is proposing to add
certain light bulbs provided they are
packaged appropriately so that if a bulb
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ruptures all pieces are contained within
the package.
Section 173.311
PHMSA is proposing to add a new
§ 173.311 to prescribe the packaging
requirements for Metal hydride storage
systems, UN3468, used for the transport
of hydrogen. A metal hydride storage
system is a single complete hydrogen
storage system that includes a
receptacle, metal hydride, a pressure
relief device, a shut-off valve, service
equipment and internal components.
The HMR currently do not prescribe
specific packaging or shipping methods
for metal hydride storage systems
containing hydrogen. However, PHMSA
has issued a number of special permits
to allow the use of these systems for
transport. The UN Model Regulations,
in new Packing Instruction P205,
prescribe standards for the construction,
qualification, marking and
requalification of such systems and is
the basis for the proposed HMR
requirements. Some amendments
proposed in new § 173.311 include:
• Applies to transportable metal
hydride storage systems with pressure
receptacles not exceeding 150 liters in
water capacity and having a maximum
developed pressure not exceeding 25
MPa.
• Requires transportable metal
hydride storage systems to be designed,
constructed, initially inspected and
tested in accordance with ISO standard
16111:2008, ‘‘Transportable gas storage
devices—Hydrogen absorbed in
reversible metal hydride.’’ as authorized
under § 178.71(f) (formerly reserved).
• Requires steel pressure receptacles
or composite pressure receptacles with
steel liners to be marked in accordance
with § 173.301b(f) of the HMR which
specifies that a steel UN pressure
receptacle bearing an ‘‘H’’ mark must be
used for hydrogen bearing gases or other
gases that may cause hydrogen
embrittlement.
• Requires a requalification interval
of no more than five years as specified
in § 180.207 of the HMR in accordance
with the requalification procedures
prescribed in ISO 16111.
Section 173.320
Section 173.320 provides exceptions
from certain regulations for cryogenic
liquids. In this NPRM, PHMSA is
proposing to add a paragraph clarifying
authorization of use of the IMDG Code
for the transportation of cryogenic
liquids aboard vessels consistent with
amendments made to the IMDG Code
concerning stowage of cryogenic
liquids.
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Section 173.322
Section 173.322 prescribes various
packaging methods for ethyl chloride. In
this NPRM, PHMSA is proposing to
adopt the amended provisions from
packaging instruction P200 of the UN
Model Regulations for ethyl chloride in
a new paragraph (e). This new
packaging method authorizes ethyl
chloride in capsules not exceeding 150 g
of gas each, closed with a secondary
means applied, and placed in a strong
outer packaging not to exceed 75 kg
gross mass.
Part 175
Section 175.8
Section 175.8 provides for exceptions
from certain regulation for air carrier
operator equipment and items of
replacement. PHMSA is proposing to
revise paragraph (b)(3) to clarify that
transportation of alcoholic beverages,
perfumes, colognes, and liquefied gas
lighters carried aboard a passengercarrying aircraft by an operator must be
for use or sale of those items on that
specific aircraft. See Ref. No. 09–0207
under the ‘‘Interpretations’’ link on our
Web site.
Section 175.9
Section 175.9 prescribes the
applicability of the HMR to special
aircraft and rotocraft operations. This
section also prescribes the conditions
under which certain operations may be
performed in accordance with 14 CFR
and 49 CFR (e.g., avalanche and weather
control). In this notice, PHMSA is
emphasizing that rotocraft operations
are fully subject to both sets of
regulations.
Section 175.10
Section 175.10 specifies the
conditions for which passengers, crew
members or an operator may carry
hazardous materials aboard an aircraft.
PHMSA is proposing to add a new
paragraph (a)(17) to permit a mobility
aid such as a wheelchair, containing a
lithium-ion battery, to be transported in
accordance with the exceptions
provided in this section. A wheelchair
or other mobility aid that contains a
lithium metal battery is not permitted
aboard a passenger-carrying aircraft. As
a result of this proposed amendment,
current paragraph (a)(17) is redesignated
as paragraph (a)(18) and current
paragraph (a)(18) is redesignated as
paragraph (a)(19).
Paragraph (a)(19) is being revised to
allow passengers and crew members to
place certain spare fuel cell cartridges in
checked baggage. This exception does
not apply to Divisions 2.1 or 4.3
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materials contained in spare fuel cell
cartridges. Although the ICAO TI only
restricts spare fuel cell cartridges
containing Division 4.3 materials from
checked baggage, PHMSA strongly
believes that the restriction should also
include spare cartridges containing
Division 2.1 materials. Thus, PHMSA is
proposing a risk-based regulatory
amendment to allow spare fuel cell
cartridges containing flammable and
corrosive liquids in checked baggage
while continuing to require spare fuel
cell cartridges containing Division 2.1
and 4.3 materials to be carried aboard in
carry-on baggage only. This proposal is
also consistent with the risk-based
limited quantity authorization for fuel
cells and cartridges containing Division
2.1 and 4.3 materials offered for
transportation and transported by
aircraft in amendments proposed in
§ 173.230 of this notice.
Section 175.25
PHMSA is proposing to require
operators to provide certain information
to passengers regarding what hazardous
materials they may check-in or carry-on
a flight. Effective January 1, 2011, this
information is to be provided at points
of ticket sale and, effective January 1,
2013, at automated or remote passenger
check-in. Consistent with the ICAO TI,
if adopted these amendments will
require a passenger to acknowledge
limitations before a ticket purchase and
automated or remote check-in can be
finalized. PHMSA believes these
amendments only clarify existing
regulatory requirements in § 175.25 that
have not been updated due to changing
technologies used by air carriers to
either sell tickets (Internet) or check-in
passengers (automated kiosks).
Additionally, these amendments
provide air carriers greater flexibility in
how the information they are required
to provide passengers on hazardous
materials is disseminated to them.
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Section 175.30
Section 175.30 prescribes inspection
procedures for operators. PHMSA is
revising paragraph (e) regarding
overpack marking requirements for
packages of limited quantities offered
for transportation by aircraft.
Section 175.75
Section 175.75 prescribes quantity
limitations and cargo location
requirements for hazardous materials
transported by aircraft. PHMSA is
proposing to revise paragraph (e) to
correct an inadvertent cargo
compartment restriction for passengerauthorized materials carried aboard a
cargo-only aircraft published in a final
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rule under docket HM–215J (January 14,
2009; 74 FR 2267). PHMSA is also
proposing to revise the paragraph (f)
Quantity and Loading Tables for clarity.
Section 175.78
Section 175.78 prescribes the stowage
compatibility of hazardous materials
offered for transportation by aircraft.
PHMSA is proposing to revise
paragraph (c)(4)(iii) to specify that
except as provided in paragraph
(c)(4)(iv) of § 175.78, Division 1.4B
explosive materials may only be stowed
together with Division 1.4S explosive
materials. This revision is in accordance
with an amendment made in the 2011–
2012 ICAO TI.
Part 176
Section 176.2
Section 176.2 establishes definitions
specific to the transportation of
hazardous materials by vessel. PHMSA
is proposing to revise the definition for
‘‘Cargo transport unit’’ to include a
multiple-element gas container or
MEGC.
Section 176.76
Section 176.76 prescribes certain
requirements for transport vehicles,
freight containers, and portable tanks
containing hazardous materials
transported by vessel. In this notice, we
are revising paragraph (a)(9) to require
that when security devices, beacons or
other tracking or monitoring equipment
are used, they must be securely installed
and must be of a certified safe type for
the hazardous materials that will be
carried within the freight container or
transport vehicle.
Section 176.84
Section 176.84 outlines additional
requirements for stowage and
segregation of hazardous materials
transported by cargo and passenger
vessels. In this NPRM, PHMSA is
proposing to remove the redundant
stowage code ‘‘143.’’ This provision is
currently assigned to UN1259, UN2845,
UN3194, UN3392, and UN3394 which
prohibits the carriage of them aboard a
vessel transporting Class 1 explosive
material (except for explosive of
Division 1.4S). See the Section 172.101
Hazardous Materials Table changes for
our proposed amendment that adds
stowage code ‘‘78’’ to the above materials
of extreme flammability. Such materials
are now required to be ‘‘separated
longitudinally by an intervening
complete compartment or hold from
explosives’’ based on amendments
adopted in the IMDG Code.
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Section 176.142
Section 176.142 prescribes the
requirements for hazardous materials of
extreme flammability transported on the
same vessel as Class 1 (explosive)
materials. In this NPRM, PHMSA is
proposing to delete this outdated
section as the restriction no longer
exists. Hazardous materials of extreme
flammability are no longer prohibited
from stowage on the same vessel as
explosives. For these entries, the most
restrictive stowage requirements will be
required.
Section 176.905
Section 176.905 prescribes specific
requirements for motor vehicles or
mechanical equipment powered by
internal combustion engines that are
offered for transportation and
transported by vessel. For consistency
with Amendment 35–10 of the IMDG
Code, PHMSA is proposing to remove
the signage requirement for such articles
in paragraph (a)(5) and the ignition key
removal provisions from paragraph
(a)(6).
Part 178
Section 178.71
Section 178.71 establishes the
specifications for UN pressure
receptacles. In this NPRM, we are
proposing to amend the cylinder bundle
marking requirements in § 178.71(e) by
adding a new paragraph (e)(8)
specifying pressure vessel markings
only apply to the pressure vessel itself
and not to the assembly structure of the
bundle. Additionally, we are proposing
to add new paragraphs (f) and (m), that
establish the design and construction
requirements for UN metal hydride
storage systems and refillable welded
cylinders, respectively. To accomplish
this, we are redesignating paragraphs
(m) through (r) as paragraphs (n)
through (s), and revising paragraphs (q)
and (s) accordingly to correct paragraph
references. Further, we are adding three
ISO standards to the IBR table in § 171.7
of this subchapter for UN refillable
welded cylinders (4706, 18172–1 and
20703). Lastly, we are proposing to
require that transportable metal hydride
storage systems (see § 173.311) be
designed, constructed, initially
inspected and tested in accordance with
ISO 16111:2008, ‘‘Transportable gas
storage devices—Hydrogen absorbed in
reversible metal hydride.’’ as authorized
under § 178.71(m).
Section 178.275
Section 178.275 prescribes
requirements for UN portable tanks
intended for transportation of liquid and
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solid hazardous materials. Currently,
§ 178.275(h) prohibits the use of fusible
elements on portable tanks with a test
pressure which exceeds 2.65 bar (265
kPa). In § 172.102(c)(8), we proposed to
add a new portable tank Special
provision ‘‘TP36’’ authorizing the use of
fusible elements in the vapor space of
portable tanks with a gauge test pressure
that exceeds 265 kPa (38.4 psig/2.65 bar)
for certain organometallic substances. In
this NPRM, we are proposing to
authorize use of fusible elements based
on a well-established history of safe
transportation of these substances in
portable tanks equipped with fusible
elements capable of properly
functioning at pressure of at least 1000
kPa (145 psig/10 bar). Past experience of
the use of fusible elements indicates
reliability and a proper functioning even
in the event of a release during loading
or unloading. Additionally, for
organometallic materials that are
shipped in rigid portable tanks with a
minimum test pressure of more than 265
kPa (38.4 psig/2.65 bar), the tanks are
required to be equipped with a
depressurizing system that releases the
inside pressure to avoid rupturing the
tank as a result of an inadvertent release
or fire. Fusible elements are used by
shippers as a secondary pressure relief
device, in addition to a re-closing
pressure relief device. No regulatory
amendments are proposed to this
section.
Section 178.347–1
Section 178.347–1 prescribes the
general requirements for DOT
Specification 407 cargo tank motor
vehicles. Paragraph (d)(9) prescribes
weld integrity, compliance and
acceptance criteria for bulkheads.
The exemption in § 178.347–1(d)(8)
currently provides an unconditional
exemption from UW–12 for all joints.
Section 178.347–1(d)(9) applies a
condition to one particular joint
configuration in a head. In petition P–
1333, TTMA requested that we adopt a
weld joint efficiency of 0.85 for head
seams in bulkheads on DOT 407 cargo
tanks. Based on review of the TTMA
petition and additional information that
was provided, we proposed in the HM–
213 NPRM (66 FR 63095; December 4,
2001) that the strength of a weld seam
in a bulkhead without radiographic
examination of the weld must be 0.85 of
the strength of the bulkhead. The
welded seam must be a full penetration
butt weld, no more than one seam may
be used per bulkhead, and the welded
seam must be completed before forming
the dish radius and knuckle radius.
TTMA commented on the above
proposal to the NPRM regarding
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§ 178.347–1(d)(9), General Requirements
and stated, ‘‘While we agree with the
proposal to allow a provisional 85%
weld joint efficiency for DOT 407 heads
with butt-welded seams, we would like
to see the requirements of UW–12 of the
ASME Code specifically exempted for
this welded joint. Even though this
section implies an exemption, the
exemption is not specific. We suggest
the following wording, * * * ‘‘The
strength of a weld seam in a bulkhead
that has not been radiographically
examined shall be 0.85 of the strength
of the bulkhead and be exempted from
the requirements of UW–12 of the
ASME Code under the following
condition;’’
In the final rule, we agreed with their
comment and agreed to make the
change; however, it was changed in a
corrections document (68 FR 52363;
September 3, 2003). The final rule
stated: ‘‘In its comments to the NPRM,
TTMA agrees with the provisional 85%
weld joint efficiency for DOT 407 heads
with butt-welded seams. However,
TTMA suggests that we include the
requirements of Part UW–12 of the
ASME Code to the list of excepted
requirements in § 178.347–1(d)(8). We
agree with TTMA. In this final rule, we
are adding Part UW–12 of the ASME
Code to the list of excepted
requirements.’’
In October 2004, we added an
exemption from the radiography/joint
efficiency requirements of ASME VIII
sec UW–12 for DOT 407 cargo tanks 35
psig and less in § 178.347–1(d)(8) and
(9). The intent was to provide a
conditional alternate means of
determining a joint efficiency for certain
head welds. Listing UW–12 in
§ 178.347–1(d)(8) instead of (9),
however, results in an unconditional
exemption from UW–12 in all welds on
these tanks. Therefore, we are proposing
to revise § 178.347–1(d)(9), add a new
subparagraph (i), and re-number
accordingly in order to harmonize these
requirements with the applicable
Transport Canada Regulations.
Section 178.603
Section 178.603 prescribes the drop
test requirements for non-bulk
packagings in the HMR. In this notice,
PHMSA is proposing to revise
paragraph (f)(4) to amend the criteria for
passing the tests. Currently, the HMR
only require that there is no leakage of
filling substance from the inner
packaging. In this notice, we are
proposing to also require that inner
receptacles, inner packagings and
articles remain completely within the
outer package when drop tested.
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52091
Section 178.703
Section 178.703 prescribes the
marking requirements for IBCs. PHMSA
is proposing to align paragraph
(a)(1)(viii) with the UN Model
Regulations by requiring the gross mass,
in kg, to be marked on all IBC types.
Currently, the HMR require a net mass
to be marked on flexible IBCs which is
inconsistent with international
standards. PHMSA inadvertently did
not revise the HMR when the
international standards were amended
to specify that a maximum permissible
gross mass be marked on all IBC types.
Section 178.955
Section 178.955 establishes
definitions used with regard to Subpart
Q of Part 178 that prescribes the design
and testing criteria for Large Packagings.
PHMSA is proposing to add the
following two new definitions,
‘‘Remanufactured Large Packaging’’ and
‘‘Reused Large Packaging,’’ in new
paragraphs (c)(6) and (c)(7),
respectively. A ‘‘remanufactured’’ large
packaging would be defined as a metal
or rigid plastic large packaging that is
produced as a UN type from a non-UN
type or is converted from one UN design
type to another UN design type.
Remanufactured large packagings are
subject to the same HMR requirements
that apply to a new large packaging. A
‘‘reused’’ large packaging would be
defined as a large packaging to be
refilled which has been examined and
found free of defects affecting the ability
to withstand the performance tests. The
term includes those which are refilled
with the same or similar compatible
contents and are transported within
distribution chains controlled by the
consignor of the product.
Part 180
Section 180.207
Section 180.207 prescribes the
requirements for the requalification of
UN pressure receptacles. In this notice,
PHMSA is proposing to require that
metal hydride storage systems be
requalified every five years in
accordance with ISO 16111:2008 and
the records of that requalification be
retained in accordance with § 180.215 of
the HMR.
Section 180.350
Section 180.350 prescribes
applicability and defines certain terms
regarding the qualification and
maintenance of IBCs. PHMSA is
proposing to revise paragraph (b) to
indicate that the replacement of the
inner receptacle of a composite IBC with
one from the original manufacturer is
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considered repair. This revision is
consistent with the recent change in the
definition of ‘‘repair’’ in the UN Model
Regulations.
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VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This proposed rule is published under
the following statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
materials in intrastate, interstate, and
foreign commerce. This proposed rule
amends regulations to maintain
alignment with international standards
by incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations and vessel stowage
requirements. To this end, as discussed
in detail above, the proposed rule
amends the HMR to more fully align
them with the biennial updates of the
UN Model Regulations, the IMDG Code
and the ICAO TI.
Harmonization serves to facilitate
international commerce; at the same
time, harmonization promotes the safety
of people, property, and the
environment by reducing the potential
for confusion and misunderstanding
that could result if shippers and
transporters were required to comply
with two or more conflicting sets of
regulatory requirements. While the
intent of this rulemaking is to align the
HMR with international standards, we
review and consider each amendment
on its own merit based on its overall
impact on transportation safety and the
economic implications associated with
its adoption into the HMR. Our goal is
to harmonize without sacrificing the
current HMR level of safety and without
imposing undue burdens on the
regulated public. Thus, as explained in
the corresponding sections above, we
are not proposing harmonization with
certain specific provisions of the UN
Model Regulations, the IMDG Code, and
the ICAO TI. Moreover, we are
maintaining a number of current
exceptions for domestic transportation
that should minimize the compliance
burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This rule
proposes to amend the HMR to maintain
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alignment with international standards
by incorporating various amendments to
facilitate the transport of hazardous
material in international commerce. To
this end, as discussed in detail above,
PHMSA proposes to incorporate
changes into the HMR based on the
Sixteenth revised edition of the UN
Model Regulations, Amendment 35–10
to the IMDG Code, and the 2011–2012
ICAO TI, which become effective
January 1, 2011. The continually
increasing amount of hazardous
materials transported in international
commerce warrants the harmonization
of domestic and international
requirements to the greatest extent
possible.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This proposed rule is not considered
a significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. The
proposed rule is not considered a
significant rule under the Regulatory
Policies and Procedures of the
Department of Transportation [44 FR
11034]. This proposed rule applies to
offerors and carriers of hazardous
materials, such as chemical
manufacturers, chemical users and
suppliers, packaging manufacturers,
distributors, radiopharmaceutical
companies, and training companies.
Benefits resulting from the adoption of
the amendments in this proposed rule
include enhanced transportation safety
resulting from the consistency of
domestic and international hazard
communications and continued access
to foreign markets by U.S.
manufacturers of hazardous materials.
The majority of amendments in this
proposed rule should result in cost
savings and ease the regulatory
compliance burden for shippers engaged
in domestic and international
commerce, including trans-border
shipments within North America.
We propose a one-year transition
period to allow for training of
employees and to ease any burden on
entities affected by the amendments.
The total net increase in costs to
businesses in implementing the
proposed rule is considered to be
minimal. Initial start-up and inventory
costs would result from these changes;
however, the costs would be offset by
greater long-term savings of
conformance with one set of regulations
and a one-year transition period. A
regulatory evaluation is available for
review in the public docket for this
rulemaking.
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C. Executive Order 13132
This proposed rule has been analyzed
in accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This proposed
rule preempts State, local and Indian
Tribe requirements but does not propose
any regulation that has substantial
direct effects on the States, the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts State, local and Indian Tribe
requirements on certain covered
subjects, as follows:
(1) The designation, description, and
classification of hazardous material;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material;
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, recondition, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material in commerce.
This proposed rule addresses covered
subject items (1), (2), (3), (4) and (5)
above and preempts State, local, and
Indian Tribe requirements not meeting
the ‘‘substantively the same’’ standard.
This proposed rule is necessary to
incorporate changes adopted in
international standards, effective
January 1, 2011. If the changes in this
proposed rule are not adopted in the
HMR, U.S. companies, including
numerous small entities competing in
foreign markets, would be at an
economic disadvantage. These
companies would be forced to comply
with a dual system of regulations. The
changes in this proposed rulemaking are
intended to avoid this result. Federal
hazardous materials transportation law
provides at 49 U.S.C. 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
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preemption. The effective date may not
be earlier than the 90th day following
the date of issuance of the final rule and
not later than two years after the date of
issuance. PHMSA proposes the effective
date of Federal preemption be 90 days
from publication of a final rule in this
matter.
D. Executive Order 13175
This proposed rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this proposed rule does not
have Tribal implications, does not
impose substantial direct compliance
costs, and is required by statute, the
funding and consultation requirements
of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities, unless the agency
determines that a rule is not expected to
have a significant impact on a
substantial number of small entities.
This proposed rule facilitates the
transportation of hazardous materials in
international commerce by providing
consistency with international
standards. This proposed rule applies to
offerors and carriers of hazardous
materials, some of whom are small
entities, such as chemical
manufacturers, users and suppliers,
packaging manufacturers, distributors
and training companies. As discussed
above, under Executive Order 12866, the
majority of amendments in this
proposed rule should result in cost
savings and ease the regulatory
compliance burden for shippers engaged
in domestic and international
commerce, including trans-border
shipments within North America.
Many companies will realize
economic benefits as a result of these
amendments. Additionally, the changes
effected by this final rule will relieve
U.S. companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system
of regulations. Therefore, I certify that
these amendments will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.
This proposed rule has been
developed in accordance with Executive
Order 13272 (‘‘Proper Consideration of
Small Entities in Agency Rulemaking’’)
and DOT’s procedures and policies to
promote compliance with the
Regulatory Flexibility Act to ensure that
potential impacts of draft rules on small
entities are properly considered.
F. Paperwork Reduction Act
PHMSA currently has approved
information collections under Office of
Management and Budget (OMB) Control
Number 2137–0034, ‘‘Hazardous
Materials Shipping Papers and
Emergency Response Information,’’ with
an expiration date of May 31, 2011, and
OMB Control Number 2137–0557,
‘‘Approvals for Hazardous Materials,’’
with an expiration date of June 30, 2011.
This NPRM may result in an decrease in
the annual burden and costs of OMB
Control Number 2137–0034 due to
proposed amendments to the exceptions
for shipping paper requirements for
limited quantities of Class 3, Division
4.1, Division 4.2, Division 4.3, Division
5.1, Division 5.2, Division 6.1, Class 8,
and Class 9 materials for those limited
quantities that are defined as consumer
commodities. This NPRM may result in
an increase in the annual burden and
costs of OMB Control Number 2137–
0557 due to proposed amendments to
the classification criteria for eight
Division 1.4 explosive articles to add
the Type 6(d) test as prescribed in the
5th Revised Edition of the UN Manual
of Tests and Criteria.
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it has been approved by OMB
and displays a valid OMB control
number. Section 1320.8(d), title 5, Code
of Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
and recordkeeping requests.
This notice identifies revised
information collection requests that
PHMSA will submit to OMB for
approval based on the requirements in
this proposed rule. PHMSA has
developed burden estimates to reflect
changes in this proposed rule, and
estimates the information collection and
recordkeeping burden as proposed in
this rule to be as follows:
OMB Control No.:
Annual
Annual
Annual
Annual
Decrease
Decrease
Decrease
Decrease
in
in
in
in
2137–0034
Number of Respondents .................................................................................................................................
Annual Number of Responses .......................................................................................................................
Annual Burden Hours .....................................................................................................................................
Annual Burden Costs ......................................................................................................................................
OMB Control No.:
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Annual
Annual
Annual
Annual
Increase
Increase
Increase
Increase
in
in
in
in
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Avenue, SE., Washington, DC 20590–
0001, Telephone (202) 366–8553.
Address written comments to the
Dockets Unit as identified in the
ADDRESSES section of this rulemaking.
We must receive comments regarding
information collection burdens prior to
the close of the comment period
identified in the DATES section of this
rulemaking. In addition, you may
submit comments specifically related to
the information collection burden to the
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75,000,000
75,000,000
1,875,000
$1,875,000.00
2137–0557
Number of Respondents ..................................................................................................................................
Annual Number of Responses .........................................................................................................................
Annual Burden Hours .......................................................................................................................................
Annual Burden Costs .......................................................................................................................................
PHMSA specifically requests
comments on the information collection
and recordkeeping burdens associated
with developing, implementing, and
maintaining these requirements for
approval under this proposed rule.
Requests for a copy of this information
collection should be directed to Steven
Andrews or T. Glenn Foster, Office of
Hazardous Materials Standards (PHH–
11), Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey
52093
Sfmt 4702
465
465
2,325
$58,125
PHMSA Desk Officer, Office of
Management and Budget, at fax number
202–395–6974. If these proposed
requirements are adopted in a final rule,
PHMSA will submit the revised
information collection and
recordkeeping requirements to OMB for
approval.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
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listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act
This proposed rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more, adjusted for
inflation, to either State, local or Tribal
governments, in the aggregate, or to the
private sector in any one year, and is the
least burdensome alternative that
achieves the objective of the rule.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
I. Environmental Assessment
The National Environmental Policy
Act, 42 U.S.C. 4321–4375, requires that
Federal agencies analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Council on
Environmental Quality (CEQ)
regulations order Federal agencies to
conduct an environmental review
considering (1) the need for the
proposed action, (2) alternatives to the
proposed action, (3) probable
environmental impacts of the proposed
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. 40 CFR
1508.9(b).
1. Purpose and Need
PHMSA is proposing to amend the
Hazardous Materials Regulations to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. These revisions are
necessary to harmonize the Hazardous
Materials Regulations with recent
changes to the International Maritime
Dangerous Goods Code, the
International Civil Aviation
Organization’s Technical Instructions
for the Transport of Dangerous Goods by
Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods. The amendments are
intended to enhance the safety of
international hazardous materials
transportation through better
understanding of the regulations, an
increased level of industry compliance,
the smooth flow of hazardous materials
from their points of origin to their
points of destination, and effective
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emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet
the definition of a marine pollutant in
all modes of transportation. The
intended effect is to increase the level
of safety associated with the
transportation of substances hazardous
to the marine environment by way of
improved communication of their
presence in transportation and
establishing appropriate requirements
for their packaging. The HMR uses a list
based system designed to help shippers
determine if a material meets the
definition of a marine pollutant.
Recently, the IMO adopted a criteria
based system for identification of
materials hazardous to the marine
environment based on the Globally
Harmonized System of Classification
and Labeling of Chemicals (GHS).
2. Alternatives
In developing this proposed rule, we
considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards
in their entirety.
(3) Adopt most of the international
standards, with certain modifications
based on safety or economic
considerations.
Alternative 1:
Because our goal is to facilitate
uniformity, compliance, commerce and
safety in the transportation of hazardous
materials, we rejected this alternative.
Alternative 2:
By adopting the international
standards in their entirety, PHMSA
could potentially adopt provisions that,
in our view, do not provide an adequate
safety level. Further, because we
provide for domestic exceptions and
extended compliance periods to
minimize the potential economic impact
of any revisions on the regulated
community, this alternative was also
rejected.
Alternative 3:
Consistency between U.S. and
international regulations helps to assure
the safety of international hazardous
materials transportation through better
understanding of the regulations, an
increased level of industry compliance,
the smooth flow of hazardous materials
from their points of origin to their
points of destination, and effective
emergency response in the event of a
hazardous materials incident. Under
Alternative 3, we would harmonize the
HMR with international standards to the
extent consistent with U.S. safety and
economic goals.
Alternative 3 is the only alternative
that addresses, in all respects, the
purpose of this regulatory action, which
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is to facilitate the safe and efficient
transportation of hazardous materials in
international commerce. These actions
will provide the greatest possible
harmonization with international
requirements without posing an undue
increased cost burden on industry. For
these reasons, alternative 3 is our
recommended alternative.
3. Analysis of Environmental Impacts
Hazardous materials are transported
by aircraft, vessel, rail, and highway.
The potential for environmental damage
or contamination exists when packages
of hazardous materials are involved in
accidents or en route incidents resulting
from cargo shifts, valve failures, package
failures, or loading, unloading, or
handling problems. The ecosystems that
could be affected by a release include
air, water, soil, and ecological resources
(for example, wildlife habitats). The
adverse environmental impacts
associated with releases of most
hazardous materials are short-term
impacts that can be greatly reduced or
eliminated through prompt clean-up of
the accident scene. Most hazardous
materials are not transported in
quantities sufficient to cause significant,
long-term environmental damage if they
are released.
The hazardous material regulatory
system is a risk-management system that
is prevention-oriented and focused on
identifying hazards and reducing the
probability and quantity of a hazardous
material release. Amending the
Hazardous Materials Regulations to
maintain alignment with international
standards enhances the safe
transportation of hazardous materials in
domestic and international commerce.
When considering the adoption of
international standards under the HMR,
we review and consider each
amendment on its own merit and assess
their impact on transportation safety
and the environment. It is our
preliminary conclusion that the
proposals being made in this notice will
have no adverse affect on the
environment we welcome public
comment on the matter.
4. Consultations and Public Comment
On June 20, 2007, November 27, 2007,
June 18, 2008, and November 19, 2008,
PHMSA hosted public meetings with
public and private stakeholders to
discuss draft U.S. positions on the
United Nation’s Sub-Committee of
Experts on the Transport of Dangerous
Goods (UNSCOE) proposals for the
Sixteenth revised edition of the UN
Recommendations on the Transport of
Dangerous Goods Model Regulations. In
addition, PHMSA and the U.S. Coast
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of the proposed rule to ensure that it
does not exclude imports that meet this
objective. Accordingly, this rulemaking
is consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
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.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Guard hosted a public meeting on
September 17, 2008, and hosted a
second meeting on September 10, 2009,
to discuss amendments to the IMDG
Code. A public meeting was held on
September 29, 2009 to discuss
amendments to the ICAO TI. During
these public meetings, U.S. positions on
proposed amendments to the UN
Recommendations were considered and
discussed. Positions were established
based on input received during these
meetings in conjunction with internal
review, including thorough technical
review.
We have identified a number of
immediate and long-term actions that
participants in the international
community are taking or will take to
enhance the safe transportation of
hazardous materials. Through this
integrated and cooperative approach, we
believe we can be most successful in
reducing incidents, enhancing safety,
and protecting the public. We expect to
receive comments from other agencies
and affected members of the regulated
and international communities during
the comment period.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Radioactive materials,
Reporting and recordkeeping
requirements.
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
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
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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 176
Hazardous materials transportation,
Incorporation by reference, Maritime
carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 178
49 CFR Part 180
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
In consideration of the foregoing,
PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
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2. In § 171.7, in the paragraph (a)(3)
table, the following changes are made:
a. Under the entry ‘‘American Society
for Testing and Materials (ASTM),’’ the
entries ‘‘ASTM D56–05’’, ‘‘ASTM D86–
07a’’, ‘‘ASTM D93–08’’, ‘‘ASTM D1078–
05’’, ‘‘ASTM D3278–96(2004)e1’’, and
‘‘ASTM D3828–07a’’ are added in
appropriate numerical order;
b. Under the entry ‘‘International Civil
Aviation Organization (ICAO),’’ the
entry ‘‘Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions)’’ is
revised;
c. Under the entry ‘‘International
Maritime Organization (IMO)’’ the
entries ‘‘International Maritime
Dangerous Goods Code (IMDG Code), ’’
and ‘‘International Convention for the
Safety of Life at Sea (SOLAS)’’ are
revised;
d. Under the entry ‘‘International
Organization for Standardization (ISO),’’
the entries ‘‘ISO 2592—1973(E)’’; ‘‘ISO
10297:1999’’ and ‘‘ISO 10461:2005’’ are
revised; and the entries ‘‘ISO
1516:2002’’; ‘‘ISO 1523:2002’’; ‘‘ISO
2719:2002’’; ‘‘ISO 3405:2000’’; ‘‘ISO
3679:2004’’; ‘‘ISO 3680:2004’’; ‘‘ISO
3924:1999’’; ‘‘ISO 4626:1980’’; ‘‘ISO
4706:2008’’; ‘‘ISO 10692–2:2001’’; ‘‘ISO
13736:2008’’; ‘‘ISO 16111:2008’’; ‘‘ISO
18172–1:2007’’ and ‘‘ISO 20703’’ are
added in numerical order;
e. Under the entry ‘‘Organization for
Economic Cooperation and
Development (OECD)’’, the entries
‘‘OECD Guideline for the Testing of
Chemicals, Number 430, ‘In Vitro Skin
Corrosion: Transcutaneous Electrical
Resistance Test (TER) (2004)’ ’’, ‘‘OECD
Guideline for the Testing of Chemicals,
Number 431, ‘In Vitro Skin Corrosion:
Human Skin Model Test (2004)’ ’’, and
‘‘OECD Guideline for the Testing of
Chemicals, Number 435, ‘In Vitro
Membrane Barrier Test Method for Skin
Corrosion (2006)’ ’’, are added in
numerical order, and the entry ‘‘OECD
Guideline for the Testing of Chemicals,
Number 404, ‘Acute Dermal Irritation/
Corrosion (1992)’ ’’ is revised;
f. Under the entry for ‘‘Transport
Canada,’’ the entry ‘‘Transportation of
Dangerous Goods Regulations’’ is
revised; and
g. Under the entry ‘‘United Nations,’’
the entry ‘‘UN Recommendations on the
Transport of Dangerous Goods’’ is
revised.
The additions and revisions read as
follows:
§ 171.7
Reference material.
(a) * * *
(3) * * *
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Source and name of material
*
*
*
49 CFR reference
*
*
*
*
*
*
*
*
*
D56–05, Standard test method for flash point by tag closed cup tester ................................................
D86–07a, Standard test method for distillation of petroleum products at atmospheric pressure ..........
D93–08, Standard test methods for flash point by Pensky-Martens closed cup tester .........................
D1078–05, Standard test method for distillation range of volatile organic liquids .................................
*
173.120.
173.120.
173.120.
173.120.
*
*
*
*
*
*
ASTM D3278–96(2004) e1, Standard test methods for flash point of liquids by small scale closed-cup apparatus.
ASTM D3828–07a, Standard test methods for flash point by small scale closed tester ..................................
*
173.120.
*
American Society for Testing and Materials (ASTM)
ASTM
ASTM
ASTM
ASTM
*
*
*
*
173.120.
*
*
*
International Civil Aviation Organization (ICAO)
*
*
*
*
*
Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions),
2011–2012 Edition.
*
*
*
*
*
*
171.8; 171.22; 171.23; 171.24;
172.202;
172.401;
172.512;
172.602;
173.56;
173.320;
175.33; 178.3.
*
*
*
International Maritime Organization (IMO)
*
*
*
*
*
International Convention for the Safety of Life at Sea (SOLAS), Chapter II–2/Regulation 19, 2009 ...............
International Maritime Dangerous Goods Code (IMDG Code), 2010 Edition, Incorporating Amendment 35–
10 (English Edition), Volumes 1 and 2.
*
*
176.63, 176.84.
171.22; 171.23; 171.25; 172.101;
Appendix B; 172.202; 172.401;
172.502;
172.602;
173.21;
173.56; 176.2; 176.5; 176.11;
176.27; 176.30; 176.84; 178.3.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
International Organization for Standardization
*
*
*
*
*
ISO 1516:2002 Determination of flash/no flash—Closed cup equilibrium method .........................................
ISO 1523:2002 Determination of flash point—Closed cup equilibrium method ..............................................
ISO 2592:2000 Petroleum products—Determination of flash and fire points—Cleveland open cup method
ISO 2719:2002 Determination of flash point—Pensky-Martens closed cup method ......................................
ISO 3405:2000 Petroleum products—Determination of distillation characteristics at atmospheric pressure
ISO 3679:2004 Determination of flash point—Rapid equilibrium closed cup method ....................................
ISO 3680:2004 Determination of flash/no flash—Rapid equilibrium closed cup method ...............................
ISO 3924:1999 Petroleum products—Determination of boiling range distribution—Gas chromatography
method.
ISO 4626:1980 Volatile organic liquids—Determination of boiling range of organic solvents used as raw
materials.
ISO 4706, Gas cylinders—Refillable welded steel cylinders—Test pressure 60 bar and below, First edition,
2008.
ISO 10297, Gas cylinders—Refillable gas cylinder valves Specification and type testing, Second edition,
2006, (E).
ISO 10461, Gas cylinders—Seamless aluminum-alloy gas cylinders Periodic inspection and testing, Second edition, February 2005, (E), and Addendum 1, (2006).
ISO 10692–2:2001 Gas cylinders—Gas cylinder valve connections for use in the micro-electronics industry—Part 2: Specification and type testing for valve to cylinder connections’’,.
ISO 13736:2008 Determination of flash point—Abel closed-cup method .......................................................
ISO 16111:2008 Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride .......
ISO 18172–1, Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and
below, First edition, 2007.
ISO 20703, Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing,
First edition, 2006.
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*
173.120.
173.120.
173.120.
173.120.
173.121.
173.120.
173.120.
173.121.
173.121.
178.71.
173.301b, 178.71.
180.207.
173.40.
173.120.
173.311, 178.71.
178.71.
178.71.
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Source and name of material
*
*
*
49 CFR reference
*
*
*
*
Organization for Economic Cooperation and Development (OECD)
OECD Guideline for the Testing of Chemicals, Number 404, ‘‘Acute Dermal Irritation/Corrosion’’ (2002) ......
OECD Guideline for the Testing of Chemicals, Number 430, ‘‘In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)’’ (2004).
OECD Guideline for the Testing of Chemicals, Number 431, ‘‘In Vitro Skin Corrosion: Human Skin Model
Test’’ (2004).
OECD Guideline for the Testing of Chemicals, Number 435, ‘‘In Vitro Membrane Barrier Test Method for
Skin Corrosion’’ (2006).
*
*
*
*
173.137.
173.137.
173.137.
173.137.
*
*
*
Transport Canada
*
*
*
*
*
Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), August 2001 including Clear Language Amendments SOR 2001–286, Amendment 1 (SOR/2002–306) August 8, 2002;
Amendment 2 (SOR/2003–273) July 24, 2003; Amendment 3 (SOR/2003–400) December 3, 2003;
Amendment 4 (SOR/2005–216) July 13, 2005; Amendment 5 (SOR/2005–279) September 21, 2005;
subsection 4.18(5) of Amendment 6 (SOR/2008–34) February 7, 2008; Amendment 6 (SOR/2008–34)
February 7, 2008; and Amendment 7 (SOR/2007–179) August 22, 2007.
*
*
171.12; 171.22; 171.23; 172.401;
172.502;
172.519;
172.602;
173.31; 173.32; 173.33.
.
*
*
*
*
*
*
*
United Nations
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Sixteenth revised edition (2009) Volumes I
and II.
*
*
*
3. In § 171.8, the definitions for ‘‘Metal
hydride storage system’’ and ‘‘Open
cryogenic receptacle’’ are added and the
definition for ‘‘Oxidizing gas’’ is revised
to read as follows:
§ 171.8
Definitions and abbreviations.
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*
*
*
*
*
Metal hydride storage system means a
single complete hydrogen storage
system that includes a receptacle, metal
hydride, pressure relief device, shut-off
valve, service equipment and internal
components used for the transportation
of hydrogen only.
*
*
*
*
*
Open cryogenic receptacle means a
transportable thermally insulated
receptacle for refrigerated liquefied
gases maintained at atmospheric
pressure by continuous venting of the
refrigerated gas.
*
*
*
*
*
Oxidizing gas means a gas that may,
generally by providing oxygen, cause or
contribute to the combustion of other
material more than air does.
Specifically, this means a pure gas or
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*
*
gas mixture with an oxidizing power
greater than 23.5% as determined by a
method specified in ISO 10156:1996 or
10156–2:2005 (IBR, see § 171.7 of this
subchapter) (see also § 173.115(k)).
*
*
*
*
*
4. In § 171.23, paragraph (b)(9) is
revised to read as follows: § 171.23
Requirements for specific materials and
packagings transported under the ICAO
Technical Instructions, IMDG Code,
Transport Canada TDG Regulations, or
the IAEA Regulations.
*
*
*
*
*
(b) * * *
(9) Poisonous materials, Division 6.1.
Division 6.1 hazardous materials
transported by aircraft as limited
quantities are not excepted from
labeling.
*
*
*
*
*
5. In § 171.25, the first sentence in
paragraph (b)(1) is revised, a new
paragraph (b)(4) is added, and
paragraphs (c)(5) and (d)(3) are
removed.
The revision and addition read as
follows:
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*
*
171.12; 171.22; 171.23; 172.202;
172.401;
172.502;
173.22;
173.24; 173.24b; 173.40; 173.56;
173.192; 173.197; 173.302b;
173.304b;
178.75;
178.274;
178.801.
Sfmt 4702
*
*
§ 171.25 Additional requirements for the
use of the IMDG Code.
*
*
*
*
*
(b) * * *
(1) Unless specified otherwise in this
subchapter, a shipment must conform to
the requirements in part 176 of this
subchapter. * * *
* * *
(4) Articles consigned under UN3166
and UN3171 (e.g., Engines, internal
combustion, etc., Vehicles, etc. and
Battery-powered equipment) may be
prepared in accordance with the IMDG
Code or this subchapter.
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
6. The authority citation for part 172
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
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wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
7. In § 172.101, the following
amendments are made:
a. A new paragraph (c)(10)(iv) is
added.
b. Paragraph (e) is amended by adding
a new sentence at the end of the
paragraph; and
c. The Hazardous Materials Table is
amended by removing, adding and
revising entries, in the appropriate
alphabetical sequence.
The revisions, removals and additions
read as follows:
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§ 172.101 Purpose and use of hazardous
materials table.
*
*
*
*
*
(c) * * *
(10) * * *
(iv) A mixture or solution not
identified in the Table specifically by
name, comprised of a single
predominant hazardous material and
traces of one or more hazardous and
non-hazardous materials not affecting
the classification of the predominant
hazardous material must be described
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using an appropriate shipping
description for the predominant
hazardous material.
*
*
*
*
*
(e) * * * Those preceded by the
letters ‘‘ID’’ are associated with proper
shipping names considered appropriate
for air transportation only and
recognized by the ICAO Technical
Instructions (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
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Nitric acid other than
red fuming, with not
more than 70 percent nitric acid.
Nitric acid other than
red fuming, with less
than 65 percent nitric acid.
Lithium hypochlorite,
dry with more than
39% available chlorine (8.8% available
oxygen) or Lithium
hypochlorite mixtures, dry with more
than 39% available
chlorine (8.8% available oxygen).
1-Hydroxybenzotriazole, anhydrous,
wetted with not less
than 20 percent
water, by mass.
Formaldehyde, solutions, flammable.
Formaldehyde, solutions, with not less
than 25 percent
formaldehyde.
Engines, internal combustion, flammable
gas powered.
Engines, internal combustion, flammable
liquid powered.
Detonator, assemblies,
non-electric, for
blasting.
[REMOVE]
(2)
Hazardous materials
descriptions and proper shipping names
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
*
UN1198 ....
UN3166 ....
UN3166 ....
UN0500 ....
(4)
Identification numbers
8
8
5.1
UN2031 ....
UN2031 ....
UN1471 ....
UN3474 ....
8
4.1
UN2209 ....
3
9
9
*
1.4S
(3)
Hazard
class or
division
*
II ...............
*
II ...............
*
II ...............
*
I ................
III ..............
*
III ..............
...................
*
...................
*
II ...............
(5)
PG
*
8 ...............
*
8 ...............
*
5.1 ............
*
4.1 ............
8 ...............
*
3, 8 ...........
9 ...............
*
9 ...............
*
1.4S ..........
(6)
Label
codes
§ 172.101
*
A6, B2, B47, B53, IB2,
T8, TP2.
*
A6, B2, B47, B53, IB2,
IP15, T8, TP2.
*
A9, IB8, IP2, IP4, N34
*
162, N90 .....................
IB3, T4, TP1 ...............
*
B1, IB3, T4, TP1 .........
135 ..............................
*
135 ..............................
*
.....................................
(7)
Special
provisions
(§ 172.102)
*
None .........
*
None .........
*
152 ...........
*
None .........
154 ...........
*
150 ...........
220 ...........
*
220 ...........
*
63(f), 63(g)
(8A)
Exceptions
158 ...........
158 ...........
212 ...........
211 ...........
203 ...........
203 ...........
220 ...........
220 ...........
62 .............
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE
*
242 ...........
*
242 ...........
*
240 ...........
*
None .........
241 ...........
*
242 ...........
220 ...........
*
220 ...........
*
None .........
(8C)
Bulk
*
Forbidden
*
Forbidden
*
5 kg ..........
*
0.5 kg .......
5 L ............
*
5 L ............
No limit .....
*
Forbidden
*
25 kg ........
(9A)
30 L ..........
30 L ..........
25 kg ........
0.5 kg .......
60 L ..........
60 L ..........
No limit .....
No limit .....
100 kg ......
(9B)
Cargo aircraft only
(9) Quantity limitations
Passenger
aircraft/rail
D ...............
D ...............
A ...............
D ...............
A.
A ...............
A.
A.
05.
(10A)
Location
44, 66, 89,
90, 110,
111.
44, 66, 74,
89, 90.
4, 48, 52,
56, 58,
69, 106,
116.
28, 36.
40.
(10B)
Other
(10) Vessel stowage
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52099
VerDate Mar<15>2010
15:09 Aug 23, 2010
W ...........
(1)
Symbols
Jkt 220001
PO 00000
Frm 00032
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
24AUP2
Calcium hypochlorite,
hydrated, corrosive
or Calcium hypochlorite, hydrated
mixtures, corrosive
with less than 5.5%
but not more than
16% water.
Calcium hypochlorite,
dry, corrosive or Calcium hypochlorite
mixtures, dry, corrosive with more than
39% available chlorine (8.8% available
oxygen).
Batteries, nickel-metal
hydride.
Alkali metal dispersions, flammable or
Alkaline earth metal
dispersions, flammable.
[ADD]
Vehicle, flammable gas
powered.
Vehicle, flammable liquid powered.
Trinitro-meta-cresol .....
Tars, liquid including
road asphalt and
oils, bitumen and cut
backs.
(2)
Hazardous materials
descriptions and proper shipping names
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
3
*
*
*
*
*
*
UN3166 ....
UN0216 ....
UN1999 ....
(4)
Identification numbers
5.1
5.1
9
UN3487 ....
UN3485 ....
UN3496 ....
UN3482 ....
9
4.3
UN3166 ....
9
*
1.1D
*
(3)
Hazard
class or
division
*
5.1, 8 ........
*
5.1, 8 ........
*
9 ...............
*
4.3, 3 ........
*
9 ...............
*
9 ...............
5.1, 8 ........
*
II ...............
*
II ...............
*
...................
*
I ................
*
...................
*
...................
*
1.1D ..........
3 ...............
III ..............
*
II ...............
*
3 ...............
(6)
Label
codes
III ..............
165, IB8, IP4, W9 .......
*
165, IB8, IP2, IP4,
IP13, W9.
*
165, 166, A7, A9, IB8,
IP2, IP4, IP13, N34,
W9.
*
130, 340 ......................
*
A2, A3, A7 ..................
*
135 ..............................
*
135 ..............................
*
.....................................
B1, B13, IB3, T1, TP3
*
149, B13, IB2, T3,
TP3, TP29.
(7)
Special
provisions
(§ 172.102)
152 ...........
*
152 ...........
*
152 ...........
*
...................
*
None .........
*
220 ...........
*
220 ...........
*
None .........
150 ...........
*
150 ...........
(8A)
Exceptions
213 ...........
212 ...........
212 ...........
...................
201 ...........
220 ...........
220 ...........
62 .............
203 ...........
202 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
II ...............
(5)
PG
§ 172.101
240 ...........
*
240 ...........
*
None .........
*
...................
*
244 ...........
*
220 ...........
*
220 ...........
*
None .........
242 ...........
*
242 ...........
(8C)
Bulk
5 kg ..........
*
...................
*
...................
*
...................
*
Forbidden
*
No limit .....
*
Forbidden
*
Forbidden
60 L ..........
*
5 L ............
(9A)
25 kg ........
...................
...................
...................
1 L ............
No limit .....
No limit .....
Forbidden
220 L ........
60 L ..........
(9B)
Cargo aircraft only
(9) Quantity limitations
Passenger
aircraft/rail
D ...............
D ...............
D ...............
A ...............
D ...............
A.
A.
10 .............
A.
B.
(10A)
Location
4, 48, 52,
56, 58,
69, 142.
4, 48, 52,
56, 58,
69, 142.
4, 48, 52,
56, 58,
69, 142.
48.
52.
5E.
(10B)
Other
(10) Vessel stowage
52100
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
VerDate Mar<15>2010
15:09 Aug 23, 2010
+ .............
A ............
Jkt 220001
PO 00000
Frm 00033
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
24AUP2
Lithium hypochlorite,
dry with more than
39% available chlorine (8.8% available
oxygen) or Lithium
hypochlorite mixtures, dry with more
than 39% available
chlorine (8.8% available oxygen).
Iodine ..........................
1-Hydroxybenzotriazole,
monohydrate.
Hydrazine aqueous solution, flammable
with more than 37%
hydrazine, by mass.
Formaldehyde solutions, flammable.
Formaldehyde solutions, with not less
than 25 percent
formaldehyde.
Engines, internal combustion, or Engines,
fuel cell, flammable
gas powered.
Engines internal combustion, or Engines,
fuel cell, flammable
liquid powered.
Detonator assemblies,
non-electric, for
blasting.
Consumer commodity
Calcium hypochlorite
mixtures, dry, corrosive with more than
10% but not more
than 39% available
chlorine.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
UN3486 ....
ID8000 ......
5.1
*
*
*
*
*
UN1198 ....
UN3166 ....
UN3166 ....
5.1
8
4.1
UN1471 ....
UN3495 ....
UN3474 ....
UN3484 ....
8
8
UN2209 ....
3
9
9
*
1.4S
*
UN0500 ....
9
*
*
*
5.1 ............
5.1 ............
III ..............
*
8, 6.1 ........
*
4.1 ............
*
8, 3, 6.1 ....
8 ...............
*
3, 8 ...........
9 ...............
*
9 ...............
*
1.4S ..........
*
9 ...............
*
5.1, 8 ........
*
II ...............
*
III ..............
*
I ................
*
I ................
III ..............
*
III ..............
...................
*
...................
*
II ...............
*
...................
*
III ..............
IB8, IP3, N34, T1,
TP33.
*
A9, IB8, IP2, IP4, N34
*
IB8, IP3, T1, TP33 ......
*
N90 .............................
*
B16, B53, T10, TP2,
TP13.
IB3, T4, TP1 ...............
*
B1, IB3, T4, TP1 .........
135 ..............................
*
135 ..............................
*
347 ..............................
*
.....................................
*
165, A1, A29, IB8, IP3,
IP13, N34, W9.
152 ...........
*
152 ...........
*
154 ...........
*
None .........
*
None .........
154 ...........
*
4b, 150 .....
220 ...........
*
220 ...........
*
63(f), 63(g)
*
167 ...........
*
152 ...........
213 ...........
212 ...........
213 ...........
211 ...........
201 ...........
203 ...........
203 ...........
220 ...........
220 ...........
62 .............
167 ...........
213 ...........
240 ...........
*
240 ...........
*
240 ...........
*
None .........
*
243 ...........
241 ...........
*
242 ...........
220 ...........
*
220 ...........
*
None .........
*
None .........
*
240 ...........
25 kg ........
*
5 kg ..........
*
...................
*
0.5 kg .......
*
Forbidden
5 L ............
*
5 L ............
No limit .....
*
Forbidden
*
25 kg ........
*
30 kg gross
*
5 kg ..........
100 kg ......
25 kg ........
...................
0.5 kg .......
2.5 L .........
60 L ..........
60 L ..........
No limit .....
No limit .....
100 kg ......
30 kg
gross.
25 kg ........
A ...............
A ...............
B ...............
D ...............
D ...............
A.
A ...............
A.
A.
05.
D ...............
4, 48, 52,
56, 58,
69, 116.
4, 48, 52,
56, 58,
69, 106,
116.
40, 55.
28, 36.
40, 52,
125.
40.
4, 48, 52,
56, 58,
69, 142.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52101
VerDate Mar<15>2010
(2)
Hazardous materials
descriptions and proper shipping names
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00034
Fmt 4701
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E:\FR\FM\24AUP2.SGM
G ............
G ............
I ..............
+ .............
Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity
lower than or equal
to 200 ml/m3 and
saturated vapor concentration greater
than or equal to 500
LC50.
Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity
lower than or equal
to 1,000 ml/m3 and
saturated vapor concentration greater
than or equal to 10
LC50.
Tars, liquid including
road oils and cutback bitumens.
Petroleum sour crude
oil, flammable, toxic.
Nitric acid other than
red fuming, with
more than 70 percent nitric acid.
Nitric acid other than
red fuming, with
more than 20 percent and less than
65 percent nitric acid.
Motor fuel anti-knock
mixtures, flammable.
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
*
(3)
6.1
6.1
3
3
8
8
6.1
Hazard
class or
division
UN3493 ....
UN3492 ....
UN1999 ....
UN3494 ....
UN2031 ....
UN2031 ....
UN3483 ....
(4)
Identification numbers
*
3, 6.1 ........
*
8, 5.1 ........
*
8 ...............
*
6.1, 3 ........
(6)
Label
codes
I ................
*
I ................
III ..............
*
III ..............
II ...............
6.1, 8, 3 ....
*
6.1, 8, 3 ....
3 ...............
*
3, 6.1 ........
3 ...............
3, 6.1 ........
II ...............
2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.
*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.
B1, B13, IB3, T1, TP3
*
343, IB3, T4, TP1 .......
149, B13, IB2, T3,
TP3, TP29.
343, IB2, T7, TP2 .......
*
343, T14, TP2, TP13 ..
*
A3, B47, B53, T10,
TP2, TP13.
*
A6, B2, B47, B53, IB2,
IP15, T8, TP2.
*
14, T14, TP2, TP13 ....
(7)
Special
provisions
(§ 172.102)
None .........
*
None .........
150 ...........
*
150 ...........
150 ...........
150 ...........
*
None .........
*
None .........
*
None .........
*
None .........
(8A)
Exceptions
227 ...........
226 ...........
203 ...........
203 ...........
202 ...........
202 ...........
201 ...........
158 ...........
158 ...........
201 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
I ................
*
I ................
*
II ...............
*
I ................
(5)
PG
§ 172.101
244 ...........
*
244 ...........
242 ...........
*
242 ...........
242 ...........
243 ...........
*
243 ...........
*
242 ...........
*
242 ...........
*
244 ...........
(8C)
Bulk
Forbidden
*
Forbidden
60 L ..........
*
60 L ..........
5 L ............
5 L ............
*
1 L ............
*
Forbidden
*
Forbidden
*
Forbidden
(9A)
Forbidden
Forbidden
220 L ........
220 L ........
60 L ..........
60 L ..........
30 L ..........
2.5 L .........
30 L ..........
30 L ..........
(9B)
Cargo aircraft only
(9) Quantity limitations
Passenger
aircraft/rail
D ...............
D ...............
A.
C ...............
B.
D ...............
D ...............
D ...............
D ...............
D ...............
(10A)
Location
40, 125.
40, 125.
40.
40.
40.
44, 66, 89,
90, 110,
111.
44, 66, 89,
90, 110,
111.
25, 40.
(10B)
Other
(10) Vessel stowage
52102
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
24AUP2
Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity
lower than or equal
to 200 ml/m3 and
saturated vapor concentration greater
than or equal to 500
LC50.
Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity
lower than or equal
to 1,000 ml/m3 and
saturated vapor concentration greater
than or equal to 10
LC50.
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00035
Fmt 4701
Sfmt 4702
G ............
E:\FR\FM\24AUP2.SGM
24AUP2
Air, compressed ..........
[REVISE]
Vehicle, flammable gas
powered or Vehicle,
fuel cell, flammable
gas powered.
Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable liquid powered.
Trinitro-m-cresol ..........
G ............
G ............
Toxic by inhalation liquid, water-reactive,
flammable, n.o.s.
with an inhalation
toxicity lower than or
equal to 200 ml/m3
and saturated vapor
concentration greater than or equal to
500 LC50.
Toxic by inhalation liquid, water-reactive,
flammable, n.o.s.
with an inhalation
toxicity lower than or
equal to 1,000 ml/m3
and saturated vapor
concentration greater than or equal to
10 LC50.
G ............
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
6.1
6.1
6.1
6.1
*
*
*
UN3166 ....
UN0216 ....
UN3491 ....
UN3490 ....
UN3489 ....
UN3488 ....
UN1002 ....
9
2.2
UN3166 ....
9
*
1.1D
*
*
*
...................
*
...................
*
...................
*
II ...............
I ................
*
I ................
I ................
*
I ................
*
2.2 ............
*
9 ...............
*
9 ...............
*
1.1D ..........
6.1, 4.3, 3
*
6.1, 4.3, 3
6.1, 3, 8 ....
*
6.1, 3, 8 ....
*
78 ................................
*
135 ..............................
*
135 ..............................
*
.....................................
2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.
*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.
2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.
*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.
*
306, 307 ...
*
220 ...........
*
220 ...........
*
None .........
None .........
*
None .........
None .........
*
None .........
302 ...........
220 ...........
220 ...........
62 .............
227 ...........
226 ...........
227 ...........
226 ...........
*
302 ...........
*
220 ...........
*
220 ...........
*
None .........
244 ...........
*
244 ...........
244 ...........
*
244 ...........
*
75 kg ........
*
No limit .....
*
Forbidden
*
Forbidden
Forbidden
*
Forbidden
Forbidden
*
Forbidden
150 kg ......
No limit .....
No limit .....
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
A.
A.
A.
10 .............
D ...............
D ...............
D ...............
D ...............
5E.
21, 28, 40,
49.
21, 28, 40,
49.
40, 125.
40, 125.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52103
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Antimony compounds,
inorganic, liquid,
n.o.s.
Antimony compounds,
inorganic, solid,
n.o.s.
Alcohols, n.o.s. ...........
(2)
Hazardous materials
descriptions and proper shipping names
Frm 00036
Arsenic compounds,
liquid, n.o.s. inorganic, including
arsenates, n.o.s.;
arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic,
n.o.s.
Argon, refrigerated liquid (cryogenic liquid).
Arsenic compounds,
solid, n.o.s. inorganic, including
arsenates, n.o.s.;
arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic,
n.o.s.
Barium compounds,
n.o.s.
Beryllium compounds,
n.o.s.
G ............
G ............
G ............
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
G ............
G ............
G ............
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
24AUP2
*
*
*
*
*
*
(3)
3
6.1
6.1
6.1
6.1
2.2
6.1
6.1
Hazard
class or
division
UN1566 ....
UN1564 ....
UN1557 ....
UN1556 ....
UN1951 ....
UN1549 ....
UN3141 ....
UN1987 ....
(4)
Identification numbers
...................
III ..............
6.1 ............
*
6.1 ............
*
2.2 ............
6.1 ............
6.1 ............
III ..............
I ................
*
6.1 ............
6.1 ............
III ..............
6.1 ............
III ..............
*
II ...............
*
6.1 ............
III ..............
*
II ...............
6.1 ............
II ...............
6.1 ............
6.1 ............
II ...............
*
I ................
*
...................
III ..............
*
6.1 ............
...................
II ...............
*
III ..............
*
3 ...............
(6)
Label
codes
*
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
*
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
IB2, T11, TP2, TP13,
TP27.
IB3, T7, TP2, TP28 .....
IB7, IP1, T6, TP33 ......
*
T14, TP2, TP13, TP27
*
T75, TP5 .....................
35, IB8, IP3, T1, TP33
*
35, IB3, T7, TP1, TP28
*
172, T11, TP1, TP8,
TP27.
172, IB2, T7, TP1,
TP8, TP28.
172, B1, IB3, T4, TP1,
TP29.
(7)
Special
provisions
(§ 172.102)
153 ...........
*
153 ...........
153 ...........
*
153 ...........
153 ...........
153 ...........
153 ...........
None .........
153 ...........
*
None .........
*
320 ...........
153 ...........
*
153 ...........
4b, 150 .....
4b, 150 .....
*
4b .............
(8A)
Exceptions
213 ...........
212 ...........
213 ...........
212 ...........
213 ...........
212 ...........
203 ...........
201 ...........
202 ...........
201 ...........
316 ...........
213 ...........
203 ...........
203 ...........
202 ...........
201 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
I ................
(5)
PG
§ 172.101
240 ...........
*
242 ...........
240 ...........
*
242 ...........
240 ...........
242 ...........
241 ...........
242 ...........
243 ...........
*
243 ...........
*
318 ...........
240 ...........
*
241 ...........
242 ...........
242 ...........
*
243 ...........
(8C)
Bulk
100 kg ......
*
25 kg ........
100 kg ......
*
25 kg ........
100 kg ......
25 kg ........
60 L ..........
5 kg ..........
5 L ............
*
1 L ............
*
50 kg ........
100 kg ......
*
60 L ..........
60 L ..........
5 L ............
*
1 L ............
(9A)
Passenger
aircraft/rail
200 kg ......
100 kg ......
200 kg ......
100 kg ......
200 kg ......
100 kg ......
220 L ........
50 kg ........
60 L ..........
30 L ..........
500 kg ......
200 kg ......
220 L ........
220 L ........
60 L ..........
30 L ..........
(9B)
Cargo aircraft only
(9) Quantity limitations
A.
A.
A.
A.
A ...............
A ...............
B ...............
A ...............
B ...............
B ...............
D.
A.
A.
A.
B.
E.
(10A)
Location
137.
137.
40, 137.
137.
40, 137.
40, 137.
(10B)
Other
(10) Vessel stowage
52104
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
Bromates, inorganic,
aqueous solution,
n.o.s.
VerDate Mar<15>2010
15:09 Aug 23, 2010
+ .............
Jkt 220001
PO 00000
Frm 00037
Fmt 4701
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E:\FR\FM\24AUP2.SGM
24AUP2
Chlorates, inorganic,
aqueous solution,
n.o.s.
Chlorates, inorganic,
n.o.s.
Chlorites, inorganic,
n.o.s.
G ............
G ............
Charges, shaped, without detonator.
Charges, explosive,
commercial without
detonator.
Charges, bursting,
plastics bonded.
Cartridges, power device (used to project
fastening devices).
Cartridges, power device.
G ............
D ............
A W ........
Carbon dioxide, refrigerated liquid.
Carbon dioxide, solid
or Dry ice.
Carbon disulfide ..........
Cadmium compounds
tert-Butyl isocyanate ...
G ............
G ............
Bromates, inorganic,
n.o.s.
G ............
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
UN1131 ....
3
UN0460 ....
None .........
*
*
5.1
5.1
5.1
UN1462 ....
UN1461 ....
UN3210 ....
UN0441 ....
*
1.4S
*
1.4S
UN0445 ....
*
1.4S
*
ORM–D
UN0323 ....
UN1845 ....
UN2187 ....
UN2570 ....
UN2484 ....
UN1450 ....
UN3213 ....
9
2.2
6.1
6.1
5.1
5.1
*
1.4S
*
*
*
*
*
5.1 ............
*
II ...............
*
5.1 ............
5.1 ............
5.1 ............
III ..............
II ...............
*
5.1 ............
*
1.4S ..........
*
1.4S ..........
*
1.4S ..........
*
None .........
*
1.4S ..........
3, 6.1 ........
None .........
*
II ...............
*
II ...............
*
II ...............
*
II ...............
*
...................
*
II ...............
I ................
...................
*
2.2 ............
6.1 ............
III ..............
*
...................
*
6.1 ............
6.1 ............
*
6.1, 3 ........
*
I ................
II ...............
*
I ................
5.1 ............
III ..............
II ...............
5.1 ............
*
II ...............
*
352, A9, IB6, IP2, N34,
T3, TP33.
351, A7, IB6, IP2, N34,
T3, TP33.
351, IB2, T4, TP1 .......
*
351, IB2, T4, TP1 .......
*
347 ..............................
*
347 ..............................
*
347 ..............................
*
347 ..............................
*
110, 347 ......................
B16, T14, TP2, TP7,
TP13.
.....................................
*
T75, TP5 .....................
*
IB7, IP1, T6, TP33 ......
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.
350, IB8, IP2, IP4, T3,
TP33.
350, IB2, T4, TP1 .......
*
350, IB2, T4, TP1 .......
*
152 ...........
152 ...........
152 ...........
*
152 ...........
*
None .........
*
None .........
*
None .........
*
63 .............
*
63 .............
None .........
217 ...........
*
306 ...........
153 ...........
*
None .........
153 ...........
*
None .........
152 ...........
152 ...........
*
152 ...........
212 ...........
212 ...........
203 ...........
202 ...........
62 .............
62 .............
62 .............
None .........
62 .............
201 ...........
217 ...........
304 ...........
213 ...........
211 ...........
212 ...........
226 ...........
212 ...........
203 ...........
202 ...........
*
242 ...........
242 ...........
241 ...........
*
242 ...........
*
None .........
*
None .........
*
None .........
*
None .........
*
None .........
243 ...........
240 ...........
*
314, 315 ...
240 ...........
*
242 ...........
242 ...........
*
244 ...........
242 ...........
241 ...........
*
242 ...........
*
5 kg ..........
5 kg ..........
2.5 L .........
*
1 L ............
*
25 kg ........
*
25 kg ........
*
25 kg ........
*
30 kg gross
*
25 kg ........
Forbidden
200 kg ......
*
50 kg ........
100 kg ......
*
5 kg ..........
25 kg ........
*
Forbidden
5 kg ..........
2.5 L .........
*
1 L ............
25 kg ........
25 kg ........
30 L ..........
5 L ............
100 kg ......
100 kg ......
100 kg ......
30 kg gross
100 kg ......
Forbidden
200 kg ......
500 kg ......
200 kg ......
50 kg ........
100 kg ......
Forbidden
25 kg ........
30 L ..........
5 L ............
A ...............
A ...............
B ...............
B ...............
05.
05.
05.
A.
05.
D ...............
C ...............
D.
A.
A.
A.
D ...............
A ...............
B ...............
B ...............
56, 58.
56, 58,
133.
56, 58.
56, 58,
133.
40, 78,
115.
40.
40.
56, 58,
133.
56, 58.
56, 58,
133.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52105
VerDate Mar<15>2010
(2)
Hazardous materials
descriptions and proper shipping names
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4702
G ............
G ............
G ............
G ............
G ............
E:\FR\FM\24AUP2.SGM
24AUP2
Detonators, non-electric, for blasting.
Detonators for ammunition.
Detonators, electric for
blasting.
Cyanide solutions,
n.o.s.
Crotonaldehyde or
Crotonaldehyde, stabilized.
Compressed gas, n.o.s
Chlorosilanes, toxic,
corrosive, flammable, n.o.s.
Chlorosilanes, toxic,
corrosive, n.o.s.
Chloropicrin mixtures,
n.o.s.
Chloropicrin .................
+ .............
+ .............
Chloroacetonitrile ........
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
UN1935 ....
UN1143 ....
UN1956 ....
UN3361 ....
UN3362 ....
UN1583 ....
UN1580 ....
UN2668 ....
UN0456 ....
6.1
6.1
2.2
6.1
6.1
6.1
6.1
6.1
(4)
Identification numbers
UN0366 ....
UN0455 ....
*
1.4S
*
*
*
*
*
*
*
(3)
Hazard
class or
division
*
1.4S
*
1.4S
*
6.1 ............
*
6.1 ............
*
6.1, 3 ........
(6)
Label
codes
*
II ...............
*
II ...............
*
II ...............
*
1.4S ..........
*
1.4S ..........
*
1.4S ..........
6.1 ............
6.1 ............
II ...............
III ..............
*
6.1 ............
*
6.1, 3 ........
*
2.2 ............
6.1, 8 ........
*
6.1, 3, 8 ....
*
I ................
*
I ................
*
...................
II ...............
*
II ...............
6.1 ............
6.1 ............
II ...............
III ..............
*
347 ..............................
*
347 ..............................
*
347 ..............................
*
B37, T14, TP2, TP13,
TP27.
IB2, T11, TP2, TP13,
TP27.
IB3, T7, TP2, TP13,
TP28.
*
2, 175, B9, B14, B32,
B77, T20, TP2,
TP13, TP38, TP45.
*
.....................................
T14, TP2, TP7, TP13,
TP27.
*
T14, TP2, TP7, TP13,
TP27.
IB2 ...............................
IB3 ...............................
*
5 ..................................
*
2, B7, B9, B14, B32,
B46, T22, TP2,
TP13, TP38, TP45.
*
2, B9, B14, B32, IB9,
T20, TP2, TP13,
TP38, TP45.
(7)
Special
provisions
(§ 172.102)
*
63(f), 63(g)
*
None .........
*
63(f), 63(g)
153 ...........
153 ...........
*
None .........
*
None .........
*
306, 307 ...
None .........
*
None .........
153 ...........
153 ...........
*
None .........
*
None .........
*
None .........
(8A)
Exceptions
62 .............
62 .............
62 .............
203 ...........
202 ...........
201 ...........
227 ...........
302, 305 ...
206 ...........
206 ...........
202 ...........
203 ...........
201 ...........
227 ...........
227 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
I ................
*
I ................
*
I ................
(5)
PG
§ 172.101
*
None .........
*
None .........
*
None .........
241 ...........
243 ...........
*
243 ...........
*
244 ...........
*
314, 315 ...
243 ...........
*
243 ...........
243 ...........
241 ...........
*
243 ...........
*
244 ...........
*
244 ...........
(8C)
Bulk
*
25 kg ........
*
25 kg ........
*
25 kg ........
60 L ..........
5 L ............
*
1 L ............
*
Forbidden
*
75 kg ........
1 L ............
*
1 L ............
Forbidden
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
(9A)
100 kg ......
100 kg ......
100 kg ......
220 L ........
60 L ..........
30 L ..........
Forbidden
150 kg ......
30 L ..........
30 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
(9B)
Cargo aircraft only
(9) Quantity limitations
Passenger
aircraft/rail
05.
05.
05.
A ...............
A ...............
B ...............
D ...............
A.
C ...............
C ...............
C ...............
C ...............
C ...............
D ...............
D ...............
(10A)
Location
40, 52.
40, 52.
40, 52.
40.
40.
40, 125.
40.
40.
40.
40.
12, 40, 52.
(10B)
Other
(10) Vessel stowage
52106
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
24AUP2
Hypochlorites, inorganic, n.o.s.
Isobutyl isocyanate .....
+ .............
Hydrogen in a metal
hydride storage system or Hydrogen in
a metal hydride storage system contained in equipment
or Hydrogen in a
metal hydride storage system packed
with equipment.
Helium, refrigerated
liquid (cryogenic liquid).
Fluorosilicates, n.o.s ...
Ethyl isocyanate ..........
Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol
solutions.
Environmentally hazardous substance,
solid, n.o.s.
Elevated temperature
liquid, flammable,
n.o.s., with flash
point above 37.8 C,
at or above its flash
point.
Elevated temperature
liquid, n.o.s., at or
above 100 C and
below its flash point
(including molten
metals, molten salts,
etc.).
Elevated temperature
solid, n.o.s., at or
above 240 C, see
§ 173.247(h)(4).
G ............
G ............
+ .............
G ............
G ............
G ............
G ............
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
*
*
*
*
6.1
5.1
2.1
2.2
6.1
6.1
3
9
9
9
3
UN2486 ....
UN3212 ....
UN3468 ....
UN1963 ....
UN2856 ....
UN2481 ....
UN1170 ....
UN3077 ....
UN3258 ....
UN3257 ....
UN3256 ....
*
I ................
*
II ...............
*
...................
*
...................
*
III ..............
*
6.1, 3 ........
*
5.1 ............
*
2.1 ............
*
2.2 ............
*
6.1 ............
*
6.1, 3 ........
...................
III ..............
*
I ................
*
3 ...............
*
9 ...............
9 ...............
9 ...............
*
3 ...............
*
II ...............
*
III ..............
III ..............
III ..............
*
III ..............
*
1, B9, B14, B30, T20,
TP2, TP13, TP27.
*
349, A9, IB8, IP2, IP4,
T3, TP33.
*
167 ..............................
*
T75, TP5 .....................
*
IB8, IP3, T1, TP33 ......
*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.
24, B1, IB3, T2, TP1 ...
*
24, IB2, T4, TP1 .........
*
8, 146, A112, B54,
IB8, IP3, N20, T1,
TP33.
.....................................
IB1, T3, TP3, TP29 .....
*
IB1, T3, TP3, TP29 .....
*
None .........
*
152 ...........
*
None .........
*
320 ...........
*
153 ...........
*
None .........
4b, 150 .....
*
4b, 150 .....
*
155 ...........
247(h)(4) ...
None .........
*
None .........
226 ...........
212 ...........
311 ...........
316 ...........
213 ...........
226 ...........
203 ...........
202 ...........
213 ...........
None .........
None .........
None .........
*
244 ...........
*
240 ...........
*
None .........
*
318 ...........
*
240 ...........
*
244 ...........
242 ...........
*
242 ...........
*
240 ...........
247 ...........
247 ...........
*
247 ...........
*
Forbidden
*
5 kg ..........
*
Forbidden
*
50 kg ........
*
100 kg ......
*
Forbidden
60 L ..........
*
5 L ............
*
No limit .....
Forbidden
Forbidden
*
Forbidden
Forbidden
25 kg ........
100 kg
gross.
500 kg ......
200 kg ......
Forbidden
220 L ........
60 L ..........
No limit .....
Forbidden
Forbidden
Forbidden
D ...............
D ...............
D.
D.
A ...............
D ...............
A.
A.
A.
A ...............
A ...............
A.
40.
4, 48, 52,
56, 58,
69, 106,
116, 118.
52.
40, 52.
85.
85.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52107
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00040
*
*
*
*
*
(3)
3
6.1
2.2
6.1
Hazard
class or
division
Fmt 4701
Sfmt 4702
Mercury compounds,
liquid, n.o.s.
Medicine, solid, toxic,
n.o.s.
E:\FR\FM\24AUP2.SGM
Metal catalyst, dry .......
24AUP2
Metal catalyst, wetted
with a visible excess
of liquid.
Methacrylonitrile, stabilized.
G ............
Mercury compounds,
solid, n.o.s.
G ............
G ............
+ .............
*
*
Medicine, liquid, toxic,
n.o.s.
6.1
4.2
4.2
6.1
6.1
6.1
6.1
Medicine, liquid, flammable, toxic, n.o.s.
*
3
Lead compounds,
soluble, n.o.s.
Krypton, refrigerated
liquid (cryogenic liquid).
Isopropyl isocyanate ...
Isopropanol or Isopropyl alcohol.
(2)
Hazardous materials
descriptions and proper shipping names
G ............
G ............
+ .............
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
UN3079 ....
UN1378 ....
UN2881 ....
UN2025 ....
UN2024 ....
UN3249 ....
UN1851 ....
UN3248 ....
UN2291 ....
UN1970 ....
UN2483 ....
UN1219 ....
(4)
Identification numbers
6.1 ............
6.1 ............
3, 6.1 ........
6.1 ............
III ..............
II ...............
*
6.1 ............
III ..............
II ...............
*
I ................
*
6.1, 3 ........
4.2 ............
4.2 ............
III ..............
II ...............
*
4.2 ............
4.2 ............
*
I ................
II ...............
6.1 ............
6.1 ............
II ...............
III ..............
I ................
III ..............
6.1 ............
6.1 ............
6.1 ............
*
I ................
6.1 ............
III ..............
II ...............
*
3, 6.1 ........
*
6.1 ............
*
2.2 ............
*
6.1, 3 ........
*
3 ...............
(6)
Label
codes
*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.
*
N34, T21, TP7, TP33
IB6, IP2, N34, T3,
TP33.
IB8, IP3, N34, T1,
TP33.
A2, A8, IB1, N34, T3,
TP33.
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
IB2 ...............................
IB3 ...............................
IB7, IP1, T6, TP33 ......
*
.....................................
T3, TP33 .....................
.....................................
T3, TP33 .....................
IB3 ...............................
.....................................
*
IB2 ...............................
*
138, IB8, IP3, T1,
TP33.
*
T75, TP5 .....................
*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.
*
IB2, T4, TP1 ...............
(7)
Special
provisions
(§ 172.102)
*
None .........
None .........
None .........
*
None .........
None .........
153 ...........
153 ...........
153 ...........
153 ...........
None .........
*
None .........
153 ...........
153 ...........
153 ...........
150 ...........
153 ...........
*
150 ...........
*
153 ...........
*
320 ...........
*
None .........
*
4b, 150 .....
(8A)
Exceptions
227 ...........
212 ...........
187 ...........
187 ...........
187 ...........
213 ...........
212 ...........
202 ...........
203 ...........
211 ...........
201 ...........
213 ...........
203 ...........
212 ...........
203 ...........
202 ...........
202 ...........
213 ...........
None .........
226 ...........
202 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
II ...............
*
III ..............
*
...................
*
I ................
*
II ...............
(5)
PG
§ 172.101
*
244 ...........
None .........
241 ...........
*
None .........
242 ...........
240 ...........
242 ...........
243 ...........
241 ...........
242 ...........
*
243 ...........
240 ...........
241 ...........
242 ...........
242 ...........
243 ...........
*
243 ...........
*
240 ...........
*
None .........
*
244 ...........
*
242 ...........
(8C)
Bulk
*
Forbidden
Forbidden
25 kg ........
*
Forbidden
Forbidden
100 kg ......
25 kg ........
5 L ............
60 L ..........
5 kg ..........
*
1 L ............
100 kg ......
60 L ..........
25 kg ........
60 L ..........
5 L ............
*
1 L ............
*
100 kg ......
*
50 kg ........
*
Forbidden
*
5 L ............
(9A)
Passenger
aircraft/rail
Forbidden
50 kg ........
100 kg ......
Forbidden
50 kg ........
200 kg ......
100 kg ......
60 L ..........
220 L ........
50 kg ........
30 L ..........
200 kg ......
220 L ........
100 kg ......
220 L ........
60 L ..........
60 L ..........
200 kg ......
500 kg ......
Forbidden
60 L ..........
(9B)
Cargo aircraft only
(9) Quantity limitations
D ...............
C.
C.
C.
C.
A.
A.
B ...............
B ...............
A.
B ...............
C ...............
C ...............
C ...............
A.
C ...............
B ...............
A.
D.
D ...............
B.
(10A)
Location
12, 40, 48.
40.
40.
40.
40.
40.
40.
40.
40.
40.
(10B)
Other
(10) Vessel stowage
52108
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
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Nicotine compounds,
liquid, n.o.s. or Nicotine preparations, liquid, n.o.s.
Nickel carbonyl ...........
Neon, refrigerated liquid (cryogenic liquid).
Motor fuel anti-knock
mixtures.
Methyl orthosilicate .....
Methyl isothiocyanate
Methyl iodide ...............
Methyl bromide and
ethylene dibromide
mixtures, liquid.
Methoxymethyl
isocyanate.
E:\FR\FM\24AUP2.SGM
24AUP2
Nitrites, inorganic,
aqueous solution,
n.o.s.
Nitrites, inorganic,
n.o.s.
G ............
G ............
G ............
Nitrogen, refrigerated
liquid cryogenic liquid.
Nicotine compounds,
solid, n.o.s. or Nicotine preparations,
solid, n.o.s.
G ............
+ .............
+ .............
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
*
*
*
*
*
*
2.2
5.1
5.1
6.1
6.1
6.1
2.2
6.1
6.1
6.1
6.1
6.1
6.1
UN1977 ....
UN2627 ....
UN3219 ....
UN1665 ....
UN3144 ....
UN1259 ....
UN1913 ....
UN1649 ....
UN2606 ....
UN2477 ....
UN2644 ....
UN1647 ....
UN2605 ....
6.1 ............
6.1 ............
6.1 ............
6.1 ............
II ...............
III ..............
I ................
*
...................
*
2.2 ............
5.1 ............
5.1 ............
III ..............
II ...............
*
5.1 ............
III ..............
*
II ...............
6.1 ............
II ...............
*
6.1 ............
*
6.1, 3 ........
*
2.2 ............
*
6.1 ............
*
6.1, 3 ........
*
6.1, 3 ........
*
6.1 ............
*
6.1 ............
*
6.1, 3 ........
*
I ................
*
I ................
*
...................
*
I ................
*
I ................
*
I ................
*
I ................
*
I ................
*
I ................
*
345, 346, T75, TP5 .....
33, IB8, IP2, IP4, T3,
TP33.
IB2, T4, TP1 ...............
*
IB1, T4, TP1 ...............
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
IB2, T11, TP2, TP27 ...
IB3, T7, TP1, TP28 .....
IB7, IP1, T6, TP33 ......
*
A4 ................................
*
1 ..................................
*
T75, TP5 .....................
*
14, B9, B90, T14, TP2,
TP13.
*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.
*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.
*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.
*
2, B9, B14, B32, N65,
T20, TP2, TP13,
TP38, TP44.
*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.
*
320 ...........
152 ...........
152 ...........
*
152 ...........
153 ...........
153 ...........
153 ...........
153 ...........
None .........
*
None .........
*
None .........
*
320 ...........
*
None .........
*
None .........
*
None .........
*
None .........
*
None .........
*
None .........
316 ...........
212 ...........
203 ...........
202 ...........
213 ...........
212 ...........
202 ...........
203 ...........
201 ...........
201 ...........
198 ...........
316 ...........
201 ...........
227 ...........
227 ...........
227 ...........
227 ...........
226 ...........
*
318 ...........
None .........
241 ...........
*
242 ...........
240 ...........
242 ...........
243 ...........
241 ...........
242 ...........
*
243 ...........
*
None .........
*
None .........
*
244 ...........
*
244 ...........
*
244 ...........
*
244 ...........
*
244 ...........
*
244 ...........
*
50 kg ........
5 kg ..........
2.5 L .........
*
1 L ............
100 kg ......
25 kg ........
5 L ............
60 L ..........
5 kg ..........
*
1 L ............
*
Forbidden
*
50 kg ........
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
500 kg ......
25 kg ........
30 L ..........
5 L ............
200 kg ......
100 kg ......
60 L ..........
220 L ........
50 kg ........
30 L ..........
Forbidden
500 kg ......
30 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
D.
A ...............
B ...............
B ...............
A.
A.
B ...............
B ...............
B.
B ...............
D ...............
D.
D ...............
D ...............
D ...............
D ...............
D ...............
D ...............
46, 56, 58,
133.
46, 56, 58,
133.
46, 56, 58,
133.
40.
40.
40.
40, 78.
25, 40.
40.
40.
12, 40.
40.
40.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52109
Organometallic substance, liquid, waterreactive, flammable.
G ............
Jkt 220001
PO 00000
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E:\FR\FM\24AUP2.SGM
24AUP2
Organometallic substance, solid, waterreactive, flammable.
Organometallic substance, solid, waterreactive, self-heating.
G ............
G ............
Oxygen, compressed ..
Organometallic substance, solid, waterreactive.
Organometallic substance, solid,
pyrophoric.
Organometallic substance, solid,
pyrophoric, water-reactive.
Organometallic substance, solid, selfheating.
G ............
G ............
G ............
G ............
G ............
G ............
Organometallic substance, liquid,
pyrophoric.
Organometallic substance, liquid,
pyrophoric, water-reactive.
Organometallic substance, liquid, waterreactive.
15:09 Aug 23, 2010
Nitrous oxide, refrigerated liquid.
(2)
Hazardous materials
descriptions and proper shipping names
G ............
VerDate Mar<15>2010
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
(3)
2.2
4.3
4.3
4.3
4.2
4.2
4.2
4.3
4.3
4.2
4.2
2.2
Hazard
class or
division
UN1072 ....
UN3397 ....
UN3396 ....
UN3395 ....
UN3400 ....
UN3393 ....
UN3391 ....
UN3399 ....
UN3398 ....
UN3394 ....
UN3392 ....
UN2201 ....
(4)
Identification numbers
4.3 ............
4.3 ............
4.2, 4.3 .....
*
4.2 ............
*
2.2, 5.1 .....
(6)
Label
codes
4.3 ............
4.3 ............
4.3, 4.1 .....
4.2 ............
4.3 ............
III ..............
I ................
II ...............
III ..............
*
2.2, 5.1 .....
4.3, 4.2 .....
4.3, 4.2 .....
II ...............
III ..............
I ................
*
...................
4.3, 4.1 .....
4.3, 4.1 .....
4.3, 4.2 .....
II ...............
III ..............
I ................
4.2 ............
4.2, 4.3 .....
4.2 ............
II ...............
I ................
I ................
4.3, 3 ........
4.3, 3 ........
II ...............
III ..............
4.3, 3 ........
I ................
4.3 ............
III ..............
*
110, A14 .....................
IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...
IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...
N40, T9, TP7, TP33,
TP36.
IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...
N40, T9, TP7, TP33,
TP36.
IB8, T1, TP33, TP36 ...
N40, T9, TP7,
TP33,TP36.
IB6, T3, TP33, TP36 ...
B11, T21, TP7, TP33,
TP36.
IB1, IP2, T7, TP2,
TP7, TP36.
IB2, IP4, T7, TP2,
TP7, TP36.
T21, TP7, TP33, TP36
IB1, T7, TP2, TP7,
TP36.
IB2, T7, TP2, TP7,
TP36.
T13, TP2, TP7, TP36
T13, TP2, TP7, TP36
B11, T21, TP2, TP7,
TP36.
*
B11, T21, TP2, TP7,
TP36.
*
B6, T75, TP5, TP22 ....
(7)
Special
provisions
(§ 172.102)
*
306 ...........
None .........
None .........
151 ...........
151 ...........
None .........
151 ...........
151 ...........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
None .........
*
None .........
*
None .........
(8A)
Exceptions
302 ...........
212 ...........
213 ...........
212 ...........
213 ...........
211 ...........
212 ...........
213 ...........
211 ...........
213 ...........
211 ...........
212 ...........
187 ...........
187 ...........
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
181 ...........
181 ...........
304 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
II ...............
I ................
I ................
*
I ................
*
...................
(5)
PG
§ 172.101
*
314, 315 ...
242 ...........
241 ...........
242 ...........
241 ...........
242 ...........
242 ...........
241 ...........
242 ...........
242 ...........
242 ...........
242 ...........
244 ...........
244 ...........
242 ...........
243 ...........
244 ...........
242 ...........
243 ...........
244 ...........
244 ...........
*
244 ...........
*
314, 315 ...
(8C)
Bulk
*
75 kg ........
15 kg ........
25 kg ........
15 kg ........
25 kg ........
Forbidden
15 kg ........
25 kg ........
Forbidden
25 kg ........
Forbidden
15 kg ........
Forbidden
Forbidden
5 L ............
1 L ............
Forbidden
5 L ............
1 L ............
Forbidden
Forbidden
*
Forbidden
*
Forbidden
(9A)
Passenger
aircraft/rail
150 kg ......
50 kg ........
100 kg ......
50 kg ........
100 kg ......
Forbidden
50 kg ........
100 kg ......
Forbidden
100 kg ......
Forbidden
50 kg ........
Forbidden
Forbidden
60 L ..........
5 L ............
1 L ............
60 L ..........
5 L ............
1 L ............
Forbidden
Forbidden
Forbidden
(9B)
Cargo aircraft only
(9) Quantity limitations
A.
E ...............
E ...............
E ...............
E ...............
E ...............
E ...............
E ...............
E ...............
C.
E ...............
C.
D ...............
D.
E ...............
D ...............
D ...............
E ...............
E ...............
E ...............
D ...............
D ...............
D ...............
(10A)
Location
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
40, 52.
78.
78.
40.
(10B)
Other
(10) Vessel stowage
52110
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00043
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
24AUP2
Pyrophoric liquid, inorganic, n.o.s.
Pyrophoric liquids, organic, n.o.s.
Selenates or Selenites
(2)
G ............
G ............
(1)
G ............
n-Propyl isocyanate ....
Powder, smokeless .....
Potassium nitrate ........
Polyester resin kit .......
Phosphorous
oxychloride.
Phenylmercuric compounds, n.o.s.
Phenyl mercaptan .......
Petroleum crude oil .....
Pentaerythrite
tetranitrate or Pentaerythritol tetranitrate
or PETN, with not
less than 7 percent
wax by mass.
Permanganates, inorganic, aqueous solution, n.o.s.
Permanganates, inorganic, n.o.s.
+ .............
+ .............
G ............
G ............
G ............
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
5.1
5.1
UN3269 ....
UN1810 ....
UN2026 ....
UN2337 ....
UN1267 ....
UN1486 ....
3
6.1
6.1
6.1
3
UN0411 ....
UN1482 ....
UN3214 ....
(3)
*
*
6.1
4.2
4.2
6.1
UN2630 ....
(4)
UN2845 ....
UN3194 ....
UN2482 ....
*
1.4C
*
UN0509 ....
5.1
*
*
*
*
*
*
1.1D
*
3 ...............
*
3 ...............
6.1 ............
III ..............
*
I ................
(5)
I ................
*
I ................
*
I ................
*
...................
*
III ..............
*
...................
*
6.1 ............
(6)
4.2 ............
*
4.2 ............
*
6.1, 3 ........
*
1.4C ..........
*
5.1 ............
*
3 ...............
*
6.1, 8 ........
6.1 ............
II ...............
*
I ................
6.1 ............
I ................
*
6.1, 3 ........
III ..............
*
I ................
3 ...............
II ...............
*
I ................
*
1.1D ..........
5.1 ............
III ..............
*
II ...............
5.1 ............
*
5.1 ............
II ...............
*
II ...............
*
IB7, IP1, T6, TP33 ......
(7)
B11, T22, TP2, TP7 ....
*
.....................................
*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.
*
.....................................
*
A1, A29,IB8, IP3, T1,
TP33, W1.
*
40, 149 ........................
*
2, B9, B14, B32, B77,
N34, T20, TP2,
TP13, TP38, TP45.
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
*
2, B9, B14, B32, B77,
T20, TP2, TP13,
TP38, TP45.
IB7, IP1, T6, TP33 ......
*
144, 357, T11, TP1,
TP8.
144, 357, IB2, T4,
TP1, TP8.
144, 357, B1, IB3, T2,
TP1.
*
120 ..............................
26, 353, A30, IB6, IP2,
T3, TP33.
26, 353, A30, IB8, IP3,
T1, TP33.
*
26, 353, IB2, T4, TP1
*
None .........
(8A)
None .........
*
None .........
*
None .........
*
None .........
*
152 ...........
*
165 ...........
*
None .........
153 ...........
153 ...........
None .........
*
None .........
150 ...........
150 ...........
*
150 ...........
*
None .........
152 ...........
152 ...........
*
152 ...........
211 ...........
(8B)
181 ...........
181 ...........
226 ...........
62 .............
213 ...........
165 ...........
227 ...........
213 ...........
212 ...........
211 ...........
227 ...........
203 ...........
202 ...........
201 ...........
62 .............
213 ...........
212 ...........
202 ...........
*
242 ...........
(8C)
244 ...........
*
244 ...........
*
244 ...........
*
None .........
*
240 ...........
*
None .........
*
244 ...........
240 ...........
242 ...........
242 ...........
*
244 ...........
242 ...........
242 ...........
*
243 ...........
*
None .........
240 ...........
242 ...........
*
242 ...........
*
5 kg ..........
(9A)
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
25 kg ........
*
5 kg ..........
*
Forbidden
100 kg ......
25 kg ........
5 kg ..........
*
Forbidden
60 L ..........
5 L ............
*
1 L ............
*
Forbidden
25 kg ........
5 kg ..........
*
1 L ............
50 kg ........
(9B)
Forbidden
Forbidden
Forbidden
75 kg ........
100 kg ......
5 kg ..........
Forbidden
200 kg ......
100 kg ......
50 kg ........
Forbidden
220 L ........
60 L ..........
30 L ..........
Forbidden
100 kg ......
25 kg ........
5 L ............
E.
(10A)
D ...............
D ...............
D ...............
09.
A.
B.
D ...............
A.
A.
A.
D ...............
A.
B.
E.
10.
D ...............
D ...............
D ...............
78.
78.
40.
40.
(10B)
40, 52.
56, 58,
138.
56, 58,
138.
56, 58,
133, 138.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52111
VerDate Mar<15>2010
(2)
Hazardous materials
descriptions and proper shipping names
15:09 Aug 23, 2010
Jkt 220001
PO 00000
Frm 00044
Fmt 4701
Sfmt 4702
E:\FR\FM\24AUP2.SGM
Thiophosgene .............
Tetranitromethane .......
Tellurium compound,
solid, n.o.s.
Sulfur chloride .............
Titanium tetrachloride
Vanadium compound,
solid, n.o.s.
+ .............
+ .............
G ............
+ .............
Sodium nitrate and potassium nitrate mixtures.
Sodium nitrate .............
Selenium compound,
solid, n.o.s.
G ............
G ............
Selenium compound,
liquid, n.o.s.
(1)
Symbols
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
+ .............
G ............
24AUP2
*
*
*
*
*
*
*
*
(3)
6.1
6.1
6.1
6.1
6.1
6.1
5.1
5.1
6.1
6.1
Hazard
class or
division
UN3285 ....
UN1838 ....
UN2474 ....
UN1510 ....
UN3284 ....
UN1834 ....
UN1499 ....
UN1498 ....
UN3283 ....
UN3440 ....
(4)
Identification numbers
6.1 ............
6.1 ............
II ...............
III ..............
6.1 ............
*
6.1 ............
*
6.1, 8 ........
5.1 ............
*
6.1 ............
6.1 ............
6.1 ............
II ...............
III ..............
*
6.1, 8 ........
*
6.1 ............
*
I ................
*
I ................
*
I ................
*
6.1, 5.1 .....
III ..............
*
I ................
6.1 ............
II ...............
*
I ................
*
I ................
III ..............
*
5.1 ............
6.1 ............
6.1 ............
6.1 ............
II ...............
III ..............
I ................
*
III ..............
*
6.1 ............
(6)
Label
codes
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
*
IB7, IP1, T6, TP33 ......
*
2, B7, B9, B14, B32,
B77, T20, TP2,
TP13, TP38, TP45.
*
2, B9, B14, B32, N33,
N34, T20, TP2,
TP13, TP38, TP45.
*
2, B32, T20, TP2,
TP13, TP38, TP44.
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
*
IB7, IP1, T6, TP33 ......
*
1, B6, B9, B10, B14,
B30, B77, N34, T22,
TP2, TP13, TP38,
TP44.
*
A1, A29, IB8, IP3, T1,
TP33, W1.
A1, A29, IB8, IP3, T1,
TP33, W1.
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......
IB2, T11, TP2, TP27 ...
IB3, T7, TP1, TP28 .....
IB7, IP1, T6, TP33 ......
*
T14, TP2, TP27 ..........
(7)
Special
provisions
(§ 172.102)
153 ...........
153 ...........
*
None .........
*
None .........
*
None .........
*
None .........
153 ...........
153 ...........
*
None .........
*
None .........
152 ...........
*
152 ...........
153 ...........
153 ...........
153 ...........
153 ...........
None .........
*
None .........
(8A)
Exceptions
213 ...........
212 ...........
201 ...........
227 ...........
227 ...........
227 ...........
213 ...........
212 ...........
201 ...........
226 ...........
213 ...........
213 ...........
213 ...........
212 ...........
202 ...........
203 ...........
201 ...........
201 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
HAZARDOUS MATERIALS TABLE—Continued
*
I ................
(5)
PG
§ 172.101
240 ...........
242 ...........
*
242 ...........
*
244 ...........
*
244 ...........
*
None .........
240 ...........
242 ...........
*
242 ...........
*
244 ...........
240 ...........
*
240 ...........
240 ...........
242 ...........
243 ...........
241 ...........
242 ...........
*
243 ...........
(8C)
Bulk
100 kg ......
25 kg ........
*
5 kg ..........
*
Forbidden
*
Forbidden
*
Forbidden
100 kg ......
25 kg ........
*
5 kg ..........
*
Forbidden
25 kg ........
*
25 kg ........
100 kg ......
25 kg ........
5 L ............
60 L ..........
5 kg ..........
*
1 L ............
(9A)
200 kg ......
100 kg ......
50 kg ........
Forbidden
Forbidden
Forbidden
200 kg ......
100 kg ......
50 kg ........
Forbidden
100 kg ......
100 kg ......
200 kg ......
100 kg ......
60 L ..........
220 L ........
50 kg ........
30 L ..........
(9B)
Cargo aircraft only
(9) Quantity limitations
Passenger
aircraft/rail
A.
B.
B.
D ...............
D ...............
D ...............
A.
B.
B.
D ...............
A.
A.
A.
B.
B.
A.
B.
B.
(10A)
Location
40.
40, 52.
40, 66.
40.
(10B)
Other
(10) Vessel stowage
52112
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VerDate Mar<15>2010
Zinc ammonium nitrite
Xenon, refrigerated liquid (cryogenic liquids).
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
5.1
2.2
UN1512 ....
UN2591 ....
*
*
II ...............
*
...................
*
*
5.1 ............
*
2.2 ............
*
*
IB8, IP4, T3, TP33 ......
*
T75, TP5 .....................
*
*
None .........
*
320 ...........
212 ...........
None .........
*
*
242 ...........
*
None .........
*
*
5 kg ..........
*
50 kg ........
25 kg ........
500 kg ......
E.
D.
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
15:09 Aug 23, 2010
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
*
*
*
*
*
9. In § 172.102, the following
amendments are made:
a. In paragraph (c)(1), Special
provisions 77 and 157 are removed;
Special provisions 15, 40, 78, 110, 134,
135, 149, 167 and 198 are revised; and
new Special provisions 340, 343, 345,
346, 347, 349, 350, 351, 352, 353, and
357 are added.
b. In paragraph (c)(2), Special
provision A59 is revised and new
Special provision A112 is added.
c. In paragraph (c)(4), Table 1—IB
Codes (IBC Codes) is revised.
d. In paragraph (c)(8), new Special
provision TP36 is added.
e. In paragraph (c)(9), new Special
provision W1 is added.
The revisions and additions read as
follows:
§ 172.102
*
Special provisions.
*
*
(c) * * *
(1) * * *
*
*
Code/Special Provisions
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
15 This entry applies to ‘‘Chemical
kits’’ and ‘‘First aid kits’’ containing one
or more compatible items of hazardous
materials in boxes, cases, etc. that, for
example, are used for medical,
analytical, diagnostic, testing, or repair
purposes. Kits that are carried on board
transport vehicles for first aid or
operating purposes are not subject to the
requirements of this subchapter.
*
*
*
*
*
40 Polyester resin kits consist of two
components: A base material (Class 3,
Packing Group II or III) and an activator
(organic peroxide), each separately
packed in an inner packaging. The
organic peroxide must be type D, E, or
F, not requiring temperature control.
The components may be placed in the
same outer packaging provided they
will not interact dangerously in the
event of leakage. The Packing Group
assigned will be II or III, according to
the classification criteria for Class 3,
applied to the base material.
Additionally, unless otherwise excepted
in this subchapter, polyester resin kits
must be packaged in specification
combination packagings based on the
performance level of the base material
contained within the kit.
*
*
*
*
*
78 This entry may not be used to
describe compressed air which contains
more than 23.5 percent oxygen.
Compressed air containing greater than
23.5 percent oxygen must be shipped
using the description ‘‘Compressed gas,
oxidizing, n.o.s., UN3156.’’
*
*
*
*
*
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
110 Fire extinguishers transported
under UN1044 and Oxygen, compressed
cylinders transported for emergency use
under UN1072 may include installed
actuating cartridges (cartridges, power
device of Division 1.4C or 1.4S), without
changing the classification of Division
2.2, provided the aggregate quantity of
deflagrating (propellant) explosives does
not exceed 3.2 grams per cylinder.
Oxygen cylinders with installed
actuating cartridges as prepared for
transportation must have an effective
means of preventing inadvertent
activation.
*
*
*
*
*
134 This entry only applies to
vehicles, machinery and equipment
powered by wet batteries, sodium
batteries, or lithium batteries that are
transported with these batteries
installed. Examples of such items are
electrically-powered cars, lawn mowers,
wheelchairs, and other mobility aids.
Self-propelled vehicles or equipment
that also contain an internal combustion
engine must be consigned under the
entry ‘‘Engine, internal combustion,
flammable gas powered’’ or ‘‘Engine,
internal combustion, flammable liquid
powered’’ or ‘‘Vehicle, flammable gas
powered’’ or ‘‘Vehicle, flammable liquid
powered),’’ as appropriate. These entries
include hybrid electric vehicles
powered by both an internal combustion
engine and batteries. Additionally, selfpropelled vehicles or equipment that
contain a fuel cell engine must be
consigned under the entries ‘‘Engine,
fuel cell, flammable gas powered’’ or
‘‘Engine, fuel cell, flammable liquid
powered’’ or ‘‘Vehicle, fuel cell,
flammable gas powered’’ or ‘‘Vehicle,
fuel cell, flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by a
fuel cell engine, an internal combustion
engine, and batteries.
135 Internal combustion engines
installed in a vehicle must be consigned
under the entries ‘‘Vehicle, flammable
gas powered’’ or ‘‘Vehicle, flammable
liquid powered,’’ as appropriate. These
entries include hybrid electric vehicles
powered by both an internal combustion
engine and wet, sodium or lithium
batteries installed. If a fuel cell engine
is installed in a vehicle, the vehicle
must be consigned using the entries
‘‘Vehicle, fuel cell, flammable gas
powered’’ or ‘‘Vehicle, fuel cell,
flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by a
fuel cell, an internal combustion engine,
and wet, sodium or lithium batteries
installed.
*
*
*
*
*
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149 Except for transportation by
aircraft, when transported as a limited
quantity or a consumer commodity, the
maximum net capacity specified in
§ 173.150(b)(2) of this subchapter for
inner packagings may be increased to 5
L (1.3 gallons).
*
*
*
*
*
167 These storage systems must
always be considered as containing
hydrogen. A metal hydride storage
system installed in or intended to be
installed in a vehicle or equipment or in
vehicle or equipment components must
be approved for transport by the
Associate Administrator. A copy of the
approval must accompany each
shipment.
*
*
*
*
*
198 Nitrocellulose solutions
containing not more than 20%
nitrocellulose may be transported as
paint, perfumery products, or printing
ink, as applicable, provided the
nitrocellulose contains no more 12.6%
nitrogen (by dry mass). See UN1210,
UN1263, UN1266, UN3066, UN3469,
and UN3470.
*
*
*
*
*
340 Except for nickel-metal hydride
button cells or nickel-metal hydride
cells or batteries packed with or
contained in equipment (which must be
transported in accordance with Special
provision 130 for the transport of
‘‘Batteries, dry, sealed, n.o.s.,’’ nickelmetal hydride batteries must be
prepared and packaged for transport in
a manner to prevent a dangerous
evolution of heat, short circuits, and
damage to terminals; and are subject to
the incident reporting in accordance
with § 171.16 of this subchapter if a fire,
violent rupture, explosion or dangerous
evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging
or personal safety to include charring of
packaging, melting of packaging,
scorching of packaging, or other
evidence) occurs as a direct result of a
nickel-metal hydride battery. When
loaded in a cargo transport unit in a
total quantity of 100 kg gross mass or
more, nickel-metal hydride batteries are
also subject to the shipping paper
requirements of Subpart C of this Part,
the manifest requirements of § 176.30 of
this subchapter, and the vessel stowage
requirements assigned to this entry in
Column (10) of the § 172.101 hazardous
materials table.
*
*
*
*
*
343 This entry must be used for
international transportation of
petroleum crude oil containing
hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil presents an inhalation
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hazard during the course of
transportation. For domestic
transportation, the entry ‘‘Petroleum
crude oil, UN1267’’ may be used
without consideration of a Division 6.1
subsidiary hazard classification.
However, bulk packagings used to
transport petroleum crude oil
domestically are required to be marked
in accordance with § 172.327 of this
Part.
345 Nitrogen, refrigerated liquid
cryogenic liquid, UN1977 transported in
open cryogenic receptacles with a
maximum capacity of 1 L are not subject
to the requirements of this subchapter.
The receptacles must be constructed
with glass double walls having the
space between the walls vacuum
insulated and each receptacle must be
transported in an outer packaging with
sufficient cushioning and absorbent
materials to protect the receptacle from
damage.
346 Nitrogen, refrigerated liquid
cryogenic liquid, UN1977 transported in
accordance with the requirements for
open cryogenic receptacles in § 173.320
are not subject to the requirements of
this subchapter. The receptacle must
contain no hazardous materials other
than the liquid nitrogen which must be
fully absorbed in a porous material in
the receptacle.
347 Effective April 1, 2011, for
transportation by aircraft this entry may
only be used if the results of Test series
6(d) of Part I of the UN Manual of Tests
and Criteria (IBR, see § 171.7 of this
subchapter) have demonstrated that any
hazardous effects from accidental
functioning are confined to within the
package. Effective January 1, 2014, for
transportation domestically by highway
or rail, this entry may only be used if
the results of Test series 6(d) of Part I
of the UN Manual of Tests and Criteria
(IBR, see § 171.7 of this subchapter)
have demonstrated that any hazardous
effects from accidental functioning are
confined to within the package.
*
*
*
*
*
349 Hypochlorite mixed with an
ammonium salt is forbidden for
transport. An aqueous solution of
hypochlorite (re: UN1791) is a Class 8
corrosive material.
350 Ammonium bromate,
ammonium bromate aqueous solutions,
and mixtures of a bromate with an
ammonium salt is forbidden for
transport.
351 Ammonium chlorate,
ammonium chlorate aqueous solutions,
and mixtures of a chlorate with an
ammonium salt is forbidden for
transport.
352 Ammonium chlorite,
ammonium chlorite aqueous solutions,
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
and mixtures of a chlorite with an
ammonium salt is forbidden for
transport.
353 Ammonium permanganate,
ammonium permanganate aqueous
solutions, and mixtures of a
permanganate with an ammonium salt
are forbidden for transport.
357 For international transportation,
petroleum crude oil containing
hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil can present an inhalation
hazard may not be transported under
this entry. Such crude oil must be
transported under the entry ‘‘Petroleum
sour crude oil, flammable, toxic,
UN3494.’’ For domestic transportation
in bulk packagings, consideration for
inclusion in Division 6.1 is not required.
However, bulk packagings in domestic
transportation that do emit hydrogen
sulfide in sufficient concentration that
vapors evolved from the crude oil can
present an inhalation hazard must be
marked as specified in § 172.327.
(2) * * *
A59 Glass inner packagings (such as
ampoules or capsules) intended only for
use in sterilization devices, when
containing less than 30 mL of ethylene
oxide per inner packaging with not
more than 300 mL per outer packaging,
may be transported in accordance with
§ 173.4a of this subchapter, irrespective
of § 173.4a(b) provided that:
a. After filling, each glass inner
packaging must be determined to be
leak-tight by placing the glass inner
packaging in a hot water bath at a
temperature and for a period of time
sufficient to ensure that an internal
pressure equal to the vapor pressure of
ethylene oxide at 55 ßC is achieved. Any
glass inner packaging showing evidence
of leakage, distortion or other defect
under this test must not be transported
under the terms of this special
provision;
b. In addition to the packaging
required in § 173.4a, each glass inner
packaging must be placed in a sealed
plastic bag compatible with ethylene
oxide and capable of containing the
contents in the event of breakage or
leakage of the glass inner packaging; and
c. Each glass inner packaging is
protected by a means of preventing
puncture of the plastic bag (e.g., sleeves
or cushioning) in the event of damage to
the packaging (e.g., by crushing).
*
*
*
*
*
A112 Notwithstanding the quantity
limits shown in Column (9A) and (9B)
for this entry, the following IBCs are
authorized for transportation aboard
passenger and cargo-only aircraft. Each
IBC may not exceed a maximum net
quantity of 1,000 kg:
PO 00000
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Sfmt 4702
52115
a. Metal: 11A, 11B, 11N, 21A, 21B and
21N
b. Rigid plastics: 11H1, 11H2, 21H1
and 21H2
c. Composite with plastic inner
receptacle: 11HZ1, 11HZ2, 21HZ1 and
21HZ2
d. Fiberboard: 11G
e. Wooden: 11C, 11D and 11F (with
inner liners)
f. Flexible: 13H2, 13H3, 13H4, 13H5,
13L2, 13L3, 13L4, 13M1 and 13M2
(flexible IBCs must be sift-proof and
water resistant or must be fitted with a
sift-proof and water resistant liner).
(4) * * *
TABLE 1—IB CODES (IBC CODES)
IBC
code
Authorized IBCs
IB1 ........
Authorized IBCs: Metal (31A, 31B
and 31N).
Additional Requirement: Only liquids with a vapor pressure less
than or equal to 110 kPa at 50
°C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F)
are authorized.
Authorized IBCs: Metal (31A, 31B
and 31N); Rigid plastics (31H1
and 31H2); Composite (31HZ1).
Additional Requirement: Only liquids with a vapor pressure less
than or equal to 110 kPa at 50
°C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F)
are authorized.
Authorized IBCs: Metal (31A, 31B
and 31N); Rigid plastics (31H1
and 31H2); Composite (31HZ1
and 31HA2, 31HB2, 31HN2,
31HD2 and 31HH2).
Additional Requirement: Only liquids with a vapor pressure less
than or equal to 110 kPa at 50
°C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F)
are authorized, except for
UN2672 (also see Special Provision IP8 in Table 2 for UN2672).
Authorized IBCs: Metal (11A, 11B,
11N, 21A, 21B and 21N).
Authorized IBCs: Metal (11A, 11B,
11N, 21A, 21B and 21N); Rigid
plastics (11H1, 11H2, 21H1,
21H2, 31H1 and 31H2); Composite (11HZ1, 21HZ1 and
31HZ1).
Authorized IBCs: Metal (11A, 11B,
11N, 21A, 21B and 21N); Rigid
plastics (11H1, 11H2, 21H1,
21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1,
21HZ2, 31HZ1 and 31HZ2).
Additional Requirement: Composite IBCs 11HZ2 and 21HZ2
may not be used when the hazardous materials being transported may become liquid during
transport.
IB2 ........
IB3 ........
IB4 ........
IB5 ........
IB6 ........
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
TABLE 1—IB CODES (IBC CODES)—
Continued
IBC
code
Authorized IBCs
IB7 ........
Authorized IBCs: Metal (11A, 11B,
11N, 21A, 21B and 21N); Rigid
plastics (11H1, 11H2, 21H1,
21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1,
21HZ2, 31HZ1 and 31HZ2);
Wooden (11C, 11D and 11F).
Additional Requirement: Liners of
wooden IBCs must be sift-proof.
Authorized IBCs: Metal (11A, 11B,
11N, 21A, 21B and 21N); Rigid
plastics (11H1, 11H2, 21H1,
21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1,
21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C,
11D and 11F); Flexible (13H1,
13H2, 13H3, 13H4, 13H5, 13L1,
13L2, 13L3, 13L4, 13M1 or
13M2).
IBCs are only authorized if approved by the Associate Administrator.
IB8 ........
IB9 ........
*
*
*
(8) * * *
*
*
Code/Special Provisions
*
*
*
*
*
TP36 Portable tanks may be
equipped with fusible elements in the
vapor space of the portable tank.
*
*
*
*
*
(9) * * *
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Applicability.
*
*
*
*
*
(b) * * *
(3) A limited quantity unless the
material is offered or intended for
transportation by air or vessel or is a
hazardous waste, a hazardous substance
or a marine pollutant, and, until
December 31, 2013, a limited quantity
that conforms to the ORM–D
reclassification and packaging
requirements of this subchapter in effect
on October 1, 2010 when offered for
transportation by highway or rail.
*
*
*
*
*
11. In § 172.203, paragraph (b) is
revised to read as follows:
§ 172.203 Additional description
requirements.
*
*
*
*
*
(b) Limited quantities. When a
shipping paper is required by this
subchapter, the description for a
material offered for transportation as
‘‘limited quantity,’’ as authorized by this
subchapter, must include the words
‘‘Limited Quantity’’ or ‘‘Ltd Qty’’
following the basic description.
*
*
*
*
*
12. In § 172.300, a new paragraph (c)
is added to read as follows:
Applicability.
*
W1 When offered for transportation
by vessel, this material is not subject to
the provisions of this subchapter. The
material must be accompanied by a
certificate from an accredited laboratory
stating that the product has been
15:09 Aug 23, 2010
§ 172.200
§ 172.300
Code/Special Provisions
VerDate Mar<15>2010
sampled and tested according to the UN
Manual of Tests and Criteria.
*
*
*
*
*
10. In § 172.200, paragraph (b)(3) is
revised to read as follows:
Jkt 220001
*
*
*
*
(c) Stocks of preprinted packagings
marked prior to the effective date of a
final rule may be continued in use, in
the manner previously authorized, until
depleted or for a one-year period,
subsequent to the effective date of the
marking amendment, whichever is less.
PO 00000
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13. In § 172.312, paragraph (c)(5) is
revised to read as follows:
§ 172.312 Liquid hazardous materials in
non-bulk packagings.
*
*
*
*
*
(c) * * *
(5) A non-bulk package with
hermetically sealed inner packagings
not exceeding 500 mL each.
*
*
*
*
*
14. Section 172.315 is revised to read
as follows:
§ 172.315
Limited quantities.
Except for transportation by aircraft or
as otherwise provided in this
subchapter, a package and, for
transportation by vessel, a cargo
transport unit (see § 176.2 of this
subchapter) containing a limited
quantity of hazardous materials is not
required to be marked with the proper
shipping name provided it is marked
with the square-on-point in accordance
with the following:
(a) The limited quantity marking must
be durable, legible and of a size relative
to the package as to be readily visible.
The marking must be applied on at least
one side or one end of the outer
packaging. The width of line forming
the square-on-point must be at least 2
mm and the minimum dimension on
each side must be 100 mm unless the
package size requires a reduced size
label that must be no less than 50 mm
on each side. When intended for
transportation by vessel, a cargo
transport unit must be suitably marked
on the exterior of the unit with an
identical mark except that it must have
minimum dimensions on each side of
250 mm. The top and bottom portions
of the square-on-point and the line
forming the diamond must be black and
the center white or of a suitable
contrasting background as follows:
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
52117
when conforming to Table 3 of
§ 173.27(f) of this subchapter or part 3;4
of the ICAO Technical Instructions and
labeled as appropriate. When intended
for transportation by aircraft, a limited
quantity package is to be marked as
follows:
(2) The limited quantity marking must
be durable, legible and of a size relative
to the package as to be readily visible.
The width of line forming the squareon-point must be at least 2 mm and the
minimum dimension on each side must
be 100 mm unless the package size
requires a reduced size label that must
be no less than 50 mm on each side. The
top and bottom portions of the squareon-point and the line forming the
diamond must be black and the center
white or of a suitable contrasting
background. The symbol ‘‘Y’’ must be
located in the center of the square-onpoint and be clearly visible. The
marking must be applied on at least one
side or one end of the outer packaging.
(c) The applicable package markings
required by this subpart (e.g., proper
shipping name, technical name, ‘‘RQ’’)
must be in association with the marking
required by paragraph (a) or (b) of this
section.
15. In § 172.316, paragraphs (a)(1) and
(a)(2) are revised to read as follows:
through 173.155, and 173.306 and the
applicable requirements in § 173.27.
(2) Until December 31, 2013, ORM–D
for an ORM–D other than as described
in paragraph (a)(1) of this section.
*
*
*
*
*
16. In § 172.322, paragraph (d)(2)(iii)
is added to read as follows:
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
(a) * * *
(1) Until December 31, 2013, ORM–D–
AIR for an ORM–D that is prepared for
air shipment and packaged in
accordance with §§ 173.63, 173.150
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Marine pollutants.
*
*
*
*
*
(d) * * *
(2) * * *
(iii) On a package of limited quantity
material marked in accordance with
§ 172.315 of this part.
*
*
*
*
*
E:\FR\FM\24AUP2.SGM
24AUP2
EP24AU10.001</GPH>
§ 172.316 Packagings containing materials
classed as ORM–D.
§ 172.322
EP24AU10.000</GPH>
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marked as prescribed in this paragraph
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
17. In § 172.324, in paragraph (b), the
words ‘‘or the identification number’’ are
removed and the words ‘‘and the limited
quantity marking’’ are added in their
place.
18. In § 172.326, in paragraph (a), a
second sentence is added to read as
follows:
§ 172.326
(b) Each side of the marking shown
must be at least 100 mm (3.9 inches).
20. In § 172.500, paragraph (b)(3) is
revised to read as follows:
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
*
*
*
*
*
(b) * * *
(3) Hazardous materials authorized by
this subchapter to be offered for
transportation as a limited quantity
when identified as such on a shipping
paper in accordance with § 172.203(b)
or when marked as such in accordance
with § 172.315.
*
*
*
*
*
21. In § 172.502, paragraph (b)(2) is
revised to read as follows:
§ 172.502 Prohibited and permissive
placarding.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
(b) * * *
(2) The restrictions of paragraph (a) of
this section do not apply to the display
of a Limited Quantity marking, a
BIOHAZARD marking, a ‘‘HOT’’
marking, a sour crude oil toxic hazard
marking, or an identification number on
a white square-on-point configuration in
accordance with §§ 172.323(c),
172.325(c), 172.327(a), or 172.336(b) of
this part, respectively.
*
*
*
*
*
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Jkt 220001
(a) Shipping name. * * * For
transportation by vessel, the minimum
height for a proper shipping name
marked on a portable tank is 65 mm.
*
*
*
*
*
19. Section 172.327 is added to read
as follows:
22. The authority citation for part 173
continues to read as follows:
§ 172.500 Applicability of placarding
requirements.
*
Portable tanks.
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
23. In § 173.4, paragraphs (a)
introductory text and (c) are revised and
a new paragraph (a)(1)(v) is added to
read as follows:
§ 173.4
rail.
Small quantities for highway and
(a) When transported domestically by
highway or rail in conformance with
this section, quantities of Division 2.2
(except aerosols and with no subsidiary
hazard), Class 3, Division 4.1, Division
4.2 (PG II and III), Division 4.3 (PG II
and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class
9 materials that also meet the definition
of one or more of these hazard classes,
are not subject to any other
requirements when—
(1) * * *
(v) Except for aerosols or a material
with a subsidiary hazard, a Division 2.2
material when contained in an inner
receptacle not exceeding a water
capacity of 30 mL (1.8 cubic inches) or
less.
*
*
*
*
*
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§ 172.327
marking.
Sour crude oil toxic hazard
(a) When sour crude oil transported in
a bulk packaging may release
concentrations of hydrogen sulfide gas
that pose a risk to persons in the
immediate vicinity (e.g., manhole,
loading head), except for the size, the
bulk packaging must be marked as
follows:
(c) Packages which contain a Class 2
(other than that authorized in paragraph
(a)(1)(v) of this section), Division 4.2
(PG I), or Division 4.3 (PG I) material
conforming to paragraphs (a)(1) through
(a)(10) of this section may be offered for
transportation or transported if
specifically approved by the Associate
Administrator.
*
*
*
*
*
24. In § 173.4a, paragraph (a)(4) is
added and paragraphs (b)(5) and (d)(3)
are revised to read as follows:
§ 173.4a
Excepted quantities.
(a) * * *
(4) Packagings for which retention of
liquid is a basic function must be
capable of withstanding without leakage
the pressure differential specified in
§ 173.27(c).
(b) * * *
(5) Division 5.2 materials only when
contained in a chemical kit, first aid kit
or a polyester resin kit;
*
*
*
*
*
(d) * * *
(3) For Division 5.2 material, 500 g
(1.1 pounds) for solids or 500 mL (0.1
gallons) for liquids.
*
*
*
*
*
25. In § 173.4b, paragraph (b) is added
to read as follows:
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§ 173.4b
De minimis exceptions.
*
*
*
*
*
(b) Non-infectious specimens, such as
specimens of mammals, birds,
amphibians, reptiles, fish, insects and
other invertebrates containing small
quantities of Ethanol (UN1170),
Formaldehyde solution, flammable
(UN1198), Alcohols, n.o.s. (UN1987)
and Isopropanol (UN1219) are not
subject to the requirements of this
subchapter provided the following
packaging, marking and documentation
provisions, as applicable, are met:
(1) The specimens are:
(i) Wrapped in a paper towel or
cheesecloth moistened with alcohol or
an alcohol solution and placed in a
plastic bag that is heat-sealed. Any free
liquid in the bag must not exceed 30
mL; or
(ii) Placed in vials or other rigid
containers with no more than 30 mL of
alcohol or alcohol solution. The
containers are placed in a plastic bag
that is heat-sealed;
(2) The bagged specimens are placed
in another plastic bag with sufficient
absorbent material to absorb the entire
liquid contents inside the primary
receptacle. The outer plastic bag is then
heat-sealed;
(3) The completed bag is placed in a
strong outer packaging with sufficient
cushioning material that conforms to
subpart B of part 173;
(4) The aggregate net quantity of
flammable liquid in one outer packaging
may not exceed 1 L; and
(5) The outer package must be legibly
marked ‘‘Scientific research specimens,
49 CFR 173.4b applies.’’
(6) Documentation. (i) For
transportation by highway or rail, no
shipping paper is required.
(ii) For transport by air, a shipping
paper is not required, except that, if a
document such as an air waybill
accompanies a shipment of specimens
containing hazardous materials
excepted under the terms of this section,
the document must include the
statement ‘‘Scientific research
specimens, 49 CFR 173.4b applies’’ and
the number of packages indicated.
(iii) For transport by vessel, a
shipping paper is not required;
however, the Dangerous Cargo Manifest
must include the statement ‘‘Scientific
research specimens, 49 CFR 173.4b
applies’’ and the number of packages
indicated. Vessel stowage is the same as
for hazardous materials in excepted
quantities.
(7) Training. Each person who offers
or transports excepted quantities of
hazardous materials must know about
the requirements of this section.
(8) Restrictions. For transportation by
aircraft, hazardous material packaged in
accordance with this special provision
may not be carried in checked or carryon passenger or crew member baggage.
26. In § 173.25, a new paragraph (a)(6)
is added to read as follows:
§ 173.25 Authorized packagings and
overpacks.
(a) * * *
(6) Where packages of limited
quantity materials are overpacked and,
until December 31, 2013, packages
bearing the ORM–D or ORM–D AIR
marking, must be marked ‘‘OVERPACK’’
unless all marking and labeling required
by this subchapter are visible. Where
packages of excepted quantities are
overpacked and all required markings
are not visible through the overpack,
they must be repeated on the overpack.
*
*
*
*
*
27. In § 173.27, paragraph (f)
introductory text is removed,
paragraphs (f)(1) and (2) and a new
Table 3 with notes 1 through 6 are
added, and a new paragraph (j) is added
to read as follows:
§ 173.27 General requirements for
transportation by aircraft.
*
*
*
*
*
(f) Combination packagings. (1) For
authorized materials and inner and
outer packaging quantity limits for
combination packages of excepted
quantities intended for transportation by
aircraft, see § 173.4a. Unless otherwise
specified in this part, or in Subpart C of
Part 171 of this subchapter, when
combination packagings are intended
for transportation aboard an aircraft,
inner packagings must conform to the
quantity limitations set forth in table 1
of this paragraph for transport aboard
passenger-carrying aircraft and table 2 of
this paragraph for transport aboard
cargo-only aircraft.
(2) Limited quantity. For excepted
quantities intended for transportation by
aircraft, see § 173.4a. Unless otherwise
specified in this part, or in Subpart C of
Part 171 of this subchapter, when a
limited quantity of authorized
hazardous material packaged in a
combination packaging is intended for
transportation aboard an aircraft, the
inner packagings must conform to the
quantity limitations set forth in table 3
of this paragraph and any applicable
notes following the table. Materials
must be eligible for transportation
aboard a passenger-carrying aircraft.
Materials not authorized as limited
quantity by aircraft are those in Packing
Group I, Class 1 and 7 material,
Divisions 2.1 (except Aerosols (UN1950)
and Receptacles, small (UN2037)
without subsidiary risk), 2.3, 4.1 (selfreactive), 4.2 (primary or subsidiary
risk), 4.3 (liquids), 5.2 (except when
contained in a Chemical or First aid kit
(UN3316) or Polyester resin kit
(UN3269) (Types D, E and F nontemperature controlled only)), Class 8
materials UN2794, UN2795, UN2803,
UN2809, 3028, and all Class 9 materials
except for UN1941, UN1990, UN2071,
UN3077,UN3082, UN3316. The tables
and notes are as follows:
*
*
*
*
*
TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING AND MATERIALS AUTHORIZED TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT
Maximum authorized net quantity of each inner packaging
Glass, earthenware or fiber inner
packagings
Metal or plastic inner packagings
Maximum authorized net
quantity of each
outer package
Class 1 ................
Class 2 ................
......................................................
......................................................
......................................................
......................................................
...........................
30 kg Gross ......
Class 3 ................
PG I .............................................
......................................................
...........................
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Hazard class or
division
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Notes
Forbidden.
Authorized materials: UN 1950
(Aerosols) in Divisions 2.1 and
2.2, and UN2037 (Receptacles, small) in Divisions 2.1
and 2.2 without subsidiary risk
only.
Forbidden.
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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING AND MATERIALS AUTHORIZED TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT—Continued
Maximum authorized net quantity of each inner packaging
Glass, earthenware or fiber inner
packagings
Metal or plastic inner packagings
Maximum authorized net
quantity of each
outer package
PG II: 0.5L ...................................
PG II: 0.5L ...................................
PG II: 1L* .........
PG III: 2.5L* ................................
*Corrosive subsidiary risk (e.g.,
UN2924)
or
toxic
(e.g.,
UN1992) is 1L.
PG III: 5.0L* ................................
*Corrosive subsidiary risk (e.g.,
UN2924)
or
toxic
(e.g.,
UN1992) is 1L.
PG III: 10L* ......
PG I .............................................
......................................................
...........................
PG II: 0.5 kg ................................
PG II: 0.5 kg ................................
PG II: 5 kg* .......
PG III: 1 kg ..................................
PG III: 1 kg ..................................
PG III: 10 kg* ....
......................................................
PG I .............................................
......................................................
......................................................
...........................
...........................
PG II: 0.5 kg ................................
PG II: 0.5 kg ................................
PG II: 5 kg* .......
PG III: 1 kg ..................................
PG III: 1 kg ..................................
PG III: 10 kg* ....
[Liquids] PG II: 0.1L ....................
[Liquids] PG II: 0.1L ....................
[Liquids] PG III: 0.5L ...................
[Liquids] PGIII: 0.5L ....................
[Solids] PG II: 0.5 kg ...................
[Solids] PG II: 0.5 kg ...................
[Liquids] PG II:
0.5L
[Liquids] PG III:
1.0L.
[Solids] PG II:
2.5 kg*.
[Solids] PG III: 1.0 kg ..................
[Solids] PG III: 1.0 kg ..................
[Solids] PG III:
10 kg*.
Division 5.2 .........
Liquids: 30 mL .............................
Solids: 100g
Liquids: 30 mL .............................
Solids: 100g
1 kg ..................
Division 6.1 .........
PG I .............................................
[Liquids] PG II: 0.1L ....................
......................................................
[Liquids] PG II: 0.1L ....................
...........................
[Liquids] PG II:
1.0L*.
[Liquids] PG III: 0.5L ...................
[Liquids] PGIII: 0.5L ....................
[Solids] PG II: 0.5 kg ...................
[Solids] PG II: 0.5 kg ...................
[Solids] PG III: 1.0 kg ..................
[Solids] PG III: 1.0 kg ..................
......................................................
PG I .............................................
......................................................
......................................................
[Liquids] PG III:
2.0L.
[Solids] PG II:
1.0 kg.
[Solids] PG III:
10 kg.
...........................
...........................
Hazard class or
division
Division 4.1 (Excluding selfreactives).
Division 4.2 .........
Division 4.3 (Solids only).
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Division 5.1 .........
Class 7 ................
Class 8 ................
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Notes
*Maximum net quantity per outer
package with corrosive subsidiary risk (e.g., UN2924,
UN3286) is 0.5L. For Class 3
materials contained in a ‘‘Polyester resin kit’’ (UN3269), see
§ 173.165. For ‘‘Fuel cell cartridges containing flammable
liquids’’
(UN3473),
see
§ 173.230.
*Maximum net quantity per outer
package with corrosive subsidiary risk (e.g., UN2924) is
1L and toxic subsidiary risk
(e.g., UN1992) is 2L.
Forbidden.
*Maximum net quantity per outer
package with toxic subsidiary
risk (e.g., UN3179) is 1 kg.
*Maximum net quantity per outer
package with corrosive subsidiary risk (e.g., UN3180) is 5
kg.
Forbidden.
Forbidden.
*Maximum net quantity per outer
package with toxic subsidiary
risk (e.g., UN3134) is 1 kg.
*Maximum net quantity per outer
package with corrosive or flammable subsidiary risk (e.g.,
UN3131 or UN3132, respectively) is 5 kg.
*Maximum net quantity per outer
package with toxic subsidiary
risk (e.g., UN3087) is 1 kg.
*Maximum net quantity per outer
package with corrosive subsidiary risk (e.g., UN3085) is 1
kg.
Authorized materials: Types D, E
and F only authorized as part
of a Chemical or First Aid Kit
(UN3316) in accordance with
§ 173.161 or a Polyester Resin
Kit (UN3269) in accordance
with § 173.165.
Forbidden.
*Maximum net quantity per outer
package with corrosive subsidiary risk (e.g., UN3289) is
0.5L.
Forbidden (see § 173.421).
Forbidden.
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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING AND MATERIALS AUTHORIZED TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT—Continued
Maximum authorized net quantity of each inner packaging
Hazard class or
division
Maximum authorized net
quantity of each
outer package
Glass, earthenware or fiber inner
packagings
[Liquids] PG II: 0.1L ....................
[Liquids] PG II: 0.1L ....................
[Liquids] PG II:
0.5L.
[Liquids] PG III: 0.5L ...................
[Liquids] PGIII: 0.5L ....................
[Solids] PG II: 0.5 kg ...................
[Solids] PG II: 0.5 kg ...................
[Liquids] PG III:
1.0L.
[Solids] PG II:
5.0 kg*.
[Solids] PG III: 1.0 kg ..................
[Solids] PG III: 1.0 kg ..................
[Liquids]: 30 mL (UN3316); 5.0L
(UN1941, UN1990, UN3082).
[Solids]: 100g (UN3316); 5.0 kg
(UN2071, UN3077).
Class 9 ................
Metal or plastic inner packagings
[Liquids]: 30 mL (UN3316); 5.0L
(UN1941, UN1990, UN3082).
[Solids]: 100g (UN3316); 5.0 kg
(UN2071, UN3077).
[Solids] PG III:
5.0 kg.
1 kg (UN3316);
30 kg (all others).
Notes
For ‘‘Fuel cell cartridges containing corrosive substances’’
(UN3477), see § 173.230.
*Maximum net quantity per outer
package for UN2430 is 1.0 kg.
UN2794, UN2795, UN2803,
UN2809, UN3028 not authorized limited quantity.
Authorized materials: UN1941,
UN1990, UN2071, UN3077,
UN3082, and UN3316 only.
Additionally, ‘‘Consumer commodity (NA8000)’’ in accordance with § 173.167 and
‘‘Chemical kit’’ or ‘‘First aid kit’’
(UN3316), in accordance with
§ 173.161 are authorized.
Note 1: Effective January 1, 2012, packages must be marked with the limited quantity ‘‘Y’’ mark as prescribed in paragraph (j) of this section
when conforming to Table 3 of this paragraph or part 3;4 of the ICAO Technical Instructions and labeled as appropriate. Until December 31,
2013, a package may be marked with the proper shipping name ‘‘Consumer commodity’’ and ‘‘ORM–D–AIR’’ if a limited quantity and consumer
commodity, as authorized by this subchapter in effect on October 1, 2010.
Note 2: 30 kg gross weight maximum.
Note 3: Absorbent material is not required.
Note 4: Secondary means of closure required for all liquids contained in inner packagings. If this requirement cannot be satisfied, the use of
an intermediate and leakproof form of containment, such as a liner, may be used.
Note 5: Packages must be capable of passing a 1.2 m drop test and a 24-hour stack test.
Note 6: Except for UN3082, inner packagings of combination packagings containing liquids must be capable of passing the pressure differential test in paragraph (c) of this section.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
(j) Limited quantity marking. (1)
Effective January 1, 2012, packages of
limited quantities intended for
transportation by aircraft must be
marked as prescribed in this paragraph
when conforming to Table 3 of this
section or part 3;4 of the ICAO
Technical Instructions and labeled as
appropriate.
(2) Until December 31, 2013, a
package may be marked with the proper
shipping name ‘‘Consumer commodity’’
(see § 171.8) and reclassed as ‘‘ORM–D–
AIR’’ if it contains a properly packaged
limited quantity and consumer
commodity, as authorized by this
subchapter on October 1, 2010. A
limited quantity package that is also a
consumer commodity that is reclassed
ORM–D–AIR is to be marked as
prescribed in § 172.316.
28. In § 173.40, in paragraph (c)(1), a
new second sentence is added to read as
follows:
§ 173.40 General packaging requirements
for toxic materials packaged in cylinders.
*
*
*
(c) * * *
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*
*
15:09 Aug 23, 2010
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(1) * * * For UN pressure
receptacles, each valve must be capable
of withstanding the test pressure of the
pressure receptacle and be connected
directly to the pressure receptacle by
either a taper thread or other means
which meets the requirements of ISO
10692–2:2001.
*
*
*
*
*
29. In § 173.59, a new definition
‘‘Phlegmatized’’ is added in the
appropriate alphabetical sequence to
read as follows:
§ 173.59 Description of terms for
explosives.
*
*
*
*
*
Phlegmatized means that a substance
(or ‘‘phlegmatizer’’) has been added to an
explosive to enhance its safety in
handling and transport. The
phlegmatizer renders the explosive
insensitive, or less sensitive, to the
following actions: heat, shock, impact,
percussion or friction. Typical
phlegmatizing agents include, but are
not limited to: Wax, paper, water,
polymers (such as
chlorofluoropolymers), alcohol and oils
(such as petroleum jelly and paraffin).
*
*
*
*
*
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30. In § 173.63, paragraph (b) is
revised to read as follows:
§ 173.63
Packaging exceptions.
*
*
*
*
*
(b) Cartridges, small arms, and
cartridges power devices. (1)(i)
Cartridges, small arms, and Cartridges
power device (used to project fastening
devices), that have been classed as a
Division 1.4S explosive may be offered
for transportation and transported when
packaged in accordance with paragraph
(b)(2) of this section. For transportation
by aircraft, the package must conform to
the applicable requirements of § 173.27
and, effective April 1, 2011, Cartridge,
power devices must have successfully
been tested under the UN Test Series
6(d) to be reclassed as ORM–D–AIR
material. Effective January 1, 2012,
Cartridge, power devices must have
successfully been tested under the UN
Test Series 6(d) to be reclassed as ORM–
D material for transportation by
highway, rail or vessel. Packages must
be marked as prescribed in § 172.315.
Packages of such articles are not subject
to the shipping paper requirements of
subpart C of part 172 of this subchapter,
unless the material meets the definition
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of a hazardous substance, hazardous
waste, marine pollutant, or is offered for
transportation and transported by
aircraft or vessel. Additionally, packages
of such articles are excepted from the
requirements of subparts E (Labeling)
and F (Placarding) of part 172 of this
subchapter.
(ii) Until December 31, 2013, a
package may be marked with the proper
shipping name ‘‘Cartridges, small arms,
and Cartridges power device’’ and
reclassed as ‘‘ORM–D’’ or ‘‘ORM–D–AIR’’
material if it contains properly packaged
articles as authorized by this subchapter
on October 1, 2010. Additionally, for
transportation by aircraft, Cartridge,
power devices must have successfully
been tested under the UN Test Series
6(d) to be reclassed as ORM–D–AIR
material effective April 1, 2011.
(iii) Cartridges, small arms and power
devices that may be shipped as a limited
quantity material are as follows:
(A) Ammunition for rifle, pistol or
shotgun;
(B) Ammunition with inert projectiles
or blank ammunition;
(C) Ammunition having no tear gas,
incendiary, or detonating explosive
projectiles;
(D) Ammunition not exceeding 12.7
mm (50 caliber or 0.5 inch) for rifle or
pistol, cartridges or 8 gauge for
shotshells; and
(E) Cartridges, power devices which
are used to project fastening devices.
(2) Packaging for Cartridges, small
arms, and eligible Cartridges, power
devices as an ORM–D or ORM–D–AIR
material must be as follows:
(i) Ammunition must be packed in
inside boxes, or in partitions which fit
snugly in the outside packaging, or in
metal clips;
(ii) Primers must be protected from
accidental initiation;
(iii) Inside boxes, partitions or metal
clips must be packed in securely-closed
strong outside packagings;
(iv) Maximum gross weight is limited
to 30 kg (66 pounds) per package; and
(v) Cartridges, power devices which
are used to project fastening devices and
22 caliber rim-fire cartridges may be
packaged loose in strong outside
packagings.
*
*
*
*
*
31. In § 173.120, new paragraphs
(c)(1)(ii)(C), (c)(1)(ii)(D), (c)(1)(ii)(E),
(c)(1)(ii)(F), (c)(1)(ii)(G), and (c)(1)(ii)(H)
are added to read as follows:
§ 173.120
Class 3—Definitions.
*
*
*
*
*
(c) * * *
(1) * * *
(ii) * * *
(C) ISO 1516:2002 Determination of
flash/no flash—Closed cup equilibrium
method (IBR; see § 171.7 of this
subchapter);
(D) ISO 1523:2002 Determination of
flash point—Closed cup equilibrium
method (IBR; see § 171.7 of this
subchapter);
(E) ISO 2719:2002 Determination of
flash point—Pensky-Martens closed cup
method (IBR; see § 171.7 of this
subchapter);
(F) ISO 3679:2004 Determination of
flash point—Rapid equilibrium closed
cup method (IBR; see § 171.7 of this
subchapter);
(G) ISO 3680:2004 Determination of
flash/no flash—Rapid equilibrium
closed cup method (IBR; see § 171.7 of
this subchapter); or
(H) ISO 13736:2008 Determination of
flash point—Abel closed-cup method
(IBR; see § 171.7 of this subchapter).
*
*
*
*
*
32. In § 173.121, paragraph (a) is
revised to read as follows:
§ 173.121
group.
Class 3—Assignment of packing
(a)(1) The packing group of a Class 3
material is as assigned in column 5 of
the § 172.101 table. When the § 172.101
table provides more than one packing
group for a hazardous material, the
packing group must be determined by
applying the following criteria:
Flash point (closed-cup)
I ..................................
II .................................
III ................................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Packing group
.....................................................................................................................................................
<23 °C (73 °F) .................................................................................................................................
≥23 °C, ≤60 °C (≥73 °F, ≤140 °F) ..................................................................................................
(2) The initial boiling point of a Class
3 material may be determined by using
one of the following test methods:
(i) ASTM D86, Standard test method
for distillation of petroleum products at
atmospheric pressure (IBR; see § 171.7
of this subchapter);
(ii) ASTM D1078, Standard test
method for distillation range of volatile
organic liquids (IBR; see § 171.7 of this
subchapter);
(iii) ISO 3405, Petroleum products—
Determination of distillation
characteristics at atmospheric pressure
(IBR; see § 171.7 of this subchapter);
(iv) ISO 3924, Petroleum products—
Determination of boiling range
distribution—Gas chromatography
method (IBR; see § 171.7 of this
subchapter); or
(v) ISO 4626, Volatile organic
liquids—Determination of boiling range
of organic solvents used as raw
materials (IBR; see § 171.7 of this
subchapter).
*
*
*
*
*
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Jkt 220001
Initial boiling point
≤35 °C (95 °F)
>35 °C (95 °F)
>35 °C (95 °F)
33. In § 173.124, paragraph (b)(2) is
revised to read as follows:
a third and fourth sentence are added to
read as follows:
§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.
§ 173.137
group.
*
* * * When the § 172.101 Table
provides more than one packing group
for a Class 8 material, the packing group
must be determined using data obtained
from tests conducted in accordance with
the OECD Guideline for the Testing of
Chemicals, Number 435, ‘‘In Vitro
Membrane Barrier Test Method for Skin
Corrosion’’ (IBR, see § 171.7 of this
subchapter) or Number 404, ‘‘Acute
Dermal Irritation/Corrosion’’ (IBR, see
§ 171.7 of this subchapter). A material
that is determined not to be corrosive in
accordance with OECD Guideline for
the Testing of Chemicals, Number 430,
‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER)’’ or Number 431, ‘‘In Vitro
Skin Corrosion: Human Skin Model
Test’’ may be considered not to be
corrosive to human skin for the
*
*
*
*
(b) * * *
(2) A self-heating material. A selfheating material is a material that
through a process where the gradual
reaction of that substance with oxygen
(in air) generates heat. If the rate of heat
production exceeds the rate of heat loss,
then the temperature of the substance
will rise which, after an induction time,
may lead to self-ignition and
combustion. A material of this type
which exhibits spontaneous ignition or
if the temperature of the sample exceeds
200 °C (392 °F) during the 24-hour test
period when tested in accordance with
UN Manual of Tests and Criteria, is
classed as a Division 4.2 material.
*
*
*
*
*
34. In § 173.137, in the introductory
text, the second sentence is revised and
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E:\FR\FM\24AUP2.SGM
Class 8—Assignment of packing
24AUP2
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purposes of this subchapter without
further testing. The packing group
assignment using data obtained from
tests conducted in accordance with
OECD Guideline Number 404 must be as
follows:
*
*
*
*
*
35. Section 173.144 is revised to read
as follows:
§ 173.144 Other Regulated Materials
(ORM)—Definitions.
For the purpose of this subchapter,
‘‘ORM–D material’’ means a material or
article such as ‘‘Cartridges, small arms’’
or ‘‘Cartridges, power device,’’ which,
although otherwise subject to the
regulations of this subchapter, presents
a limited hazard during transportation
due to its form, quantity and packaging.
It must be a material or article for which
ORM–D exceptions are provided in the
section indicated in Column (8A) of the
§ 172.101 Hazardous Materials Table for
a specific material or article.
36. In § 173.150, paragraphs (b), (c)
and (d) are revised to read as follows:
§ 173.150 Exceptions for Class 3
(flammable and combustible liquids).
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
(b) Limited quantities of Class 3
materials. Limited quantities of
flammable liquids (Class 3) and
combustible liquids are excepted from
labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (c) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
(1) For flammable liquids in Packing
Group I, inner packagings not over 0.5
L (0.1 gallon) net capacity each, packed
in strong outer packagings;
(2) For flammable liquids in Packing
Group II, inner packagings not over 1.0
L (0.3 gallons) net capacity each, unless
the material has a subsidiary hazard of
Division 6.1, Packing Group II, in which
case the inner packagings may not
exceed 100 mL (3.38 ounces) net
capacity each, packed in a strong outer
packaging.
(3) For flammable liquids in Packing
Group III and combustible liquids, inner
packagings not over 5.0 L (1.3 gallons)
net capacity each, packed in strong
outer packagings.
(c) Until December 31, 2013, a limited
quantity which conforms to the
provisions of paragraph (b) of this
section that is also a ‘‘consumer
commodity’’ as defined in 171.8 of this
subchapter may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ORM–D material in accordance with
§ 172.316. Additionally, until December
31, 2013, an ORM–D material that is
prepared for air shipment and packaged
in accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. In addition,
packages of consumer commodities are
not subject to subpart F (Placarding) of
part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight.
(d) Alcoholic beverages. An alcoholic
beverage (wine and distilled spirits as
defined in 27 CFR 4.10 and 5.11) is not
subject to the requirements of this
subchapter if it—
(1) Contains 24 percent or less alcohol
by volume;
(2) For other than air or vessel
transportation, when contained in an
inner packaging of 5 L (1.3 gallons) or
less;
(3) For other than air transportation,
a Packing Group III alcoholic beverage
when contained in a packaging 250
liters (66 gallons) or less;
(4) For air transportation, a Packing
Group III alcoholic beverage when
PO 00000
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Fmt 4701
Sfmt 4702
52123
contained in a packaging of 5 L (1.3
gallons) or less; or
(5) For transportation aboard a
passenger-carrying aircraft in checked or
carry-on baggage, a Packing Group III
alcoholic beverage when contained in a
packaging of 5 L (1.3 gallons) or less and
conforming to § 175.10(a)(4) of this
subchapter.
*
*
*
*
*
37. In § 173.151, paragraphs (b), (c)
and (d) are revised to read as follows:
§ 173.151
Exceptions for Class 4.
*
*
*
*
*
(b) Limited quantities of Division 4.1
and Division 4.2 materials. Limited
quantities of flammable solids (Division
4.1) in Packing Group II and III and,
where authorized, charcoal briquettes
(Division 4.2) in Packing Group III, are
excepted from labeling requirements,
unless the material is offered for
transportation or transported by aircraft,
and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. Unless
otherwise specified in paragraph (c) of
this section, packages of limited
quantities intended for transportation by
aircraft must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(1) For flammable solids in Packing
Group II, inner packagings not over 1.0
kg (2.2 pounds) net capacity each,
unless the material has a subsidiary
hazard of Division 6.1, Packing Group II,
in which case the inner packagings may
not exceed 0.5 kg (1.1 pounds) net
capacity each, packed in a strong outer
packaging.
(2) For flammable solids in Packing
Group III, inner packagings not over 5.0
kg (11 pounds) net capacity each,
packed in a strong outer packaging.
(3) Until December 31, 2013, Charcoal
briquettes (NA1361) in Packing Group
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III when contained in packagings not
exceeding 25 kg net weight when
intended for transportation by
passenger-carrying aircraft, and 100 kg
net weight when intended for
transportation by cargo-only aircraft.
After December 31, 2013, Charcoal
briquettes (NA1361) may no longer be
offered for transportation or transported
by aircraft or vessel as a limited quantity
material. For transportation by highway
or rail, Charcoal briquettes (NA1361)
may be packaged as a limited quantity
in accordance with paragraph (b) of this
section in packagings not exceeding 30
kg gross weight and are eligible for the
exceptions provided in § 173.156.
(c) Until December 31, 2013, a limited
quantity package (including Charcoal
briquettes (NA1361)) which conforms to
the provisions of paragraph (b) of this
section that is also a ‘‘consumer
commodity,’’ as defined in 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ORM–D material in accordance with
§ 172.316. Additionally, until December
31, 2013, an ORM–D material (including
Charcoal briquettes (NA1361)) intended
for transportation by aircraft and is
packaged in accordance with § 173.27 in
effect on October 1, 2010, may be
renamed ‘‘Consumer commodity’’ and
reclassed and marked as ORM–D–AIR
material in accordance with § 172.316.
A consumer commodity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of consumer
commodities are not subject to subpart
F (Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
(d) Limited quantities of Division 4.3
materials. Limited quantities of Division
4.3 (dangerous when wet) solids in
Packing Group II and III are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (c) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
inner packaging quantity limits and
closure securement) of § 173.27.
Packages of Limited quantities of
Division 4.3 materials are not subject to
the shipping paper requirements of
subpart C of part 172 of this subchapter,
unless the material meets the definition
of a hazardous substance, hazardous
waste, marine pollutant, or is offered for
transportation and transported by
aircraft or vessel. In addition, shipments
of limited quantities are not subject to
subpart F (Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
The following combination packagings
are authorized:
(1) For Division 4.3 solids in Packing
Group II, inner packagings not over 0.5
kg (1.1 pound) net capacity each,
packed in strong outer packagings; and
(2) For Division 4.3 solids in Packing
Group III, inner packagings not over 1
kg (2.2 pounds) net capacity each,
packed in strong outer packagings.
38. In § 173.152, paragraphs (b) and
(c) are revised to read as follows:
§ 173.152 Exceptions for Division 5.1
(oxidizers) and Division 5.2 (organic
peroxides).
*
*
*
*
*
(b) Limited quantities of Division 5.1
and Division 5.2 materials. Limited
quantities of oxidizers (Division 5.1) in
Packing Group II and III and organic
peroxides (Division 5.2) are excepted
from labeling requirements unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (c) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
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Fmt 4701
Sfmt 4702
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(1) For oxidizers in Packing Group II,
inner packagings not over 1.0 L (0.3
gallon) net capacity each for liquids or
not over 1.0 kg (2.2 pounds) net capacity
each for solids, unless the material has
a subsidiary hazard of Division 6.1,
Packing Group II, in which case the
inner packagings may not exceed 100
mL (3.38 ounces) for liquids or 0.5 kg
(1.1 pounds) for solids, packed in a
strong outer packaging.
(2) For oxidizers in Packing Group III,
inner packagings not over 5 L (1.3
gallons) net capacity each for liquids or
not over 5.0 kg (11 lbs) net capacity each
for solids, and packed in strong outer
packagings.
(3) Organic peroxides which do not
require temperature control during
transportation—
(i) Except for transportation by
aircraft, Type B or C organic peroxides,
contained in inner packagings not over
25 mL (0.845 ounces) net capacity each
for liquids or 100 g (3.528 ounces) net
capacity for solids, packed in strong
outer packagings.
(ii) For Type D, E, or F organic
peroxides, inner packagings not over
125 mL (4.22 ounces) net capacity each
for liquids or 500 g (17.64 ounces) net
capacity for solids, packed in strong
outer packagings.
(c) Until December 31, 2013, a limited
quantity which conforms to the
provisions of paragraph (b) of this
section that is also a ‘‘consumer
commodity’’ as defined in 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ORM–D material in accordance with
§ 172.316. Additionally, until December
31, 2013, an ORM–D material that is
prepared for air shipment and packaged
in accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. In addition,
packages of consumer commodities are
not subject to subpart F (Placarding) of
part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
and may not exceed 30 kg (66 pounds)
gross weight.
39. In § 173.153, paragraphs (b) and
(c) are revised to read as follows:
§ 173.153 Exceptions for Division 6.1
(poisonous materials).
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
(b) Limited quantities of Division 6.1
materials. The exceptions in this
paragraph do not apply to poisoninhalation-hazard materials. Limited
quantities of poisonous materials
(Division 6.1) in Packing Group II and
III are excepted from labeling
requirements, unless the material is
offered for transportation or transported
by aircraft, and the specification
packaging requirements of this
subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (c) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(1) For poisonous materials in Packing
Group II, inner packagings not over 100
mL (3.38 ounces) each for liquids or 0.5
kg (1.1 pounds) each for solids, packed
in a strong outer packaging. Inner
packagings containing a liquid
poisonous material which is also a drug
or medicine in Packing Group II may be
increased to not over 250 mL (8 ounces)
each and packed in a strong outer
packaging.
(2) For poisonous materials in Packing
Group III, inner packagings not over 5
L (1.3 gallons) each for liquids or 5.0 kg
(11 pounds) each for solids, packed in
a strong outer packaging.
(c) Until December 31, 2013, a limited
quantity of poisonous material in
Packing Group III and a drug or
medicine in Packing Group II and III
which conforms to the provisions of
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
paragraph (b) of this section that is also
a ‘‘consumer commodity’’ as defined in
171.8 of this subchapter may be
renamed ‘‘Consumer commodity’’ and
reclassed and marked as ORM–D
material in accordance with § 172.316.
Additionally, until December 31, 2013,
an ORM–D material that is prepared for
air shipment and packaged in
accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. In addition,
packages of consumer commodities are
not subject to subpart F (Placarding) of
part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight.
40. In § 173.154, paragraphs (b) and
(c) are revised to read as follows:
§ 173.154 Exceptions for Class 8
(corrosive materials).
*
*
*
*
*
(b) Limited quantities of Class 8
materials. Limited quantities of
corrosive materials (Class 8) in Packing
Group II and III are excepted from
labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (c) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
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Sfmt 4702
52125
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(1) For corrosive materials in Packing
Group II, inner packagings not over 1.0
L (0.3 gallon) net capacity each for
liquids or not over 1.0 kg (2.2 pounds)
net capacity each for solids, unless the
material has a subsidiary hazard of
Division 6.1, Packing Group II in which
case the inner packagings may not
exceed 100 mL (3.38 ounces) for liquids
or 0.5 kg (1.1 pounds) for solids, packed
in a strong outer packaging.
(2) For corrosive materials in Packing
Group III, in inner packagings not over
5.0 L (1.3 gallons) net capacity each for
liquids, or not over 5.0 kg (11 lbs) net
capacity each for solids, and packed in
strong outer packagings.
(c) Until December 31, 2013, a limited
quantity of corrosive material in Packing
Group II and III which conforms to the
provisions of paragraph (b) of this
section that is also a ‘‘consumer
commodity,’’ as defined in 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ORM–D material in accordance with
§ 172.316. Additionally, until December
31, 2013, an ORM–D material that is
prepared for air shipment and packaged
in accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. In addition,
packages of consumer commodities are
not subject to subpart F (Placarding) of
part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight.
*
*
*
*
*
41. In § 173.155, paragraphs (b) and
(c) are revised to read as follows:
§ 173.155 Exceptions for Class 9
(miscellaneous hazardous materials).
*
*
*
*
*
(b) Limited quantities of Class 9
materials. Limited quantities of
miscellaneous hazardous materials
(Class 9) in Packing Group II and III are
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excepted from labeling requirements,
unless the material is offered for
transportation or transported by aircraft,
and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. Unless
otherwise specified in paragraph (c) of
this section, packages of limited
quantities intended for transportation by
aircraft must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156. In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(1) For miscellaneous materials in
Packing Group II, inner packagings not
over 1.0 L (0.3 gallon) net capacity each
for liquids, or not over 1.0 kg (2.2
pounds) net capacity each for solids,
packed in a strong outer packaging.
(2) For miscellaneous materials in
Packing Group III, in inner packagings
not over 5.0 L (1.3 gallons) net capacity
each for liquids, or not over 5.0 kg (11
lbs) net capacity each for solids, packed
in a strong outer packaging.
(c) Until December 31, 2013, a limited
quantity of miscellaneous material in
Packing Group II and III which
conforms to the provisions of paragraph
(b) of this section that is also a
‘‘consumer commodity,’’ as defined in
171.8 of this subchapter, may be
renamed ‘‘Consumer commodity’’ and
reclassed and marked as ORM–D
material in accordance with § 172.316.
Additionally, until December 31, 2013,
an ORM–D material that is prepared for
air shipment and packaged in
accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
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substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. In addition,
packages of consumer commodities are
not subject to subpart F (Placarding) of
part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight.
42. Section 173.156 is revised to read
as follows:
§ 173.156 Exceptions for limited quantity
and ORM.
(a) Exceptions for hazardous materials
shipments in the following paragraphs
are permitted only if this section is
referenced for the specific hazardous
material in the § 172.101 table or in a
packaging section in this part.
(b) Packagings for limited quantity
and ORM are specified according to
hazard class in §§ 173.150 through
173.155 and in § 173.306. In addition to
other exceptions provided for limited
quantity and ORM–D materials in this
part:
(1) Strong outer packagings as
specified in this part, marking
requirements specified in subpart D of
part 172 of this subchapter, and the 30
kg (66 pounds) gross weight limitation
are not required for packages of limited
quantity materials marked in
accordance with § 172.315, or, until
December 31, 2013, materials classed
and marked as ORM–D and described as
a Consumer commodity, as defined in
§ 171.8 of this subchapter, when—
(i) Unitized in cages, carts, boxes or
similar overpacks;
(ii) Offered for transportation or
transported by:
(A) Rail;
(B) Private or contract motor carrier;
or
(C) Common carrier in a vehicle under
exclusive use for such service; and
(iii) Transported to or from a
manufacturer, a distribution center, or a
retail outlet, or transported to a disposal
facility from one offeror.
(2) The 30 kg (66 pounds) gross
weight limitation does not apply to
packages of limited quantity materials
marked in accordance with § 172.315,
or, until December 31, 2013, materials
classed and marked as ORM–D and
described as a Consumer commodity, as
defined in § 171.8 of this subchapter,
when offered for transportation, or
transported, by highway or rail between
a manufacturer, a distribution center,
and a retail outlet provided—
(i) Inner packagings conform to the
quantity limits for inner packagings
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Sfmt 4702
specified in §§ 173.150(b), 173.152(b),
173.154(b), 173.155(b) and 173.306 (a)
and (b), as appropriate;
(ii) The inner packagings are packed
into corrugated fiberboard trays to
prevent them from moving freely;
(iii) The trays are placed in a
fiberboard box which is banded and
secured to a wooden pallet by metal,
fabric, or plastic straps, to form a single
palletized unit;
(iv) The package conforms to the
general packaging requirements of
subpart B of this part;
(v) The maximum net quantity of
hazardous material permitted on one
palletized unit is 250 kg (550 pounds);
and
(vi) The package is properly marked
in accordance with § 172.315 or, until
December 31, 2013, § 172.316 of this
subchapter.
43. Section 173.161 is revised to read
as follows:
§ 173.161
Chemical kits and first aid kits.
(a) Applicability. Chemical kits and
First aid kits contain one or more
compatible items of hazardous materials
in boxes, cases, etc. that, for example,
are used for medical, analytical,
diagnostic, testing, or repair purposes.
(b) Authorized materials. (1) The kits
may only contain hazardous materials
for which packaging exceptions are
provided in column 8(A) the § 172.101
Table of this subchapter. For
transportation by aircraft, the kits may
only contain quantities of hazardous
materials authorized as excepted
quantities in § 173.4a or as limited
quantities in § 173.27(f). Materials
forbidden for transportation by
passenger aircraft or cargo aircraft may
not be included in the kits.
(2) The packing group assigned to the
chemical kit and first aid kit as a whole
must be the most stringent packing
group assigned to any individual
substance in the kit and must be shown
on the shipping paper, if applicable, in
accordance with Subpart C of Part 172
of this subchapter.
(c) Packaging. Except for
transportation by aircraft or vessel,
chemical kits and first aid kits must be
packaged in combination packagings
conforming to the packaging
requirements of subpart B of this part.
For transportation by aircraft or vessel,
chemical kits and first aid kits must be
packaged in specification combination
packagings based on the performance
level of the most stringent packing
group of material contained within the
kit. For transportation by aircraft,
friction-type closures must be secured
by secondary means and inner
packagings intended to contain liquids
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must be capable of meeting the pressure
differential requirements prescribed in
§ 173.27(c). Inner and outer packaging
quantity limits for packages are as
follows:
(1) Except for liquids of Division 5.2
(organic peroxide), inner packagings
containing not more than 250 mL.
Except for transportation by aircraft, for
Division 5.2 (organic peroxide) liquids
of Type B and C, inner packagings
containing not more than 25 mL and for
Division 5.2 (organic peroxide) liquids
of Type D, E and F, inner packagings
containing not more than 125 mL. For
transportation by aircraft, for Division
5.2 (organic peroxide) liquids of Type D,
E and F (only), inner packagings
containing not more than 125 mL;
(2) Except for solids of Division 5.2
(organic peroxide) of Type B and C,
inner packagings containing not more
than 250 g. Except for transportation by
aircraft, for a Division 5.2 (organic
peroxide) solid of Type B and C, inner
packagings containing not more than
100 g. For transportation by aircraft, for
a Division 5.2 (organic peroxide) solid
of Type D, E and F (only), inner
packagings containing not more than
250 g;
(3) No more than 10 L or 10 kg of
hazardous material may be contained in
one outer package (excluding dry ice).
For transportation by aircraft, no more
than 1 L or 1 kg of hazardous material
may be contained in one kit (excluding
dry ice);
(4) Each package must conform to the
packaging requirements of subpart B of
this part and may not exceed 30 kg (66
pounds) gross weight;
(5) Except for Carbon dioxide, solid
(Dry ice), UN1845, no other hazardous
materials may be packed within the
same outer packaging as the kits. Dry ice
must be packaged in accordance with
§ 173.217 of this subchapter;
(6) The kits must include sufficient
absorbent material to completely absorb
the contents of any liquid hazardous
materials contained in the kits. The
contents must be separated, placed, or
packed, and closed with cushioning
material to protect them from damage;
and
(7) The contents of the kits must be
packed so there will be no possibility of
the mixture of contents causing
dangerous evolution of heat or gas.
(d) Exceptions. (1)(i) Chemical kits
and first aid kits are eligible for the
excepted quantity exceptions provided
in §§ 173.4 and 173.4a. For
transportation by aircraft, chemical kits
and first aid kits and are also eligible for
the limited quantity provisions
provided in § 173.27(f). For inner
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Jkt 220001
packaging quantity limits, see
§ 173.27(f), Table 3.
(ii) A package conforming to the
provisions of this section is not subject
to the shipping paper requirements of
subpart C of part 172 of this subchapter,
unless the material meets the definition
of a hazardous substance, hazardous
waste, marine pollutant, or is offered for
transportation and transported by
aircraft or vessel. Chemical kits and first
aid kits conforming to this section may
be marked as a limited quantity as
prescribed in § 172.315 and, if
applicable, are eligible for the
exceptions provided in § 173.156.
Additionally, chemical and first aid kits
conforming to this section are not
subject to part 174 (carriage by rail) or
part 177 (carriage by highway) of this
subchapter when marked in accordance
with § 172.315 of this subchapter.
(2) Consumer commodities. Until
December 31, 2013, a chemical kit or
first aid kit conforming to the provisions
of this section that is also a consumer
commodity (see § 171.8 of this
subchapter) may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ‘‘ORM–D’’ or ‘‘ORM–D–AIR’’ material
in accordance with § 172.316 of this
subchapter. Consumer commodities are
excepted from the specification
packaging requirements of this
subchapter and each completed package
must conform to Subpart B of this Part.
A consumer commodity package which
conforms to the provisions of this
paragraph is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156.
(3) Kits that are carried on board
transport vehicles for first aid or
operating purposes are not subject to the
requirements of this subchapter.
44. New § 173.165 is added to read as
follows:
§ 173.165
Polyester resin kits.
(a) Except for transportation by
aircraft, polyester resin kits consisting of
a base material component (Class 3,
Packing Group II or III) and an activator
component (Type D, E, or F organic
peroxide which does not require
temperature control)—
(1) The organic peroxide component
must be packed in inner packagings not
over 125 mL (4.22 ounces) net capacity
each for liquids or 500 g (17.64 ounces)
net capacity each for solids;
(2) The flammable liquid component
must be packed in inner packagings not
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52127
over 5 L (1.3 gallons) net capacity each
for Packing Group II or III liquid; and
(3) The flammable liquid component
and the organic peroxide component
may be packed in the same strong outer
packaging provided they will not
interact dangerously in the event of
leakage.
(b) For transportation by aircraft,
polyester resin kits consisting of a base
material component (Class 3, Packing
Group II or III) and an activator
component (Type D, E, or F organic
peroxide which does not require
temperature control)—
(1) The organic peroxide component
is limited to a quantity of 125 mL (4.22
ounces) per inner packaging if liquid,
and 500 g (1 pound) if solid. The base
material is limited to a quantity of 5 L
(1.3 gallons) in metal or plastic inner
packagings and 1 L (0.3 gallons) in glass
inner packagings;
(2) The components may be placed in
the same outer packaging provided they
will not interact dangerously in the
event of leakage;
(3) Packing group will be II or III,
according to the criteria for Class 3,
applied to the base material.
Additionally, unless otherwise excepted
in this subchapter, polyester resin kits
must be packaged in specification
combination packagings based on the
performance level required of the base
material (II or III) contained within the
kit;
(4) Closures must be secured by
secondary means;
(5) Inner packagings intended to
contain liquids must be capable of
meeting the pressure differential
requirements prescribed in § 173.27(c);
and
(6) Except as provided in paragraph
(b) of this section, exceptions for
polyester resin kits intended for
transportation by aircraft are provided
in §§ 173.4a (excepted quantities) and
173.27(f) (limited quantities).
(c) Consumer commodities. Until
December 31, 2013, a polyester resin kit
conforming to the provisions of this
section that is also a consumer
commodity (see § 171.8 of this
subchapter) may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ‘‘ORM–D’’ or ‘‘ORM–D–AIR’’ material
in accordance with § 172.316 of this
subchapter. Consumer commodities are
excepted from the specification
packaging requirements of this
subchapter and each completed package
must conform to subpart B of this part
173. A consumer commodity package
which conforms to the provisions of this
paragraph is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156.
45. New § 173.167 is added to read as
follows:
§ 173.167
Consumer commodities.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Consumer commodities (see § 171.8 of
this subchapter) when intended for
transportation by aircraft may only
include articles or substances of Class 2
(non-toxic aerosols only), Class 3
(Packing Group II and III only), Division
6.1 (Packing Group III only), UN3077,
UN3082, and UN3175 provided such
materials do not have a subsidiary risk
and are authorized aboard a passengercarrying aircraft. Friction-type closures
must be secured by secondary means.
Inner packagings intended to contain
liquids must be capable of meeting the
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15:09 Aug 23, 2010
Jkt 220001
pressure differential requirements
prescribed in § 173.27(c). Consumer
commodities are excepted from the
specification packaging requirements of
this subchapter and each completed
package must conform to subpart B of
part 173 of this subchapter. Packages of
consumer commodities must also be
capable of withstanding a 1.2 m drop on
solid concrete in the position most
likely to cause damage and a 24-hour
stack test. Inner and outer packaging
quantity limits for consumer
commodities are as follows:
(a) Non-toxic aerosols, as defined in
§ 171.8 and constructed in accordance
with § 173.306 of this subchapter, in
non-refillable, non-metal containers not
exceeding 120 mL (4 fluid ounces) each,
or in non-refillable metal containers not
exceeding 820 mL (28 ounces) each
except that flammable aerosols may not
exceed 500 mL (16.9 ounces) each;
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Fmt 4701
Sfmt 4702
(b) Liquids, in inner packagings not
exceeding 500 mL (16.9 ounces) each;
(c) Solids, in inner packagings not
exceeding 500 g (1.0 pounds) each; or
(d) Any combination thereof, placed
in an outer packaging not to exceed 30
kg (66 pounds) gross weight as prepared
for shipment.
46. In § 173.225:
a. In paragraph (c)(8), the Organic
Peroxide Table is amended by removing
and adding the following entries in the
appropriate order.
b. In paragraph (e), the Organic
Peroxide IBC Table is amended by
removing one entry and adding one
entry in the appropriate order.
§ 173.225 Packaging requirements and
other provisions for organic peroxides.
*
*
*
(c) * * *
(8) * * *
E:\FR\FM\24AUP2.SGM
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*
*
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Jkt 220001
*
*
*
UN3105 ...
*
UN3106 ...
Exempt ....
(2)
ID No.
*
UN3106 ...
Exempt ....
[Add]
*
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
*
Di-(2-tert-butylperoxyisopropyl) benzene(s) ..
Di-(2-tert-butylperoxyisopropyl) benzene(s) ..
[Remove]
(1)
Technical name
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
PO 00000
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*
*
2,5–Dimethyl-2,5-di-(tert-butylperoxy)hexane
2,5–Dimethyl-2,5-di-(tert-butylperoxy)hexane
*
*
UN3103 ...
UN3105 ...
*
Di-(tert-butylperoxyisopropyl) benzene(s) .....
Di-(tert-butylperoxyisopropyl) benzene(s) .....
>90–100
>52–90
>42–100
≤42
>52–100
>42–100
≤42
(3)
Concent.
(mass %)
*
*
*
*
*
*
....................
≥10
....................
....................
....................
....................
....................
(4a)
Diluent
(mass %)
A
*
*
....................
....................
*
....................
....................
*
*
....................
*
....................
....................
(4b)
Diluent
(mass %)
B
*
≤57
≥58
*
*
....................
....................
*
≤57
≥58
*
*
....................
(4c)
Diluent
(mass %)
I
ORGANIC PEROXIDE TABLE
....................
....................
....................
....................
....................
....................
....................
(5)
Water
(mass %)
*
*
OP5.
OP7.
*
OP7 .........
Exempt.
*
*
OP7.
*
OP7 .........
Exempt.
(6)
Packing
method
*
*
*
....................
*
*
*
....................
(7a)
Temp
control
....................
....................
(7b)
Temp
emergency
(8)
1, 9
1, 9
Notes
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
Sfmt 4702
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24AUP2
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52130
*
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
*
*
*
*
(e) * * *
ORGANIC PEROXIDE IBC TABLE
UN No.
Organic peroxide
Type of IBC
Maximum
quantity
(liters)
Control
temperature
Emergency
temperature
[Remove]
*
*
*
*
3109 .................................... ORGANIC PEROXIDE, TYPE F, LIQUID.
*
*
*
*
*
*
Peroxyacetic acid, stabilized, not more than 17% ..........
*
*
*
*
*
31H1
31HA1
31A
*
*
1500
1500
1500
*
*
*
*
*
*
*
*
3109 .................................... ORGANIC PEROXIDE, TYPE F, LIQUID.
*
*
*
*
*
*
*
[Add]
*
*
*
*
*
Peroxyacetic acid, stabilized, not more than 17% ..........
*
*
*
*
*
*
*
47. In § 173.230, paragraphs (g) and
(h) are revised to read as follows:
§ 173.230 Fuel cell cartridges containing
hazardous material.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
(g) Limited quantities. Limited
quantities of hazardous materials
contained in fuel cell cartridges are
excepted from the labeling
requirements, unless the cartridges are
offered for transportation or transported
by aircraft, and the placarding and
specification packaging requirements of
this subchapter when packaged
according to this section. Each package
must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. Except as authorized in
paragraph (h) of this section, a package
containing a limited quantity of fuel cell
cartridges must be marked as specified
in § 172.315 of this subchapter and, for
transportation by highway or rail, are
not subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, or marine
pollutant, and are eligible for the
exceptions provided in § 173.156.
Limited quantities of fuel cell cartridges
containing Division 2.1 (flammable gas)
or Division 4.3 (water-reactive) material
are not permitted for transportation by
aircraft. For transportation by highway,
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15:09 Aug 23, 2010
Jkt 220001
*
*
31A
31H1
31H2
31HA1
*
rail and vessel, the following
combination packagings are authorized:
(1) For flammable liquids, in fuel cell
cartridges containing not more than 1.0
L (0.3 gallon), packed in strong outer
packaging.
(2) For water-reactive substances
(Division 4.3 Dangerous when wet
material), in fuel cell cartridges
containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5
kg (1.1 pound) for solids, packed in
strong outer packaging.
(3) For corrosive materials, in fuel cell
cartridges containing not more than 1.0
L (0.3 gallon) for liquids or not more
than 1.0 kg (2.2 pounds) for solids
packed in strong outer packaging.
(4) For liquefied (compressed)
flammable gas, in fuel cell cartridges not
over 120 mL (4 fluid ounces) net
capacity each, packed in strong outer
packaging.
(5) For hydrogen in metal hydride, in
fuel cell cartridges not over 120 mL (4
fluid ounces) net capacity each, packed
in strong outer packaging.
(6) For transportation by aircraft, the
following combination packagings are
authorized:
(i) For flammable liquids, in fuel cell
cartridges containing not more than 0.5
L (16.9 fluid ounces), packed in strong
outer packaging. Additionally, each
package may contain no more than 2.5
kg (net mass) of fuel cell cartridges.
(ii) For corrosive materials, in fuel cell
cartridges containing not more than 200
mL (6.7 fluid ounces) for liquids or not
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Frm 00062
Fmt 4701
1500
1500
1500
1500
Sfmt 4702
more than 200 g (0.4 pounds) for solids
packed in strong outer packaging.
Additionally, each package may contain
no more than 2.5 kg (net mass) of fuel
cell cartridges.
(h) Consumer commodities. Except for
transportation by aircraft and until
December 31, 2013, a limited quantity
which conforms to the provisions of
paragraph (g) of this section and is also
a ‘‘consumer commodity’’ as defined in
§ 171.8 of this subchapter may be
renamed ‘‘Consumer commodity’’ and
reclassed as ORM–D. Shipments of
ORM–D materials are not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, and are eligible for the
exceptions provided in § 173.156.
48. In § 173.301b, paragraphs
(c)(2)(iii) and (e) are revised to read as
follows:
§ 173.301b Additional general
requirements for shipment of UN pressure
receptacles.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) By protecting the valves by
shrouds or guards conforming to the
requirements in ISO 11117. For metal
hydride storage systems, valve
protection in accordance with the
requirements in ISO 16111 (IBR; see
§ 171.7 of this subchapter);
*
*
*
*
*
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Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules
(e) Pyrophoric gases. A UN pressure
receptacle must have valve outlets
equipped with gas-tight plugs or caps
when used for pyrophoric or flammable
mixtures of gases containing more than
1% pyrophoric compounds. When these
pressure receptacles are manifolded in a
bundle, each of the pressure receptacles
must be equipped with an individual
valve that must be closed while in
transportation, and the outlet of the
manifold valve must be equipped with
a pressure retaining gas-tight plug or
cap. Gas-tight plugs or caps must have
threads that match those of the valve
outlets.
*
*
*
*
*
49. In § 173.306, paragraphs (h)(2), (i)
and (k) are revised to read as follows:
§ 173.306 Limited quantities of
compressed gases.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
*
*
*
*
*
(h) * * *
(2)(i) Except for transportation by
aircraft, special exceptions for shipment
of lighter refills in the ORM–D class are
provided in paragraph (i) of this section.
(ii) Exceptions. For highway
transportation, when no more than
1,500 lighter refills covered by this
paragraph are transported in one motor
vehicle, the requirements of subparts C
through H of part 172, and Part 177 of
this subchapter do not apply. Lighter
refills covered under this paragraph
must be packaged in rigid, strong outer
packagings meeting the general
packaging requirements of subpart B of
this part. Outer packagings must be
plainly and durably marked, on two
opposing sides or ends, with the word
‘‘LIGHTER REFILLS’’ and the number of
devices contained therein in letters
measuring at least 20 mm (0.79 in) in
height. No person may offer for
transportation or transport the lighter
refills or prepare the lighter refills for
shipment unless that person has been
specifically informed of the
requirements of this section.
(i)(1) A limited quantity of
compressed gas (Class 2) which conform
to the provisions of paragraph (a)(1),
(a)(3), (a)(5), (b) or, except for
transportation by aircraft, paragraph (h)
of this section are excepted from
labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Unless otherwise
specified in paragraph (i)(2) of this
section, packages of limited quantities
intended for transportation by aircraft
must conform to the applicable
requirements (e.g., authorized materials,
VerDate Mar<15>2010
15:09 Aug 23, 2010
Jkt 220001
inner packaging quantity limits and
closure securement) of § 173.27. A
limited quantity package which
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156.
Outside packagings conforming to this
paragraph are not required to be marked
‘‘INSIDE CONTAINERS COMPLY WITH
PRESCRIBED REGULATIONS.’’ In
addition, packages of limited quantities
are not subject to subpart F (Placarding)
of part 172 of this subchapter. Each
package must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. The following
combination packagings are authorized:
(2) Until December 31, 2013, a limited
quantity of compressed gas which
conforms to the provisions of
paragraphs (a)(1), (a)(3), (a)(5), (b) or (h)
of this section and is also a ‘‘consumer
commodity’’ as defined in 171.8 of this
subchapter in effect on October 1, 2010,
may be renamed ‘‘Consumer
commodity’’ and reclassed and marked
as ORM–D material in accordance with
§ 172.316. Additionally, until December
31, 2013, an ORM–D material that is
prepared for air shipment and packaged
in accordance with § 173.27 in effect on
October 1, 2010, may be renamed
‘‘Consumer commodity’’ and reclassed
and marked as ORM–D–AIR material in
accordance with § 172.316. A consumer
commodity package which conforms to
the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156. Outside
packagings conforming to this paragraph
are not required to be marked ‘‘INSIDE
CONTAINERS COMPLY WITH
PRESCRIBED REGULATIONS.’’ In
addition, packages of consumer
commodities are not subject to subpart
F (Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
*
*
*
*
*
(k) For additional exceptions, see
§ 173.307.
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50. In § 173.307, a new paragraph
(a)(6) is added to read as follows:
§ 173.307
gases.
Exceptions for compressed
(a) * * *
(6) Light bulbs provided they are
packaged so that the projectile effects of
any rupture of the bulb will be
contained within the package.
*
*
*
*
*
51. New § 173.311 is added to read as
follows:
§ 173.311
Metal hydride storage systems.
The following packing instruction is
applicable to transportable UN Metal
hydride storage systems (UN3468) with
pressure receptacles not exceeding 150
liters (40 gallons) in water capacity and
having a maximum developed pressure
not exceeding 25 MPa. Metal hydride
storage systems be designed,
constructed, initially inspected and
tested in accordance with ISO
16111:2008, Transportable gas storage
devices—Hydrogen absorbed in
reversible metal hydride (IBR, see
§ 171.7 of this subchapter) as authorized
under § 178.71(f) of this subchapter.
Steel pressure receptacles or composite
pressure receptacles with steel liners
must be marked in accordance with
§ 173.301b(f) which specifies that a steel
UN pressure receptacle bearing an ‘‘H’’
mark must be used for hydrogen bearing
gases or other gases that may cause
hydrogen embrittlement. Requalification
intervals must be no more than every
five years as specified in § 180.207 in
accordance with the requalification
procedures prescribed in ISO 16111.
52. In § 173.320, a new paragraph (d)
is added to read as follows:
§ 173.320
Cryogenic liquids; exceptions.
*
*
*
*
*
(d) For transportation aboard a vessel,
see the IMDG Code (IBR, see § 171.7 of
this subchapter), Packing Instruction
P203 and the packaging specifications
in part 6, chapter 6.2.
53. In 173.322, paragraph (e) is added
to read as follows:
§ 173.322
Ethyl chloride.
*
*
*
*
*
(e) In capsules under the following
conditions:
(1) The mass of gas must not exceed
150 g per capsule;
(2) The capsule must be free of faults
liable to impair its strength;
(3) The leakproofness integrity of the
closure must be maintained by a
secondary means (e.g., cap, crown, seal,
binding, etc.) capable of preventing any
leakage of the closure while in
transportation; and
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(4) The capsules must be placed in a
strong outer packaging suitable for its
contents and may not exceed a gross
mass of 75 kg.
PART 175—CARRIAGE BY AIRCRAFT
54. The authority citation for part 175
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.45 and 1.53.
55. In § 175.8, in paragraph (b)(3), the
first sentence is revised to read as
follows:
§ 175.8 Exceptions for operator equipment
and items of replacement.
*
*
*
*
*
(b) * * *
(3) Alcoholic beverages, perfumes,
colognes, and liquefied gas lighters
carried aboard a passenger-carrying
aircraft by the operator for use or sale
on that specific aircraft. * * *
*
*
*
*
*
56. Section 175.9 is revised to read as
follows:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
§ 175.9
Special aircraft operations.
(a) This subchapter applies to
rotorcraft external load operations
transporting hazardous material on
board, attached to, or suspended from
an aircraft. Additionally, operators must
have all applicable requirements
prescribed in 14 CFR part 133 approved
by the FAA Administrator prior to
accepting or transporting hazardous
material.
(b) Exceptions. This subchapter does
not apply to the following materials
used for special aircraft operations
when applicable FAA operator
requirements have been met, including
training operator personnel on the
proper handling and stowage of the
hazardous materials carried:
(1) Hazardous materials loaded and
carried in hoppers or tanks of aircraft
certificated for use in aerial seeding,
dusting spraying, fertilizing, crop
improvement, or pest control, to be
dispensed during such an operation.
(2) Parachute activation devices,
lighting equipment, oxygen cylinders,
flotation devices, smoke grenades,
flares, or similar devices carried during
a parachute operation.
(3) Smoke grenades, flares, and
pyrotechnic devices affixed to aircraft
during any flight conducted as part of a
scheduled air show or exhibition of
aeronautical skill. The aircraft may not
carry any persons other than required
flight crewmembers. The affixed
installation accommodating the smoke
grenades, flares, or pyrotechnic devices
on the aircraft must be approved for its
intended use by the FAA Flight
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15:09 Aug 23, 2010
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Standards District Office having
responsibility for that aircraft.
(4) Hazardous materials are carried
and used during dedicated air
ambulance, fire fighting, or search and
rescue operations.
(5) A transport incubator unit
necessary to protect life or an organ
preservation unit necessary to protect
human organs, carried in the aircraft
cabin, provided:
(i) The compressed gas used to
operate the unit is in an authorized DOT
specification cylinder and is marked,
labeled, filled, and maintained as
prescribed by this subchapter;
(ii) Each battery used is of the
nonspillable type;
(iii) The unit is constructed so valves,
fittings, and gauges are protected from
damage;
(iv) The pilot-in-command is advised
when the unit is on board, and when it
is intended for use;
(v) The unit is accompanied by a
person qualified to operate it;
(vi) The unit is secured in the aircraft
in a manner that does not restrict access
to or use of any required emergency or
regular exit or of the aisle in the
passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of
the unit is prohibited.
(6) Hazardous materials which are
loaded and carried on or in cargo only
aircraft, and which are to be dispensed
or expended during flight for weather
control, environmental restoration or
protection, forest preservation and
protection, fire fighting and prevention,
flood control, or avalanche control
purposes, when the following
requirements are met:
(i) Operations may not be conducted
over densely populated areas, in a
congested airway, or near any airport
where carrier passenger operations are
conducted.
(ii) Each operator must prepare and
keep current a manual containing
operational guidelines and handling
procedures, for the use and guidance of
flight, maintenance, and ground
personnel concerned in the dispensing
or expending of hazardous materials.
The manual must be approved by the
FAA Principal Operations Inspector
assigned to the operator.
(iii) No person other than a required
flight crewmember, FAA inspector, or
person necessary for handling or
dispensing the hazardous material may
be carried on the aircraft.
(iv) The operator of the aircraft must
have advance permission from the
owner of any airport to be used for the
dispensing or expending operation.
(v) When dynamite and blasting caps
are carried for avalanche control flights,
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the explosives must be handled by, and
at all times be under the control of, a
qualified blaster. When required by a
State or local authority, the blaster must
be licensed and the State or local
authority must be identified in writing
to the FAA Principal Operations
Inspector assigned to the operator.
57. In § 175.10:
a. Paragraphs (a)(17) and (18) are
redesignated as paragraphs (a)(18) and
(19) respectively.
b. New paragraph (a)(17) is added.
c. In newly designated paragraph
(a)(19), in the introductory text, the
words ‘‘and checked’’ are added between
the word ‘‘carry-on’’ and the word
‘‘baggage.’’
d. In newly designated paragraph
(a)(19) introductory text, after the phrase
‘‘fuel cell systems’’, the word ‘‘and’’ is
removed.
e. Newly designated paragraph
(a)(19)(iv) is revised.
f. In newly designated paragraph
(a)(19)(x), at the end of the sentence, the
period is replaced with a semicolon.
g. New paragraphs (a)(19)(xi) and (xii)
are added.
The revisions and additions read as
follows:
§ 175.10 Exceptions for passengers,
crewmembers, and air operators.
(a) * * *
(17) A wheelchair or other batterypowered mobility aid equipped with a
lithium-ion battery, when carried as
checked baggage, provided—
(i) The lithium-ion battery must be of
a type that successfully passed each test
in the UN Manual of Tests and Criteria
as specified in § 173.185, unless
approved by the Associate
Administrator;
(ii) Visual inspection including
removal of the battery, where necessary,
reveals no obvious defects (removal of
the battery from the housing should be
performed by qualified airline personnel
only);
(iii) Battery terminals must be
protected from short circuits (e.g., by
being enclosed within a battery
container) that is securely attached to
the mobility aid;
(iv) The pilot-in-command is advised,
either orally or in writing, prior to
departure, as to the location of the
wheelchair or mobility aid aboard the
aircraft; and
(v) The wheelchair or mobility aid is
loaded, stowed, secured and unloaded
in an upright position and in a manner
that prevents unintentional activation
and protects it from damage.
(vi) A lithium metal battery is
forbidden aboard a passenger-carrying
aircraft.
*
*
*
*
*
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(19) * * *
(iv) Fuel cells containing fuel are
permitted in carry-on baggage only;
* * *
(xi) Spare fuel cell cartridges
containing flammable liquids or
corrosive materials may be transported
in checked or carry-on baggage.
(xii) Spare fuel cell cartridges
containing liquefied flammable gas,
hydrogen in a metal hydride or water
reactive substances may only be
transported in carry-on baggage.
*
*
*
*
*
58. Section 175.25 is revised to read
as follows:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
§ 175.25 Notification at air passenger
facilities of hazardous materials
restrictions.
(a) Each person who engages in forhire air transportation of passengers
must display notices of the
requirements applicable to the carriage
of hazardous materials aboard aircraft,
and the penalties for failure to comply
with those requirements in accordance
with this section.
(b) Ticket purchase. An aircraft
operator must ensure that information
on the types of hazardous materials
specified in paragraph (d) of this section
which a passenger is permitted and
forbidden to transport aboard an aircraft
is provided at the point of ticket
purchase. During the purchase process,
regardless if the process is completed
remotely (e.g. via the Internet or phone)
or when completed at the airport, with
or without assistance from another
person (e.g. automated check-in
facility), the aircraft operator must
ensure that information on the types of
hazardous materials which a passenger
is forbidden to transport aboard an
aircraft is provided to passengers.
Information may be in text or in
pictorial form and, effective January 1,
2013, must be such that the final ticket
purchase cannot be completed until the
passenger, or a person acting on the
person’s behalf, has indicated that they
understand the restrictions on
hazardous materials in baggage.
(c) An aircraft operator must ensure
that information on the types of
hazardous materials which a passenger
is forbidden to transport aboard an
aircraft is provided during the flight
check-in process.
(1) Effective January 1, 2013, when
the flight check-in process is conducted
remotely (e.g. via the Internet or phone)
or when completed at the airport,
without assistance from another person
(e.g. automated check-in kiosk), the
aircraft operator must ensure that
information on the types of hazardous
materials which a passenger is
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forbidden to transport aboard an aircraft
is provided to passengers. Information
may be in text or in pictorial form and
should be such that the check in process
cannot be completed until the
passenger, or a person acting on the
person’s behalf, has indicated that they
understand the restrictions on
hazardous materials in baggage.
(2) When the check-in process is not
conducted remotely (e.g. at the airport
with the assistance of an airline
representative), passenger notification of
permitted and forbidden hazardous
materials may be completed through
signage (electronic or otherwise)
provided it is legible and prominently
displayed so it can be seen by
passengers in locations where the
aircraft operator issues tickets, checks
baggage, and maintains aircraft boarding
areas.
(d) An operator of passenger-carrying
aircraft should have information on
those hazardous materials which may be
carried by passengers in accordance
with § 175.10 available prior to the
check-in process (e.g., on their Web site)
or conveyed through other sources of
information.
59. In § 175.30, paragraph (e)(3) is
revised to read as follows:
§ 175.30
Inspecting shipments.
*
*
*
*
*
(e) * * *
(3) Has determined that the word
‘‘OVERPACK’’ appears on the outside of
the overpack when specification
packagings are prescribed or the
overpack contains packages of limited
quantities conforming to § 173.27.
60. Section 175.75 is revised to read
as follows:
§ 175.75 Quantity limitations and cargo
location.
(a) No person may carry on an aircraft
a hazardous material except as
permitted by this subchapter.
(b) Except as otherwise provided in
this subchapter, no person may carry a
hazardous material in the cabin of a
passenger-carrying aircraft or on the
flight deck of any aircraft, and the
hazardous material must be located in a
place that is inaccessible to persons
other than crew-members. Hazardous
materials may be carried in a main deck
cargo compartment of a passenger
aircraft provided that the compartment
is inaccessible to passengers and that it
meets all certification requirements for
a Class B aircraft cargo compartment in
14 CFR 25.857(b) or for a Class C aircraft
cargo compartment in 14 CFR 25.857(c).
A package bearing a KEEP AWAY
FROM HEAT handling marking must be
protected from direct sunshine and
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stored in a cool and ventilated place,
away from sources of heat.
(c) For each package containing a
hazardous material acceptable for
carriage aboard passenger-carrying
aircraft, no more than 25 kg (55 pounds)
net weight of hazardous material may be
loaded in an inaccessible manner. In
addition, an additional 75 kg (165
pounds) net weight of Division 2.2 (nonflammable compressed gas) may be
loaded in an inaccessible manner. The
requirements of this paragraph do not
apply to ORM–D–AIR materials or Class
9 materials, except that lithium
batteries, including lithium batteries
packed with or contained in equipment
may be loaded in an inaccessible
manner only if they are packaged in a
container approved by the FAA
Administrator for such use or carried in
a Class C cargo compartment.
(d) For the purposes of this section—
(1) Accessible means on passengercarrying or cargo-only aircraft each
package is loaded where a crew member
or other authorized person can access,
handle and when size and weight
permit, separate such packages from
other cargo during flight including a
freight container in an accessible cargo
compartment when packages are loaded
in an accessible manner. Additionally, a
package is considered accessible when
transported on a cargo-only aircraft if:
(i) In a cargo compartment certified by
FAA as a Class C aircraft cargo
compartment as defined in 14 CFR
25.857(c); or
(ii) In an FAA-certified freight
container that has an approved fire or
smoke detection system and fire
suppression system equivalent to that
required by the certification
requirements for a Class C aircraft cargo
compartment.
(2) Inaccessible means all other
configurations including a freight
container in an accessible compartment
when packages are loaded inaccessibly.
(e) For transport aboard cargo-only
aircraft, the requirements of paragraphs
(c) and (d) of this section do not apply
to the following hazardous materials:
(1) Class 3—Packing Group III (that do
not meet the definition of another
hazard class except CORROSIVE),
Division 6.1 ((primary) except those also
labeled FLAMMABLE LIQUID),
Division 6.2, Class 7, Class 9 except that
lithium batteries, including lithium
batteries packed with or contained in
equipment may be loaded in an
inaccessible manner only if they are
packaged in a container approved by the
FAA Administrator for such use or
carried in a Class C cargo compartment,
or ORM–D–AIR materials marked in
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accordance with § 172.316 of this
subchapter.
(2) Packages of hazardous materials
transported aboard a cargo aircraft,
when other means of transportation are
impracticable or not available, in
accordance with procedures approved
in writing by the FAA Regional or Field
Security Office in the region where the
operator is located.
(3) Packages of hazardous materials
carried on small, single pilot, cargo
aircraft if:
(i) No person is carried on the aircraft
other than the pilot, an FAA inspector,
the shipper or consignee of the material,
a representative of the shipper or
consignee so designated in writing, or a
person necessary for handling the
material;
(ii) The pilot is provided with written
instructions on the characteristics and
proper handling of the materials; and
(iii) Whenever a change of pilots
occurs while the material is on board,
the new pilot is briefed under a hand-
to-hand signature service provided by
the operator of the aircraft.
(f) At a minimum, quantity limits and
loading instructions in the following
quantity and loading table must be
followed to maintain acceptable
quantity and loading between packages
containing hazardous materials. The
quantity and loading table is as follows:
QUANTITY AND LOADING TABLE
Applicability
Forbidden
Quantity limitation: 25 kg net weight of
hazardous material plus 75 kg net
weight of Division 2.2 (non-flammable
compressed gas)
Passenger-carrying aircraft ....................
Cargo-only aircraft—Packages authorized aboard a passenger-carrying aircraft.
Cargo-only aircraft—Packages not authorized aboard a passenger-carrying
aircraft and displaying a Cargo Aircraft Only label.
Cargo Aircraft Only labeled packages
Not applicable ......................................
Inaccessible ..........................................
Inaccessible (See Note) .......................
Accessible.
Accessible.
Inaccessible (See Note) .......................
Not applicable ......................................
Accessible.
No limit
Note: The following materials are not subject to this loading restriction—
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except CORROSIVE).
b. Primary Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9 (except lithium batteries) or ORM–D–AIR materials marked in accordance with § 172.316.
61. In § 175.78, paragraph (c)(4)(iii) is
revised to read as follows:
§ 175.78
Stowage compatibility of cargo.
*
*
*
*
*
(c) * * *
(4) * * *
(iii) Except for Division 1.4B
explosives and as otherwise provided in
this note, explosives of different
compatibility groups may be stowed
together whether or not they belong to
the same division. Division 1.4B
explosives must not be stowed together
with any other explosive permitted
aboard aircraft except Division 1.4S
unless segregated as prescribed in
paragraph (iv) of this note.
*
*
*
*
*
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
PART 176—CARRIAGE BY VESSEL
62. The authority citation for part 176
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
63. In § 176.2, in the definition for
‘‘Cargo transport unit,’’ the first sentence
is revised to read as follows:
§ 176.2
*
*
Definitions.
*
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*
§ 176.76 Transport vehicles, freight
containers, and portable tanks containing
hazardous materials.
(a) * * *
(9) When security devices, beacons or
other tracking or monitoring equipment
are used, they must be securely installed
and must be of a certified safe type for
the hazardous materials that will be
carried within the freight container or
transport vehicle.
*
*
*
*
*
65. In § 176.84, in paragraph (b) Table
of provisions, Code Number ‘‘143’’ and
its corresponding provision are
removed.
66. Section 176.142 is removed and
reserved.
67. In Section 176.905, paragraphs
(a)(5) and (a)(6) are removed and
reserved.
PART 178—SPECIFICATIONS FOR
PACKAGINGS
68. The authority citation for part 178
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
*
15:09 Aug 23, 2010
Cargo transport unit means a
transport vehicle, a freight container, a
portable tank or a MEGC. * * *
*
*
*
*
*
64. In § 176.76, paragraph (a)(9) is
added to read as follows:
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69. Section 178.71 is revised to read
as follows:
§ 178.71 Specifications for UN pressure
receptacles.
(a) General. Each UN pressure
receptacle must meet the requirements
of this section. Requirements for
approval, qualification, maintenance,
and testing are contained in § 178.70
and subpart C of part 180 of this
subchapter.
(b) Definitions. The following
definitions apply for the purposes of
design and construction of UN pressure
receptacles under this subpart:
Alternative arrangement means an
approval granted by the Associate
Administrator for a MEGC that has been
designed, constructed or tested to the
technical requirements or testing
methods other than those specified for
UN pressure receptacles in part 178 or
part 180 of this subchapter.
Bundle of cylinders. See § 171.8 of
this subchapter.
Design type means a pressure
receptacle design as specified by a
particular pressure receptacle standard.
Design type approval means an
overall approval of the manufacturer’s
quality system and design type of each
pressure receptacle to be produced
within the manufacturer’s facility.
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UN tube. See § 171.8 of this
subchapter.
(c) General design and construction.
UN pressure receptacles and their
closures must be designed,
manufactured, tested and equipped in
accordance with the requirements
contained in this section.
(1) Following the final heat treatment,
all cylinders, except those selected for
batch testing, must be subjected to a
hydraulic volumetric expansion test.
(2) The standard requirements
applicable to UN pressure receptacles
may be varied only if approved in
writing by the Associate Administrator.
(3) The test pressure of UN cylinders,
tubes, and bundles of cylinders must
conform to the requirements in part 178
of this subchapter.
(d) Service equipment. (1) Except for
pressure relief devices, UN pressure
receptacle equipment, including valves,
piping, fittings, and other equipment
subjected to pressure must be designed
and constructed to withstand at least 1.5
times the test pressure of the pressure
receptacle.
(2) Service equipment must be
configured or designed to prevent
damage that could result in the release
of the pressure receptacle contents
during normal conditions of handling
and transport. Manifold piping leading
to shut-off valves must be sufficiently
flexible to protect the valves and the
piping from shearing or releasing the
pressure receptacle contents. The filling
and discharge valves and any protective
caps must be secured against
unintended opening. The valves must
conform to ISO 10297 (IBR, see § 171.7
of this subchapter) and be protected as
specified in § 173.301b(f) of this
subchapter.
(3) UN pressure receptacles that
cannot be handled manually or rolled,
must be equipped with devices (e.g.
skids, rings, straps) ensuring that they
can be safely handled by mechanical
means and so arranged as not to impair
the strength of, nor cause undue
stresses, in the pressure receptacle.
(4) Pressure receptacles filled by
volume must be equipped with a level
indicator.
(e) Bundles of cylinders. UN pressure
receptacles assembled in bundles must
be structurally supported and held
together as a unit and secured in a
manner that prevents movement in
relation to the structural assembly and
movement that would result in the
concentration of harmful local stresses.
The frame design must ensure stability
under normal operating conditions.
(1) The frame must securely retain all
the components of the bundle and must
protect them from damage during
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15:09 Aug 23, 2010
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conditions normally incident to
transportation. The method of cylinder
restraint must prevent any vertical or
horizontal movement or rotation of the
cylinder that could cause undue strain
on the manifold. The total assembly
must be able to withstand rough
handling, including being dropped or
overturned.
(2) The frame must include features
designed for the handling and
transportation of the bundle. The lifting
rings must be designed to withstand a
design load of 2 times the maximum
gross weight. Bundles with more than
one lifting ring must be designed such
that a minimum sling angle of 45
degrees to the horizontal can be
achieved during lifting using the lifting
rings. If four lifting rings are used, their
design must be strong enough to allow
the bundle to be lifted by two rings.
Where two or four lifting rings are used,
diametrically opposite lifting rings must
be aligned with each other to allow for
correct lifting using shackle pins. If the
bundle is filled with forklift pockets, it
must contain two forklift pockets on
each side from which it is to be lifted.
The forklift pockets must be positioned
symmetrically consistent with the
bundle center of gravity.
(3) The frame structural members
must be designed for a vertical load of
2 times the maximum gross weight of
the bundle. Design stress levels may not
exceed 0.9 times the yield strength of
the material.
(4) The frame must not contain any
protrusions from the exterior frame
structure that could cause a hazardous
condition.
(5) The frame design must prevent
collection of water or other debris that
would increase the tare weight of
bundles filled by weight.
(6) The floor of the bundle frame must
not buckle during normal operating
conditions and must allow for the
drainage of water and debris from
around the base of the cylinders.
(7) If the frame design includes
movable doors or covers, they must be
capable of being secured with latches or
other means that will not become
dislodged by operational impact loads.
Valves that need to be operated in
normal service or in an emergency must
be accessible.
(8) For bundles of cylinders, pressure
receptacle marking requirements only
apply to the individual cylinders of a
bundle and not to any assembly
structure.
(f) Design and construction
requirements for UN refillable welded
cylinders. In addition to the general
requirements of this section, UN
refillable welded cylinders must
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conform to the following ISO standards,
as applicable:
(1) ISO 4706: Gas cylinders—
Refillable welded steel cylinders—Test
pressure 60 bar and below (IBR, see
§ 171.7 of this subchapter).
(2) ISO 20703: Gas cylinders—
Refillable welded aluminum-alloy
cylinders—Design, construction and
testing (IBR, see § 171.7 of this
subchapter).
(3) ISO 18172–1: Gas cylinders—
Refillable welded stainless steel
cylinders—Part 1: Test pressure 6 MPa
and below (IBR, see § 171.7 of this
subchapter).
(g) Design and construction
requirements for UN refillable seamless
steel cylinders. In addition to the
general requirements of this section, UN
refillable seamless steel cylinders must
conform to the following ISO standards,
as applicable:
(1) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa. (IBR, see § 171.7 of this
subchapter).
(2) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1 100 MPa. (IBR, see
§ 171.7 of this subchapter).
(3) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders. (IBR, see
§ 171.7 of this subchapter).
(h) Design and construction
requirements for UN refillable seamless
aluminum alloy cylinders. In addition to
the general requirements of this section,
UN refillable seamless aluminum
cylinders must conform to ISO 7866:
Gas cylinders—Refillable seamless
aluminum alloy gas cylinders—Design,
construction and testing. (IBR, see
§ 171.7 of this subchapter). The use of
Aluminum alloy 6351–T6 or equivalent
is prohibited.
(i) Design and construction
requirements for UN non-refillable
metal cylinders. In addition to the
general requirements of this section, UN
non-refillable metal cylinders must
conform to ISO 11118: Gas cylinders—
Non-refillable metallic gas cylinders—
Specification and test methods. (IBR,
see § 171.7 of this subchapter.)
(j) Design and construction
requirements for UN refillable seamless
steel tubes. In addition to the general
requirements of this section, UN
refillable seamless steel tubes must
conform to ISO 11120: Gas cylinders—
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Refillable seamless steel tubes of water
capacity between 150 L and 3000 L—
Design, construction and testing. (IBR,
see § 171.7 of this subchapter).
(k) Design and construction
requirements for UN acetylene
cylinders. In addition to the general
requirements of this section, UN
acetylene cylinders must conform to the
following ISO standards, as applicable:
(1) For the cylinder shell:
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa.
(ii) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders.
(2) The porous mass in an acetylene
cylinder must conform to ISO 3807–2:
Cylinders for acetylene—Basic
requirements—Part 2: Cylinders with
fusible plugs. (IBR, see § 171.7 of this
subchapter).
(l) Design and construction
requirements for UN composite
cylinders. (1) In addition to the general
requirements of this section, UN
composite cylinders must be designed
for unlimited service life and conform to
the following ISO standards, as
applicable:
(i) ISO 11119–1: Gas cylinders of
composite construction—Specification
and test methods—Part 1: Hoopwrapped composite gas cylinders. (IBR,
see § 171.7 of this subchapter).
(ii) ISO 11119–2: Gas cylinders of
composite construction—Specification
and test methods—Part 2: Fullywrapped fibre reinforced composite gas
cylinders with load-sharing metal liners.
(IBR, see § 171.7 of this subchapter).
(iii) ISO 11119–3: Gas cylinders of
composite construction—Specification
and test methods—Part 3: Fully
wrapped fibre reinforced composite gas
cylinders with non-load sharing
metallic or non-metallic liners. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11119–2 and ISO 11119–3 gas
cylinders of composite construction
manufactured in accordance with the
requirements for underwater use must
bear the ‘‘UW’’ mark.
(m) Design and construction
requirements for UN metal hydride
storage systems. In addition to the
general requirements of this section,
metal hydride storage systems must
conform to the following ISO standards,
as applicable:
ISO 16111: Transportable gas storage
devices—Hydrogen absorbed in
reversible metal hydride (IBR, see
§ 171.7 of this subchapter).
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(n) Material compatibility. In addition
to the material requirements specified in
the UN pressure receptacle design and
construction ISO standards, and any
restrictions specified in part 173 for the
gases to be transported, the
requirements of the following standards
must be applied with respect to material
compatibility:
(1) ISO 11114–1: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 1: Metallic materials. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11114–2: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 2: Non-metallic materials. (IBR, see
§ 171.7 of this subchapter).
(o) Protection of closures. Closures
and their protection must conform to
the requirements in § 173.301(f) of this
subchapter.
(p) Marking of UN refillable pressure
receptacles. UN refillable pressure
receptacles must be marked clearly and
legibly. The required markings must be
permanently affixed by stamping,
engraving, or other equivalent method,
on the shoulder, top end or neck of the
pressure receptacle or on a permanently
affixed component of the pressure
receptacle, such as a welded collar.
Except for the ‘‘UN’’ mark, the minimum
size of the marks must be 5 mm for
pressure receptacles with a diameter
greater than or equal to 140 mm and 2.5
mm for pressure receptacles with a
diameter less than 140 mm. The
minimum size of the ‘‘UN’’ mark must be
5 mm for pressure receptacles with a
diameter less than 140 mm and 10 mm
for pressure receptacles with a diameter
of greater than or equal to 140 mm. The
depth of the markings must not create
harmful stress concentrations. A
refillable pressure receptacle
conforming to the UN standard must be
marked as follows:
(1) The UN packaging symbol.
(2) The ISO standard, for example ISO
9809–1, used for design, construction
and testing. Acetylene cylinders must be
marked to indicate the porous mass and
the steel shell, for example: ‘‘ISO 3807–
2/ISO 9809–1.’’
(3) The mark of the country where the
approval is granted. The letters ‘‘USA’’
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must be marked on UN pressure
receptacles approved by the United
States. The manufacturer must obtain an
approval number from the Associate
Administrator. The manufacturer
approval number must follow the
country of approval mark, separated by
a slash (for example, USA/MXXXX).
Pressure receptacles approved by more
than one national authority may contain
the mark of each country of approval,
separated by a comma.
(4) The identity mark or stamp of the
IIA.
(5) The date of the initial inspection,
the year (four digits) followed by the
month (two digits) separated by a slash,
for example ‘‘2006/04’’.
(6) The test pressure in bar, preceded
by the letters ‘‘PH’’ and followed by the
letters ‘‘BAR’’. The test pressure must be
obtained from the results of a hydraulic
volumetric expansion test.
(7) The rated charging pressure of the
metal hydride storage system in bar,
preceded by the letters ‘‘RCP’’ and
followed by the letters ‘‘BAR.’’
(8) The empty or tare weight. Except
for acetylene cylinders, empty weight is
the mass of the pressure receptacle in
kilograms, including all integral parts
(e.g., collar, neck ring, foot ring, etc.),
followed by the letters ‘‘KG’’. The empty
weight does not include the mass of the
valve, valve cap or valve guard or any
coating. The empty weight must be
expressed to three significant figures
rounded up to the last digit. For
cylinders of less than 1 kg, the empty
weight must be expressed to two
significant figures rounded down to the
last digit. For acetylene cylinders, the
tare weight must be marked on the
cylinders in kilograms (KG). The tare
weight is the sum of the empty weight,
mass of the valve, any coating and all
permanently attached parts (e.g. fittings
and accessories) that are not removed
during filling. The tare weight must be
expressed to two significant figures
rounded down to the last digit. The tare
weight does not include the cylinder
cap or any outlet cap or plug not
permanently attached to the cylinder.
(9) The minimum wall thickness of
the pressure receptacle in millimeters
followed by the letters ‘‘MM’’. This mark
is not required for pressure receptacles
with a water capacity less than or equal
to 1.0 L or for composite cylinders.
(10) For pressure receptacles intended
for the transport of compressed gases
and UN 1001 acetylene, dissolved, the
working pressure in bar, preceded by
the letters ‘‘PW’’.
(11) For liquefied gases, the water
capacity in liters expressed to three
significant digits rounded down to the
last digit, followed by the letter ‘‘L’’. If
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52137
(17) Stamp for nondestructive testing,
if applicable.
(18) Stamp for underwater use of
composite cylinders, if applicable.
(19) For metal hydride storage
systems having a limited life, the date
of expiration indicated by the word
‘‘FINAL,’’ followed by the year (four
digits), the month (two digits) and
separated by a slash.
(q) Marking sequence. The marking
required by paragraph (p) of this section
must be placed in three groups as
shown in the example below:
(1) The top grouping contains
manufacturing marks and must appear
consecutively in the sequence given in
paragraphs (p)(12) through (19) of this
section.
(2) The middle grouping contains
operational marks described in
paragraphs (p)(6) through (11) of this
section.
(3) The bottom grouping contains
certification marks and must appear
consecutively in the sequence given in
paragraphs (p)(1) through (5) of this
section.
(r) Other markings. Other markings
are allowed in areas other than the side
wall, provided they are made in low
stress areas and are not of a size and
depth that will create harmful stress
concentrations. Such marks must not
conflict with required marks.
(s) Marking of UN non-refillable
pressure receptacles. Unless otherwise
specified in this paragraph, each UN
non-refillable pressure receptacle must
be clearly and legibly marked as
prescribed in paragraph (p) of this
section. In addition, permanent
stenciling is authorized. Except when
stenciled, the marks must be on the
shoulder, top end or neck of the
pressure receptacle or on a permanently
affixed component of the pressure
receptacle, for example a welded collar.
(1) The marking requirements and
sequence listed in paragraphs (p)(1)
through (19) of this section are required,
except the markings in paragraphs
(p)(8), (9), (12) and (18) are not
applicable. The required serial number
marking in paragraph (p)(14) may be
replaced by the batch number.
(2) Each receptacle must be marked
with the words ‘‘DO NOT REFILL’’ in
letters of at least 5 mm in height.
(3) A non-refillable pressure
receptacle, because of its size, may
substitute the marking required by this
paragraph with a label. Reduction in
marking size is authorized only as
prescribed in ISO 7225, Gas cylinders—
Precautionary labels. (IBR, see § 171.7 of
this subchapter).
(4) Each non-refillable pressure
receptacle must also be legibly marked
by stenciling the following statement:
‘‘Federal law forbids transportation if
refilled-penalty up to $500,000 fine and
5 years in imprisonment (49 U.S.C.
5124).’’
(5) No person may mark a nonrefillable pressure receptacle as meeting
the requirements of this section unless
it was manufactured in conformance
with this section.
70. In § 178.347–1, paragraph (d)(9) is
revised to read as follows:
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§ 178.347–1
General requirements.
*
*
*
*
*
(d) * * *
(9) UW–12 in Section VIII of the
ASME Code does not apply to a weld
seam in a bulkhead that has not been
radiographically examined under the
following conditions:
(i) The strength of the weld seam is
assumed to be 0.85 of the strength of the
bulkhead.
(ii) The welded seam must be a full
penetration butt weld.
(iii) No more than one seam may be
used per bulkhead.
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the value of the minimum or nominal
water capacity is an integer, the digits
after the decimal point may be omitted.
(12) Identification of the cylinder
thread type (e.g., 25E).
(13) The country of manufacture. The
letters ‘‘USA’’ must be marked on
cylinders manufactured in the United
States.
(14) The serial number assigned by
the manufacturer.
(15) For steel pressure receptacles, the
letter ‘‘H’’ showing compatibility of the
steel, as specified in ISO 11114–1.
(16) Identification of aluminum alloy,
if applicable.
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(iv) The welded seam must be
completed before forming the dish
radius and knuckle radius.
(v) Compliance test: Two test
specimens of materials representative of
those to be used in the manufacture of
a cargo tank bulkhead must be tested to
failure in tension. The test specimen
must be of the same thickness and
joined by the same welding procedure.
The test specimens may represent all
the tanks that are made in the same
facility within 6 months after the tests
are completed. Before welding, the fitup of the joints on the test specimens
must represent production conditions
that would result in the least joint
strength. Evidence of joint fit-up and
test results must be retained at the
manufacturers’ facility for at least 5
years.
(vi) Acceptance criteria: The ratio of
the actual tensile stress at failure to the
actual tensile strength of the adjacent
material of all samples of a test lot must
be greater than 0.85.
71. In § 178.603, paragraph (f)(4) is
revised to read as follows:
§ 178.603
Drop test.
*
*
*
*
(f) * * *
(4) The packaging or outer packaging
of a composite or combination
packaging must not exhibit any damage
liable to affect safety during transport.
Inner receptacles, inner packagings, or
articles must remain completely within
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*
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the outer packaging and there must be
no leakage of the filling substance from
the inner receptacles or inner
packagings.
*
*
*
*
*
72. In § 178.703, paragraph (a)(1)(viii)
is revised to read as follows:
§ 178.703
Marking of IBCs.
(a) * * *
(1) * * *
(viii) The maximum permissible gross
mass, in kg.
*
*
*
*
*
73. In § 178.955, published February
2, 2010 (75 FR 5400), and effective
October 1, 2010, new paragraphs (c)(6)
and (c)(7) are added to read as follows:
§ 178.955
General requirements.
*
*
*
*
*
(c) * * *
(6) Remanufactured Large Packaging
is a metal or rigid Large Packaging that
is produced as a UN type from a nonUN type or is converted from one UN
design type to another UN design type.
Remanufactured Large Packagings are
subject to the same requirements of this
subchapter that apply to new Large
Packagings of the same type.
(7) Reused Large Packaging is a Large
Packaging intended to be refilled and
has been examined and found free of
defects affecting its ability to withstand
the performance tests. See also
§ 173.36(c) of this subchapter.
*
*
*
*
*
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PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
74. The authority citation for part 180
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
75. In § 180.207, in paragraph (c), in
Table 1, between the right-hand column
entries ‘‘Composite pressure receptacles’’
and ‘‘Pressure receptacles used for,’’ a
new entry ‘‘Metal hydride storage
systems’’ is added in the right-hand
column and the number’’5’’ is added for
the entry in the left-hand column.
76. In § 180.350, in paragraph (b), the
second sentence is revised to read as
follows:
§ 180.350
Applicability and definitions.
*
*
*
*
*
(b) * * * For the purposes of this
subchapter, the replacement of the rigid
inner receptacle of a composite IBC with
one from the original manufacturer is
considered repair. * * *
*
*
*
*
*
Issued in Washington, DC, on August 6,
2010, under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. 2010–19952 Filed 8–23–10; 8:45 am]
BILLING CODE 4910–60–P
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[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Proposed Rules]
[Pages 52070-52138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19952]
[[Page 52069]]
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Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air; Proposed Rule
Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 /
Proposed Rules
[[Page 52070]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180
[Docket Nos. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE45
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes made to the International Maritime
Dangerous Goods Code, the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, and the United Nations Recommendations on the Transport of
Dangerous Goods--Model Regulations.
DATES: Comments must be received by October 25, 2010.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2009-
0126 (HM-215K) or RIN 2137-AE45 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to https://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit https://www.regulations.gov.
Docket: You may view the public docket through the Internet at
https://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Michael Stevens, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. ANPRM
III. Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a final rule published December 21, 1990 (Docket HM-181; 55 FR
52402), the Research and Special Programs Administration (RSPA), the
predecessor agency to the Pipeline and Hazardous Materials Safety
Administration (PHMSA), comprehensively revised the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171 to 180) to harmonize U.S. hazardous
materials transportation requirements with the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations). The UN Model Regulations are not regulations, but rather
are recommendations issued by the UN Committee of Experts on the
Transport of Dangerous Goods (UNSCOE) and the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS). These Model
Regulations are amended and updated biennially by the UNSCOE and serve
as the basis for national, regional, and international modal
regulations, including the International Maritime Organization's
International Maritime Dangerous Goods Code (IMDG Code) and
International Civil Aviation Organization Technical Instructions (ICAO
TI) for the Transport of Dangerous Goods by Air.
Since publication of the 1990 rule, we have issued eight additional
international harmonization rules (Dockets HM-215A, 59 FR 67390; HM-
215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E,
68 FR 44992; HM-215G, 69 FR 76044; HM-215I, 71 FR 78595; and HM-215J,
74 FR 2200) based on the corresponding biennial updates of the UN Model
Regulations, the IMDG Code, and the ICAO TI.
To maintain alignment of the HMR with international requirements,
in this NPRM, we are proposing to incorporate changes based on the
Sixteenth revised edition of the UN Model Regulations, Amendment 35-10
to the IMDG Code, and the 2011-2012 ICAO TI, which becomes effective
January 1, 2011 (the IMDG Code is effective January 1, 2012).
Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards in order to promote safety or other overriding public
interest, but otherwise requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see 49 U.S.C. 5120). Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States and
becomes increasingly important as the volume of hazardous materials
transported in
[[Page 52071]]
international commerce grows. By facilitating compliance, harmonization
also tends to enhance safety for international movements, but only if
the international standards themselves provide an appropriate level of
safety. To that end, PHMSA actively participates in the development of
international standards for the transportation of hazardous materials,
frequently advocating the adoption in international standards of
particular HMR requirements.
When considering the adoption of international standards under the
HMR, we review and evaluate each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and without imposing undue burdens on the regulated public.
II. ANPRM
On October 21, 2009, PHMSA published an advance notice of proposed
rulemaking (ANPRM; 74 FR 53982) highlighting issues under consideration
for harmonization with international standards and requesting comments
as to whether the HMR should be amended to incorporate specific
international standards and the potential benefits and costs of doing
so. The following companies and organizations submitted comments in
response to the ANPRM:
(1) Institute of Makers of Explosives (IME; PHMSA-2009-0126-0003);
(2) United Parcel Service (UPS; PHMSA-2009-0126-0005);
(3) Sporting Arms and Ammunition Manufacturers' Institute (SAAMI;
PHMSA-2009-0126-0006);
(4) Dangerous Goods Advisory Council (DGAC; PHMSA-2009-0126-0007);
(5) Reusable Industrial Packaging Association (RIPA; PHMSA-2009-
0126-0008);
(6) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2009-0126-
0009);
(7) U.S. Fuel Cell Council (USFCC; PHMSA-2009-0126-0010);
(8) The Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA; PHMSA-2009-0126-0011);
(9) Federal Express (FedEx; PHMSA-2009-0126-0012);
(10) American Petroleum Institute (API; PHMSA-2009-0126-0013);
(11) American Coatings Association, Inc. (ACA; PHMSA-2009-0126-
0014);
(12) PPG Industries, Inc. (PPG; PHMSA-2009-0126-0016);
(13) E.I. DuPont de Nemours and Company (DuPont; PHMSA-2009-0126-
0018);
(14) The Alliance of Special Effects and Pyrotechnics Operators,
Inc. (ASEPO; PHMSA-2009-0126-0020).
Comments on specific harmonization issues are discussed below.
A. Classification of Sour Crude Oil
Transportation of sour crude oil may pose risks due to its inherent
potential of evolving hydrogen sulfide, a highly toxic and flammable
gas. Sour crude oil, commonly found in North America, contains a high
concentration of sulfur. The evolution of hydrogen sulfide vapors from
crude oil is dependent on temperature, packaging confinement, transport
conditions (e.g., sloshing), bacteria, and sulfur concentration, among
many other potential factors. Based on the risk of toxic vapors, the UN
Model Regulations were amended by assigning a new identification number
and shipping description for sour crude oil with a flammable primary
hazard and a toxic subsidiary hazard. Additionally, a new special
provision was added specifying the assignment of a Packing Group (PG)
based on the degree of danger presented by either the flammability or
toxicity hazard of the sour crude oil. For example, sour crude oil
meeting flammability criteria for Class 3, PG II, and toxicity criteria
for Division 6.1, PG I, poisonous-by-inhalation, would be classified as
a Class 3, PG I material.
In the ANPRM, PHMSA invited commenters to provide data and
information concerning the impact on domestic shippers and carriers if
these requirements are adopted in the HMR. The agency also asked for
comments addressing which hazard communication methods (e.g., package
markings, shipping papers) and/or packaging requirements are most cost-
effective for communicating the hazards and reducing the risks of
transporting sour crude oil.
We received two comments (API, DGAC) opposing adoption of the UN
amendments for the description and classification of sour crude oil
into the HMR. DGAC recommends against requiring domestic use of the new
proper shipping name for sour crude oil with a Division 6.1 subsidiary
risk and recommends that use be limited to international transport. The
DGAC states:
[T]he new [proper shipping name] would introduce
impracticalities into the collection and transport of crude oil * *
* Crude oil carriers, who currently use flammable liquid placards
displaying UN1267 and who typically use permanent shipping papers,
would now be required to assess the inhalation hazard of each crude
oil batch they transport and switch to other placards and shipping
papers based on their assessment. In addition, Sec. 173.244 would
suggest that some of these crude oils with a Division 6.1 subsidiary
risk would be required to be transported in higher integrity bulk
packagings. We consider this highly inappropriate. The concentration
of [hydrogen sulfide] in the liquid crude oil phase under
classification conditions will not predict the hydrogen sulfide
concentration in the headspace during transport. It is not possible
to use existing UN classification criteria for [D]ivision 6.1 in
classifying crude oils as inhalation hazard substances or assigning
the packing group. We also noted that classification on the basis of
the possible evolution of [hydrogen sulfide] vapors is unprecedented
and that there are other substances with the potential to evolve
hydrogen sulfide vapors * * * Exposure to high concentrations of
[hydrogen sulfide] is most likely when the cargo tank truck is
opened or when a tank is reloaded * * * The hazard is essentially a
workplace hazard. For purposes of the HMR, DGAC recommends limiting
the provisions to cargo tank truck [loading and unloading]
operations.
DGAC recommends that PHMSA require drivers engaged in the loading
and unloading of sour crude oil to wear a hydrogen sulfide monitoring
device and have respiratory protection accessible, and require warning
signs at the cargo tank manhole and area of operation.
In its comments, API recognizes that hydrogen sulfide is a hazard,
but suggests that classification of crude oil at the time of shipment
may not reflect the toxicity of hydrogen sulfide in the vapor space of
a cargo tank or other packaging after the crude oil has been in
transportation. API also notes that there are best industry practices
already in place. API states:
[C]reation of a new classification scheme with the addition of a
new [proper shipping name] for sour crude oil, and leaving the
current classification and [proper shipping name] for ``other''
crude oils, will increase risks at this time, DOT should not
harmonize the HMR with the new amendments in the UN Model
Regulations regarding classification of sour crude. Before changing
the HMR, criteria for sour crude should be defined and a valid test
methodology should be developed * * * the occurrence of hazardous
levels of [hydrogen sulfide] cannot be predicted from the liquid
state [of crude oil]. Safe transport of these materials * * * is
best accomplished through training, proper handling procedures,
monitoring, and use of proper personal protective equipment, and not
a separate identification number, shipping description, or packing
group for sour crude oils * * * Until an accurate and accepted
method for predicting [hydrogen sulfide] evolution [into the vapor
space of packaging] and a corresponding toxicity and
[[Page 52072]]
hazard during transport is available. * * * The U.S. government
should not propose adoption of the [UN] classification scheme in the
HMR.
API adds that the Occupational Safety and Health Administration
(OSHA) has requirements in place to communicate the hazards of hydrogen
sulfide in the workplace. API supports other means of hazard
communication to ensure that workers are aware of the hazards of
hydrogen sulfide such as a marking on a bulk packaging.
Currently, petroleum crude oil is listed as a Class 3 flammable
liquid in the Sec. 172.101 Hazardous Materials Table (HMT). PHMSA is
aware that, in some instances, petroleum crude oil may evolve hydrogen
sulfide gas, a toxic-by-inhalation material. When transported in bulk
packagings such as cargo tanks, the evolved hydrogen sulfide gas may
build up in the vapor space of the packaging, posing a potential risk,
in particular, during loading and unloading. The following table
illustrates the dangerous effects of hydrogen sulfide gas exposure to
humans:
Effects of Hydrogen Sulfide on Humans \1\
------------------------------------------------------------------------
Effect Concentration (ppm)
------------------------------------------------------------------------
Detectable odor................................ 0.2
Maximum allowable concentration for daily 8- 20
hour exposure.................................
Eye and respiratory irritation................. 50
Olfactory nerve paralysis...................... 150
Exposure may cause pulmonary edema............. 250
Systemic symptoms occur in \1/2\ hour.......... 500
Quickly unconscious; death without rescue...... 750
Rapid collapse; respiratory paralysis.......... 1,000
Immediate death................................ 5,000
------------------------------------------------------------------------
The agency agrees with the commenters that a new proper shipping
name is not necessary and that there are more cost-effective ways to
communicate the potential inhalation hazard risk to transport workers.
Therefore, in this NPRM, PHMSA proposes to include the new proper
shipping name in the UN Model Regulations--``Petroleum sour crude oil,
flammable, toxic''--with the letter ``I'' in Column (1) of the HMT
indicating that this description may be used for international
transportation. However, PHMSA is not proposing to require use of the
new proper shipping name for domestic transportation. Additionally,
PHMSA is proposing a new marking be applied to bulk packagings
containing sour crude in order to communicate the potential inhalation
risk in transportation. See Section 172.327 for a discussion of
proposed marking requirements.
---------------------------------------------------------------------------
\1\ References: Milby T. Baselt R. Hydrogen sulfide poisoning.
Clarification of some controversial issues. Am J Ind Med. 1999; 35:
192-195. Beauchamp R, Bus J, Popp J, Boreiko C, Andjelkovich D. A
critical review of the literature on hydrogen sulfide toxicity. CRC
Crit Rev Toxicol. 1984; 13:25-97. Deng J. Hydrogen sulfide. In:
Sullivan J, Kreiger G, eds. Hazardous Materials Toxicology: Clinical
Principles of Environmental Health. Baltimore: Williams and Wilkins;
1997: 711-717. National Institute for Occupational Safety and
Health. Criteria for a Recommended Standard for Occupational
Exposure to Hydrogen Sulfide. Washington, DC: U.S. Government
Printing Office; 1977: 23. DHEW (NIOSH) Publication No. 77-158.
---------------------------------------------------------------------------
B. Classification of Division 1.4S Explosives
For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441,
UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations
have been amended to require a Type 6(d) test to determine whether an
article may be assigned to Compatibility Group S. The test is performed
on a single package containing an explosive substance or explosive
article to determine if the package is capable of containing any
hazardous effects in the event of an accidental initiation or ignition
of its contents. The amendments include revisions to the explosives
testing standards in the UN Manual of Tests and Criteria and include a
new special provision that would allow the use of the above mentioned
identification numbers only if the results of test Type 6(d)
successfully demonstrate that any hazardous effects are confined within
a package. In the ANPRM, we invited commenters to provide data and
information concerning the possible safety impacts of the new test
provisions and compliance costs that would be incurred if the new test
is adopted in the HMR. In addition, we invited commenters to provide
suggestions or recommendations concerning whether to apply the test to
already-approved explosives.
We received several comments both supporting (COSTHA, DGAC, and
IME) and opposing (ASEPO and SAAMI) adoption of the Type 6(d) test to
determine whether a Division 1.4 explosive article may be assigned to
Compatibility Group S. All the commenters who addressed this issue
indicate that, if adopted, the test must be applied to previously-
approved articles in a manner that is reasonable and not overly broad.
A suggestion by both DGAC and IME is to allow the classification of
previously-approved explosive articles to be based on results of
testing of product groups by a PHMSA-approved laboratory or based on
results of self-testing and video documentation by the manufacturer.
Concerning compliance costs, IME states:
[D]epending upon the laboratory, the cost of performing the test
will range from $1,000 to $5,000 per article tested. This estimate
includes the cost of samples consumed in testing, the cost of
transporting those samples to the laboratory, and the cost of set
up, performance, and evaluation of the test. In the case of already
approved explosives, if self-testing is allowed, the cost per
article tested might be somewhat reduced. Also, the cost of the test
will be influenced by the extent to which testing is required * * *
If the current practice of family classifications is maintained,
where ``worst-case'' representative samples are allowed for
evaluation of groups of similar articles, the number of tests and
the cost of those tests will be reduced.
ASEPO and SAAMI oppose adoption of the Type 6(d) test. SAAMI
suggests that more research on the practical effect of this testing
requirement is necessary and that the lack of grandfathering criteria
for products already approved as Division 1.4S explosives (e.g., power
device cartridges) is impractical, expensive, and impedes commerce.
Concerning compliance costs, ASEPO states:
[O]ur organization has contacted all the authorized laboratories
regarding the cost of conducting the testing. While the ``several
thousand dollars'' figure for testing alone often associated with
discussions of such inquiries is not inaccurate, it is important to
note that we also received a detailed proposal
[[Page 52073]]
from one laboratory for $10,000 and one for $13,000 for this [Type
6(d)] test.
ASEPO also indicates concern regarding the cost of articles
consumed in testing in addition to the cost of pre-testing or redesign
of an article by a manufacturer to ensure passing the Type 6(d) test,
but did not quantify these costs.
While PHMSA understands that additional required tests usually
result in increased research and development costs, we believe there is
merit to additional required tests when there is a credible and
measureable increase in safety. Consequently, PHMSA proposes to require
the incremental testing of all new and previously approved designs,
depending on the intended mode of transport, under the newly adopted
criteria for those affected articles expected to obtain or retain a
Division 1.4S classification. For newly produced explosive articles, a
person who successfully performs the Type 6(d) test would not be
required to also perform the Type 6(a) test. PHMSA believes such
initiatives will greatly reduce research and development costs without
compromising safety.
In this NPRM, PHMSA proposes to require the Type 6(d) test as
prescribed in Section 16.7 of the Fifth revised edition of the UN
Manual of Tests and Criteria in the new Sec. 172.102(c)(1), Special
provision 347. PHMSA is proposing that for affected articles intended
for transportation by aircraft, the effective date of this new
requirement is April 1, 2011. If a manufacturer or approval holder of
affected articles that previously classed and approved an article as
Division 1.4S chooses to continue offering such shipments by aircraft,
the articles must be successfully tested under Test Series 6(d) and a
new approval obtained from PHMSA. Additionally, a previously classed
and approved Division 1.4S article that is not successfully tested
under Test Series 6(d) must be assigned to a compatibility group other
than ``S'' (e.g., B, C, or D) prior to the April 1, 2011 effective date
if intended for transportation by aircraft on or after that date. PHMSA
is also proposing that the effective date of testing to maintain
Division 1.4S classification or reclassification to a higher
compatibility group other than ``S'' is no later than January 1, 2014
for Division 1.4S articles approved prior to January 1, 2012 and are
intended for domestic highway or rail transportation. For previously-
approved affected articles transported by highway, rail and vessel,
reclassification to a compatibility group other than ``S'' may be
accomplished by using existing data and when recommended by an
authorized examination and testing agency approved by PHMSA. For
international highway, rail and vessel transportation, the proposed
effective date of Type 6(d) testing requirements or reclassification
for new and previously produced affected articles is January 1, 2012
(i.e., the compliance date of a final rule under this docket, if
adopted as proposed).
C. IBC Rebottling
Under both the UN Model Regulations and the HMR, replacement of the
rigid plastic receptacle of a composite IBC is considered a ``repair''
under certain conditions and, thus, not subject to design qualification
testing as a new or different design. The UN Model Regulations were
amended to specify that a replacement bottle (i.e., rigid plastic
receptacle) must be of the original tested design type and limits the
replacement to a bottle from the original manufacturer. In the ANPRM,
we invited comments on this amendment and how, if adopted in the HMR,
it would impact the use of IBCs in domestic or international commerce.
All commenters who addressed this issue (DGAC, DuPont, and RIPA)
support the adoption of the UN Model Regulations definition of
``repair'' for IBC rebottling purposes. The comments include a request
for an extended compliance date of January 1, 2012, to provide users
and manufacturers of composite IBCs adequate time to implement the
provision and not place them at an economic disadvantage with
international counterparts. In this NPRM, we are proposing to adopt the
revised definition of ``repair'' for composite IBCs consistent with
international standards. Additionally, to address commenter concern,
PHMSA reminds them of the proposed compliance date of a final rule
under this docket would be no earlier than January 1, 2012. See Section
180.350 for a discussion of the proposed revision.
D. Limited Quantities and Consumer Commodities
PHMSA has long recognized the need to authorize limited exceptions
for the transportation of certain hazardous materials described as
limited quantities or consumer commodities. Considerable efforts have
recently been made internationally to harmonize multi-modal standards
with regard to the transport of limited quantities, including consumer
commodities. PHMSA held public meetings on this issue in February, 2006
and March, 2008 to discuss potential impacts on domestic stakeholders.
Additionally, this issue was discussed during the agency's pre-UN
public meetings held in 2006 and 2007. There was considerable domestic
interest in pursuing further harmonization internationally due to the
potential for substantial savings in transportation costs and improved
transportation efficiency. In the ANPRM, PHMSA invited comments on this
issue with regard to aligning the HMR with the UN Model Regulations for
the domestic and international transport of limited quantities and
consumer commodities. Of particular concern, was any potential negative
impact on the domestic transportation of hazardous materials reclassed
as Consumer commodity, ORM-D. While some changes adopted in the UN
Model Regulations are similar to those currently in the HMR (e.g.,
inner packaging limits and authorized use of non-specification outer
packagings), some changes are not (e.g., marking, labeling and package
gross mass). PHMSA suggested that, depending on comments received and
our own evaluation, the agency may determine that the significance of
any amendments on this issue may warrant a separate rulemaking action.
We received several comments (ACA, AHS, COSTHA, DGAC, DuPont,
FedEx, PPG, SAAMI, and UPS) supporting adoption of the UN Model
Regulation limited quantity provisions into the HMR. UPS urges PHMSA to
move to adopt the Limited Quantity provisions as contained in the UN
Model Regulations, stating:
[B]y * * * phasing out the current provisions of 49 CFR on a
well-publicized schedule, PHMSA will improve the general
understanding * * * [I]t is the understanding of UPS that PHMSA may
be contemplating replacement of the current ORM-D classifications
with the Limited Quantity provisions of the UN Model Regulations.
UPS supports such a change * * * The U.S. is unique in its use of
the ORM-D classification; other countries do not always recognize
the meaning of the ORM-D marking, which means that packages intended
for global commerce must be marked in more than one way. While PHMSA
has held that such dual (or multiple) markings are authorized,
multiple markings complicate hazard communication and have the
potential to confuse both shipper and carrier personnel.
AHS adds:
To cut back to one system, using one mark, without shipping
documents and descriptions for each separate inner receptacle, would
enhance compliance and comprehension throughout the transportation
system.
However, several commenters (ACA, DGAC, DuPont, and SAAMI) express
concern that this should not be done at
[[Page 52074]]
the expense of the ORM-D provisions currently in the HMR. ACA opposes
the elimination of the existing provisions for ORM-D materials as part
of HM-215K and recommends that any changes to the requirements be made
through a separate rulemaking. SAAMI states:
[SAAMI] welcome[s] changes to the Limited Quantities (LQ) system
which will reduce the regulatory burden for lower hazard products in
consumer sized packages * * * and government and industry need time
to use the new system and work out any bugs. If in the future LQ is
shown to have all the benefits of ORM-D, then ORM-D can be phased
out. Meanwhile, the ORM-D system in the US should remain unchanged.
DGAC notes:
[S]ome items eligible for ORM-D classification are not permitted
as limited quantities (e.g., small arms ammunition). In addition, we
note that ORM-D provisions in Sec. 173.156 important to retail sale
of consumer commodities are not applicable to limited quantities of
hazardous materials. We also note that the US Postal Service
regulations allow some ORM-D materials to be transported by mail.
Eliminating ORM-D provisions could adversely impact use of the mail
for packages of some ORM-D materials (e.g., recycling of small spent
fuel cell devices).
PHMSA believes that aligning the existing limited quantity
provisions in the HMR with the international standards will
substantially enhance safety. The agency emphasizes that the proposals
in this NPRM do not include the immediate or short-term removal of the
existing ``limited quantity'' provisions in the HMR (including Consumer
commodities, Cartridges, small arms and Cartridges, power device in the
ORM-D hazard class). Because the limited quantity provisions in the UN
Model Regulations and the IMDG Code are closely aligned with those
already contained in the HMR, domestic alignment for highway, rail and
vessel transportation will result in minimal impact and regulatory
burden. And, because of the inherent risk unique to air transportation,
we believe full harmonization with the ICAO TI (where appropriate) is
necessary with regard to the materials authorized and quantity limits
for limited quantities (including consumer commodities) intended for
transport by air. The following table is used to illustrate the
differences that exist between the HMR and corresponding international
modal standards regarding limited quantities and consumer commodities:
Limited Quantities and Consumer Commodities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Requirement HMR LQ HMR ORM-D UN LQ ICAO TI LQ IMDG CODE LQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marking............................ PSN or UN diamond/ ``ORM-D'' or ``ORM-D- UN diamond/ID or UN diamond/ID (Sec. AIR'' ``Consumer i> unless consumer diamond and ``LTD i> unless consumer
Sec. 172.301 and commodity'' (Sec. commodity (ID not required). i> not required).
Exception includes
MARPOL.
Labeling........................... None unless Division None.................. None................. Required............. None (Placard-size
6.1, Packing Groups CTU LQ mark
II and III. required).
Documentation...................... Required.............. ORM-D-AIR only unless Required unless a Required............. Required unless
RQ, waste or MARPOL. consumer commodity. consumer commodity.
Material Authorizations............ PSN entry must cite Generally, all Similar to HMR except Aerosols Generally, aligned
exception section in materials authorized as follows: (Divisions 2.1, 2.1 with UNMR with minor
Column (8A) of HMT, LQ except for Division 2.2 w/sub risks) and vessel-unique
typically one of the Division 6.1, PG II only (except Small receptacles requirements.
following: (unless drug or aerosols). (Divisions 2.1, 2.2
Divisions 2.1 medicine). Certain w/o sub risks).
and 2.2 (gases and Class 9 materials Class 3, PG
aerosols). not authorized LQ. II, III..
Class 3 (PG Compared to HMR, the Division
II, III). UNMR:. 4.1, PG II, III (no
Division 4.1 Permits (9) self-reactives).
(Flam solids), PG II, PG I Class 3 Division
III. materials as LQ. 4.3, PG II, III
Division 4.3, Permits (10) (solids only).
PG II, III. Class 9 materials as Division
Division 5.1, LQ.. 5.1, PG II,III.
PG II, III. Division
Division 5.2, 5.2, Types C, D, E,
Types B, C, D, E, F. F when part of PRK,
Division 6.1, FAK or CK.
PG II, III. Division
Class 8, PG 6.1, PG II, III.
II, III. Class 8, PG
Class 9...... II, III excluding
Compared to UNMR the 2794, 2795, 2803,
HMR:. 2809 and 3028
Permits (23) (batteries, gallium,
PG I Class 3 mercury).
materials as LQ.. Class 9
Permits (11) (1941, 1990, 2071,
Class 9 materials as 3077, 3082, 3316
LQ. only).
[[Page 52075]]
LQ Quantity Limits................. Aerosols more ORM-D-AIR inner Generally, aligned Aerosols/ Generally, aligned
restrictive than packaging quantity with HMR w/minor Small receptacles: with UNMR with minor
UNMR, ICAO TI and limits are specified differences (e.g., 30 Kg G. vessel-unique
IMDG Code. in Sec. 173.27 and Division 6.1 and Inner and requirements.
Classes and are based on Column Class 9 materials). outer packaging
Divisions 3-9 (9A) and (9B) values quantity limits
generally aligned w/ in the HMT, or, in generally aligned
int'l codes except Sec. Sec. 173.150- with UNMR.
for materials w/ 173.155 and 173.306,
primary or sub risk whichever value is
of Division 6.1, PG more restrictive.
II and III. They normally exceed
the ICAO TI inner
packaging quantity
limit values for LQ.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on the favorable comments received in response to the ANPRM,
PHMSA proposes to adopt limited quantities provisions into the HMR
based on the UN Model Regulations, IMDG Code and the ICAO TI that
include a transitional period sufficient in length to allow
stakeholders adequate time to comply with the new requirements. We are
proposing to authorize immediate voluntary compliance with the new
requirements upon the effective date of any final rule. Additionally,
we are proposing to eliminate the ORM-D and ORM-D-AIR hazard class
limited quantities described as ``Consumer commodities'' after three
years, effective January 1, 2014, if the amendments proposed in this
notice are adopted in a final rule. Such materials or articles would
simply become limited quantities based on risk rather than their
intended end-use. Additionally, for transportation by domestic highway
or rail, alignment of the HMR with international standards actually
increases the number of exceptions provided to limited quantities and
consumer commodities when compared to current HMR requirements for such
materials and articles. To address comments regarding exceptions
provided by the HMR to consumer commodities under Sec. 173.156, we are
proposing to extend the exceptions to all limited quantities regardless
of their end-use. To address the comment regarding the U.S. Postal
Service (USPS) allowing certain packages classed as ORM-D in the postal
system, we intend to work very closely with our USPS counterparts to
ensure a seamless transition to the new HMR requirements and assist
them in any way we can.
For Cartridges, small arms and Cartridges, power device in the ORM-
D hazard class, we are proposing to also continue authorizing such
articles indefinitely under the exceptions provided in Sec. 173.63 of
the HMR for domestic transportation by highway or rail. For more
discussion of proposed amendments to the HMR as a result of the further
alignment with international standards, see the detailed discussion in
the affected sections under the ``Section-by-Section Review.'' The
following sections are affected by the amendments proposed in this NPRM
regarding limited quantities and consumer commodities:
Sec. 172.203 Additional description requirements.
Sec. 172.315 Packages containing limited quantities.
Sec. 172.316 Packages containing materials classed as
ORM-D.
Sec. 172.500 Applicability of placarding requirements.
Sec. 173.25 Authorized packagings and overpacks.
Sec. 173.27 General requirements for transportation by
aircraft.
Sec. 173.63 Packaging exceptions.
Sec. 173.144 Other regulated materials (ORM)--
Definitions.
Sec. 173.150 Exceptions for Class 3 (flammable and
combustible liquids).
Sec. 173.151 Exceptions for Class 4.
Sec. 173.152 Exceptions for Division 5.1 (oxidizers) and
Division 5.2 (organic peroxides).
Sec. 173.153 Exceptions for Division 6.1 (poisonous
materials).
Sec. 173.154 Exceptions for Class 8 (corrosive
materials).
Sec. 173.155 Exceptions for Class 9 (miscellaneous
hazardous materials).
Sec. 173.156 Exceptions for ORM materials.
Sec. 173.161 Chemical kits and first aid kits.
Sec. 173.165 Polyester resin kits.
Sec. 173.167 Consumer commodities.
Sec. 173.230 Fuel cell cartridges containing hazardous
material.
Sec. 173.306 Limited quantities of compressed gases.
E. Metal Hydride Storage Systems in Conveyances
A metal hydride storage system is a single complete hydrogen
storage system that includes a receptacle, metal hydride, a pressure
relief device, a shut-off valve, service equipment, and internal
components. The HMR currently do not prescribe specific packaging or
shipping methods for metal hydride storage systems containing hydrogen.
However, PHMSA has issued a number of special permits to allow the use
of these systems for transport. The UN Model Regulations, in new
Packing Instruction P205, prescribe standards for the construction,
qualification, marking and requalification of such systems. In the
ANPRM, PHMSA invited comments on whether similar standards should be
adopted in the HMR.
One commenter (DGAC) supports adoption of the standards for the
construction, qualification, marking, and requalification of metal
hydride storage systems containing hydrogen. Thus, in this NPRM, PHMSA
is proposing to adopt the standards for the construction,
qualification, marking and requalification of hydrogen in metal hydride
storage systems adopted in the UN Model Regulations. See Section
173.311 for a detailed discussion of proposed requirements.
F. In Vitro Testing for Corrosivity
In 1993, RSPA (the predecessor agency to PHMSA) began recognizing
an alternative test method (i.e., in vitro testing) to determine the
corrosivity of a hazardous material for transportation purposes under
the terms and conditions specified in a special permit (DOT-SP 10904).
Similar in vitro test
[[Page 52076]]
methods are prescribed in the following Organization for Economic
Cooperation and Development (OECD) Guidelines for the Testing of
Chemicals and were adopted in the UN Model Regulations:
No. 430, In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER) (2004);
No. 431, In Vitro Skin Corrosion: Human Skin Model Test
(2004); and,
No. 435, In Vitro Membrane Barrier Test Method for Skin
Corrosion (2006).
Because methods 430 and 431 can be used to determine corrosivity
for other than transportation purposes, they cannot be used to
determine the Packing Group (PG) assignment of a material that tests
positive for corrosivity for the purposes of hazardous materials
transportation. A negative result for corrosivity under methods 430 and
431 can, however, preclude further testing to determine the PG
assignment using method 404, the current OECD Guideline involving in
vivo testing or, method 435, the newly adopted OECD Guideline involving
in vitro testing.
We received three comments (DGAC, DuPont, and PPG) supporting
adoption and use of the OECD in vitro test methods for determining
corrosivity on the basis of reducing the number of tests requiring live
animals.
Based on the overwhelming support for adoption in the HMR, in this
NPRM PHMSA is proposing to adopt and authorize the use of the OECD in
vitro methods. See Sec. 173.137 for further discussion of such
methods.
III. Harmonization Proposals in This NPRM
In this NPRM, PHMSA is proposing the following amendments to
harmonize the HMR with the most recent revisions to the UN Model
Regulations, ICAO TI, and the IMDG Code:
Hazardous Materials Table (HMT): Amendments to the HMT to
add, revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations, and vessel stowage provisions.
Limited Quantity Exceptions: Amendments for the highway,
rail, and vessel transportation of limited quantities are based on the
recently adopted limited quantity provisions in the UN Model
Regulations and IMDG Code. Amendments for the air transportation of
limited quantities are based on the 2011-2012 revision of the ICAO TI.
In addition, amendments are proposed to provide a transition period for
complete alignment of the HMR limited quantity eligibility (including
consumer commodities and certain articles of Class 2 and Division 1.4S
reclassed as ORM-D), when transported by all modes (domestic and
international), in accordance with HMR requirements that are based on
international standards for limited quantities and consumer
commodities.
Organic Peroxide Tables: Amendments to the Organic
Peroxide Tables to add, revise, or remove certain hazardous materials
and provisions.
Incorporation by Reference: Amendments to incorporate by
reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and
the Sixteenth Revised Edition of the UN Model Regulations.
Additionally, we are proposing to update our incorporation by reference
of the Canadian Transportation of Dangerous Goods Regulations to
include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to
miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22,
2007 (pertains to highway cargo tanks). This incorporation by reference
augments the broad reciprocity provided in 171.12 where the HMR allow
the use of the Canadian TDG Regulations under certain conditions when
transporting hazardous materials to or from Canada by highway or rail.
Petitions for Rulemaking: We are addressing one petition
for rulemaking: P-1550, from the People for the Ethical Treatment of
Animals (PETA) requesting that PHMSA incorporate by reference OECD
Guidelines 430, 431 and 435 into the HMR that prescribe in vitro
testing methods for determining corrosivity.
Classification of Sour Crude Oil: See ANPRM comment
summary for discussion of issue and PHMSA proposal.
Classification of Certain Division 1.4S Explosives: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
IBC Rebottling: See ANPRM comment summary for discussion
of issue and PHMSA proposal.
Metal Hydride Storage Systems in Conveyances: See ANPRM
comment summary for discussion of issue and PHMSA proposal.
IV. Amendments Not Being Considered for Adoption in This NPRM
This NPRM proposes changes to the HMR based on amendments made in
the UN Model Regulations (Sixteenth revised edition), IMDG Code
(Amendment 35-10) and the ICAO TI (2011-2012), which become effective
January 1, 2011 (the IMDG Code is effective January 1, 2012). We are
not, however, proposing to adopt all the amendments made to the various
international standards into the HMR. In many cases, amendments to the
international recommendations and regulations have not been adopted
because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. If we have inadvertently
omitted an amendment in this NPRM, we will attempt to include the
omission in the final rule. However, our ability to make changes in a
final rule is limited by requirements of the Administrative Procedure
Act (5 U.S.C. 553). In some instances, we can adopt a provision
inadvertently omitted in the NPRM if it is clearly within the scope of
changes proposed in the notice, does not require substantive changes
from the international standard on which it is based, and imposes
minimal or no cost impacts on persons subject to the requirement.
Otherwise, in order to provide opportunity for notice and comment, the
change must first be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to remove or avoid potential barriers to international
transportation.
Below is a listing of those significant amendments to the
international regulations that we are not proposing to adopt in this
NPRM, with a brief explanation of why the amendment was not included:
Requirements for Radioactive Materials. Notwithstanding two minor
shipping paper and labeling amendments, we are not proposing to adopt
provisions pertaining to the transportation of Class 7 (radioactive)
materials. Amendments to requirements pertaining to the transportation
of Class 7 (radioactive) materials are based on changes contained in
the International Atomic Energy Agency (IAEA) publication, ``IAEA
Safety Standards: Regulations for the Safe Transport of Radioactive
Materials.'' Due to their complexity, these changes are being addressed
in a separate rulemaking.
Requirements for Lithium Batteries. On January 11, 2010, we
published an NPRM (HM-224F; 75 FR 1302). The NPRM includes provisions
to ensure all lithium batteries are packaged to reduce the possibility
of damage that could lead to a catastrophic incident, and minimize the
consequences of an incident should one occur. In addition, PHMSA
[[Page 52077]]
proposed to require lithium battery shipments to be accompanied by
hazard communication that ensures appropriate and careful handling by
air carrier personnel, including the flight crew, and informs both
transport workers and emergency response personnel of actions to be
taken in an emergency. The NPRM, which PHMSA developed in close
coordination with our colleagues in the Federal Aviation
Administration, is the latest in a series of actions PHMSA has taken to
address the very serious risks posed by lithium batteries in
transportation. The NPRM includes revisions to the HMR that are based
on lithium battery provisions in the Sixteenth revised edition of the
UN Model Regulations. Therefore, except for wheelchairs powered by
lithium ion batteries, we are not proposing to adopt new provisions
pertaining to the transportation of lithium cells and batteries in this
rulemaking. The docket for the lithium battery rulemaking can be found
elsewhere at https://www.regulations.gov under PHMSA-2009-0095.
Requirements for Air Packaging. We are not proposing to adopt
provisions pertaining to certain packagings offered for transportation
by aircraft under this rulemaking. PHMSA is considering certain
amendments to the HMR related to requirements for the packaging of
hazardous materials intended for transportation by aircraft under a
separate docket (HM-231A). These would include amendments based on the
reformatted packing instructions in the 2011-2012 ICAO TI. PHMSA
published an ANPRM on July 7, 2008 (73 FR 38361) and, on May 14, 2010,
an NPRM (75 FR 27273). See https://www.regulations.gov under PHMSA-2007-
29364 for more information.
V. Section-by-Section Review
Following is a section-by-section review of the amendments proposed
in this NPRM:
Part 171
Section 171.7
The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standard bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all standards incorporated by reference into
the HMR. For this rulemaking, we evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements and
determined that the revised standards provide an enhanced level of
safety without imposing significant compliance burdens. These standards
have a well-established and documented safety history; their adoption
will maintain the high safety standard currently achieved under the
HMR. Therefore, we propose to update by adding and revising the
incorporation by reference materials under the following organizations:
The American Society for Testing and Materials (ASTM)
[cir] ASTM D56-05, Standard Test Method for Flash Point by Tag
Closed Tester (Referenced in Sec. 173.120(c)(1)(i)(A); Added to Sec.
171.7).
[cir] ASTM D86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure (Added; Referenced in Sec.
173.121).
[cir] ASTM D93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (Referenced in Sec. 173.120(c)(1)(ii)(A);
Added to Sec. 171.7).
[cir] ASTM D1078-05, Standard Test Method for Distillation Range of
Volatile Organic Liquids (Added; Referenced in Sec. 173.121).
[cir] ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point
of Liquids by Small Scale Closed-Cup Apparatus (Referenced in Sec.
173.120(c)(1)(i)(B); Added to Sec. 171.7).
[cir] ASTM D3828-07a, Standard Test Methods for Flash Point by
Small Scale Closed cup Tester (Referenced in Sec. 173.120(c)(1)(i)(C);
Added to Sec. 171.7).
The International Civil Aviation Organization (ICAO)
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, 2009-2010 Edition would be revised to incorporate 2011-2012
Edition.
The International Convention for the Safety of Life at Sea
(SOLAS) Amendments 2002, Chapter II-2/Regulation 19, Consolidated
Edition 2004 would be revised to incorporate the 2009 Edition.
The International Maritime Organization (IMO)
International Maritime Dangerous Goods Code, 2008 Edition,
Incorporating Amendment 33-08, English Edition, Volumes 1 and 2 would
be revised to incorporate Amendment 35-10.
The International Organization for Standardization (ISO)
[cir] ISO 1516:2002 Determination of flash/no flash--Closed cup
equilibrium method (Added; Referenced in Sec. 173.120).
[cir] ISO 1523:2002 Determination of flash point--Closed cup
equilibrium method (Added; Referenced in Sec. 173.120).
[cir] ISO 2719:2002 Determination of flash point--Pensky-Martens
closed cup method (Added; Referenced in Sec. 173.120).
[cir] ISO 3405:2000 Petroleum products--Determination of
distillation characteristics at atmospheric pressure (Added; Referenced
in Sec. 173.121).
[cir] ISO 3679:2004 Determination of flash point--Rapid equilibrium
closed cup method (Added; Referenced in Sec. 173.120).
[cir] ISO 3680:2004 Determination of flash/no flash--Rapid
equilibrium closed cup method (Added; Referenced in Sec. 173.120).
[cir] ISO 3924:1999 Petroleum products--Determination of boiling
range distribution--Gas chromatography method (Added; Referenced in
Sec. 173.121).
[cir] ISO 4626:1980 Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials (Added;
Referenced in Sec. 173.121).
[cir] ISO 4706:2008, Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below (Added; Referenced in Sec.
178.71).
[cir] ISO 10297:1999, Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First edition, May 1999, (E)
(Revised to incorporate 2006 Edition).
[cir] ISO 10461:2005, Gas cylinders--Seamless aluminum-alloy gas
cylinders, Periodic inspection and testing, Second edition, February
2005, (E) (Revised to incorporate Addendum 1 (2006)).
[cir] ISO 10692-2:2001 Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections
(Added; Referenced in Sec. 173.40).
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[cir] ISO 13736:2008 Determination of flash point--Abel closed-cup
method (Added; Referenced in Sec. 173.120).
[cir] ISO 16111:2008 Transportable gas storage devices -- Hydrogen
absorbed in reversible metal hydride (Added; Referenced in Sec. Sec.
173.311, 178.71).
[cir] ISO 18172-1:2007, Gas cylinders--Refillable welded stainless
steel cylinders--Part 1: Test pressure 6 MPa and below (Added;
Referenced in Sec. 178.71).
[cir] ISO 20703:2006, Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing (Added; Referenced in
Sec. 178.71).
Organization for Economic Cooperation and Development
(OECD)
[cir] Guidelines for the Testing of Chemicals, No. 430, In Vitro
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER) (2004)
(Added; Referenced in Sec. 173.137);
[cir] Guidelines for the Testing of Chemicals, No. 431, In Vitro
Skin Corrosion: Human Skin Model Test (2004) (Added; Referenced in
Sec. 173.137); and,
[cir] Guidelines for the Testing of Chemicals, No. 435, In Vitro
Membrane Barrier Test Method for Skin Corrosion (2006) (Added;
Referenced in Sec. 173.137).
Transport Canada, Transportation of Dangerous Goods
Regulations, including Clear Language Amendments 1 through 5 (Revised
to add Amendments 6 and 7).
The United Nations Recommendations on the Transport of
Dangerous Goods-- Model Regulations, Fifteenth revised edition (2007),
Volumes I and II (Revised to incorporate the Sixteenth revised
edition).
Section 171.8
This section defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is proposing to add the
following defined terms based on their adoption in the UN Model
Regulations:
Metal hydride storage system. This term means a single complete
hydrogen storage system that includes a receptacle, metal hydride,
pressure relief device, shut-off valve, service equipment and internal
components used for the transportation of hydrogen only.
Open cryogenic receptacle. This term means a transportable
thermally insulated receptacle for refrigerated liquefied gases
maintained at atmospheric pressure by continuous venting of the
refrigerated gas.
Oxidizing gas. In this NPRM, PHMSA proposes to amend the definition
of Oxidizing gas. Oxidizing gas is now defined as a gas that may, by
providing oxygen, cause or contribute to combustion of other material
more than air does. We are proposing to revise the definition to
specify that an oxidizing gas is a pure gas or gas mixture with an
oxidizing power greater than 23.5% as determined by a method specified
in ISO 10156:1996 or 10156-2:2005. See also discussion of changes to
the HMT entries ``Air, compressed, UN1002'' and ``Compressed gas,
n.o.s., UN1956'' in Sections 172.101 and 173.115(k).
Section 171.23
Section 171.23 prescribes the conditional requirements for specific
materials and packages transported under the various international
standards as permitted by the HMR. In this NPRM, except for
transportation by aircraft, we are proposing to remove the condition in
Sec. 171.23(b)(9) that stipulates certain Division 6.1 materials
transported as limited quantities are not excepted from labeling as
specified in Sec. 173.153(b). This proposed change aligns the labeling
requirements in the HMR for limited quantities with the international
standards without compromising safety. This is accomplished by the
current inner packaging quantity limits for Division 6.1 materials in
Packing Group (PG) II that are packaged under the exceptions provided
for such materials in Sec. Sec. 173.150-173.156 of the HMR.
Section 171.25
Section 171.25 prescribes the additional requirements for specific
materials and packages transported under the IMDG Code as permitted by
the HMR. In this notice, we are proposing to delete paragraphs (c)(5)
and (d)(3) because the IMDG Code now requires cryogenic materials to be
stowed on deck.
Effective January 1, 1997, vehicles and mechanical equipment
containing internal combustion engines were no longer subject to the
IMDG Code as conditionally designated under Amendment 28-96. Effective
January
