Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, 82163-82179 [2011-33358]
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
Dated: December 21, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
VII. Congressional Review Act
*
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
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ACTION:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.475 the table to paragraph
(a) is amended by alphabetically adding
oat, forage; oat, grain; oat, hay; oat,
straw; rye, forage; rye, straw; and wheat,
hay and by revising the entry for rye,
grain to read as follows:
■
§ 180.475 Difenoconazole; tolerance for
residues.
(a) * * *
(1) * * *
*
Oat,
Oat,
Oat,
Oat,
Parts per
million
*
*
*
forage ................................
grain ..................................
hay ....................................
straw .................................
*
0.15
0.01
0.05
0.05
*
*
*
*
Rye, forage ...............................
Rye, grain .................................
Rye, straw .................................
*
0.15
0.01
0.05
*
*
*
*
Wheat, hay ...............................
*
0.05
*
*
*
*
[FR Doc. 2011–33482 Filed 12–29–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 172, 173, 175, and 176
[Docket No. PHMSA–2009–0126 (HM–215K)]
RIN 2137–AE76
Hazardous Materials: Harmonization
With the United Nations
Recommendations on the Transport of
Dangerous Goods: Model Regulations,
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.
AGENCY:
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Final rule.
This document responds to
administrative appeals, provides
clarifications, and corrects
typographical and other minor errors
adopted in an international
harmonization final rule published
January 19, 2011 (HM–215K; 76 FR
3308). The final rule amended the
Hazardous Materials Regulations (HMR)
by revising, removing or adding proper
shipping names, the hazard class of a
material, packing group assignments,
special provisions, packaging
authorizations, packaging sections, air
transport quantity limitations, and
vessel stowage requirements. The
amendments were necessary to align the
HMR with recent revisions to
international standards for the transport
of hazardous materials by all modes.
DATES: Effective Date: January 1, 2012.
Voluntary compliance date: PHMSA
is authorizing voluntary compliance
beginning December 30, 2011.
ADDRESSES: For access to the docket to
read background documents, including
those referenced in this document, or to
read comments received, go to https://
www.regulations.gov at any time and
insert ‘‘PHMSA–2009–0126’’ in the
‘‘Keyword’’ box, and then click
‘‘Search.’’ You may also view the docket
online by visiting the Docket
Management Facility in Room W12–
140, DOT Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., e.t. Monday through
Friday, except Federal holidays.
Anyone is able to search the
electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the U.S. Department of
Transportation’s (DOT) complete
Privacy Act Statement in the Federal
Register published on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdf/E8785.pdf.
FOR FURTHER INFORMATION CONTACT:
Michael Stevens, telephone (202) 366–
8553, or Shane Kelley, telephone (202)
366–0656, Standards and Rulemaking
Division, telephone (202) 366–8553,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., 2nd Floor, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Therefore, 40 CFR chapter I is
amended as follows:
Commodity
82163
I. Background
II. Administrative Appeals Filed in Response
to the HM–215K Final Rule
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A. Use of the Square-on-Point With
Identification Number Limited Quantity
Marking
B. Fuel Cell Cartridges
1. Fuel Cell Cartridges Transported as
ORM–D by Aircraft
2. Fuel Cell Systems and Cartridges Aboard
Passenger-Carrying Aircraft
C. General Requirements for
Transportation by Aircraft
D. Self-Reactive Material as a Limited
Quantity
III. Clarification of the HM–215K Final Rule
A. Use of the Limited Quantity ‘‘Y’’
Marking
B. General Requirements for
Transportation by Aircraft
C. Packaging Requirements for Metal
Hydride Storage Systems
IV. Section-by-Section Review of Changes
V. Summary of Changes Related to Limited
Quantity Material and ORM–D
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. Environmental Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
On January 19, 2011, PHMSA
published a final rule under Docket
PHMSA–2009–0126 (HM–215K; 76 FR
3308) that revised the Hazardous
Materials Regulations (HMR; 49 CFR
Parts 171–180) to align with various
international standards. The final rule
adopted amendments to the HMR
regarding hazard communication,
hazard classification including packing
group assignment, packaging
authorization, air transport quantity
limitations, and various other
international harmonization-related
topics. The amendments were necessary
to align the HMR with the latest
revisions to the International Civil
Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO
Technical Instructions), the
International Maritime Organization’s
Dangerous Goods Code (IMDG Code),
Transport Canada’s Transportation of
Dangerous Goods Regulations (TDG
Regulations), and the United Nations
Recommendations on the Transport of
Dangerous Goods: Model Regulations
(UN Model Regulations) to facilitate to
the seamless transportation of
hazardous materials internationally, to,
through and from the United States.
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In this document, PHMSA responds
to administrative appeals, provides
clarifications, and corrects
typographical and other minor errors
adopted in the January 19, 2011 final
rule.
II. Administrative Appeals Filed in
Response to the HM–215K Final Rule
In response to the January 19, 2011
final rule, administrative appeals were
submitted by the following companies
and organizations:
American Coatings Association (ACA)
Association of Hazmat Shippers, Inc. (AHS)
Dangerous Goods Advisory Council, Inc.
(DGAC)
Fuel Cell and Hydrogen Energy Association
(FCHEA)
Healthcare Distribution Management
Association (HDMA)
International Air Transport Association
(IATA)
Patton Boggs, LLP., on behalf of Lilliputian
Systems, Inc. (LSI)
PPG Industries (PPG)
Sporting Arms & Ammunition
Manufacturer’s Institute (SAAMI)
The administrative appeals addressed
in this document are discussed in detail
below. Because some of the issues
raised by appellants require notice and
public comment under the
Administrative Procedure Act (APA; 5
U.S.C. 553), they are being proposed in
a separate notice of proposed
rulemaking (NPRM) under this docket
number (PHMSA–2009–0126; RIN
2137–AE83). For example, FCHEA and
LSI requested that PHMSA revise
§ 175.10 to align with the ICAO
Technical Instructions and allow spare
fuel cell cartridges containing Division
2.1 flammable gas to be carried in
checked baggage. We are also aware of
recent actions taken by the International
Civil Aviation Organization’s Dangerous
Goods Panel regarding certain lithium
ion battery-powered mobility aids (e.g.,
wheelchairs, travel scooters) offered by
passengers for air transport. Such
actions could affect the outcome of the
administrative appeal submitted by
IATA in response to the January 19,
2011 final rule and, therefore, those
actions will also be addressed in the
separate NPRM.
We can, however, in some instances
adopt a provision submitted in an
administrative appeal that was
inadvertently omitted in the final rule 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
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comment, the change must first be
proposed in an NPRM.
A. Use of the Square-on-Point With
Identification Number Limited Quantity
Marking
Currently, under § 172.315 of the
HMR and except for transportation by
aircraft, a packaging containing a
limited quantity material is not required
to be marked with the proper shipping
name when marked with a square-onpoint containing the UN identification
(ID) number of the limited quantity
material. In the January 19, 2011 final
rule, we provided a one-year transition
period to authorize continued use of
this marking before the revisions to the
limited quantity markings become
effective. ACA, DGAC, and PPG all state
the one-year transition period does not
allow sufficient time to deplete stock(s)
of packagings pre-printed with the
square-on-point mark containing the ID
number and requested an extension of
three- to five-years. Appellants request
that PHMSA provide a transition period
similar to the transition period provided
for the phase-out of the ORM–D
marking, depending on the mode of
transportation. Appellants also
requested that any transition periods be
included in §§ 171.14 (transitional
provisions) and 172.300 (marking
applicability).
PHMSA Response
We agree. Shippers should be
provided the same transition period that
authorizes the continued use of the
square-on-point mark containing the UN
ID number provided for ORM–D
markings. In this document, we are
granting the appeals submitted by ACA,
DGAC, and PPG and revising § 172.315
by extending the transition period, until
December 31, 2013 for other than air
transportation. For domestic air
transportation, we are authorizing use of
the square-on-point mark containing the
ID number to continue until December
31, 2012 as adopted in the January 19,
2011 final rule. However, we are not
revising §§ 171.14 and 172.300 to
include the transition periods because
we believe it is overly duplicative.
B. Fuel Cell Cartridges Aboard
Passenger-Carrying Aircraft
In this document, we respond to two
administrative appeals related to the
transportation of fuel cell cartridges.
The administrative appeals are
discussed as follows:
1. Fuel Cell Cartridges Transported as
ORM–D by Air
In the January 19, 2011 final rule, we
revised the limited quantity
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requirements for fuel cell cartridges to
allow transportation as ‘‘Consumer
commodity, ORM–D,’’ except when
transported by aircraft.
FCHEA states not allowing the
transportation by aircraft of fuel cell
cartridges as ORM–D–AIR is
inconsistent with the ICAO Technical
Instructions and the UN Model
Regulations and claims that the
difference is ‘‘impractical’’ from an
international trade and enforcement
standpoint. They note there are no
safety consequences when comparing
the air transportation of fuel cell
cartridges shipped as limited quantity
material and those shipped as ORM–D–
AIR. They also note that fuel cell
cartridges are sturdy articles that meet a
range of tests and requirements to
ensure they do not pose unreasonable
risks in transportation. FCHEA requests
PHMSA to allow fuel cell cartridges to
be transported as ORM–D–AIR by
aircraft so that fuel cell technologies are
not placed at a disadvantage compared
to other technologies authorized to be
transported by aircraft.
PHMSA response.
We deny FCHEA’s administrative
appeal that would authorize fuel cell
cartridges to be offered and transported
as ‘‘Consumer commodity, ORM–D–
AIR,’’ by aircraft. When packages of
articles or substances are renamed
‘‘Consumer commodity’’ and are
reclassed as ‘‘ORM–D–AIR,’’ the
identity and risk posed by the substance
or article is no longer communicated.
This is one of the primary reasons the
ORM–D–AIR hazard class is being
phased-out by the end of 2012. We
believe the authorization to offer fuel
cell cartridges as limited quantities by
passenger-carrying and cargo-only
aircraft satisfies the need for the
expedient transportation of such
articles, while communicating their risk,
and imposing minimal regulatory
burden.
2. Fuel Cell Systems and Cartridges
Aboard Passenger-Carrying Aircraft
FCHEA’s administrative appeal
indicated that in addition to the
differences in fuel cell cartridge
chemistries authorized in checked
baggage, there are a number of
inconsistencies and editorial issues
when comparing § 175.10 and the ICAO
Technical Instructions regarding fuel
cell systems and cartridges used to
power portable electronic devices
authorized to be carried aboard
passenger-carrying aircraft. They note
that over the last several years, revisions
to the ICAO Technical Instructions have
made the regulatory language clearer.
FCHEA requests that PHMSA make
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similar revisions to avoid any potential
confusion between requirements under
the HMR and the ICAO Technical
Instructions.
PHMSA response.
We agree. Thus, we are granting
FCHEA’s administrative appeal to
editorially revise § 175.10(a)(19) to be
consistent with language in 8; 1.1.2 (t)
of the ICAO Technical Instructions. This
clarification does not, however, revise
current HMR provisions regarding such
articles and is entirely editorial in
nature.
C. General Requirements for
Transportation by Aircraft
As adopted in the January 19, 2011
final rule, the general air packaging
requirements for combination
packagings prohibit Class 1 (explosive)
and Class 7 (radioactive) material to be
offered for transportation as limited
quantity material by aircraft. See 76 FR
3369. In their administrative appeal,
DGAC and SAAMI state this is
inconsistent with other provisions in
the HMR that allow the transportation of
these materials by aircraft, specifically,
§§ 173.421 through 173.425 for limited
quantity radioactive material,
instruments, and articles and § 173.63(b)
for certain Division 1.4S explosive
articles. DGAC and SAAMI request that
PHMSA revise the list of prohibited
hazardous material and articles and
Table 3 in § 173.27(f) to clarify that
Class 1 (explosive) material conforming
to § 173.63(b) and Class 7 (radioactive)
material conforming to §§ 173.421
through 173.425, as applicable, are
authorized for transportation by aircraft.
Additionally, DGAC requests UN3334
(‘‘Aviation regulated liquid, n.o.s.’’) and
UN3335 (‘‘Aviation regulated solid,
n.o.s.’’) be added to the list of Class 9
(miscellaneous hazard) material as the
substances are currently authorized as
limited quantity material under the
§ 173.155 exceptions for Class 9 material
and for consistency with the ICAO
Technical Instructions.
PHMSA response.
We agree. DGAC and SAAMI are
correct, and we are therefore granting
their administrative appeals by revising
§ 173.27(f) to reflect current regulations
that authorize the shipment of these
substances and articles by aircraft. We
want to point out that although certain
Class 1 and Class 7 materials are
indicated as eligible for air transport in
§ 173.27(f), such indication is provided
for informational purposes to aid
readers in indentifying the appropriate
packaging and other regulatory
provisions for such materials. For
example, packages of such materials are
not marked with the limited quantity
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82165
‘‘Y’’ mark prescribed in § 172.315 but
rather as prescribed in §§ 173.63 and
173.421 through 173.425, as
appropriate.
D. Self-Reactive Material as a Limited
Quantity
In the UN Model Regulations, certain
Division 4.1 self-reactive materials are
authorized limited quantity exceptions.
Currently, the HMR do not authorize
such exceptions. AHS appealed to
PHMSA to include a limited quantity
exception for the material ‘‘Self-reactive
solid, Type F, UN3230.’’ AHS notes that
they filed a petition for rulemaking in
2009 (P–1542), to which PHMSA
replied by stating that the petition
merited rulemaking action and that it
would be addressed in the January 19,
2011 final rule.
PHMSA response.
We recognize the merits of AHS’s
appeal and petition for rulemaking, but
are denying AHS’s administrative
appeal because it is beyond the scope of
this rulemaking. To accommodate the
federally mandated requirement for
notice and comment during a significant
rulemaking action, the petition must be
presented under a notice of proposed
rulemaking to allow for comment by all
interested parties. We regret the
unintentional omission of a proposal in
the NPRM for a limited quantity
exception for ‘‘Self-reactive solid, Type
F, UN3230’’ and for adoption under the
January 19, 2011 final rule. We fully
intend to include a proposal for this
material as a broader effort to revise the
packaging requirements for all eligible
self-reactive materials in a near-term
rulemaking action.
III. Clarification of the HM–215K Final
Rule
A. Use of the Limited Quantity ‘‘Y’’
Marking
In the January 19, 2011 final rule, we
adopted new limited quantity markings
consistent with the ICAO Technical
Instructions, IMDG Code, and the UN
Model Regulations to include a limited
quantity ‘‘Y’’ marking for display on
packagings prepared for air
transportation. In their administrative
appeals, ACA and DGAC ask for a
clearer indication of when this new
marking may be used in modes of
transportation by other than aircraft.
They note PHMSA’s consideration in
the January 19 final rule of a comment
stating that the limited quantity ‘‘Y’’
marking should be authorized for use in
all modes of transportation if displayed
on a packaging that meets all conditions
and requirements for air transportation.
See 76 FR 3313. Additionally, on the
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basis of their opposition to adoption of
the air transport requirements for
limited quantities consistent with the
ICAO Technical Instructions, DGAC
recommends that:
The ‘‘Y’’ package mark [proposed] in
§ 172.315 not be required * * * [and]
recommend that [PHMSA] allow permissive
use of the ‘‘Y’’ mark for all modes of
transport when the package meets the
relevant requirements of the ICAO TI.
We agreed with the DGAC
recommendation that a ‘‘Y’’ marked
package in full conformance with the air
transport provisions prescribed for a
limited quantity package should be
authorized in all modes of
transportation and also stated we would
revise § 171.22 accordingly. Although
we indicated our intent to revise
§ 171.22, which prescribes the
authorization and conditions for use of
international standards, we
inadvertently failed to amend the
corresponding regulatory text of the
section. In its administrative appeal,
ACA also requests that PHMSA amend
this section to indicate the limited
quantity ‘‘Y’’ marking is authorized for
use in all modes of transportation.
Further, DGAC suggests that we revise
§ 172.315 to include language
authorizing the use of this marking by
modes other than air.
PHMSA response.
We agree. Our indication in the final
rule to revise § 171.22 was in error as
that section prescribes the authorization
to use the various international
standards. Regardless, we clearly
indicated in the preamble of the final
rule that the display of a ‘‘Y’’ marking
on limited quantity package that is not
intended for transportation by aircraft is
authorized. Thus, because a limited
quantity package prepared for air
transportation by default is authorized
by all modes of transportation, the
administrative appeals requesting that
PHMSA align with the international
standards are hereby granted. See the
Section-by-Section review of changes
for a full discussion of the § 172.315
revisions and requirements.
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B. General Requirements for
Transportation by Aircraft
In the January 19, 2011 final rule, we
revised the § 173.27 general
requirements for transportation of
packagings by aircraft. Specifically, we
revised paragraph (f) by including a new
Table 3 that prescribes the requirements
for authorized limited quantity material
intended for air transportation
consistent with the 2011–2012 ICAO
Technical Instructions, where
appropriate.
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AHS notes that PHMSA included
‘‘Consumer commodity, ID8000’’ as
authorized Class 9 material but failed to
revise paragraph (f)(2)(i)(G) for Class 9
material not authorized as limited
quantity material by aircraft. As
indicated by AHS, ‘‘Consumer
commodity, ID8000’’ may be shipped as
limited quantity material by aircraft,
thus ‘‘ID8000’’ should be added to the
list of materials excepted from the Class
9 prohibition in paragraph (f)(2)(i)(G).
PHMSA response.
We agree. In this final rule, we are
revising § 173.27(f)(2)(i)(G) to include
‘‘ID8000’’ as a material excepted from
the Class 9 prohibition. In addition, for
clarification, we are revising Table 3 to
indicate that the note associated with
Class 9 liquid material applies to both
liquid and solid material.
with the § 173.311 requirements for
metal hydride storage systems to
include the requirements of ISO 16111.
Special permits issued by the Associate
Administrator authorize the
transportation of hazardous material
and packaging within the United States
only. International regulatory agencies
may not recognize a special permit
granted by PHMSA. However, metal
hydride storage canisters designed,
constructed, and otherwise conforming
to requirements authorized under a
CAA issued by PHMSA should be
honored by other competent authorities
worldwide as a valid alternative to ISO
16111.
C. Packaging Provisions for Metal
Hydride Storage Systems
In the January 19, 2011 final rule, we
added a new section, § 173.311, for
packaging requirements for ‘‘Metal
hydride storage systems, UN3468’’ used
for the transport of hydrogen. Prior to
the January 19, 2011 final rule, the HMR
did not prescribe methods for the
construction, qualification, marking,
and requalification of these systems
although we issued a number of special
permits and competent authority
approvals (CAA) to allow the
manufacture and use of similar systems
for the transport of hydrogen.
In a January 24, 2011 request for
clarification, Ovonic Hydrogen Systems,
LLC (OHS) expresses concern that the
new § 173.311 requires transportable
metal hydride storage systems to meet
ISO Standard 16111:2008 (ISO 16111)
which does not recognize the storage
canisters manufactured by OHS under
its currently-held CAA. Specifically,
OHS manufactures storage canisters
based on refillable aluminum cylinders
designed, constructed, and tested to
DOT 3AL specifications. Instead, ISO
16111 requires the use of aluminum
cylinders constructed and tested to ISO
7866 specifications. Testing and
marking requirements under ISO 7866
differ from testing and marking
requirements for DOT 3AL
specifications and OHS states its storage
canisters are non-compliant as a result.
PHMSA response.
We disagree with OHS’s assertion.
The adoption of packaging requirements
for metal hydride storage systems in
§ 173.311 does not invalidate any active
special permits or CAAs authorizing the
transportation of hydrogen in ‘‘metal
hydride storage canisters.’’ When a
special permit or CAA expires and is
not renewed, systems must conform
Section 172.101
This section provides a hazardous
materials table that identifies listed
materials as hazardous material for
purposes of transportation.
For the table entry ‘‘Calcium
hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures, with
not less than 5.5 percent but not more
than 16 percent water, UN2880,’’ the PG
III information was inadvertently
removed. Under a final rule published
December 29, 2006 (HM–215I, 71 FR
78596), we revised the PG II information
to remove Special provision 166.
However, the instruction to revise this
entry did not include the PG III
information and, therefore, it was
inadvertently removed from the 49 CFR.
In this document, we are revising the
entry to add the PG III information to
the entry to reflect the correct
descriptions for this entry. This
correction reads as a ‘‘remove/add.’’
For the table entry ‘‘Tellurium
compound, n.o.s., UN3284,’’ effective
October 1, 2010, we inadvertently added
the term ‘‘solid’’ to the proper shipping
name to read ‘‘Tellurium compound,
solid, n.o.s.’’ in the January 19, 2011
final rule. In this document, we are
revising the proper shipping name to
remove the term ‘‘solid.’’ This
correction reads as a ‘‘remove/add.’’
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IV. Section-by-Section Review of
Changes
Part 172
Section 172.315
This section prescribes the
requirements for marking packages
containing limited quantity material.
Based on administrative appeals
submitted in response to the January 19,
2011 final rule (HM–215K; 76 FR 3308),
and numerous requests for clarification
of the limited quantity marking
requirements, we are revising § 172.315
to authorize continued use of the
limited quantity marking (i.e., square-
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tkelley on DSK3SPTVN1PROD with RULES
on-point and Identification Number)
prescribed in § 172.315, in effect on
October 1, 2010, for the same duration
offered for continued use of the ORM–
D–AIR and ORM–D markings, December
31, 2012 and December 31, 2013,
respectively. For transportation by
aircraft, the hazard class label (when
applicable) and proper shipping name
marking are still required. Additionally,
we are revising § 172.315 to allow
marking of a limited quantity package
not intended for transportation by air
with the limited quantity ‘‘Y’’ marking
if the packaging is prepared in
accordance with § 173.27(f) indicating it
is suitable for transportation as a limited
quantity package by aircraft. A ‘‘Y’’
marked package transported by a mode
other than air indicates the package
would be suitable for air transport if
marked, labeled and accompanied by a
shipping paper and is otherwise
packaged in accordance with 3; 4 of the
ICAO Technical Instructions as limited
by subpart C of Part 171 and Part 175
of the HMR or § 173.27(f) and Part 175
of the HMR.
In the January 19 final rule, we
erroneously adopted limited quantity
marking requirements applicable to
cargo transport units (CTU) containing
packages of hazardous materials in only
limited quantities. We erred by stating
the marking must be applied to only one
side and one end of the CTU when we
should have required the marking on all
four exterior sides of the CTU consistent
with 3.4.5.5 of the IMDG Code. In this
document, we are correcting that error
in § 172.315. Finally, we are
reorganizing the format of the language
used in this section solely for editorial
clarification.
Section 173.27
This section prescribes general
requirements for the transportation of
hazardous material by aircraft. Based on
appeals and requests for clarification, in
this document we are revising
§ 173.27(f). Specifically, we are revising
paragraph (f)(2) and Table 3 in
paragraph (f) by adding materials
currently authorized elsewhere in the
HMR and to provide additional
clarification regarding those hazardous
materials and articles eligible for
transport by aircraft under the
conditions prescribed in this paragraph.
The authorized hazardous materials and
articles added and referenced are as
follows: (1) Class 1 (explosive) articles
in accordance with § 173.63(b); (2) Class
7 (radioactive) material in accordance
with applicable §§ 173.421 through
173.425; and (3) ‘‘Aviation regulated
liquid, n.o.s., UN3334,’’ ‘‘Aviation
regulated solid, n.o.s., UN3335,’’ and
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
‘‘Consumer commodity, ID8000.’’ As
stated earlier in this preamble, although
certain Class 1 and Class 7 materials are
indicated as eligible for air transport in
§ 173.27(f), because they do not meet
guiding principles established for
limited quantities such indication is
provided for informational purposes to
aid readers in identifying the
appropriate packaging and other
provisions for such materials. For
example, packages of Class 7 are not
marked with the limited quantity ‘‘Y’’
mark prescribed in § 172.315 but rather
as prescribed in 173.421 through
173.425, as appropriate.
Section 173.124
Section 173.124 defines a Class 4
material. For consistency with a
revision adopted in the UN Model
Regulations, PHMSA amended the
definition of ‘‘self-heating’’ in
§ 173.124(b)(2) of the HMR in the
January 19 final rule. In this document,
PHMSA is correcting the typographical
error in the heading of the definition.
Section 173.151
Section 173.151 prescribes exceptions
for a Class 4 material. Paragraph (d)
prescribes exceptions for Division 4.3
solid material of Packing Groups II and
III. The HMR do not authorize limited
quantity packages of such substances to
be reclassified as ORM–D or to be
renamed ‘‘Consumer commodity.’’ In
the January 19, 2011 final rule, PHMSA
inadvertently revised the third sentence
of paragraph (d) to extend the additional
exceptions for limited quantities and
ORM in § 173.156 to Division 4.3
substances, when no such authorization
prior to this rulemaking existed nor was
it considered in this rulemaking due to
the obvious risk to transportation safety.
Therefore, in this final rule, PHMSA is
removing the reference to § 173.156 in
the third sentence of § 173.151(d).
Section 173.156
Section 173.156 provides additional
exceptions for limited quantity and
ORM packages. In the January 19, 2011
final rule, PHMSA unintentionally
amended paragraph (b)(1) by requiring
the marking of such packages in
accordance with subpart D of part 172.
In this final rule, PHMSA is amending
§ 173.156(b)(1) by removing the
requirement to mark such packages.
Because paragraph (b)(2) authorizes the
common carriage of such packages, the
marking requirements that existed prior
to the January 19, 2011 final rule will
remain as adopted.
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82167
Section 173.306
Section 173.306 prescribes
requirements for limited quantity of
compressed gases. In this document, we
are revising certain paragraphs for
clarification of requirements adopted in
the final rule and to correct minor
grammatical errors.
Section 173.311
This section specifies packaging
instructions for hydrogen in metal
hydride storage systems. The January
19, 2011 final rule incorrectly refers to
ISO standards in § 178.71(f) that apply
to the design and construction of UN
refillable welded cylinders rather than
§ 178.71(m) for the design and
construction of UN metal hydride
storage systems. In this final rule, we are
revising the section to correctly refer to
§ 178.71(m).
Part 175
Section 175.10
Section 175.10 prescribes the
conditions under which a passenger,
crew member, or an operator may carry
hazardous materials aboard a passengercarrying aircraft. In response to
FCHEA’s administrative appeal, in this
final rule we are editorially revising the
language in § 175.10(a)(19) for the
carriage of fuel cell systems and fuel cell
cartridges for consistency with the ICAO
Technical Instructions. These revisions
do not amend the fuel cell cartridge
chemistries authorized in checked
baggage as adopted in the January 19
final rule.
Section 175.75
Section 175.75 prescribes quantity
limitations and cargo location
requirements for hazardous materials
transported by aircraft. In this
document, we are revising for
clarification the definition of
‘‘Inaccessible’’ in paragraph (d)(2) to
mean any package that is loaded where
a crew member or other authorized
person cannot 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 inaccessible
manner. This definition is consistent
with the defined term ‘‘Accessible’’ and
is revised for clarification only.
Additionally, PHMSA is revising the
heading in the third column of the
paragraph (f) Quantity and Loading
Table for clarity by adding the words
‘‘per cargo compartment.’’ Since issuing
the January 19 final rule, we have
fielded numerous inquiries regarding
whether the limitation was now ‘‘per
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aircraft’’ as opposed to ‘‘per
compartment.’’ Additionally, we are
correcting the error in Note a. of the
table as published in the January 19
final rule. Notwithstanding the
correction made to Note a. of the
§ 175.75(f) table, we want to emphasize
the revisions made in this document to
§ 175.75 are for editorial clarification
only.
Part 176
Section 176.905
This section specifies requirements
for vessel transport of motor vehicles
and equipment. In this final rule, we are
revising paragraph (j) to refer to the
correct section paragraph regarding
items of equipment containing
hazardous materials, specifically,
§ 173.220(f), that are integral
components of a motor vehicle, engine
or mechanical equipment.
V. Summary of Changes Regarding
Limited Quantity Material and ORM–D
In an effort to clarify the amendments
to the HMR associated with the
transition from the domestic ORM–D
system for transportation of limited
quantity material to the international
system, we offer the following:
tkelley on DSK3SPTVN1PROD with RULES
Applicability of the ORM–D System
—Until December 31, 2013, shippers
may continue to rename a limited
quantity hazardous material as a
‘‘Consumer commodity, ORM–D’’ (see
§ 171.8), as authorized in the
appropriate packaging exception for
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17:50 Dec 29, 2011
Jkt 226001
the material. Beginning January 1,
2014, limited quantity hazardous
material will no longer be authorized
the ‘‘Consumer commodity’’ proper
shipping name except those eligible
and prepared for shipment by aircraft
in accordance with § 173.167 and
using the newly adopted
identification number ‘‘ID8000.’’ Such
packages are eligible for
transportation by all modes but must
be marked with the limited quantity
‘‘Y’’ mark prescribed in § 172.315(b)
indicating the package is suitable for
air transportation.
—Until December 31, 2013, shippers
may continue to reclass limited
quantity hazardous material as ‘‘Other
Regulated Material’’ otherwise known
as ORM–D. Limited quantity material
reclassed as ORM–D and transported
by modes other than air may continue
to be prepared and packaged in
accordance with the appropriate
packaging exceptions for the
hazardous material (e.g., § 173.150 for
a Class 3 flammable liquid substance),
and be transported in a package
displaying the ORM–D marking. Until
December 31, 2012, shippers may
continue to ship ORM–D–AIR by
aircraft. Until such time, ORM–D
offered for shipment by aircraft may
continue to be prepared and packaged
in accordance with the requirements
of § 173.27 in effect October 1, 2010,
and transported in packages
displaying the ORM–D–AIR marking.
—Until December 31, 2013, shippers
may continue to display the limited
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quantity marking (i.e., the square-onpoint and identification number) on a
package containing limited quantity
material in accordance with § 172.315
in effect October 1, 2010.
Use of the New Limited Quantity
Markings
—Beginning January 1, 2014, for modes
of transportation other than air,
shippers of limited quantity material
must display the limited quantity
marking adopted in § 172.315 under
the January 19, 2011 final rule (i.e.,
the square-on-point with top and
bottom portion black and the center
white). See illustration below.
—Beginning January 1, 2013, for
transportation by air, shippers of
limited quantity material must
display the limited quantity ‘‘Y’’
marking adopted in § 172.315 under
the January 19, 2011 final rule. See
illustration below.
Clarification of Limited Quantity
Marking Requirements
—A limited quantity package should not
display both an ORM–D or ORM–D–
AIR marking and one of the new
limited quantity markings, as this may
only serve to frustrate a shipment
while in transportation. Such dual
markings are only authorized during
the transition period. Once the
transition period expires (December
31, 2012 or December 31, 2013), the
ORM–D or ORM–D–AIR marking
must be covered, obliterated, or
otherwise obstructed from view.
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
82169
TABLE OF POTENTIAL LIMITED QUANTITY PACKAGING SCENARIOS
Packaging scenario
Authorized? If authorized, when?
Mandatory? If
mandatory, when?
Label(s)
required?
Shipping papers
required?
PSN and ID
number marking
required?
Notes
ORM–D Packaging
Yes, until December 31, 2013.
Packaging marked
ORM–D transported by air.
Packaging marked
ORM–D–AIR
transported by
modes other than
air.
No ........................
No ........................
No. Unless a hazardous waste,
hazardous substance or marine pollutant.
No ........................
A shipper may
voluntarily mark
instead with the
new limited
quantity markings illustrated
above. See also
‘‘Limited Quantity Packaging’’
below.
Yes, until, December 31, 2012.
No ........................
No ........................
No. Unless a hazardous waste,
hazardous substance or marine pollutant.
No ........................
A shipper may
voluntarily mark
instead with the
new limited
quantity markings illustrated
above. See
Limited Quantity
Packaging
below. A shipper marking a
package with
ORM–D–Air
must ensure the
packaging
meets the requirements of
§ 173.27 effective
October 1, 2010
even if the
package is not
transported by
air.
Packaging marked
Yes, until, DecemORM–D–AIR
ber 31, 2012.
transported by air.
Packaging marked
For ORM–D: Yes
ORM–D/ORM–D– For ORM–D–AIR:
AIR also marked
No.
with one of the
new limited quantity markings.
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Packaging marked
ORM–D transported by modes
other than air.
No.
No ........................
No ........................
Yes ......................
Yes.
.............................
.............................
.............................
.............................
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E:\FR\FM\30DER1.SGM
30DER1
The limited quantity ‘‘Y’’ mark indicates the
package conforms
to § 173.27(f)
effective January 1, 2012. Although it may
not be specifically prohibited,
we recommend
that packages
not display both
types of surface
limited quantity
markings to
avoid confusion
and frustration
of shipment
during the
course of transportation.
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
TABLE OF POTENTIAL LIMITED QUANTITY PACKAGING SCENARIOS—Continued
Packaging scenario
Authorized? If authorized, when?
Mandatory? If
mandatory, when?
Label(s)
required?
Shipping papers
required?
PSN and ID
number marking
required?
Notes
Limited Quantity Packaging
Yes, until, December 31, 2013.
No ........................
No ........................
No ........................
See note ..............
Packaging marked
Yes, until, Decemwith a square-onber 31, 2012.
point containing
the UN ID #
transported by air.
No ........................
Yes ......................
Yes ......................
Yes ......................
Packaging marked
with a surface LQ
marking transported by modes
other than air.
Yes ......................
Yes, beginning
January 1,
2014.
No ........................
No. Unless a hazardous waste,
hazardous substance or marine pollutant.
No. Unless a hazardous waste or
hazardous substance.
Packaging marked
with a standard
LQ marking transported by air.
Packaging marked
with an LQ ‘‘Y’’
marking transported by modes
other than air.
No.
Yes ......................
No ........................
No ........................
No. Unless a hazardous waste,
hazardous substance or marine pollutant.
No. Unless a hazardous waste or
a hazardous
substance.
Packaging marked
with an LQ ‘‘Y’’
marking transported by air.
Packaging marked
with a square-onpoint containing
the UN ID # and
also marked with
one of the new
limited quantity
markings or any
combination.
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Packaging marked
with a square-onpoint containing
the ID # transported by modes
other than air.
Yes ......................
Yes, beginning
January 1,
2013.
Yes ......................
Yes ......................
Yes ......................
A shipper marking
a package with
an LQ ‘‘Y’’
marking must
ensure the
packaging
meets the requirements of
§ 173.27(f) effective January
1, 2011 even if
the package is
not transported
by air. Identification number
not required.
Voluntary compliance authorized
as of January 1,
2011.
No.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under the
following statutory authorities:
VerDate Mar<15>2010
Proper shipping
name not required to be
marked when
packaging is
marked with a
square-on-point
containing the
UN ID #.
Proper shipping
name is required to be
marked when
packaging is
marked with a
square-on-point
containing the
UN ID #.
Voluntary compliance authorized
as of January 1,
2011. Identification number not
required.
17:50 Dec 29, 2011
Jkt 226001
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. This final rule
responds to administrative appeals
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submitted in response to final rule HM–
215K (January 19, 2011; 76 FR 3308),
provides editorial clarification and
corrects minor errors associated with
the final rule.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
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that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities.
B. Executive Orders 12866 and 13563
and DOT Regulatory Policies and
Procedures
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 and was not
reviewed by the Office of Management
and Budget. This final rule is a nonsignificant rule under the Regulatory
Policies and Procedures of the
Department of Transportation [44 FR
11034]. Additionally, E.O. 13563
supplements and reaffirms E.O. 12866,
stressing that, to the extent permitted by
law, an agency rulemaking action must
be based on benefits that justify its
costs, impose the least burden, consider
cumulative burdens, maximize benefits,
use performance objectives, and assess
available alternatives. The revisions
adopted in this final rule do not alter
the cost-benefit analysis and
conclusions contained in the Regulatory
Evaluation prepared for the January 19,
2011 final rule. The Regulatory
Evaluation is available for review in the
public docket for this rulemaking.
tkelley on DSK3SPTVN1PROD with RULES
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’), and the
President’s memorandum on
‘‘Preemption’’ published in the Federal
Register on May 22, 2009 (74 FR 24693).
This final rule preempts State, local and
Indian tribe requirements but does not
propose any regulation that has
substantial direct effects on the States,
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe
requirements for certain subjects. The
subjects are:
(1) The designation, description, and
classification of hazardous materials;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(3) The preparation, execution, and
use of shipping documents related to
hazardous materials and requirements
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17:50 Dec 29, 2011
Jkt 226001
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacture,
fabrication, marking, maintenance,
recondition, repair, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material.
This final rule addresses all the
covered subject items above and
preempts State, local, and Indian tribe
requirements not meeting the
‘‘substantively the same’’ standard. This
final rule is necessary to incorporate
revisions to the HMR based on
administrative appeals submitted in
response to the January 19, 2011 final
rule, effective January 1, 2011. Federal
hazardous materials transportation law
provides at section 5125(b)(2) that, if
DOT issues a regulation concerning any
of the covered subjects, DOT must
determine and publish in the Federal
Register the effective date of Federal
preemption. The effective date may not
be earlier than the 90th day following
the date of issuance of the final rule and
not later than two years after the date of
issuance. The effective date of Federal
preemption is March 29, 2012.
D. Executive Order 13175
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications, does not impose
substantial direct compliance costs, and
is required by statute, the funding and
consultation requirements of Executive
Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities unless the agency
determines that a rule is not expected to
have a significant impact on a
substantial number of small entities.
The response to appeals and revisions
contained in this final rule will have
little or no negative effect on the
regulated industry. Based on the
assessment in the Regulatory Evaluation
to the January 19, 2011 final rule, I
hereby certify that, while this rule
applies to a substantial number of small
entities, there will not be a significant
economic impact on those small
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82171
entities. A detailed Regulatory
Flexibility analysis is available for
review in the docket.
F. Paperwork Reduction Act
This final rule imposes no new
information collection requirements.
G. Regulatory Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either State,
local or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA) requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. In the January 19,
2011 final rule, we developed an
assessment to determine the effects of
these revisions on the environment and
whether a more comprehensive
environmental impact statement may be
required. Our findings conclude that
there are no significant environmental
impacts associated with this final rule.
Consistency in the regulations for the
transportation of hazardous materials
aids in shippers’ understanding of what
is required and permits shippers to
more easily comply with safety
regulations and avoid the potential for
environmental damage or
contamination. For interested parties, an
environmental assessment was included
with the January 19, 2011 final rule
available in the public docket.
Additionally, we conclude that there are
no significant environmental impacts
associated with the amendments
adopted in this document regarding the
administrative appeals submitted in
response to the January 19 final rule.
J. Privacy Act
Anyone is able to search the
electronic form of any written
communications and comments
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
participates in the establishment of
international standards in order to
protect the safety of the American
public, and we have assessed the effects
of the final rule to ensure that it does
not exclude imports that meet this
objective. Accordingly, this rulemaking
is consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
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
tkelley on DSK3SPTVN1PROD with RULES
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.
List of Subjects
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Markings, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Radioactive materials,
Reporting and recordkeeping
requirements.
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49 CFR Part 176
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR chapter I is amended as follows:
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
1. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
2. In § 172.101, The Hazardous
Materials Table is amended by removing
those entries under [REMOVE] and
adding entries under [ADD] to read as
follows:
■
§ 172.101 Purpose and use of the
hazardous materials table.
*
E:\FR\FM\30DER1.SGM
*
*
30DER1
*
*
Hazardous materials
descriptions
and proper
shipping names
VerDate Mar<15>2010
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G ...............
G ...............
(1)
Fmt 4700
*
Sfmt 4700
E:\FR\FM\30DER1.SGM
30DER1
*
*
Tellurium compound,
n.o.s.
*
Calcium hypochlorite,
hydrated or Calcium
hypochlorite, hydrated mixtures, with
not less than 5.5
percent but not more
than 16 percent
water.
[ADD]
*
Tellurium compound,
solid, n.o.s.
Calcium hypochlorite,
hydrated or Calcium
hypochlorite, hydrated mixtures, with
not less than 5.5
percent but not more
than 16 percent
water.
[REMOVE].
(2)
Symbols
tkelley on DSK3SPTVN1PROD with RULES
*
(3)
6.1
5.1
6.1
5.1
Hazard
class or
division
*
*
UN3284 .....
*
UN2880 .....
*
*
UN3284 .....
UN2880 .....
(4)
Identification Nos.
*
6.1 .............
*
5.1 .............
(6)
III ...............
6.1 .............
5.1 .............
6.1 .............
II ................
III ...............
*
6.1 .............
*
I .................
III ...............
*
II ................
5.1 .............
6.1 .............
II ................
*
6.1 .............
*
I .................
II ................
(5)
PG
Label
codes
(8A)
Exceptions
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
*
153 ............
153 ............
*
None ..........
*
*
IB7, IP1, T6,
TP33.
IB8, IP2, IP4,
T3, TP33.
IB8, IP3, T1,
TP33.
*
153 ............
153 ............
*
None ..........
165, 171, IB8,
152 ............
IP4, IP13, W9.
*
*
165, IB8, IP2,
152 ............
IP4, IP13, W9.
*
*
IB7, IP1, T6,
TP33.
IB8, IP2, IP4,
T3, TP33.
IB8, IP3, T1,
TP33.
*
213 ............
212 ............
*
211 ............
213 ............
*
212 ............
*
213 ............
212 ............
*
211 ............
*
*
165, IB8, IP2,
152 ............ 212 ............
IP4, IP13, W9.
(7)
Special
provisions
(§ 172.102)
§ 172.101—HAZARDOUS MATERIALS TABLE
240 ............
242 ............
242 ............
240 ............
240 ............
240 ............
242 ............
242 ............
*
240 ............
(8C)
Bulk
*
100 kg .......
25 kg .........
*
5 kg ...........
25 kg .........
*
5 kg ...........
*
100 kg .......
25 kg .........
*
5 kg ...........
*
5 kg ...........
(9A)
Passenger
aircraft/rail
200 kg .......
100 kg .......
50 kg .........
100 kg .......
25 kg .........
200 kg .......
100 kg .......
50 kg .........
25 kg .........
(9B)
Cargo aircraft only
(9)
Quantity limitations (see
§§ 173.27 and 175.75)
A ................
B ................
B ................
D ................
D ................
A ................
B ................
B ................
D ................
(10A)
Location
....................
....................
....................
4, 25, 48,
52, 56, 58,
69, 142.
4, 25, 48,
52, 56, 58,
69, 142.
....................
....................
....................
4, 25, 48,
52, 56, 58,
69, 142.
(10B)
Other
(10)
Vessel stowage
Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
82173
82174
Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
the limited quantity ‘‘Y’’ mark shown in
paragraph (b) of this section if the
package conforms to authorized
substance and article provisions and the
inner and outer package quantity limits
in § 173.27(f) of this subchapter.
(1) Marking description. The top and
bottom portions of the square-on-point
and the border forming the square-onpoint must be black and the center
white or of a suitable contrasting
background as follows:
(2) The square-on-point must be
durable, legible and of a size relative to
the packaging, readily visible, and must
be applied on at least one side or one
end of the outer packaging. The width
of the border forming the square-onpoint must be at least 2 mm and the
minimum dimension of each side must
be 100 mm unless the packaging size
requires a reduced size marking that
must be no less than 50 mm on each
side. When intended for transportation
by vessel, a cargo transport unit (see
§ 176.2 of this subchapter) containing
packages of hazardous materials in only
limited quantities must be marked once
on each side and once on each end of
the exterior of the unit with an identical
mark which must have minimum
dimensions of 250 mm on each side.
(b) Air transport. Except for an article
or substance of Class 7 prepared in
accordance with subpart I of part 173,
a package prepared in accordance with
air-specific limited quantity
requirements prescribed in § 173.27 of
this subchapter and intended for
transportation by air must display the
limited quantity mark prescribed in
paragraph (b)(1) of this section in
addition to other markings required by
this subpart (e.g., ‘‘RQ’’, proper shipping
name, identification number, as
appropriate). Required markings need
not be duplicated if already marked as
prescribed elsewhere in this subpart.
(1) Marking Description. The top and
bottom portions of the square-on-point
and the border forming the square-onpoint must be black and the center
white or of a suitable contrasting
background and the symbol ‘‘Y’’ must
be black and located in the center of the
square-on-point and be clearly visible as
follows:
*
*
*
*
3. Section 172.315 is revised to read
as follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 172.315
Limited quantities.
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(a) Modes other than air transport.
Except for an article or substance of
Class 7 prepared in accordance with
subpart I of part 173, a package prepared
in accordance with applicable limited
quantity requirements in part 173 of this
subchapter and offered for
transportation by a mode other than air
must display the limited quantity
marking shown in paragraph (a)(1) of
this section. A package displaying this
mark is not subject to the marking
requirements of § 172.301 of this
subpart unless the limited quantity
package also contains a hazardous
substance or a hazardous waste.
Required markings need not be
duplicated if already marked as
prescribed elsewhere in this subpart. As
an alternative, a packaging may display
*
(2) The square-on-point must be
durable, legible and of a size relative to
the package as to be readily visible. The
square-on-point must be applied on at
least one side or one end of the outer
packaging. The width of the border
forming the square-on-point must be at
least 2 mm and the minimum
dimension of each side must be 100 mm
unless the package size requires a
reduced size marking that must be no
less than 50 mm on each side.
(c) Limited quantity markings
prescribed in paragraphs (a) and (b) of
this section may use the packaging itself
as the contrasting background for the
center portion of the marking if the
color sufficiently contrasts so that the
black border, top and bottom portions of
the square-on-point, and the ‘‘Y’’
symbol, if applicable, are clearly
recognizable.
(d) Transitional exceptions—(1)
Square-on-point with Identification
Number. Except for transportation by
aircraft and until December 31, 2013, a
package containing a limited quantity
may continue to be marked in
accordance with the requirements of
this section in effect on October 1, 2010
(i.e., square-on-point with Identification
Number) as an alternative to the
marking required by paragraph (a) of
this section. For transportation by
aircraft and until December 31, 2012, a
package containing a limited quantity
may continue to be marked in
accordance with the requirements of
this section in effect on October 1, 2010
(i.e., square-on-point with Identification
Number) as an alternative to the
marking required by paragraph (b) of
this section.
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
(2) ORM–D marked packaging. Except
for transportation by aircraft and until
December 31, 2013, a packaging marked
in accordance with § 172.316 of this
subpart is not required to be marked
with the limited quantity marking
required by paragraph (a) of this section.
For transportation by aircraft and until
December 31, 2012, a packaging marked
in accordance with § 172.316 may not
be marked with the limited quantity
‘‘Y’’ marking required by paragraph (b)
of this section unless it also conforms to
§ 173.27(f).
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
4. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
5. In § 173.27, paragraph (f)(2)(i) is
revised and, in paragraph (f)(3), table 3
is revised to read as follows:
■
§ 173.27 General requirements for
transportation by aircraft.
*
*
*
*
*
(f) * * *
(2) Limited quantities. (i) Unless
otherwise specified in this part, or in
subpart C of part 171 of this subchapter,
when a limited quantity of hazardous
material packaged in a combination
packaging is intended for transportation
aboard an aircraft, the inner and outer
packagings must conform to the
quantity limitations set forth in Table 3
of this paragraph. Substances and
articles must be authorized for
transportation aboard a passengercarrying aircraft (see Column (9A) of the
PO 00000
Frm 00101
Fmt 4700
Sfmt 4700
82175
§ 172.101 Hazardous Materials Table of
this subchapter). As such, not all
unauthorized substances or articles may
be indicated in this section. Unless
otherwise excepted, packages must be
marked and labeled in accordance with
this section and any additional
requirements in subparts D and E,
respectively, of part 172 of this
subchapter. Materials or articles not
authorized as limited quantity by
aircraft are:
(A) Those in Packing Group I;
(B) Class 1 (explosive) material (see
§ 173.63(b) of this part for exceptions
provided to certain articles of Division
1.4S) and Class 7 (radioactive) material
(see §§ 173.421 through 173.425 of this
part, as applicable, for exceptions
provided to certain substances,
instruments or articles of Class 7);
(C) Divisions 2.1 (flammable gas)
(except Aerosols (UN1950) and
Receptacles, small (UN2037) without
subsidiary risk) and Division 2.3 (toxic
gas);
(D) Divisions 4.1 (self-reactive), 4.2
(spontaneously combustible) (primary
or subsidiary risk), and 4.3 (dangerous
when wet) (liquids);
(E) Division 5.2 (organic peroxide)
(except when contained in a Chemical
or First aid kit (UN3316) or Polyester
resin kit (UN3269) (Types D, E and F
non-temperature controlled only));
(F) Class 8 (corrosive) materials
UN2794, UN2795, UN2803, UN2809,
3028; and
(G) All Class 9 (miscellaneous)
materials except for UN1941, UN1990,
UN2071, UN3077, UN3082, UN3316,
UN3334, UN3335, and ID8000.
*
*
*
*
*
(3) * * *
E:\FR\FM\30DER1.SGM
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
82176
Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER AND OUTER PACKAGING FOR MATERIALS AUTHORIZED FOR
TRANSPORTATION AS LIMITED QUANTITY BY AIRCRAFT
Hazard class or
division
Maximum authorized net quantity of each inner
packaging
Maximum authorized
net quantity of each
outer package
Glass, earthenware or
fiber inner packagings
Metal or plastic inner
packagings
Class 1 .......................
Forbidden (See note)
....................................
....................................
Class 2 .......................
....................................
....................................
30 kg Gross ...............
Class 3 .......................
PG I: Forbidden.
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 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* .............
Division 4.2 (Primary
or subsidiary).
Forbidden * .................
....................................
25 kg (net mass) * ......
Division 4.3 (solid material only).
PG I solids and all liquids regardless of
Packing Group: Forbidden.
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 II: 0.1L .................
PG II: 0.1L .................
PG II: 0.5L.
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 1.0L.
PG II: 2.5 kg* .............
PG III: 1.0 kg .............
PG III: 1.0 kg .............
PG III: 10 kg* .............
Division 4.1 (does not
include self-reactive
material).
tkelley on DSK3SPTVN1PROD with RULES
Notes
Division 5.1 (Liquid or
solid material).
Division 5.1 (liquid
material).
Division 5.1 (solid material).
VerDate Mar<15>2010
See § 173.63(b) of this part for exceptions
provided to certain articles of Division
1.4S.
Authorized materials: Aerosols (UN1950) in
Divisions 2.1 and 2.2, and Receptacles,
small (UN2037) in Divisions 2.1 and 2.2
without subsidiary risk and Fuel cells cartridges (UN3478, UN3479), see § 173.230
of this part.
* Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN2924, UN3286) is 0.5L. For Class 3
base materials as part of a Polyester resin
kit (UN3269), see § 173.165 of this part for
additional requirements, as applicable.
Inner packaging limit for UN3269 base
material is 1.0 L. For Fuel cell cartridges
containing flammable liquids (UN3473),
see § 173.230 of this part.
* Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN2924) is 1L and toxic subsidiary risk
(e.g., UN1992) is 2L. For Class 3 base
materials as part of a Polyester resin kit
(UN3269), see § 173.165 of this part for
additional requirements, as applicable.
Inner packaging limit for UN3269 base
material is 1.0 L.
PG I: 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.
* Until December 31, 2012, Charcoal
(NA1361), PG III, may be transported as a
limited quantity and may be renamed Consumer commodity and reclassed ORM-DAIR, if eligible.
* Maximum net quantity per outer package
with toxic subsidiary risk (e.g., UN3134) is
1 kg. For fuel cell cartridges containing
water reactive substances (UN3476), see
§ 173.230 of this part.
* Maximum net quantity per outer package
with corrosive or flammable subsidiary risk
(e.g., UN3131 or UN3132, respectively) is
5 kg.
PG I: Forbidden.
17:50 Dec 29, 2011
Jkt 226001
PO 00000
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* 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.
E:\FR\FM\30DER1.SGM
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82177
TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER AND OUTER PACKAGING FOR MATERIALS AUTHORIZED FOR
TRANSPORTATION AS LIMITED QUANTITY BY AIRCRAFT—Continued
Hazard class or
division
Maximum authorized net quantity of each inner
packaging
Maximum authorized
net quantity of each
outer package
Glass, earthenware or
fiber inner packagings
Metal or plastic inner
packagings
Division 5.2 (liquid
material).
30 mL .........................
30 mL .........................
1 kg ............................
Division 5.2 (solid material).
100g ...........................
100g ...........................
1 kg ............................
Division 6.1 ................
PG I (Inhalation or
otherwise): Forbidden.
PG II: 0.1L .................
PG II: 0.1L .................
PG II: 1.0L* ................
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 2.0L.
PG II: 1.0 kg.
Class 7 .......................
PG III: 1.0 kg .............
Forbidden (See note)
PG III: 1.0 kg .............
....................................
PG III: 10 kg.
....................................
Class 8 .......................
Class 8 (liquid material).
PG I: Forbidden.
PG II: 0.1L .................
PG II: 0.1L .................
PG II: 0.5L .................
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 0.5L ................
PG II: 0.5 kg ..............
PG III: 1.0L.
PG II: 5.0 kg* .............
Class 9 (liquid material).
PG III: 1.0 kg .............
30 mL (UN3316); 5.0L
(UN1941, UN1990,
UN3082).
PG III: 1.0 kg .............
30 mL (UN3316); 5.0L
(UN1941, UN1990,
UN3082).
PG III: 5.0 kg.
1 kg (UN3316); 30 kg
gross (all other authorized Class 9
material).
Class 9 (solid material).
100 g (UN3316); 5.0
kg (UN2071,
UN3077).
100 g (UN3316); 5.0
kg (UN2071,
UN3077).
1 kg (UN3316); 30 kg
gross (all other authorized Class 9
material).
*
*
§ 173.151
Division 6.1 (liquid
material).
Division 6.1 (solid material).
Class 8 (solid material).
*
*
*
6. In § 173.124, the paragraph (b)(2)
heading is revised to read as follows:
■
§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.
*
tkelley on DSK3SPTVN1PROD with RULES
Notes
*
*
*
*
(b) * * *
(2) Self-heating material. * * *
*
*
*
*
*
7. In § 173.151, in paragraph (d), the
third sentence is revised to read as
follows:
■
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
Exceptions for Class 4.
*
*
*
*
*
(d) * * * A limited quantity package
that 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. * * *
*
*
*
*
*
PO 00000
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Sfmt 4700
Authorized materials: Types D, E and F are
authorized only as part of a Chemical or
First aid kit (UN3316) packaged in accordance with § 173.161 of this part or a Polyester resin kit (UN3269) packaged in accordance with § 173.165 of this part. See
§§ 173.161 and 173.165, as applicable, for
additional requirements.
Solid activators of Types D, E and F are limited to 100 g per inner packaging for
UN3316 and UN3269. See §§ 173.161 and
173.165, as applicable, for additional requirements.
* Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN3289) is 0.5L.
See §§ 173.421 through 173.425 of this part,
as applicable, for exceptions provided to
certain substances, instruments or articles
of Class 7.
For ‘‘Fuel cell cartridges containing corrosive
substances’’ (UN3477), see § 173.230 of
this part.
* Maximum net quantity per outer package
for UN2430 is 1.0 kg. UN2794, UN2795,
UN2803, UN2809, UN3028 are not authorized as limited quantity.
Authorized materials: UN1941, UN1990,
UN2071, UN3077, UN3082, UN3334, and
UN3335. Additionally, Consumer commodity (ID8000) in accordance with
§ 173.167 of this part and Chemical kit or
First aid kit (UN3316) in accordance with
§ 173.161 of this part are authorized.
8. In § 173.156, paragraph (b)(1)
introductory text is revised to read as
follows:
■
§ 173.156 Exceptions for limited quantity
and ORM.
*
*
*
*
*
(b) * * *
(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 or, until December
E:\FR\FM\30DER1.SGM
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
§ 173.311
§ 173.306 Limited quantities of
compressed gases.
tkelley on DSK3SPTVN1PROD with RULES
31, 2013, materials classed as ORM–D
when—
*
*
*
*
*
■ 9. In § 173.306:
■ a. In paragraph (a) introductory text,
the second sentence is revised.
■ b. In paragraph (a)(1), the second
sentence is revised.
■ c. In paragraph (a)(3) introductory
text, the second sentence is revised.
■ d. In paragraph (a)(5) introductory
text, the second sentence is revised.
■ e. In paragraph (b) introductory text,
the third sentence is revised.
■ f. In paragraph (b) introductory text,
the fifth sentence is revised.
■ g. Paragraph (h)(2)(i) is revised.
The revisions read as follows:
(a) * * *
(19) Fuel cells used to power portable
electronic devices (e.g., cameras,
cellular phones, laptop computers and
camcorders) and spare fuel cell
cartridges when transported personal
use under the following conditions:
(i) Fuel cells and fuel cell cartridges
may contain only Division 2.1 liquefied
flammable gas, or hydrogen in a metal
hydride, Class 3 flammable liquid
(including methanol), Division 4.3
water-reactive material, or Class 8
corrosive material;
(ii) The quantity of fuel in any fuel
cell or fuel cell cartridge may not
exceed:
(A) 200 mL (6.76 ounces) for liquids;
(B) 120 mL (4 fluid ounces) for
liquefied gases in non-metallic fuel cell
cartridges, or 200 mL (6.76 ounces) for
liquefied gases in metal fuel cell
cartridges;
(C) 200 g (7 ounces) for solids; or
(D) For hydrogen in metal hydride,
the fuel cell cartridges must have a
water capacity of 120 mL (4 fluid
ounces) or less;
(iii) No more than two spare fuel cell
cartridges may be carried by a passenger
or crew member as follows:
(A) Fuel cell cartridges containing
Class 3 flammable liquid (including
methanol) and Class 8 corrosive
material in carry-on or checked baggage;
and
(B) Division 2.1 liquefied flammable
gas or hydrogen in a metal hydride and
Division 4.3 water-reactive material in
carry-on baggage only;
(iv) Fuel cells containing fuel are
permitted in carry-on baggage only;
(v) Fuel cell cartridges containing
hydrogen in a metal hydride must meet
the requirements in § 173.230(d) of this
subchapter;
(vi) Refueling of a fuel cell aboard an
aircraft is not permitted except that the
installation of a spare cartridge is
allowed;
PART 175—CARRIAGE BY AIRCRAFT
11. 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.
12. In § 175.10, paragraph (a)(19) is
revised to read as follows:
■
§ 175.10 Exceptions for passengers,
crewmembers, and air operators.
(a) * * * For transportation by
aircraft, the package must conform to
the applicable requirements of § 173.27
of this subchapter and only packages of
hazardous materials authorized aboard
passenger-carrying aircraft may be
transported as a limited quantity. * * *
(1) * * * Additional exceptions for
certain compressed gases in limited
quantities and the ORM–D hazard class
are provided in paragraph (i) of this
section.
*
*
*
*
*
(3) * * * Additional exceptions for
certain compressed gases in limited
quantities and the ORM–D hazard class
are provided in paragraph (i) of this
section.
*
*
*
*
*
(5) * * * Additional exceptions for
certain compressed gases in limited
quantities and the ORM–D hazard class
are provided in paragraph (i) of this
section.
*
*
*
*
*
(b) * * * For transportation by
aircraft, the package must conform to
the applicable requirements of § 173.27
of this subchapter and only packages of
hazardous materials authorized aboard
passenger-carrying aircraft may be
transported as a limited quantity. * * *
Additional exceptions for certain
compressed gases in limited quantities
and the ORM–D hazard class are
provided in paragraph (i) of this section.
*
*
*
*
*
(h) * * *
(2) Exceptions. (i) For other than
transportation by aircraft, exceptions for
certain compressed gases in limited
quantities and the ORM–D hazard class
are provided in paragraph (i) of this
section.
*
*
*
*
*
■ 10. In § 173.311, the second sentence
is revised to read as follows:
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
Metal hydride storage systems.
* * * Metal hydride storage systems
must be designed, constructed, initially
inspected and tested in accordance with
ISO 16111 (IBR, see § 171.7 of this
subchapter) as authorized under
§ 178.71(m) of this subchapter. * * *
PO 00000
Frm 00104
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Sfmt 4700
(vii) Each fuel cell and fuel cell
cartridge must conform to IEC/PAS
62282–6–1 (IBR; see § 171.7 of this
subchapter) and must be marked with a
manufacturer’s certification that it
conforms to the specification. In
addition, each fuel cell cartridge must
be marked with the maximum quantity
and type of fuel in the cartridge;
(viii) Interaction between fuel cells
and integrated batteries in a device must
conform to IEC/PAS 62282–6–1 (IBR,
see § 171.7 of this subchapter). Fuel
cells whose sole function is to charge a
battery in the device are not permitted;
and
(ix) Fuel cells must be of a type that
will not charge batteries when the
consumer electronic device is not in use
and must be durably marked by the
manufacturer with the wording:
‘‘APPROVED FOR CARRIAGE IN
AIRCRAFT CABIN ONLY’’ to indicate
that the fuel cell meets this requirement.
*
*
*
*
*
13. 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
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 to the 25 kg limitation, an
additional 75 kg (165 pounds) net
weight of Division 2.2 (non-flammable
compressed gas) may be loaded in an
inaccessible manner. The requirements
of this paragraph do not apply to Class
9, ORM–D–AIR and Limited or
Excepted Quantity material.
E:\FR\FM\30DER1.SGM
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
(d) For the purposes of this section—
(1) Accessible means, on passengercarrying or cargo-only aircraft that 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 it
is:
(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 to include packages
loaded where a crew member or other
authorized person cannot 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 inaccessible manner.
(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, PG III (unless the
substance is also labeled CORROSIVE),
Class 6 (unless the substance is also
labeled FLAMMABLE LIQUID (PG II
and III only)), Division 6.2, Class 7
(unless the hazardous material meets
the definition of another hazard class),
Class 9, and those marked as ORM–D–
AIR, Limited Quantity or Excepted
Quantity material.
(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
82179
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 handto-hand signature service provided by
the operator of the aircraft.
(f) At a minimum, quantity limits and
loading instructions in the following
quantity and loading 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) per cargo
compartment
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 (Note 1) .........................
Accessible.
Accessible (Note 2).
Inaccessible (Note 1) .........................
Not applicable ....................................
Accessible (Note 2).
No limit
Note 1: The following materials are not subject to this loading restriction—
a. Class 3, PG III (unless the substance is also labeled CORROSIVE).
b. Class 6 (unless the substance is also labeled FLAMMABLE LIQUID (PG II and III only)).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9, ORM–D–AIR and Limited Quantity or Excepted Quantity material.
Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be accessible include those loaded in a
Class C cargo compartment.
PART 176—CARRIAGE BY VESSEL
14. The authority citation for part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
15. In § 176.905, paragraph (j) is
revised to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
■
§ 176.905 Stowage of motor vehicles or
mechanical equipment.
*
*
*
*
*
(j) Except as provided in § 173.220(f)
of this subchapter, the provisions of this
subchapter do not apply to items of
equipment such as fire extinguishers,
compressed gas accumulators, airbag
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
inflators and the like which are installed
in the vehicle or mechanical equipment
if they are necessary for the operation of
the vehicle or equipment, or for the
safety of its operator or passengers.
DEPARTMENT OF TRANSPORTATION
Issued in Washington, DC, on December
20, 2011, under authority delegated in 49
CFR part 1.
Cynthia L. Quarterman,
Administrator.
Drivers of CMVs: Restricting the Use of
Cellular Phones
[FR Doc. 2011–33358 Filed 12–29–11; 8:45 am]
ACTION:
BILLING CODE 4910–60–P
PO 00000
Frm 00105
Fmt 4700
Federal Motor Carrier Safety
Administration
49 CFR Part 390
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
Final rule; correction.
FMCSA is correcting a Final
Rule that appeared in the Federal
Register on December 2, 2011 (76 FR
75470), which restricted the use of
SUMMARY:
Sfmt 4700
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]]>Agencies
[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82163-82179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33358]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172, 173, 175, and 176
[Docket No. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE76
Hazardous Materials: Harmonization With the United Nations
Recommendations on the Transport of Dangerous Goods: Model Regulations,
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document responds to administrative appeals, provides
clarifications, and corrects typographical and other minor errors
adopted in an international harmonization final rule published January
19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous
Materials Regulations (HMR) by revising, removing or adding proper
shipping names, the hazard class of a material, packing group
assignments, special provisions, packaging authorizations, packaging
sections, air transport quantity limitations, and vessel stowage
requirements. The amendments were necessary to align the HMR with
recent revisions to international standards for the transport of
hazardous materials by all modes.
DATES: Effective Date: January 1, 2012.
Voluntary compliance date: PHMSA is authorizing voluntary
compliance beginning December 30, 2011.
ADDRESSES: For access to the docket to read background documents,
including those referenced in this document, or to read comments
received, go to https://www.regulations.gov at any time and insert
``PHMSA-2009-0126'' in the ``Keyword'' box, and then click ``Search.''
You may also view the docket online by visiting the Docket Management
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t. Monday through Friday,
except Federal holidays.
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) complete Privacy Act
Statement in the Federal Register published on January 17, 2008 (73 FR
3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Michael Stevens, telephone (202) 366-
8553, or Shane Kelley, telephone (202) 366-0656, Standards and
Rulemaking Division, telephone (202) 366-8553, 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. Administrative Appeals Filed in Response to the HM-215K Final
Rule
[[Page 82164]]
A. Use of the Square-on-Point With Identification Number Limited
Quantity Marking
B. Fuel Cell Cartridges
1. Fuel Cell Cartridges Transported as ORM-D by Aircraft
2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying
Aircraft
C. General Requirements for Transportation by Aircraft
D. Self-Reactive Material as a Limited Quantity
III. Clarification of the HM-215K Final Rule
A. Use of the Limited Quantity ``Y'' Marking
B. General Requirements for Transportation by Aircraft
C. Packaging Requirements for Metal Hydride Storage Systems
IV. Section-by-Section Review of Changes
V. Summary of Changes Related to Limited Quantity Material and ORM-D
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. Environmental Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
On January 19, 2011, PHMSA published a final rule under Docket
PHMSA-2009-0126 (HM-215K; 76 FR 3308) that revised the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to align with various
international standards. The final rule adopted amendments to the HMR
regarding hazard communication, hazard classification including packing
group assignment, packaging authorization, air transport quantity
limitations, and various other international harmonization-related
topics. The amendments were necessary to align the HMR with the latest
revisions to the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), the International Maritime Organization's
Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of
Dangerous Goods Regulations (TDG Regulations), and the United Nations
Recommendations on the Transport of Dangerous Goods: Model Regulations
(UN Model Regulations) to facilitate to the seamless transportation of
hazardous materials internationally, to, through and from the United
States.
In this document, PHMSA responds to administrative appeals,
provides clarifications, and corrects typographical and other minor
errors adopted in the January 19, 2011 final rule.
II. Administrative Appeals Filed in Response to the HM-215K Final Rule
In response to the January 19, 2011 final rule, administrative
appeals were submitted by the following companies and organizations:
American Coatings Association (ACA)
Association of Hazmat Shippers, Inc. (AHS)
Dangerous Goods Advisory Council, Inc. (DGAC)
Fuel Cell and Hydrogen Energy Association (FCHEA)
Healthcare Distribution Management Association (HDMA)
International Air Transport Association (IATA)
Patton Boggs, LLP., on behalf of Lilliputian Systems, Inc. (LSI)
PPG Industries (PPG)
Sporting Arms & Ammunition Manufacturer's Institute (SAAMI)
The administrative appeals addressed in this document are discussed
in detail below. Because some of the issues raised by appellants
require notice and public comment under the Administrative Procedure
Act (APA; 5 U.S.C. 553), they are being proposed in a separate notice
of proposed rulemaking (NPRM) under this docket number (PHMSA-2009-
0126; RIN 2137-AE83). For example, FCHEA and LSI requested that PHMSA
revise Sec. 175.10 to align with the ICAO Technical Instructions and
allow spare fuel cell cartridges containing Division 2.1 flammable gas
to be carried in checked baggage. We are also aware of recent actions
taken by the International Civil Aviation Organization's Dangerous
Goods Panel regarding certain lithium ion battery-powered mobility aids
(e.g., wheelchairs, travel scooters) offered by passengers for air
transport. Such actions could affect the outcome of the administrative
appeal submitted by IATA in response to the January 19, 2011 final rule
and, therefore, those actions will also be addressed in the separate
NPRM.
We can, however, in some instances adopt a provision submitted in
an administrative appeal that was inadvertently omitted in the final
rule 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.
A. Use of the Square-on-Point With Identification Number Limited
Quantity Marking
Currently, under Sec. 172.315 of the HMR and except for
transportation by aircraft, a packaging containing a limited quantity
material is not required to be marked with the proper shipping name
when marked with a square-on-point containing the UN identification
(ID) number of the limited quantity material. In the January 19, 2011
final rule, we provided a one-year transition period to authorize
continued use of this marking before the revisions to the limited
quantity markings become effective. ACA, DGAC, and PPG all state the
one-year transition period does not allow sufficient time to deplete
stock(s) of packagings pre-printed with the square-on-point mark
containing the ID number and requested an extension of three- to five-
years. Appellants request that PHMSA provide a transition period
similar to the transition period provided for the phase-out of the ORM-
D marking, depending on the mode of transportation. Appellants also
requested that any transition periods be included in Sec. Sec. 171.14
(transitional provisions) and 172.300 (marking applicability).
PHMSA Response
We agree. Shippers should be provided the same transition period
that authorizes the continued use of the square-on-point mark
containing the UN ID number provided for ORM-D markings. In this
document, we are granting the appeals submitted by ACA, DGAC, and PPG
and revising Sec. 172.315 by extending the transition period, until
December 31, 2013 for other than air transportation. For domestic air
transportation, we are authorizing use of the square-on-point mark
containing the ID number to continue until December 31, 2012 as adopted
in the January 19, 2011 final rule. However, we are not revising
Sec. Sec. 171.14 and 172.300 to include the transition periods because
we believe it is overly duplicative.
B. Fuel Cell Cartridges Aboard Passenger-Carrying Aircraft
In this document, we respond to two administrative appeals related
to the transportation of fuel cell cartridges. The administrative
appeals are discussed as follows:
1. Fuel Cell Cartridges Transported as ORM-D by Air
In the January 19, 2011 final rule, we revised the limited quantity
[[Page 82165]]
requirements for fuel cell cartridges to allow transportation as
``Consumer commodity, ORM-D,'' except when transported by aircraft.
FCHEA states not allowing the transportation by aircraft of fuel
cell cartridges as ORM-D-AIR is inconsistent with the ICAO Technical
Instructions and the UN Model Regulations and claims that the
difference is ``impractical'' from an international trade and
enforcement standpoint. They note there are no safety consequences when
comparing the air transportation of fuel cell cartridges shipped as
limited quantity material and those shipped as ORM-D-AIR. They also
note that fuel cell cartridges are sturdy articles that meet a range of
tests and requirements to ensure they do not pose unreasonable risks in
transportation. FCHEA requests PHMSA to allow fuel cell cartridges to
be transported as ORM-D-AIR by aircraft so that fuel cell technologies
are not placed at a disadvantage compared to other technologies
authorized to be transported by aircraft.
PHMSA response.
We deny FCHEA's administrative appeal that would authorize fuel
cell cartridges to be offered and transported as ``Consumer commodity,
ORM-D-AIR,'' by aircraft. When packages of articles or substances are
renamed ``Consumer commodity'' and are reclassed as ``ORM-D-AIR,'' the
identity and risk posed by the substance or article is no longer
communicated. This is one of the primary reasons the ORM-D-AIR hazard
class is being phased-out by the end of 2012. We believe the
authorization to offer fuel cell cartridges as limited quantities by
passenger-carrying and cargo-only aircraft satisfies the need for the
expedient transportation of such articles, while communicating their
risk, and imposing minimal regulatory burden.
2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying Aircraft
FCHEA's administrative appeal indicated that in addition to the
differences in fuel cell cartridge chemistries authorized in checked
baggage, there are a number of inconsistencies and editorial issues
when comparing Sec. 175.10 and the ICAO Technical Instructions
regarding fuel cell systems and cartridges used to power portable
electronic devices authorized to be carried aboard passenger-carrying
aircraft. They note that over the last several years, revisions to the
ICAO Technical Instructions have made the regulatory language clearer.
FCHEA requests that PHMSA make similar revisions to avoid any potential
confusion between requirements under the HMR and the ICAO Technical
Instructions.
PHMSA response.
We agree. Thus, we are granting FCHEA's administrative appeal to
editorially revise Sec. 175.10(a)(19) to be consistent with language
in 8; 1.1.2 (t) of the ICAO Technical Instructions. This clarification
does not, however, revise current HMR provisions regarding such
articles and is entirely editorial in nature.
C. General Requirements for Transportation by Aircraft
As adopted in the January 19, 2011 final rule, the general air
packaging requirements for combination packagings prohibit Class 1
(explosive) and Class 7 (radioactive) material to be offered for
transportation as limited quantity material by aircraft. See 76 FR
3369. In their administrative appeal, DGAC and SAAMI state this is
inconsistent with other provisions in the HMR that allow the
transportation of these materials by aircraft, specifically, Sec. Sec.
173.421 through 173.425 for limited quantity radioactive material,
instruments, and articles and Sec. 173.63(b) for certain Division 1.4S
explosive articles. DGAC and SAAMI request that PHMSA revise the list
of prohibited hazardous material and articles and Table 3 in Sec.
173.27(f) to clarify that Class 1 (explosive) material conforming to
Sec. 173.63(b) and Class 7 (radioactive) material conforming to
Sec. Sec. 173.421 through 173.425, as applicable, are authorized for
transportation by aircraft. Additionally, DGAC requests UN3334
(``Aviation regulated liquid, n.o.s.'') and UN3335 (``Aviation
regulated solid, n.o.s.'') be added to the list of Class 9
(miscellaneous hazard) material as the substances are currently
authorized as limited quantity material under the Sec. 173.155
exceptions for Class 9 material and for consistency with the ICAO
Technical Instructions.
PHMSA response.
We agree. DGAC and SAAMI are correct, and we are therefore granting
their administrative appeals by revising Sec. 173.27(f) to reflect
current regulations that authorize the shipment of these substances and
articles by aircraft. We want to point out that although certain Class
1 and Class 7 materials are indicated as eligible for air transport in
Sec. 173.27(f), such indication is provided for informational purposes
to aid readers in indentifying the appropriate packaging and other
regulatory provisions for such materials. For example, packages of such
materials are not marked with the limited quantity ``Y'' mark
prescribed in Sec. 172.315 but rather as prescribed in Sec. Sec.
173.63 and 173.421 through 173.425, as appropriate.
D. Self-Reactive Material as a Limited Quantity
In the UN Model Regulations, certain Division 4.1 self-reactive
materials are authorized limited quantity exceptions. Currently, the
HMR do not authorize such exceptions. AHS appealed to PHMSA to include
a limited quantity exception for the material ``Self-reactive solid,
Type F, UN3230.'' AHS notes that they filed a petition for rulemaking
in 2009 (P-1542), to which PHMSA replied by stating that the petition
merited rulemaking action and that it would be addressed in the January
19, 2011 final rule.
PHMSA response.
We recognize the merits of AHS's appeal and petition for
rulemaking, but are denying AHS's administrative appeal because it is
beyond the scope of this rulemaking. To accommodate the federally
mandated requirement for notice and comment during a significant
rulemaking action, the petition must be presented under a notice of
proposed rulemaking to allow for comment by all interested parties. We
regret the unintentional omission of a proposal in the NPRM for a
limited quantity exception for ``Self-reactive solid, Type F, UN3230''
and for adoption under the January 19, 2011 final rule. We fully intend
to include a proposal for this material as a broader effort to revise
the packaging requirements for all eligible self-reactive materials in
a near-term rulemaking action.
III. Clarification of the HM-215K Final Rule
A. Use of the Limited Quantity ``Y'' Marking
In the January 19, 2011 final rule, we adopted new limited quantity
markings consistent with the ICAO Technical Instructions, IMDG Code,
and the UN Model Regulations to include a limited quantity ``Y''
marking for display on packagings prepared for air transportation. In
their administrative appeals, ACA and DGAC ask for a clearer indication
of when this new marking may be used in modes of transportation by
other than aircraft. They note PHMSA's consideration in the January 19
final rule of a comment stating that the limited quantity ``Y'' marking
should be authorized for use in all modes of transportation if
displayed on a packaging that meets all conditions and requirements for
air transportation. See 76 FR 3313. Additionally, on the
[[Page 82166]]
basis of their opposition to adoption of the air transport requirements
for limited quantities consistent with the ICAO Technical Instructions,
DGAC recommends that:
The ``Y'' package mark [proposed] in Sec. 172.315 not be
required * * * [and] recommend that [PHMSA] allow permissive use of
the ``Y'' mark for all modes of transport when the package meets the
relevant requirements of the ICAO TI.
We agreed with the DGAC recommendation that a ``Y'' marked package
in full conformance with the air transport provisions prescribed for a
limited quantity package should be authorized in all modes of
transportation and also stated we would revise Sec. 171.22
accordingly. Although we indicated our intent to revise Sec. 171.22,
which prescribes the authorization and conditions for use of
international standards, we inadvertently failed to amend the
corresponding regulatory text of the section. In its administrative
appeal, ACA also requests that PHMSA amend this section to indicate the
limited quantity ``Y'' marking is authorized for use in all modes of
transportation. Further, DGAC suggests that we revise Sec. 172.315 to
include language authorizing the use of this marking by modes other
than air.
PHMSA response.
We agree. Our indication in the final rule to revise Sec. 171.22
was in error as that section prescribes the authorization to use the
various international standards. Regardless, we clearly indicated in
the preamble of the final rule that the display of a ``Y'' marking on
limited quantity package that is not intended for transportation by
aircraft is authorized. Thus, because a limited quantity package
prepared for air transportation by default is authorized by all modes
of transportation, the administrative appeals requesting that PHMSA
align with the international standards are hereby granted. See the
Section-by-Section review of changes for a full discussion of the Sec.
172.315 revisions and requirements.
B. General Requirements for Transportation by Aircraft
In the January 19, 2011 final rule, we revised the Sec. 173.27
general requirements for transportation of packagings by aircraft.
Specifically, we revised paragraph (f) by including a new Table 3 that
prescribes the requirements for authorized limited quantity material
intended for air transportation consistent with the 2011-2012 ICAO
Technical Instructions, where appropriate.
AHS notes that PHMSA included ``Consumer commodity, ID8000'' as
authorized Class 9 material but failed to revise paragraph (f)(2)(i)(G)
for Class 9 material not authorized as limited quantity material by
aircraft. As indicated by AHS, ``Consumer commodity, ID8000'' may be
shipped as limited quantity material by aircraft, thus ``ID8000''
should be added to the list of materials excepted from the Class 9
prohibition in paragraph (f)(2)(i)(G).
PHMSA response.
We agree. In this final rule, we are revising Sec.
173.27(f)(2)(i)(G) to include ``ID8000'' as a material excepted from
the Class 9 prohibition. In addition, for clarification, we are
revising Table 3 to indicate that the note associated with Class 9
liquid material applies to both liquid and solid material.
C. Packaging Provisions for Metal Hydride Storage Systems
In the January 19, 2011 final rule, we added a new section, Sec.
173.311, for packaging requirements for ``Metal hydride storage
systems, UN3468'' used for the transport of hydrogen. Prior to the
January 19, 2011 final rule, the HMR did not prescribe methods for the
construction, qualification, marking, and requalification of these
systems although we issued a number of special permits and competent
authority approvals (CAA) to allow the manufacture and use of similar
systems for the transport of hydrogen.
In a January 24, 2011 request for clarification, Ovonic Hydrogen
Systems, LLC (OHS) expresses concern that the new Sec. 173.311
requires transportable metal hydride storage systems to meet ISO
Standard 16111:2008 (ISO 16111) which does not recognize the storage
canisters manufactured by OHS under its currently-held CAA.
Specifically, OHS manufactures storage canisters based on refillable
aluminum cylinders designed, constructed, and tested to DOT 3AL
specifications. Instead, ISO 16111 requires the use of aluminum
cylinders constructed and tested to ISO 7866 specifications. Testing
and marking requirements under ISO 7866 differ from testing and marking
requirements for DOT 3AL specifications and OHS states its storage
canisters are non-compliant as a result.
PHMSA response.
We disagree with OHS's assertion. The adoption of packaging
requirements for metal hydride storage systems in Sec. 173.311 does
not invalidate any active special permits or CAAs authorizing the
transportation of hydrogen in ``metal hydride storage canisters.'' When
a special permit or CAA expires and is not renewed, systems must
conform with the Sec. 173.311 requirements for metal hydride storage
systems to include the requirements of ISO 16111. Special permits
issued by the Associate Administrator authorize the transportation of
hazardous material and packaging within the United States only.
International regulatory agencies may not recognize a special permit
granted by PHMSA. However, metal hydride storage canisters designed,
constructed, and otherwise conforming to requirements authorized under
a CAA issued by PHMSA should be honored by other competent authorities
worldwide as a valid alternative to ISO 16111.
IV. Section-by-Section Review of Changes
Part 172
Section 172.101
This section provides a hazardous materials table that identifies
listed materials as hazardous material for purposes of transportation.
For the table entry ``Calcium hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures, with not less than 5.5 percent but not
more than 16 percent water, UN2880,'' the PG III information was
inadvertently removed. Under a final rule published December 29, 2006
(HM-215I, 71 FR 78596), we revised the PG II information to remove
Special provision 166. However, the instruction to revise this entry
did not include the PG III information and, therefore, it was
inadvertently removed from the 49 CFR. In this document, we are
revising the entry to add the PG III information to the entry to
reflect the correct descriptions for this entry. This correction reads
as a ``remove/add.''
For the table entry ``Tellurium compound, n.o.s., UN3284,''
effective October 1, 2010, we inadvertently added the term ``solid'' to
the proper shipping name to read ``Tellurium compound, solid, n.o.s.''
in the January 19, 2011 final rule. In this document, we are revising
the proper shipping name to remove the term ``solid.'' This correction
reads as a ``remove/add.''
Section 172.315
This section prescribes the requirements for marking packages
containing limited quantity material. Based on administrative appeals
submitted in response to the January 19, 2011 final rule (HM-215K; 76
FR 3308), and numerous requests for clarification of the limited
quantity marking requirements, we are revising Sec. 172.315 to
authorize continued use of the limited quantity marking (i.e., square-
[[Page 82167]]
on-point and Identification Number) prescribed in Sec. 172.315, in
effect on October 1, 2010, for the same duration offered for continued
use of the ORM-D-AIR and ORM-D markings, December 31, 2012 and December
31, 2013, respectively. For transportation by aircraft, the hazard
class label (when applicable) and proper shipping name marking are
still required. Additionally, we are revising Sec. 172.315 to allow
marking of a limited quantity package not intended for transportation
by air with the limited quantity ``Y'' marking if the packaging is
prepared in accordance with Sec. 173.27(f) indicating it is suitable
for transportation as a limited quantity package by aircraft. A ``Y''
marked package transported by a mode other than air indicates the
package would be suitable for air transport if marked, labeled and
accompanied by a shipping paper and is otherwise packaged in accordance
with 3; 4 of the ICAO Technical Instructions as limited by subpart C of
Part 171 and Part 175 of the HMR or Sec. 173.27(f) and Part 175 of the
HMR.
In the January 19 final rule, we erroneously adopted limited
quantity marking requirements applicable to cargo transport units (CTU)
containing packages of hazardous materials in only limited quantities.
We erred by stating the marking must be applied to only one side and
one end of the CTU when we should have required the marking on all four
exterior sides of the CTU consistent with 3.4.5.5 of the IMDG Code. In
this document, we are correcting that error in Sec. 172.315. Finally,
we are reorganizing the format of the language used in this section
solely for editorial clarification.
Section 173.27
This section prescribes general requirements for the transportation
of hazardous material by aircraft. Based on appeals and requests for
clarification, in this document we are revising Sec. 173.27(f).
Specifically, we are revising paragraph (f)(2) and Table 3 in paragraph
(f) by adding materials currently authorized elsewhere in the HMR and
to provide additional clarification regarding those hazardous materials
and articles eligible for transport by aircraft under the conditions
prescribed in this paragraph. The authorized hazardous materials and
articles added and referenced are as follows: (1) Class 1 (explosive)
articles in accordance with Sec. 173.63(b); (2) Class 7 (radioactive)
material in accordance with applicable Sec. Sec. 173.421 through
173.425; and (3) ``Aviation regulated liquid, n.o.s., UN3334,''
``Aviation regulated solid, n.o.s., UN3335,'' and ``Consumer commodity,
ID8000.'' As stated earlier in this preamble, although certain Class 1
and Class 7 materials are indicated as eligible for air transport in
Sec. 173.27(f), because they do not meet guiding principles
established for limited quantities such indication is provided for
informational purposes to aid readers in identifying the appropriate
packaging and other provisions for such materials. For example,
packages of Class 7 are not marked with the limited quantity ``Y'' mark
prescribed in Sec. 172.315 but rather as prescribed in 173.421 through
173.425, as appropriate.
Section 173.124
Section 173.124 defines a Class 4 material. For consistency with a
revision adopted in the UN Model Regulations, PHMSA amended the
definition of ``self-heating'' in Sec. 173.124(b)(2) of the HMR in the
January 19 final rule. In this document, PHMSA is correcting the
typographical error in the heading of the definition.
Section 173.151
Section 173.151 prescribes exceptions for a Class 4 material.
Paragraph (d) prescribes exceptions for Division 4.3 solid material of
Packing Groups II and III. The HMR do not authorize limited quantity
packages of such substances to be reclassified as ORM-D or to be
renamed ``Consumer commodity.'' In the January 19, 2011 final rule,
PHMSA inadvertently revised the third sentence of paragraph (d) to
extend the additional exceptions for limited quantities and ORM in
Sec. 173.156 to Division 4.3 substances, when no such authorization
prior to this rulemaking existed nor was it considered in this
rulemaking due to the obvious risk to transportation safety. Therefore,
in this final rule, PHMSA is removing the reference to Sec. 173.156 in
the third sentence of Sec. 173.151(d).
Section 173.156
Section 173.156 provides additional exceptions for limited quantity
and ORM packages. In the January 19, 2011 final rule, PHMSA
unintentionally amended paragraph (b)(1) by requiring the marking of
such packages in accordance with subpart D of part 172. In this final
rule, PHMSA is amending Sec. 173.156(b)(1) by removing the requirement
to mark such packages. Because paragraph (b)(2) authorizes the common
carriage of such packages, the marking requirements that existed prior
to the January 19, 2011 final rule will remain as adopted.
Section 173.306
Section 173.306 prescribes requirements for limited quantity of
compressed gases. In this document, we are revising certain paragraphs
for clarification of requirements adopted in the final rule and to
correct minor grammatical errors.
Section 173.311
This section specifies packaging instructions for hydrogen in metal
hydride storage systems. The January 19, 2011 final rule incorrectly
refers to ISO standards in Sec. 178.71(f) that apply to the design and
construction of UN refillable welded cylinders rather than Sec.
178.71(m) for the design and construction of UN metal hydride storage
systems. In this final rule, we are revising the section to correctly
refer to Sec. 178.71(m).
Part 175
Section 175.10
Section 175.10 prescribes the conditions under which a passenger,
crew member, or an operator may carry hazardous materials aboard a
passenger-carrying aircraft. In response to FCHEA's administrative
appeal, in this final rule we are editorially revising the language in
Sec. 175.10(a)(19) for the carriage of fuel cell systems and fuel cell
cartridges for consistency with the ICAO Technical Instructions. These
revisions do not amend the fuel cell cartridge chemistries authorized
in checked baggage as adopted in the January 19 final rule.
Section 175.75
Section 175.75 prescribes quantity limitations and cargo location
requirements for hazardous materials transported by aircraft. In this
document, we are revising for clarification the definition of
``Inaccessible'' in paragraph (d)(2) to mean any package that is loaded
where a crew member or other authorized person cannot 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 inaccessible manner.
This definition is consistent with the defined term ``Accessible'' and
is revised for clarification only. Additionally, PHMSA is revising the
heading in the third column of the paragraph (f) Quantity and Loading
Table for clarity by adding the words ``per cargo compartment.'' Since
issuing the January 19 final rule, we have fielded numerous inquiries
regarding whether the limitation was now ``per
[[Page 82168]]
aircraft'' as opposed to ``per compartment.'' Additionally, we are
correcting the error in Note a. of the table as published in the
January 19 final rule. Notwithstanding the correction made to Note a.
of the Sec. 175.75(f) table, we want to emphasize the revisions made
in this document to Sec. 175.75 are for editorial clarification only.
Part 176
Section 176.905
This section specifies requirements for vessel transport of motor
vehicles and equipment. In this final rule, we are revising paragraph
(j) to refer to the correct section paragraph regarding items of
equipment containing hazardous materials, specifically, Sec.
173.220(f), that are integral components of a motor vehicle, engine or
mechanical equipment.
V. Summary of Changes Regarding Limited Quantity Material and ORM-D
In an effort to clarify the amendments to the HMR associated with
the transition from the domestic ORM-D system for transportation of
limited quantity material to the international system, we offer the
following:
Applicability of the ORM-D System
--Until December 31, 2013, shippers may continue to rename a limited
quantity hazardous material as a ``Consumer commodity, ORM-D'' (see
Sec. 171.8), as authorized in the appropriate packaging exception for
the material. Beginning January 1, 2014, limited quantity hazardous
material will no longer be authorized the ``Consumer commodity'' proper
shipping name except those eligible and prepared for shipment by
aircraft in accordance with Sec. 173.167 and using the newly adopted
identification number ``ID8000.'' Such packages are eligible for
transportation by all modes but must be marked with the limited
quantity ``Y'' mark prescribed in Sec. 172.315(b) indicating the
package is suitable for air transportation.
--Until December 31, 2013, shippers may continue to reclass limited
quantity hazardous material as ``Other Regulated Material'' otherwise
known as ORM-D. Limited quantity material reclassed as ORM-D and
transported by modes other than air may continue to be prepared and
packaged in accordance with the appropriate packaging exceptions for
the hazardous material (e.g., Sec. 173.150 for a Class 3 flammable
liquid substance), and be transported in a package displaying the ORM-D
marking. Until December 31, 2012, shippers may continue to ship ORM-D-
AIR by aircraft. Until such time, ORM-D offered for shipment by
aircraft may continue to be prepared and packaged in accordance with
the requirements of Sec. 173.27 in effect October 1, 2010, and
transported in packages displaying the ORM-D-AIR marking.
--Until December 31, 2013, shippers may continue to display the limited
quantity marking (i.e., the square-on-point and identification number)
on a package containing limited quantity material in accordance with
Sec. 172.315 in effect October 1, 2010.
Use of the New Limited Quantity Markings
--Beginning January 1, 2014, for modes of transportation other than
air, shippers of limited quantity material must display the limited
quantity marking adopted in Sec. 172.315 under the January 19, 2011
final rule (i.e., the square-on-point with top and bottom portion black
and the center white). See illustration below.
--Beginning January 1, 2013, for transportation by air, shippers of
limited quantity material must display the limited quantity ``Y''
marking adopted in Sec. 172.315 under the January 19, 2011 final rule.
See illustration below.
Clarification of Limited Quantity Marking Requirements
--A limited quantity package should not display both an ORM-D or ORM-D-
AIR marking and one of the new limited quantity markings, as this may
only serve to frustrate a shipment while in transportation. Such dual
markings are only authorized during the transition period. Once the
transition period expires (December 31, 2012 or December 31, 2013), the
ORM-D or ORM-D-AIR marking must be covered, obliterated, or otherwise
obstructed from view.
[GRAPHIC] [TIFF OMITTED] TR30DE11.003
[[Page 82169]]
Table of Potential Limited Quantity Packaging Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized? If Mandatory? If Shipping papers PSN and ID number
Packaging scenario authorized, when? mandatory, when? Label(s) required? required? marking required? Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
ORM-D Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked ORM-D Yes, until No................ No................ No. Unless a No................ A shipper may
transported by modes other than December 31, hazardous waste, voluntarily mark
air. 2013. hazardous instead with the
substance or new limited
marine pollutant. quantity markings
illustrated
above. See also
``Limited
Quantity
Packaging''
below.
Packaging marked ORM-D No. ..................
transported by air.
Packaging marked ORM-D-AIR Yes, until, No................ No................ No. Unless a No................ A shipper may
transported by modes other than December 31, hazardous waste, voluntarily mark
air. 2012. hazardous instead with the
substance or new limited
marine pollutant. quantity markings
illustrated
above. See
Limited Quantity
Packaging below.
A shipper marking
a package with
ORM-D-Air must
ensure the
packaging meets
the requirements
of
Sec. 173.27
effective October
1, 2010 even if
the package is
not transported
by air.
Packaging marked ORM-D-AIR Yes, until, No................ No................ Yes............... Yes. ..................
transported by air. December 31,
2012.
Packaging marked ORM-D/ORM-D-AIR For ORM-D: Yes.... .................. .................. .................. .................. The limited
also marked with one of the new For ORM-D-AIR: No. quantity ``Y''
limited quantity markings. mark indicates
the
package conforms
to Sec.
173.27(f)
effective January
1, 2012. Although
it may not be
specifically
prohibited, we
recommend that
packages not
display both
types of surface
limited quantity
markings to avoid
confusion and
frustration of
shipment during
the course of
transportation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 82170]]
Limited Quantity Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked with a square- Yes, until, No................ No................ No................ See note.......... Proper shipping
on-point containing the ID December 31, name not required
transported by modes 2013. to be marked when
other than air. packaging is
marked with a
square-on-point
containing the UN
ID .
Packaging marked with a square- Yes, until, No................ Yes............... Yes............... Yes............... Proper shipping
on-point containing the UN ID December 31, name is required
transported by air. 2012. to be marked when
packaging is
marked with a
square-on-point
containing the UN
ID .
Packaging marked with a surface Yes............... Yes, beginning No................ No. Unless a No. Unless a Voluntary
LQ marking transported by modes January 1, 2014. hazardous waste, hazardous waste compliance
other than air. hazardous or hazardous authorized as of
substance or substance. January 1, 2011.
marine pollutant. Identification
number not
required.
Packaging marked with a standard No. ..................
LQ marking transported by air.
Packaging marked with an LQ Yes............... No................ No................ No. Unless a No. Unless a A shipper marking
``Y'' marking transported by hazardous waste, hazardous waste a package with an
modes other than air. hazardous or a hazardous LQ ``Y'' marking
substance or substance. must ensure the
marine pollutant. packaging meets
the requirements
of Sec.
173.27(f)
effective January
1, 2011 even if
the package is
not transported
by air.
Identification
number not
required.
Packaging marked with an LQ Yes............... Yes, beginning Yes............... Yes............... Yes............... Voluntary
``Y'' marking transported by January 1, 2013. compliance
air. authorized as of
January 1, 2011.
Packaging marked with a square- No. ..................
on-point containing the UN ID
and also marked with
one of the new limited quantity
markings or any combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule responds to administrative appeals submitted in
response to final rule HM-215K (January 19, 2011; 76 FR 3308), provides
editorial clarification and corrects minor errors associated with the
final rule.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure
[[Page 82171]]
that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities.
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034]. Additionally, E.O. 13563 supplements and
reaffirms E.O. 12866, stressing that, to the extent permitted by law,
an agency rulemaking action must be based on benefits that justify its
costs, impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives. The revisions adopted in this final rule do not alter the
cost-benefit analysis and conclusions contained in the Regulatory
Evaluation prepared for the January 19, 2011 final rule. The Regulatory
Evaluation is available for review in the public docket for this
rulemaking.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), and
the President's memorandum on ``Preemption'' published in the Federal
Register on May 22, 2009 (74 FR 24693). This final rule preempts State,
local and Indian tribe requirements but does not propose any regulation
that has substantial direct effects on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements for certain
subjects. The subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses all the covered subject items above and
preempts State, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. This final rule is necessary to
incorporate revisions to the HMR based on administrative appeals
submitted in response to the January 19, 2011 final rule, effective
January 1, 2011. Federal hazardous materials transportation law
provides at section 5125(b)(2) that, if DOT issues a regulation
concerning any of the covered subjects, DOT must determine and publish
in the Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. The effective date of Federal preemption is March 29,
2012.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
response to appeals and revisions contained in this final rule will
have little or no negative effect on the regulated industry. Based on
the assessment in the Regulatory Evaluation to the January 19, 2011
final rule, I hereby certify that, while this rule applies to a
substantial number of small entities, there will not be a significant
economic impact on those small entities. A detailed Regulatory
Flexibility analysis is available for review in the docket.
F. Paperwork Reduction Act
This final rule imposes no new information collection requirements.
G. Regulatory Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the January 19, 2011 final rule,
we developed an assessment to determine the effects of these revisions
on the environment and whether a more comprehensive environmental
impact statement may be required. Our findings conclude that there are
no significant environmental impacts associated with this final rule.
Consistency in the regulations for the transportation of hazardous
materials aids in shippers' understanding of what is required and
permits shippers to more easily comply with safety regulations and
avoid the potential for environmental damage or contamination. For
interested parties, an environmental assessment was included with the
January 19, 2011 final rule available in the public docket.
Additionally, we conclude that there are no significant environmental
impacts associated with the amendments adopted in this document
regarding the administrative appeals submitted in response to the
January 19 final rule.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments
[[Page 82172]]
received into any of our dockets by the name of the individual
submitting the document (or signing the document, if submitted on
behalf of an association, business, labor union, etc.). You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477) or you may visit https://www.dot.gov/privacy.html.
K. International Trade Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we have assessed the effects of the final rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.
List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
0
2. In Sec. 172.101, The Hazardous Materials Table is amended by
removing those entries under [REMOVE] and adding entries under [ADD] to
read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
[[Page 82173]]
Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Hazard Special ------------------------------------------------------ Sec. Sec. 173.27 and 175.75) -----------------------------
Symbols descriptions and class or Identification PG Label codes provisions (Sec. -----------------------------------
proper shipping division Nos. 172.102) Exceptions Non-bulk Bulk Passenger Cargo air-
