FR Doc E8-16579

[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Proposed Rules]
[Page 44803-44862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-20]

[[Page 44803]]

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Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 171, 172, 173, et al.

Hazardous Materials: Revision to Requirements for the Transportation of
Batteries and Battery-Powered Devices; and Harmonization With the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions; Proposed Rule

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, and 178

[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE31

Hazardous Materials: Revision to Requirements for the
Transportation of Batteries and Battery-Powered Devices; and
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods.
The proposals include amendments and clarifications addressing the
safe transportation of batteries and battery-powered devices.
Consistent with recent changes to the International Civil Aviation
Organization's Technical Instructions, PHMSA is proposing to clarify
the prohibition against transporting electrical devices, including
batteries and battery-powered devices that are likely to create sparks
or generate a dangerous amount of heat. PHMSA also is proposing to
modify and enhance requirements for the packaging and handling of
batteries and battery-powered devices, particularly in air commerce, to
emphasize the safety precautions that are necessary to prevent
incidents during transportation. PHMSA developed these proposals in
conjunction with the Federal Aviation Administration in order to
enhance the safe transportation of batteries and battery-powered
devices.

DATES: Comments must be received by September 29, 2008.

ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2008-
0005 (HM-215J) or RIN 2137-AE31 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.regulations.gov.
Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or Charles Betts,
Office of Hazardous Materials Standards, telephone (202) 366-8553, or
Shane Kelley, International Standards, telephone (202) 366-0656,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington,
DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background
II. Transportation of Batteries and Battery-Powered Devices
A. Current Regulatory Requirements
B. Accident/Incident History
C. Recent Actions To Enhance Battery Safety
D. Proposals To Enhance the Safe Transportation of Batteries
III. Additional Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis

I. Background

By final order published December 21, 1990 (Docket HM-181; 55 FR
52402), we comprehensively revised the Hazardous Materials Regulations
(HMR; 49 CFR parts 171 to 180) to harmonize U.S. requirements with the
United Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations). The UN Recommendations are not regulations, but
rather are recommendations issued by the UN Committee of Experts on the
Transport of Dangerous Goods (TDG) and the Globally Harmonized System
of Classification and Labelling of Chemicals (GHS). These
recommendations are amended and updated biennially by the TDG and serve
as the basis for national, regional, and international modal
regulations, including the International Maritime Organization's
International Maritime Dangerous Goods Code (IMDG Code) and
International Civil Aviation Organization Technical Instructions (ICAO
TI) for the Transport of Dangerous Goods by Air.
Since publication of the 1990 rule, we have issued seven additional
international harmonization rules (Dockets HM-215A, 59 FR 67390; HM-
215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E,
68 FR 44992; HM-215G, 69 FR 76044; and HM-215I, 71 FR 78595) based on
the corresponding biennial updates of the UN Recommendations, the IMDG
Code, and the ICAO TI.
To maintain alignment of the HMR with international requirements,
in this NPRM, we are proposing to incorporate

[[Page 44805]]

changes based on the Fifteenth revised edition of the UN
Recommendations, Amendment 34 to the IMDG Code, and the 2009-2010 ICAO
TI which become effective January 1, 2009.
Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards in order to promote safety or other overriding public
interest, but otherwise requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see 49 U.S.C. 5120). Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States and
becomes increasingly important as the volume of hazardous materials
transported in international commerce grows. By facilitating
compliance, harmonization also tends to enhance safety for
international movements, but only if the international standards
themselves provide an appropriate level of safety. To that end, PHMSA
actively participates in the development of international standards for
the transportation of hazardous materials, frequently advocating the
adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the HMR,
we review and consider each amendment on its own merit. Each amendment
is considered on the basis of its overall impact on transportation
safety and the economic implications associated with its adoption into
the HMR. Our goal is to harmonize without diminishing the level of
safety currently provided by the HMR and without imposing undue burdens
on the regulated public.

II. Transportation of Batteries and Battery-Powered Equipment, Articles
and Devices

A. Current Regulatory Requirements

The most significant proposals in this NPRM address the
transportation of batteries and battery-powered devices. Currently
batteries and battery-powered devices are subject to a number of
requirements in the HMR. Most importantly, the HMR restrict the
transportation of electrical devices, including batteries and battery-
powered devices, that are likely to create sparks or generate a
dangerous amount of heat that could cause fire, smoke, or otherwise
adversely affect the packaging material or means of conveyance. These
batteries and battery-powered devices are forbidden from transportation
unless packaged in a manner that prevents such an occurrence (Sec.
173.21(c)). Additionally, the following types of batteries are subject
to packaging and hazard communication requirements:
Wet (electric storage) batteries (Sec. 173.159);
Batteries containing sodium (Sec. 173.189);
Lithium cells and batteries (Sec. 173.185);
Solid potassium hydroxide batteries (Sec. 173.213); and
Battery-powered vehicles and equipment (Sec. 173.220).
These requirements primarily address the hazards posed by the
chemicals contained in the batteries as opposed to the stored
electrical energy. For instance, wet cell batteries are required to be
packaged in a manner to prevent leakage of the corrosive battery fluid
in the event of an accident. The electrical hazard of the battery is
addressed through general requirements to prevent short-circuiting, and
the general prohibition on transporting such devices without proper
protection and packaging (Sec. 173.21(c)). But the HMR currently
prescribes no separate or unique classification for identifying
materials that present a hazard in transport based on their stored
electrical energy. This proposed rule will address the electrical
hazards posed by batteries and battery-powered devices by enhancing
packaging and hazard communication requirements.

B. Accident/Incident History

A growing number of incidents involving batteries and battery-
powered devices transported by aircraft (see Section II.B) has
highlighted the transportation safety risks. Additionally, several
factors are contributing to a heightened concern for the future
transport of these devices, with particular attention to the risk
onboard aircraft, including: (1) The increasing number of batteries and
battery-powered portable and handheld devices (e.g., laptops, cellular
phones, etc.) carried by airline passengers and otherwise transported
in commerce; (2) the development and use of batteries with extended
operating life and greater stored energy; and (3) the increasing number
of counterfeit batteries in distribution and use. If not adequately
protected from damage, short circuiting or, for devices containing
batteries, inadvertent activation, batteries and battery-powered
devices of all types can create or cause sparks or a dangerous amount
of heat for extended periods, and in some cases, cause a fire. Cargo
fires are a significant hazard in all modes of transportation and can
have particularly catastrophic results in air transportation. If
located aboard an aircraft during flight, inadequately protected
batteries and battery-powered devices can pose a significant threat to
the safety of people, property, and the environment.
PHMSA and the Federal Aviation Administration (FAA) are aware of
more than 90 incidents involving batteries or battery-powered devices
in air transportation since 1996 that produced smoke, fire or a
dangerous amount of heat. These incidents have occurred either on board
an aircraft in cargo, checked, or carry-on baggage, or in ground
transport facilities associated with air transportation. Many of these
incidents involved shipments of batteries as cargo. The remainder
involved shipments of electrically powered vehicles, equipment, or
apparatus containing batteries. Since most batteries are excepted from
the incident reporting requirements in the HMR, it is likely there have
been additional incidents in all modes of transportation that were not
reported.
One major injury and several minor injuries were reported from
these incidents. In some cases, the property damage and business
interruption costs resulting from the incidents were significant. Most
incidents occurred or were discovered on the ground in air transport
facilities or vehicles. Three incidents occurred in flight on passenger
and cargo planes, resulting in emergency landings or flight plan
diversions.

C. Recent Actions To Enhance Battery Safety

In response to these incidents, PHMSA's predecessor agency (the
Research and Special Programs Administration) issued a public advisory
on July 7, 1999 (64 FR 36743), reminding the transportation industry
and public that batteries and electric devices that contain batteries
are forbidden for transport unless properly packaged to prevent the
creation of sparks or generation of a dangerous amount of heat (Sec.
173.21). The FAA issued safety advisories to the airline industry on
July 2, 1999, and again on May 23, 2002.
In response to a series of incidents involving batteries carried by
airline passengers, PHMSA initiated a campaign to educate the public
about ways to reduce the risks posed in the transportation of batteries
and battery-

[[Page 44806]]

powered devices. The campaign included establishing a dedicated Web
page for air travelers and developing a battery safety guide that
includes safety measures and tips for the general public, for
distribution at airports, in retail outlets, and through electronic
media. As part of our battery safety campaign, we recommended various
practical measures for complying with the regulations and reducing
transportation risks. Recommended practices include keeping batteries
installed in electronic devices; packing spare batteries individually
in carry-on baggage; keeping spare batteries in their original retail
packaging; separating batteries from other metallic objects, such as
keys, coins and jewelry; securely packing battery-powered devices in a
manner to prevent accidental activation; and ensuring batteries are
undamaged and purchased from reputable sources. On March 26, 2007,
PHMSA issued a safety advisory notice (72 FR 14167) to further inform
the traveling public and airline employees about the importance of
properly packing and handling batteries and battery-powered devices
when they are carried on board an aircraft.
We have also initiated a comprehensive strategy aimed at reducing
the risks posed by batteries and battery-powered devices in
transportation. On February 22, 2007; April 26, 2007; May 24-25, 2007;
and April 11, 2008, PHMSA hosted meetings with public and private
sector stakeholders who share our concern for the safe transportation
of batteries and battery-powered devices. The meetings provided an
opportunity for representatives of the National Transportation Safety
Board (NTSB), the Consumer Product Safety Commission, manufacturers of
batteries and battery-powered devices, airlines, airline employee
organizations, testing laboratories, and the emergency response and law
enforcement communities to share and disseminate information about
battery-related risks and developments. Understanding these risks is
essential to promote improvements in industry standards and best
practices. Together we identified a series of immediate and longer-term
actions that participants are taking or will take to enhance safety,
including:
Comprehensive reporting and investigation of battery-
related incidents;
Improved battery, consumer product, and software design;
Development and implementation of a technical standards
agenda;
Consideration and implementation of improved regulatory
standards;
Focused enforcement; and
Development and implementation of a public outreach and
education campaign.
The new requirements proposed in this NPRM are an important element
of the safety strategy, designed to address specific battery-related
hazards not adequately addressed by existing HMR requirements.

D. Proposals To Enhance the Safe Transportation of Batteries

In this NPRM, we propose the following provisions to enhance the
safe transportation of batteries and battery-powered devices:
Require reporting of incidents involving batteries and
battery-powered devices (devices include equipment) or vehicles.
Clarify the requirement that batteries, and battery-
powered devices and vehicles, be offered for transportation and
transported in a manner that prevents short-circuiting, dangerous
evolution of heat, damage to terminals, and, in the case of
transportation by aircraft, unintentional activation.
Require a certification on the shipping documentation that
batteries and battery-powered devices have met the conditions and all
requirements for transport as specified in the applicable exception or
special provision.
Eliminate the requirement to disconnect the terminals when
a battery-powered wheelchair or mobility aid is transported as checked
baggage, provided the wheelchair or mobility aid design provides an
effective means of preventing unintentional activation.
The measures proposed in this rule will harmonize the HMR with
international standards applicable to the transportation of batteries
and battery-powered devices. More importantly, these measures will
provide data and information to develop an understanding of the root
causes of battery incidents in transportation and reduce the associated
risks.
1. Prevention of Short Circuits, Dangerous Evolution of Heat, Sparks,
Unintentional Activation, or Damage to Terminals
In this NPRM, we are proposing a number of revisions to clarify
that batteries of all types and battery-powered devices, equipment, and
vehicles must be packaged for transportation in a manner that prevents
short-circuiting, damage to terminals, dangerous evolution of heat,
and, for transportation by aircraft, unintentional activation. We are
also proposing several examples of packaging methods that may meet this
performance standard, including packaging each battery or each battery-
powered device in fully enclosed inner packagings made of non-
conductive material, and separating batteries and battery-powered
devices in a manner to prevent contact with other batteries, devices or
conductive materials (e.g., metal) in the packagings. Batteries
designed with exposed terminals or connectors should have the exposed
terminals or connectors individually protected with non-conductive
caps. We propose to include language in Sec. Sec. 171.15, 171.16,
173.21, 173.159, 173.220, and 175.10 to further clarify these
requirements.
2. Incident Reporting
Since most batteries are currently excepted from the incident
reporting requirements in the HMR, it is likely that numerous incidents
involving batteries and battery-powered devices in all modes of
transportation that have gone un-reported. This under-reporting has
made it difficult to assess the full extent of incidents in
transportation and their causes. Therefore, in this NPRM, we propose to
require the reporting in accordance with Sec. Sec. 171.15 and 171.16
of the HMR of all incidents involving shipments of batteries or
battery-powered devices involving fire, violent rupture, explosion, or
a dangerous evolution of heat. The proposed reporting requirement
applies to all battery shipments, including batteries that are prepared
and offered as excepted from HMR requirements. The proposed incident
reporting requirement is consistent with incident reporting provisions
recently adopted by ICAO. (See Sec. Sec. 171.15 and 171.16.)
3. Batteries Installed in Equipment
The HMR include a number of provisions applicable to batteries
installed in vehicles, machinery, or other types of equipment. Section
173.220 sets forth transportation requirements for internal combustion
engines, self-propelled vehicles, mechanical equipment containing
internal combustion engines, and battery powered vehicles or equipment.
Generally, this section excepts battery-powered vehicles, machinery,
and equipment from the HMR, provided they meet certain minimal
requirements. We are aware of several incidents resulting in a
dangerous evolution of heat initiated by batteries of this design which
have been inadequately protected. In this NPRM, we propose to require
battery-powered vehicles, machinery, and equipment,

[[Page 44807]]

including battery-powered wheelchairs and mobility aids, to conform to
the new requirements being proposed in Sec. 173.159, including
requirements for protecting terminals and preventing short-circuiting
and unintentional activation. In addition, we propose to clarify that
battery-powered vehicles, machinery, and equipment are forbidden to be
transported unless packaged in a manner preventing the creation of
sparks, a dangerous amount of heat and, in air transportation,
unintentional activation.
Section 175.10 sets forth exceptions for passengers, crewmembers,
and air operators. Currently, the HMR permit a wheelchair or other
battery-powered mobility device to be carried on board a passenger
aircraft as checked baggage provided that (1) visual inspection,
including removal of the battery if necessary, reveals no obvious
defects; (2) the battery is disconnected and terminals are insulated to
prevent short-circuiting; and (3) the battery is securely attached to
the wheelchair or mobility device or removed and separately packaged.
We are concerned, however, that repeated handling of the battery in a
wheelchair or other mobility device could result in damage or other
problems that could compromise safety. Moreover, the design for
batteries and their housing has significantly improved in recent years.
Therefore, in this NPRM, we propose to revise paragraph Sec.
175.10(a)(15) to eliminate the current requirement to disconnect the
terminals when a battery-powered wheelchair or other mobility device is
transported as checked baggage provided the device provides an
effective means of preventing unintentional activation. Battery
terminals must continue to be protected from short-circuiting, but such
protection is inherent in the design of most wheelchairs and mobility
devices. This proposal will enhance safety while providing improved
accommodation for passengers traveling with wheelchairs or mobility
devices and is consistent with corresponding provisions in the ICAO TI.
4. Non-Spillable Batteries
Section 173.159 sets forth requirements for the transportation of
wet batteries, including non-spillable batteries. As currently provided
in Sec. 173.159(d), non-spillable batteries are excepted from the HMR
provided certain conditions are met. Unless all of the conditions
specified in Sec. 173.159(d) are met, the non-spillable battery is
fully subject to the HMR as a wet electric storage battery.
International regulations outline the conditions in which a battery can
be considered non-spillable and provide packaging requirements specific
to non-spillable batteries. Non-spillable batteries meeting additional
requirements are excepted from all other requirements of the HMR. In
this NPRM, we are proposing to describe in Sec. 173.159(f) the
conditions in which a battery can be considered non-spillable and
relocate the exceptions pertaining to non-spillable batteries to a new
Sec. 173.159a. Consistent with international requirements, we are
proposing to specify that batteries can be considered ``non-
spillable,'' provided they are capable of passing a vibration test and
a pressure differential test without leakage. We are also proposing to
require non-spillable batteries to be packaged in strong outer
packaging and securely fastened in the battery holder or the equipment
when the battery is an integral part of the operation of mechanical or
electronic equipment. In addition, we propose to specify that except
for the incident reporting requirements of Sec. Sec. 171.15 and
171.16, non-spillable batteries are not subject to the requirements of
the HMR if they meet the following additional conditions:
At a temperature of 55 [deg]C (131 [deg]F), the battery
does not contain any unabsorbed free-flowing liquid, and must be
designed so that electrolyte will not flow from a ruptured or cracked
case;
The battery must be protected against short-circuiting and
securely packaged in strong outer packaging;
The battery must be marked ``NONSPILLABLE'' or
``NONSPILLABLE BATTERY''; and
For transportation by aircraft;
They must meet the provisions of Sec. 173.159(b); and
Indicate that all conditions for transport as specified in
the applicable exception or special provision have been met with the
words, ``not restricted'' on the airway bill. This indication will
allow freight forwarders and operators to verify that the consignor is
aware of, and has complied with, the applicable regulatory
requirements.
5. Conforming Amendments
We propose a number of conforming amendments in this NPRM to ensure
that batteries are transported in accordance with the proposed
requirements in Sec. 173.159. For example, Sec. 173.21(c) currently
prohibits the transportation of electrical devices unless packaged to
prevent the creation of sparks or generation of a dangerous amount of
heat. In this NPRM, we propose to revise this paragraph to clarify that
the term ``electrical devices'' includes ``batteries'' and ``battery-
powered devices.'' We also propose to revise Special provision 130 to
specify that ``Batteries, dry, sealed, n.o.s.'' are not subject to the
requirements of the HMR except those pertaining to incident reporting,
short circuit protection, damage to terminals, prevention of a
dangerous amount of heat, damage to terminals, and when transported by
aircraft, unintentional activation and an indication on the air waybill
that all conditions for transport have been met (Special provision
130).
In addition, we are proposing to amend certain entries in the
Hazardous Materials Table (HMT) in Sec. 172.101. Currently, under the
HMR, dry batteries are not subject to incident reporting or measures to
prevent unintentional activation until a dangerous amount of heat has
developed. As indicated above, in this NPRM, we propose to extend the
requirements for incident reporting and enhanced packaging to cover all
batteries and battery-powered devices. Thus, we propose to remove the
entry ``Batteries, dry, not subject to the requirements of this
subchapter'' in favor of a new entry, `''Batteries, dry, sealed,
n.o.s.''
Note that shippers must distinguish between the proper shipping
name ``Batteries, dry, sealed, n.o.s.,'' and the existing proper
shipping name ``Batteries, wet, non-spillable, electric storage.''
Batteries described as ``Batteries, wet, non-spillable, electric
storage'' have metallic lead and lead oxide electrodes and sulfuric
acid electrolytes just like regular ``wet'' batteries, but the acid is
either gelled up with silica or absorbed in a mat of micro-glass
fibers. These batteries are not truly ``sealed'' (non-spillable) but
are ``valve regulated'' (they are technically termed ``valve-regulated
lead-acid'' or ``VRLA''). The resealable valves prevent the entrance of
oxygen from the outside air, but release excess hydrogen and oxygen
formed during overcharging. These types of batteries are generally used
for 12-volt vehicular starting applications and uninterruptible power
supply applications.
Batteries described under the proposed new proper shipping name
``Batteries, dry, sealed, n.o.s'' are hermetically ``sealed'' and
generally utilize other metals and/or carbon as electrodes. These
batteries are typically used for portable power applications. The
rechargeable (and some nonrechargeable) types have gelled alkaline
electrolytes (rather than acidic) making it difficult for them to
generate hydrogen or oxygen when overcharged.

[[Page 44808]]

The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' would be revised by adding to column (7) a reference
to proposed new Special provision ``237.'' The new special provision
would specify that, for transportation by aircraft, ``Batteries, dry,
containing potassium hydroxide solid, electric storage'' must be
prepared and packaged in accordance with the requirements of Sec.
173.159(a), and for transportation by aircraft, Sec. 173.159(b)(2).
The entry ``Batteries, wet, non-spillable, electric storage'' would be
revised by adding to column (8A), a reference to proposed new Sec.
173.159a.
Section 173.189 sets forth transportation requirements for
batteries containing sodium or cells containing sodium. In this NPRM,
we propose to revise paragraph (e) to specify that vehicles, machinery
and equipment powered by sodium batteries must be consigned under the
entry ``Battery-powered vehicle or Battery-powered equipment.''
Section 176.84 contains additional stowage and segregation
requirements for hazardous materials on cargo and passenger vessels. In
this NPRM, in order to fully align the HMR with the IMDG Code, a new
vessel stowage code ``146'' is added to the Sec. 176.84(b) table to
specify that, ``Category B stowage applies for unit loads in open cargo
transport units.'' The new vessel stowage code ``146'' is assigned to
``Batteries, wet, filled with acid, electric storage,'' UN2794 and
``Batteries, wet, filled with alkali, electric storage,'' UN2795 in
column (10B) of the HMT.
6. Lithium Batteries
Except for incident reporting requirements, this NPRM does not
propose any amendments pertaining to the transportation of lithium
batteries. PHMSA is working to evaluate and reduce lithium battery
risks through targeted enforcement; inspections and testing, including
root cause investigation of all incidents; public outreach; and other
non-regulatory initiatives.
As we identify other opportunities for safety improvement, further
rulemaking may be necessary. Before developing additional rulemaking
proposals, PHMSA plans to complete an assessment of the costs and
benefits of further restrictions and available alternatives. In the
meantime, we will continue to monitor and evaluate the safety
performance of lithium batteries in transportation, identify and target
counterfeit and other non-conforming batteries, and encourage the
development and introduction of safer battery designs.

III. Additional Harmonization Proposals in This NPRM

In addition to the battery proposals detailed above, in this NPRM,
we are proposing the following amendments to harmonize the HMR with the
most recent revisions to the UN Recommendations, ICAO TI, and IMDG
Code:
Hazardous Materials Table (HMT): Amendments to the HMT to
add, revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations and vessels stowage provisions.
Fuel Cells: Amendments to the HMT to add four new proper
shipping names to describe the range of fuel used in fuel cell
cartridges: (1) Corrosive substances (UN3477); (2) liquefied flammable
gas (UN3478); (3) hydrogen in metal hydride (UN3479); and (4) water-
reactive substances (UN3476). In addition, we are proposing amendments
to expand the types of fuel cell cartridges permitted in carry-on
baggage to include water-reactive substances and hydrogen in a metal
hydride. Amendments to Sec. 173.230 provide packaging requirements for
fuel cells and, except for transportation by aircraft, limited quantity
exceptions for the various types of fuel cell cartridges specified
above.
Small Quantity Exceptions: Amendments maintaining current
allowances for small quantities of Division 2.2, Class 3, Division 4.1,
Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division
5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9
materials transported by highway and rail and adopting the UN and ICAO
excepted quantity provisions for transportation by aircraft or vessel.
Incident Reporting: Amendments to provisions that except
certain hazardous materials or commodities from the requirements of the
HMR, including incident reporting requirements. The HMR contain
overriding provisions in Sec. Sec. 171.15 and 171.16 requiring notice
of specific types of incidents to the National Response Center (NRC)
and submission of a Hazardous Materials Incident Report, DOT Form F
5800.1, when in possession of a hazardous material at the time of an
incident. We would amend several provisions to emphasize the need to
provide notice to the NRC and to address the need to obtain more
accurate and complete data on incidents. The NRC relies on notices to
gather and distribute spill data to emergency responders, and the DOT
hazardous materials transportation safety program relies on DOT Form F
5800.1 to gather basic information on incidents that occur during
transportation.
Organic Peroxide Tables: Amendments to the Organic
Peroxide Tables to add, revise, or remove certain hazardous materials
and provisions.
Incorporation by Reference: Amendments to incorporate by
reference the updated ICAO TI, IMDG Code, and UN Recommendations.
Hazard Communication on Air waybills: Amendments to
require the consignor to indicate on the ``air waybill'' that certain
hazardous materials or articles have met the conditions for transport
as specified in the applicable exception or special provision.
Petitions for Rulemaking: We are addressing several
petitions for rulemaking: P-1490, requesting PHMSA to remove the
requirement that the type of package must be included on the
notification of pilot-in-command; P-1494, requesting PHMSA to specify
that pictograms described in the UN GHS are not prohibited under the
HMR; P-1505, requesting PHMSA to include a new proper shipping name
``Powder, smokeless,'' UN0509, to the Sec. 172.101 HMT and to include
the new entry among the explosives assigned Packaging Instruction
114(b) in Sec. 173.62; and P-1516, requesting PHMSA to allow the
marine pollutant list to remain the basis in domestic transportation
for regulating substances hazardous to the environment while permitting
substances meeting the new IMDG Code criteria to be transported as
substances hazardous to the environment. We are also addressing
petitions P-1517 and P-1518, requesting PHMSA to align provisions for
the transport of fuel cell systems and cartridges in the HMR with
international standards.
Requirements for Marine Pollutants: Recently, the
classification criteria for marine pollutants in the IMDG Code were
amended for consistency with the aquatic toxicity criteria adopted
within the GHS. The HMR currently allow materials meeting the criteria
of a marine pollutant under the prior IMDG Code criteria to be
classified as such for domestic or international transportation (see
paragraph 4 of the introduction to Appendix B of 172.101). The new
classification system adopted into the IMDG Code is complicated, and
the associated criteria for classifying mixtures containing marine
pollutants would involve an additional layer of complexity without a
corresponding

[[Page 44809]]

public benefit; therefore, we are not proposing to adopt the new IMDG
Code environmental classification system. In this rulemaking, we are
proposing to maintain the current regulatory approach to facilitate
transportation without mandating use of the new GHS-based criteria. We
also propose to adopt a new marking for marine pollutants consistent
with the marking adopted within the IMDG Code. These actions will
provide the greatest possible harmonization with international
requirements without imposing an undue burden on industry. This
proposal is also consistent with a Petition for Rulemaking (P-1516)
filed by the Dangerous Goods Advisory Council (DGAC). DGAC requested
that for domestic transportation the marine pollutant list be
maintained as the basis for regulating substances hazardous to the
environment while permitting a substance meeting the new IMDG Code
criteria to be transported as a substance hazardous to the aquatic
environment. DGAC also recommended that the current 10% rule for
classifying mixtures containing marine pollutants be used while
allowing compliance with the mixture calculation in the IMDG Code.
Though we have not proposed to implement a 10% rule for marine
pollutants irrespective of whether they are identified as a severe
marine pollutant, we request comments on that recommendation. In
particular, we are interested in the environmental impacts of such a
change and its effect on human health and the environment. We invite
comments on the practical consequences of the differing approaches, for
instance, in the event of release of such substances into aquatic
resources and drinking water.

IV. Amendments Not Being Considered for Adoption in This NPRM

This NPRM proposes changes to the HMR based on amendments to the
Fifteenth revised edition of the UN Recommendations, Amendment 34 to
the IMDG Code, and the 2009-2010 ICAO TI, which become effective
January 1, 2009. However, we are not proposing to adopt all of the
amendments to those documents into the HMR. In many cases, amendments
to the international recommendations and regulations have not been
adopted because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. If we have inadvertently
omitted an amendment in this NPRM, we will attempt to include the
omission in the final rule. However, our ability to make changes in a
final rule is limited by requirements of the Administrative Procedure
Act (5 U.S.C. 553). In some instances, we can adopt a provision
inadvertently omitted in the NPRM if it is clearly within the scope of
changes proposed in the notice, does not require substantive changes
from the international standard on which it is based, and imposes
minimal or no cost impacts on persons subject to the requirement.
Otherwise, in order to provide opportunity for notice and comment, the
change must be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to remove or avoid potential barriers to international
transportation.
Below is a listing of those significant amendments to the
international regulations that we are not proposing to adopt in this
NPRM, with a brief explanation of why the amendment was not included:
Requirements for Hazardous Materials Security. The UN and
ICAO have adopted minimal requirements pertaining to hazardous
materials security. On March 25, 2003, we published a final rule to
enhance the security of hazardous materials transported in commerce (68
FR 14510). In the final rule, shippers and carriers of certain highly
hazardous materials are required to develop and implement security
plans. In addition, all shippers and carriers of hazardous materials
are required to include a security component. The security plan
requirements apply to shipments of hazardous materials that must be
placarded and to select agents. In a separate rulemaking, we are
considering revising the list of materials for which security plans are
required to ensure that the requirements apply only to those materials
that pose a true security risk in transportation. See the advance
notice of proposed rulemaking (ANPRM) published on September 21, 2006
(71 FR 55156).
Requirements for Radioactive Materials. We are not
proposing to adopt provisions pertaining to the transportation of Class
7 (radioactive) materials. Amendments to requirements pertaining to the
transportation of Class 7 (radioactive) materials are based on changes
contained in the International Atomic Energy Agency (IAEA) publication,
``IAEA Safety Standards: Regulations for the Safe Transport of
Radioactive Materials.'' Due to their complexity, these changes are
being addressed in a separate rulemaking under Docket HM-250.
Requirements for Infectious Substances. The UN and ICAO
have adopted minimal standards applicable to the transportation of
human remains and animal carcasses as to which there is minimal
likelihood that pathogens are present. For purposes of the HMR, such
specimens are not considered hazardous, and their transportation is not
subject to the HMR. These specimens are currently regulated by the Food
and Drug Administration of the U.S. Department of Health and Human
Services, the U.S. Department of Agriculture and subject to State and
local authorities. Therefore, we are not proposing to incorporate the
new international provisions into the HMR.
Requirement for Definition of ``Target'' for Use During
Packaging Testing. Amendments to the HMR pertaining to the definition
of a ``target'' for a drop test performed on non-bulk packagings are
not being proposed in this rulemaking. The UN Recommendations amended
the description to specify that the surface of a target must be
immovable, free of defects, rigid, and large enough to ensure that the
test package falls entirely upon the surface. We believe the current
provisions in the HMR pertaining to the drop test method for non-bulk
packagings adequately address this issue.
Requirement for Vibration Test for All Intermediate Bulk
Containers (IBCs). Amendments to the HMR pertaining to the test method
and duration of a vibration test for IBCs are not being proposed in
this rulemaking. PHMSA successfully helped to introduce to the UN
Recommendations a vibration test requirement for IBCs that would both
enhance safety and help to establish a more equivalent testing protocol
for manufacturers of IBCs worldwide. However, the vibration test
adopted by the UN may be conducted as a ``stand-alone'' design-type
test on an otherwise untested IBC. In contrast, the vibration test
originally introduced by PHMSA would require the vibration test to be
conducted in sequence with other required tests. We believe this method
provides a higher degree of safety, and therefore, are not proposing to
amend the vibration test requirements currently in the HMR.
Requirement for Bromine (UN1744). In the Fifteenth edition
of the UN Recommendations, a packing instruction and a special packing
provision for ``Bromine,'' UN1744 were consolidated into a new packing
instruction specifically for Bromine. After reviewing this new packing

[[Page 44810]]

instruction, we believe the current provisions in the HMR pertaining to
the packaging of Bromine are adequate.
Exceptions to Packaging for Paint and Paint-Related
Material. Amendments authorizing certain exceptions from performance
testing of packagings containing paint and certain paint-related
materials are not being proposed in this rulemaking. Currently, both
the UN Recommendations and the HMR contain certain packaging exceptions
for specific adhesives, printing inks, printing ink related materials,
paint, paint-related materials and resin solutions (see UN Packing
Instruction P001, Special Packing Provision PP1 and 49 CFR
173.173(b)(2)). The Fifteenth revised edition of the UN Recommendations
expands the exceptions to also include such materials when classified
as environmentally hazardous substances. We are currently reviewing the
incident data related to these exceptions, and may consider this issue
for a future rulemaking.
Requirements for Lithium Batteries. Amendments to the HMR
pertaining to lithium batteries based on the Fifteenth revised edition
of the UN Recommendations are not being proposed in this rulemaking. We
are reviewing these requirements and may consider them for a future
rulemaking.
Requirements for Additional Signage. Amendments to the HMR
pertaining to additional signage in airports are not being proposed in
this rulemaking. We are reviewing these amendments, including the
related cost impacts, and may consider them for a future rulemaking. We
request comments to provide information and suggestions that we can use
during a future review.

V. Section-by-Section Review

Following is a section-by-section review of the amendments proposed
in this NPRM. Note that this section-by-section review excludes the
proposals applicable to the transportation of batteries and battery-
powered devices, which are detailed in Section II of this Notice. We
request comments providing information and suggestions that we can use
during the review of these proposals.

Part 171

Section 171.7
The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standards bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all standards incorporated by reference into
the HMR. For this rulemaking, we evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements and
determined that the revised standards provide an enhanced level of
safety without imposing significant compliance burdens. These standards
have a well-established and documented safety history; their adoption
will maintain the high safety standard currently achieved under the
HMR. Therefore, we propose to update the incorporation by reference
materials for the ICAO TI, the IMDG Code, and the UN Recommendations.
The updated editions of these standards become effective January 1,
2009.
We propose to revise the following standards:
The Technical Instructions for the Safe Transport of
Dangerous Goods by Air, 2007-2008 Edition.
International Convention for the Safety of Life at Sea
(SOLAS) Amendments 2000, Chapter II-2, Regulation 19, 2001.
The International Maritime Organization's International
Maritime Dangerous Goods Code, 2006 Edition, Incorporating Amendment
33-06, English Edition, Volumes 1 and 2.
The UN Recommendations on the Transport of Dangerous
Goods, Fourteenth revised edition (2005), Volumes I and II.
Section 171.14
This section lists specific transition periods for certain
provisions adopted into the HMR. Paragraph (d) of this section
specifies transition provisions for previously adopted amendments
intended to harmonize the HMR with international standards. We are
proposing revisions to this paragraph to provide specific transitional
provisions for certain amendments proposed in this NPRM. We are
proposing an effective date of January 1, 2009, and a mandatory
compliance date of January 1, 2010. We propose to permit voluntary
compliance as of January 1, 2009, to correspond with the effective
implementation dates of the 2009-2010 ICAO TI and Amendment 34 of the
IMDG Code. This authorization would allow shippers to prepare their
international shipments in accordance with international standards that
will become effective on January 1, 2009.
Section 171.25
Section 171.25 specifies additional requirements for the use of the
IMDG Code when a hazardous material is offered for transportation to,
from, or within the United States by vessel, and by motor carrier and
rail, provided all or part of the movement is by vessel. Recently, an
incident occurred in which a portable tank containing ``Argon,
refrigerated liquid (cryogenic liquid),'' UN1951, stowed below the deck
of a vessel released its contents, resulting in the asphyxiation deaths
of three individuals who entered the confined cargo space where the
portable tank was stowed. The HMR currently prohibit the stowage of
such materials below deck (Sec. 176.76(g)) because of the potential
hazard of asphyxiation when large volumes of refrigerated liquefied
gases are released below the deck of a vessel in confined spaces.
However, the IMDG Code does not prohibit the stowage of tanks below
deck in all cases. Some refrigerated liquefied gases, including argon,
are assigned to stowage ``Category B'' in column (16) of the dangerous
goods list of the IMDG Code. Therefore, in this NPRM, we propose to
revise Sec. 171.25 to specify that portable tanks, cargo tanks, and
tank cars containing cryogenic liquids must be ``on deck'' regardless
of the stowage authorized in the IMDG Code.

Part 172

Section 172.101 Hazardous Materials Table (HMT)
Section 172.101 contains the HMT and explanations for each of its
columns. We propose to make various amendments to the HMT. Readers
should review all changes for a complete understanding of the proposed
amendments. For purposes of the Government Printing Office's
typesetting procedures, proposed

[[Page 44811]]

changes to the HMT will appear under three sections of the Table,
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with proposed revisions to the proper shipping names, will
appear as a ``remove'' and ``add.'' Proposed amendments to the HMT for
the purpose of harmonizing with international standards include, but
are not limited to, the following:
In the final rule for Docket HM-215G (69 FR 76044; December 20,
2004), we added new generic entries for Organometallic substances
consistent with descriptions added to the UN Recommendations. In the
final rule, we allowed the continued use of certain specific
Organometallic entries; however, we anticipated removing the specific
Organometallic entries from the HMT by January 1, 2007. The entries
were to be removed because they were superseded by more appropriate
generic entries. However, the entries intended to be removed currently
remain in the HMT. Therefore, we are proposing to remove the following
Organometallic entries for consistency with the intent of HM-215G:

UN3052 Aluminum alkyl halides, liquid
UN3461 Aluminum alkyl halides, solid
UN3076 Aluminum alkyl hydrides
UN3051 Aluminum alkyls
UN1366 Diethylzinc
UN1370 Dimethylzinc
UN2445 Lithium alkyls, liquid
UN3433 Lithium alkyls, solid
UN3053 Magnesium alkyls
UN2005 Magnesium diphenyl

Special provision ``TP12'' states: ``This material is considered
highly corrosive to steel.'' The phrase ``highly corrosive to steel''
is not defined by any specific criteria. Further, ``TP12,'' unlike
other TP codes, is simply a statement and does not apply any regulatory
requirement. It is unclear if all highly corrosive materials are
assigned Special provision ``TP12,'' or if this statement provides any
useful guidance for selecting an appropriate portable tank. Therefore,
we are proposing to revise the following entries by removing Special
provision ``TP12'':

UN1716 Acetyl bromide
UN1717 Acetyl chloride
UN2584 Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid
with more than 5 percent free sulfuric acid
UN2571 Alkyl sulfuric acids
UN2817 Ammonium hydrogendifluoride, solution, PG II and III
UN2796 Battery fluid, acid
UN1736 Benzoyl chloride
UN1737 Benzyl bromide
UN1738 Benzyl chloride
UN1738 Benzyl chloride unstabilized
UN1739 Benzyl chloroformate
UN2692 Boron tribromide
UN1742 Boron trifluoride acetic acid complex, liquid
UN1743 Boron trifluoride propionic acid complex, liquid
UN1744 Bromine
UN1744 Bromine solutions
UN1745 Bromine pentafluoride
UN1746 Bromine trifluoride
UN2513 Bromoacetyl bromide
NA2742 sec-Butyl chloroformate
UN2353 Butyryl chloride
NA9263 Chloropivaloyl chloride
UN1754 Chlorosulfonic acid with or without sulfur trioxide
UN1755 Chromic acid solution, PG II and PG III
UN1758 Chromium oxychloride
UN2240 Chromosulfuric acid
NA9264 3,5-Dichloro-2,4,6-trifluoropyridine
UN1764 Dichloroacetic acid
UN1768 Difluorophosphoric acid, anhydrous
NA2845 Ethyl phosphonous dichloride, anhydrous [pyrophoric liquid]
NA2927 Ethyl phosphonothioic dichloride, anhydrous or Ethyl
phosphorodichloridate
UN1776 Fluorophosphoric acid anhydrous
UN1778 Fluorosilicic acid
UN1777 Fluorosulfonic acid
UN1782 Hexafluorophosphoric acid
UN1789 Hydrochloric acid PG II and PG III
UN1786 Hydrofluoric acid and Sulfuric acid mixtures
UN1790 Hydrofluoric acid, with more than 60 percent strength
UN1790 Hydrofluoric acid, with not more than 60 percent strength
NA2742 Isobutyl chloroformate
UN3246 Methanesulfonyl chloride
NA9206 Methyl phosphonic dichloride
NA2845 Methyl phosphonous dichloride, pyrophoric liquid
NA1556 Methyldichloroarsine
UN1826 Nitrating acid mixtures, spent with more than 50 percent
nitric acid
UN1826 Nitrating acid mixtures, spent with not more than 50 percent
nitric acid
UN1796 Nitrating acid mixtures with more than 50 percent nitric acid
UN1796 Nitrating acid mixtures with not more than 50 percent nitric
acid
UN2031 Nitric acid other than red fuming, with more than 70 percent
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 20
percent nitric acid
UN2031 Nitric acid other than red fuming, with not more than 70
percent nitric acid
UN2032 Nitric acid, red fuming
UN1798 Nitrohydrochloric acid
UN2308 Nitrosylsulfuric acid, liquid
UN1873 Perchloric acid with more than 50 percent but not more than
72 percent acid, by mass
UN1817 Pyrosulfuryl chloride
UN2879 Selenium oxychloride
UN1906 Sludge, acid
UN1828 Sulfur chlorides
UN1829 Sulfur trioxide, stabilized
UN1831 Sulfuric acid, fuming with less than 30 percent free sulfur
trioxide
UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur
trioxide
UN1832 Sulfuric acid, spent
UN1830 Sulfuric acid with more than 51 percent acid
UN2796 Sulfuric acid with not more than 51 percent acid
UN1834 Sulfuryl chloride
UN1836 Thionyl chloride
UN2699 Trifluoroacetic acid
NA9269 Trimethoxysilane

We propose to add a new non-bulk packaging section (Sec. 173.206)
for the transportation of certain flammable, corrosive and toxic
materials, specifically, chlorosilanes that have water-reactive
properties. For a detailed summary of the rationale, see the preamble
discussion for Sec. 173.206. The following entries would be revised in
Column (8B) by replacing the current non-bulk packaging provision with
``206'':

UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized

For consistency in the assignment of Special provision ``TP13''
(which requires provision of self-contained breathing apparatus when
transported by vessel) to all chlorosilanes, the following entries
would be revised in Column (7) by adding Special provision ``TP13'':

UN2987 Chlorosilanes, corrosive, n.o.s
UN1781 Hexadecyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1818 Silicon tetrachloride

We consider Special provision ``TP7'' essential for the safe
transport of chlorosilanes. This special provision requires the vapor
space to be purged of air by nitrogen or other means. However, there is
no consistent assignment of ``TP7'' to chlorosilanes.

[[Page 44812]]

For enhanced safety and consistency with international regulations, the
following entries would be revised in Column (7) by adding Special
provision ``TP7'':

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized

Chlorosilanes of Class 3 and Class 8 are currently authorized for
transport in metal IBCs under Special provisions ``IB1'' and ``IB2.''
Because metal IBCs have lift-up lids with clamp screws, we are
concerned that the overturn of a metal IBC during an accident may lead
to an opening of a lift-up lid and result in a release of chlorosilanes
from these packagings. To address these concerns, we are proposing to
prohibit the use of metal IBCs by removing the respective ``IB1'' or
``IB2'' provisions from the following entries. We are also proposing to
add Special provision ``TP7'' to require the vapor space to be purged
of air, as discussed above:

UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.

Bottom discharge openings are currently allowed on portable tanks
used for the transport of most chlorosilanes. For example, some
chlorosilane entries are assigned Special provision ``T7,'' which
provides for bottom opening requirements. As part of a voluntary
initiative to enhance safety, portions of the regulated community have
begun to use only portable tanks without bottom discharge connections.
To further enhance safety and to prohibit the use of portable tanks
with bottom discharge openings, we are proposing to revise the
following entries by replacing Special provision ``T7'' with ``T10.''
Special provision ``T10'' prohibits the use of bottom discharge
openings. We are also proposing to delete the respective IBC special
provisions (as indicated below) to prohibit the use of metal IBCs and
add Special provision ``TP7'' to require the vapor space to be purged
of air, as discussed above:

UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane

As a safety measure for the transport of most chlorosilanes, we are
proposing to apply Special provision ``T10,'' to prohibit bottom
discharge openings on portable tanks used to transport chlorosilanes.
However, for chlorosilanes meeting the criteria of Division 4.3 and for
``n.o.s.'' entries meeting the criteria for Classes 3, 8 and Division
6.1 that have been assigned ``T10,'' we are considering the general
assignment of Special provision ``T14'' rather than ``T10.'' In
addition to prohibiting bottom outlet openings, Special provision
``T14'' requires a higher minimum test pressure for the periodic
hydrostatic pressure test. We believe a higher minimum test pressure
would provide an increased level of safety when transporting these
types of chlorosilanes in portable tanks. Some chlorosilanes meeting
the above classification criteria (e.g., UN2987 and UN1295) have
already been assigned Special provision ``T14.'' Therefore, to enhance
safety and for consistency in assigning special provisions, we are
proposing to revise the following entries by replacing Special
provision ``T10'' with Special provision ``T14'' in Column (7):

UN2988 Chlorosilanes, water-reactive, flammable, corrosive, n.o.s.
UN1183 Ethyldichlorosilane
UN1242 Methyldichlorosilane

The following entries would be revised by assigning PG II in column
(5) rather than PG I. The flammability properties (i.e., the
flashpoint) place them in PG II, and no additional evidence indicates
the entries are more corrosive than all the other chlorosilanes classed
as a Class 3, subsidiary Class 8, PG II (e.g., UN1126). Therefore, in
accordance with the Precedence of hazard table (Sec. 173.2a), the
entries would be classed as Class 3, subsidiary Class 8, PG II
materials. In addition, as discussed above, we would replace Special
provision ``T7'' with ``T10'' for most chlorosilanes, however, for
these entries Special provision ``T10'' would replace the previously
assigned Special provision ``T11.'' Readers should note, this revision
is contingent upon the adoption of the proposed change from PG I to PG
II. The entries would be revised in Column (5) by assigning PG II and
in Column (7) by replacing Special provision ``T11'' with Special
provision ``T10'':

UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized

As discussed above, for most chlorosilanes, we are proposing to
replace Special provision ``T7'' with ``T10,'' which prohibits bottom
discharge openings. In addition, we propose to revise the following
entries by replacing Special provision ``T11'' with Special provision
``T14'' which prohibits bottom discharge openings in portable tanks:

UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

Chlorosilanes of Division 6.1 are authorized for transport in metal
IBCs under Special provision ``IB1.'' As discussed above, we are
proposing to prohibit the use of metal IBCs for the transport of
chlorosilanes. Additionally, Special provision ``TP27'' is recommended
for chlorosilanes assigned Special provision ``T14.'' If found
acceptable according to the test pressure definition in Sec. 178.274,
Special provision ``TP27'' allows a test pressure of 4 bar instead of 6
bar. We would assign tank provision ``TP27'' to all ``n.o.s.'' entries
of Classes 3, 8 and Division 6.1. Entries for Division 4.3 would not be
assigned ``TP27'' because of higher risk of a possible release of a
flammable gas. The following entries would be revised in Column (7) by
deleting Special provision ``IB1'' and adding Special provision
``TP27'':

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

The following entries would be revised by adding Special provision
``IP2'' to correct an inconsistency. ``Chloroacetic acid, solid,''
UN1751 is the only Division 6.1, PG II material assigned Special
provision ``IB8'' that is not also assigned Special provision ``IP2.''
Similarly, the remaining entries listed below are Division 5.1, PG II
materials assigned ``IB8'' but not ``IP2''. The following entries would
be revised in Column (7) by adding Special provision ``IP2'':

UN1751 Chloroacetic acid, solid
UN1463 Chromium trioxide, anhydrous.
UN2465 Dichloroisocyanuric acid, dry or Dichloroisocyanuric acid
salts
UN1473 Magnesium bromate

[[Page 44813]]

UN2627 Nitrites, inorganic, n.o.s.
UN1484 Potassium bromate
UN1485 Potassium chlorate
UN1487 Potassium nitrate and sodium nitrite mixtures
UN1488 Potassium nitrite
UN1490 Potassium permanganate
UN1493 Silver nitrate
UN1494 Sodium bromate
UN1495 Sodium chlorate
UN3247 Sodium peroxoborate, anhydrous
UN2468 Trichloroisocyanuric acid, dry
UN1512 Zinc ammonium nitrite
UN1514 Zinc nitrate

Special provision ``36'' places net quantity limits per package for
medicines classed as hazardous materials. However, the quantity limits
are inconsistent with the net quantity packaging limits authorized
under the limited quantities exceptions authorized for these materials.
Therefore, these entries would be revised in Column (7) by removing
Special provision ``36'':

UN3248 Medicine, liquid, flammable, toxic, n.o.s.
UN1851 Medicine, liquid, toxic, n.o.s.
UN3249 Medicine, solid, toxic, n.o.s.

Chemical oxygen generators are subject to stringent packaging and
shipping requirements. We are proposing to add a new Special provision
``62'' to the following entries to emphasize that chemical oxygen
generators are not authorized to be transported under the generic
``oxidizer, n.o.s.'' entries.

UN3098 Oxidizing liquid, corrosive, n.o.s.
UN3139 Oxidizing liquid, n.o.s.
UN3099 Oxidizing liquid, toxic, n.o.s.
UN3085 Oxidizing solid, corrosive, n.o.s.
UN3137 Oxidizing solid, flammable, n.o.s.
UN1479 Oxidizing solid, n.o.s.
UN3100 Oxidizing solid, self-heating, n.o.s.
UN3087 Oxidizing solid, toxic, n.o.s.
UN3121 Oxidizing solid, water-reactive, n.o.s.

The following entries would be revised by adding a reference to
packaging section ``307'' to Column (8A) for consistency with
international regulations regarding exception from the HMR for
manufactured articles and apparatuses containing minimal amounts of
inert gas. See the discussion of changes to Sec. 173.307 for
additional information regarding this proposed change.

UN1006 Argon, compressed
UN1046 Helium, compressed
UN1970 Krypton, compressed
UN1065 Neon, compressed
UN2036 Xenon, compressed

The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' would be revised by adding to column (7) a reference
to proposed new Special provision ``237.''
The entries ``Boron trifluoride,'' UN1008, and ``Hydrogen iodide,
anhydrous'' UN2197, would be revised by adding the Class 8 subsidiary
hazard label to Column (6) for consistency with international
regulations and for consistency with all other Division 2.3 toxic gas
entries in the HMT that also have the Class 8 subsidiary hazard.
The entry ``Calcium manganese silicon,'' UN2844 would be revised in
Column (7) by removing Special provision ``IP2.'' When this material is
transported in other than metal or rigid plastic IBCs, Special
provision ``IP2'' specifies they must be transported in a closed
freight container or a closed transport vehicle. However, this is
inconsistent with other Division 4.3, PG III materials that are not
subject to this Special IBC packaging provision.
For consistency with UN Recommendations, the entry ``Chlorine,''
UN1017, would be revised in Column (6) by adding the Division 5.1
subsidiary hazard label. This label will help communicate that this
material may cause or enhance the combustion of other materials.
The hazardous materials descriptions for the entries
``Chloronitrobenzene, liquid ortho,'' UN3409, and
``Chloronitrobenzenes, solid meta or para,'' UN1578, would be revised
in Column (2) by removing the italicized word(s). The italicized
word(s) associated with the proper shipping names are a potential
source of confusion and would be removed for clarification and
consistency with the same entries in the UN Recommendations. This
revision appears as a ``Remove/Add'' in this rulemaking.
The entries ``Environmentally hazardous substances, liquid,
n.o.s.,'' UN3082 and ``Environmentally hazardous substances, solid,
n.o.s.,'' UN3077, would be revised by adding a new Special provision
``335'' in Column (7). Special provision ``335'' clarifies that
mixtures of non-hazardous solids and environmentally hazardous liquids
or solids may be classified as UN3077 provided there is no free liquid
visible at the time the substance is loaded or at the time the
packaging or transport unit is closed.
In addition to flammable liquid fuel cell cartridges already
provided for by the HMR, a number of other rapidly advancing fuel cell
technologies employing a range of fuels continue to emerge. In this
NPRM, we are proposing to revise the entry for fuel cells containing a
flammable liquid (UN3473) to include fuel cell cartridges containing a
flammable liquid packed with or contained in equipment, and to add four
new proper shipping names to the HMT to describe the range of fuel used
in fuel cell cartridges. These entries are (1) water-reactive
substances (UN3476); (2) corrosive substances (UN3477); (3) liquefied
flammable gas (UN3478); and (4) hydrogen in metal hydride (UN3479).
Readers should note that liquefied flammable gases and hydrogen in a
metal hydride are both Division 2.1 materials used in fuel cell
cartridges. However, the provisions necessary for the safe
transportation of these articles are quite different and therefore, it
is necessary to distinguish them with separate shipping descriptions.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing corrosive substances,'' UN3477, would be added.
The proper shipping name for the entry ``Fuel cell cartridges,
containing flammable liquids,'' UN3473, would be revised in Column (2)
to read ``Fuel cell cartridges or Fuel cell cartridges contained in
equipment or Fuel cell cartridges packed with equipment, containing
flammable liquids.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing hydrogen in metal hydride,'' UN3479, would be added.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing liquefied flammable gas,'' UN3478, would be added.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing water-reactive substances,'' UN3476, would be added.
The entry ``Gasohol,'' NA1203, would be revised in Column (7) by
adding Special provision ``177'' to indicate that mixtures of gasoline
and ethanol with less than 10 percent ethanol for use in internal
combustion engines (e.g., automobiles) must be assigned the PG II entry
regardless of variations in volatility.
The entry ``Gasoline,'' UN1203, would be revised in Column (7) by
adding Special provision ``177'' to indicate that gasoline for use in
an internal combustion engine (e.g., automobiles) must be assigned the
PG II entry regardless of variations in volatility.
The proper shipping name for the entry ``Hydrogen in a metal
hydride storage system,'' UN3468, would be revised in Column (2) to
read ``Hydrogen in a metal hydride storage

[[Page 44814]]

system or Hydrogen in a metal hydride storage system contained in
equipment or Hydrogen in a metal hydride storage system packed with
equipment.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
A new entry ``1-Hydroxybenzotriazole, anhydrous, dry or wetted with
less than 20 percent water, by mass,'' UN0508, would be added.
A new entry ``1-Hydroxybenzotriazole, anhydrous, wetted with not
less than 20 percent water, by mass,'' UN3474, would be added.
The entry ``Hypochlorite solutions,'' UN1791, would be revised by
adding the PG III description and associated packaging provisions to
Columns (5) and (8), respectively. The PG III information was
inadvertently omitted in a final rule under Docket HM-215I (71 FR
78596; December 29, 2006). This revision appears as a ``Remove/Add'' in
this rulemaking.
The entry ``Magnesium nitrate,'' UN1474, would be revised in Column
(7) by adding a new Special provision ``332.'' Special provision
``332'' specifies magnesium nitrate hexahydrate is not subject to the
HMR. Testing conducted by independent laboratories on magnesium nitrate
hexahydrate in accordance with Test O.1: Test for Oxidizing Solids of
the UN Manual of Tests and Criteria indicated magnesium nitrate
hexahydrate does not have a burning rate to meet the criteria as a
Division 5.1 oxidizer.
The hazardous materials description for the entry ``Nitric acid,
other than red fuming, with not more than 70 percent nitric acid,''
UN2031, PG II would be revised in Column (2) to read ``Nitric acid,
other than red fuming, with at least 65 percent, but not more than 70
percent nitric acid'' to conform with proper shipping names that have
similar descriptions (e.g., UN3366). This entry would also be revised
in Column (7) by adding Special provision ``IP15,'' and in Column (10B)
by removing vessel stowage codes ``44,'' ``110,'' and ``111,'' and
adding ``74'' in their place. Special provision ``IP15'' specifies that
for UN2031 with more than 55% nitric acid, the use of rigid plastic
IBCs and composite IBCs with a rigid plastic inner receptacle would be
authorized for two years from the date of manufacture of the IBC.
Finally, the entry would be revised by adding a Division 5.1 subsidiary
hazard label to column (6). This revision appears as a ``Remove/Add''
in this rulemaking.
A new entry ``Nitric acid, other than red fuming, with less than 65
percent nitric acid,'' UN2031, PG II would be added.
The entry ``Nitrocellulose, solution, flammable with not more than
12.6 percent nitrogen, by mass, and not more than 55 percent
nitrocellulose,'' UN 2059, PG II and PG III, would be revised in Column
(7) by adding a new Special provision ``198.'' Special provision
``198'' authorizes nitrocellulose solutions containing less than 20%
nitrocellulose to be transported as paint or printing ink.
The entry ``Organometallic substance, liquid, water-reactive,
flammable,'' UN3399, would be revised in Column (10A) by removing
vessel stowage location code ``E'' and adding ``D'' to harmonize with
the IMDG Code and SOLAS. Amendments were also made to SOLAS Chapter II-
2/Regulation 19 strictly prohibiting the stowage of 4.3 liquids having
a flashpoint less than 23 [deg]C under deck or in enclosed roll-on/
roll-off (ro-ro) vessel spaces. SOLAS Chapter II-2/Regulation 19 sets
out fire-fighting construction and equipment requirements for vessels
carrying dangerous goods. We believe this proposed amendment is
necessary to avoid the risk of a carrier stowing a package in an
enclosed space that is not properly equipped for a Class 4.3 material
with a subsidiary Class 3 and a flashpoint less than 23 [deg]C. When a
flammable liquid with a flashpoint less than 23 [deg]C is stowed under
deck, the space must be ventilated but cannot have electrical equipment
in the space. In most cases, natural or mechanical ventilation is used.
However, powered ventilation is required for Class 4.3 under deck due
to the risk of moisture in the air and the entry of sea water into the
hold through the ventilation openings. This proposed change would
prohibit only UN3399 from under deck stowage. All other Class 4.3
liquids, with a subsidiary Class 3 and flashpoint less than 23 [deg]C,
are not permitted under deck or in enclosed ro-ro spaces under the IMDG
Code.
The proper shipping name for the entry ``Pentaerythrite
tetranitrate mixture, desensitized, solid, n.o.s.,'' UN3344, would be
revised in Column (2) to read ``Pentaerythrite tetranitrate mixture,
desensitized, solid, n.o.s. or Pentaerythritol tetranitrate mixture,
desensitized, solid, n.o.s. or PETN mixture, desensitized, solid,
n.o.s.,'' to conform to proper shipping names that have similar
descriptions (e.g., UN0411). This revision appears as a ``Remove/Add''
in this rulemaking.
The entry ``Polychlorinated biphenyls, solid,'' UN3432 would be
revised in Column (7) by adding Special provisions ``IP2'' and ``IP4''
for consistency with similar requirements for ``Polyhalogenated
biphenyls, solid or Polyhalogenated terphenyls, solid,'' UN3152.
Special provisions ``IP2'' and ``IP4'' require IBCs other than metal or
rigid plastic to be offered for transportation in a closed freight
container or closed transport vehicle and require flexible, fiberboard,
or wooden IBCs to be sift-proof and water-resistant or be fitted with a
sift-proof or water-resistant liner, respectively.
The entries ``Potassium persulfate,'' UN1492 and ``Sodium
persulfate,'' UN1505, would be revised in Column (10B) by removing
vessel stowage code ``56'' and adding ``145.''
The proper shipping name for the entry ``Trinitrophenol, wetted,''
UN1344, would be revised in Column (2) to read ``Trinitrophenol, or
Picric acid, wetted,'' to conform to proper shipping names that have
similar descriptions (e.g., UN3364). This revision appears as a
``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``Trinitrotoluene, wetted,''
UN1356, would be revised to read ``Trinitrotoluene, wetted or TNT,
wetted,'' to conform to proper shipping names that have similar
descriptions (e.g., UN3366). This revision appears as a ``Remove/Add''
in this rulemaking.
A new entry ``Signals, distress, ship,'' UN0505, would be added.
A new entry ``Signals, distress, ship,'' UN0506, would be added.
A new entry ``Signals, smoke,'' UN0507, would be added.
A new entry ``Powder, smokeless,'' UN0509, would be added. A
discussion of changes to Sec. 173.62 provides an explanation of the
addition of this new entry.
Currently, no portable tank instructions are assigned to ``Water-
reactive liquid, corrosive, n.o.s.,'' UN3129; ``Water-reactive liquid,
n.o.s.,'' UN3148; or to the PG I entries for ``Water reactive solid,
corrosive, n.o.s.,'' UN3131; and ``Water-reactive solid, n.o.s.,''
UN2813. We would add portable tank assignments (portable tank special
provisions) consistent with the ``Guidelines for Assigning Portable
Tank Requirements to Substances in Classes 3 to 9.'' These assignments
are consistent with similarly classed entries in the HMT. The entries
would be revised in Column (7) as follows:
The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
I, would be revised by adding Special provisions ``T14,'' ``TP2,'' and
``TP7.''
The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
II, would be revised by adding Special provisions ``T11'' and ``TP2.''

[[Page 44815]]

The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
III, would be revised by adding Special provisions ``T7'' and ``TP1.''
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG I, would be
revised by adding Special provisions ``T9,'' ``TP2,'' and ``TP7.''
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG II, would
be revised by adding Special provisions ``T7'' and ``TP2.''
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG III, would
be revised by adding Special provisions ``T7'' and ``TP1.''
The entry ``Water-reactive solid, corrosive, n.o.s,'' UN3131, PG I,
would be revised by adding Special provisions ``T9'', ``TP7,'' and
``TP33.''
The entry ``Water-reactive solid, n.o.s.,'' UN2813, PG I, would be
revised by adding Special provisions ``T9'', ``TP7,'' and ``TP33.''
The proper shipping name for the entry ``Xenon,'' UN2036, would be
revised to read ``Xenon, compressed,'' UN2036, for consistency with
proper shipping names for other compressed gases (i.e., inert gases).
This revision appears as a ``Remove/Add'' in this rulemaking.
Appendix B to Sec. 172.101
Appendix B to Sec. 172.101 lists Marine Pollutants regulated under
the HMR and prescribes requirements for classifying and describing a
marine pollutant. In this NPRM, we are proposing to amend the
introductory text and the List of Marine Pollutants to add an allowance
for the use of the revised classification criteria for materials toxic
to the aquatic environment (marine pollutants) contained in the IMDG
Code. Additionally, under Docket HM-215D (66 FR 33316; June 21, 2001
and 67 FR 15743; April 3, 2002), a number of entries were removed
because they no longer met the criteria for a ``Marine Pollutant.''
However, some entries were inadvertently retained. Therefore, we are
proposing to remove the following entries from the List of Marine
Pollutants: ``5-Ethyl-2-picoline,'' ``Ethyl propenoate, inhibited''
``Isopropenylbenzene,'' and ``2-Phenylpropene.''
Section 172.102
Section 172.102 lists a number of special provisions applicable to
the transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. For
consistency with international regulations, we propose to amend Sec.
172.102, Special provisions, as follows:
Special provision ``36'' specifies maximum net quantity limits per
package for the transport of medicines classified as flammable or toxic
(i.e., UN1851, UN3248, and UN3249). These limits are inconsistent with
the packaging limits authorized in limited quantity exceptions for
these materials. The entries were initially introduced to the UN
Recommendations with a special provision limiting the materials to PG
II and III and requiring the materials to have a maximum net quantity
per package of 5 L or 5 kg. However, since then, these materials have
been authorized in the HMR as limited quantities and consumer
commodities. This has created an inconsistency between the quantity
limits per package in Special provision ``36'' and the limits outlined
in the limited quantity exceptions. Therefore, to resolve this
inconsistency, we would remove Special provision ``36.''
Special provision ``137'' specifies conditions for exception from
the HMR for certain types of vegetable fibers. We propose to revise the
Special provision to include ``tampico fiber, dry'' having a minimum
baling density of 360 kg/m\3\ as being eligible for this exception.
Special provision ``138'' specifies insolubility criteria for lead
compounds. We are proposing to revise the Special provision to add
clarifying language that specifies lead compounds meeting the
insolubility criteria outlined in the Special provision are not subject
to the HMR unless they meet the criteria for one of the other hazard
classes.
Special provision ``150'' specifies composition limits for uniform
mixtures of fertilizers containing ammonium nitrate as the main
ingredient. We are proposing to revise the composition limits outlined
in paragraph (b) of the provision by adding the words ``and/or mineral
calcium sulphate'' after ``dolomite.''
In the final rule under Docket HM-215G (69 FR 76044; December 20,
2004), we added new generic entries to describe Organometallic
materials consistent with descriptions added to the UN Recommendations,
but allowed the continued use of several specific Organometallic
entries (e.g., Dimethylzinc, UN1370). We anticipated removing these
remaining entries from the HMT by January 1, 2007. The entries were to
be removed because they were superseded by the addition of the more
appropriate generic entries. However, they currently remain in the HMT.
Therefore, we are proposing to remove the remaining specific
Organometallic entries for consistency with the original intent of HM-
215G to remove the entries by January 1, 2007. In addition, we are
proposing to remove Special provision ``173.'' Special provision
``173'' provides the option to use an appropriate generic entry listed
in the HMT to describe the material and was only assigned to
Organometallic materials. Since new generic entries have been added to
the HMT, and because the Special provision only applies to entries that
are to be removed, this Special provision would be rendered obsolete.
Special provision ``177'' requires materials for use in internal
combustion engines (e.g., in automobiles) to be assigned the PG II
entry regardless of variations in volatility of the material. The
Special provision is currently assigned to the entry ``Ethanol and
gasoline mixture or Ethanol and motor spirit mixture or Ethanol and
petrol mixture,'' UN3475. However, the provision also applies to the
entries ``Gasohol,'' NA1203 and ``Gasoline,'' UN1203. For consistency
with UN Recommendations that assign similar provisions to gasoline and
mixtures of ethanol and gasoline, and for uniform application of the
provision, we are proposing to revise Special provision ``177'' to
specify its application to both gasoline and ethanol/gasoline mixtures.
Special provision ``188'' specifies conditions for exception from
the HMR for small lithium cells and batteries. We propose to revise the
Special provision to require the reporting of incidents, including
those which result in the production of smoke, sparks, or a dangerous
evolution of heat.
Special provision ``189'' specifies conditions for exception from
the HMR for medium lithium cells and batteries. We propose to revise
the Special provision to require the reporting of incidents including
those which result in the production of smoke, sparks, or a dangerous
evolution of heat.
A new Special provision ``198'' would be added to permit
nitrocellulose solutions containing less than 20% nitrocellulose to be
transported as paint or printing ink, as applicable.
A new Special provision ``237'' would be added to specify that
``Batteries, dry, containing potassium hydroxide solid, electric
storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a), (b) and (c), and for transportation
by aircraft, Sec. 173.159(d)(2).
A new Special provision ``332'' would be added to specify magnesium
nitrate hexahydrate is not subject to the HMR.
A new Special provision ``335'' would be added to clarify proper
classification of mixtures of solids which are not

[[Page 44816]]

subject to the HMR and environmentally hazardous liquids or solids.
Special provision ``335'' specifies these mixtures would be classified
as UN3077 and may be transported under that entry provided there is no
free liquid visible at the time the material is loaded or the packaging
or transport unit is closed.
A new Special provision ``IP15'' would be added to indicate that
for ``Nitric acid,'' UN2031, with more than 55% nitric acid, the use of
rigid plastic IBCs and composite IBCs with a rigid plastic inner
receptacle is permitted for two years from the date of manufacture of
the IBC.
A new Special provision ``N90'' would be added to prohibit the use
of metal packagings for transport of ``1-Hydroxybenzotriazole,
anhydrous, wetted not less than 20 percent water, by mass,'' UN3474.
Special provision ``TP12'' would be removed. This provision states
``this material is considered highly corrosive to steel.'' The phrase
``highly corrosive to steel'' is not defined by any specific criteria.
Further, ``TP12,'' unlike other TP codes, is simply a statement and
does not apply any regulatory requirement. It is unclear if all highly
corrosive materials are assigned Special provision ``TP12'' or if this
statement provides any useful guidance for selecting an appropriate
portable tank. Therefore, we propose to delete Special provision
``TP12'' from Sec. 172.102(c)(8) ``TP'' Codes.
Section 172.202
Section 172.202 establishes the requirements for the description of
hazardous materials on shipping papers. The UN Recommendations do not
require the subsidiary hazard to be indicated on the shipping paper
when a subsidiary hazard label is not required. We agree that the
requirement to indicate the subsidiary hazard on the shipping paper
should be consistent with the requirement to apply a subsidiary risk
label. Therefore, we propose to harmonize with the UN Recommendations
by making an appropriate revision to Sec. 172.202(a)(2) to specify
that the subsidiary hazard class or division number is not required to
be entered when a corresponding subsidiary hazard label is not
required. We also propose to revise paragraph (a)(4) to clarify that
the packing group is not required to be indicated on a shipping paper
for explosives, self-reactive substances, batteries other than those
containing sodium, and organic peroxides in addition to entries that
are not assigned a packing group. In addition, we also propose to
revise paragraph (a)(6) to clarify that for all articles where ``No
Limit'' is shown in Column (9A) or (9B) of the HMT, the quantity must
be the gross mass, following the letter ``G.''
Section 172.322
Section 172.322 specifies marking requirements for vessel
transportation of each non-bulk packaging and bulk packaging that
contains a marine pollutant. In this NPRM we are proposing to adopt the
new marking for marine pollutants that has been incorporated into the
IMDG Code. We are proposing mandatory use of this marking one year
after publication of the final rule. Commenters are requested to submit
remarks regarding the impact of adopting a one-year compliance date. As
part of their petition to PHMSA (P-1516), DGAC recommended inclusion of
the new marine pollutant mark in the HMR.
Section 172.400a
Section 172.400a establishes exceptions for labeling requirements.
Currently, the UN Recommendations do not require a package labeled with
a Division 4.2 label to bear a Division 4.1 subsidiary hazard label.
This is primarily because the Division 4.2 label communicates a more
severe spontaneously combustible flammability hazard and as such the
Division 4.1 label is not considered to provide additional hazard
communication value. In this NPRM, we propose to revise paragraph (c)
to include a similar exception.
Section 172.401
Section 172.401 establishes specific requirements for prohibited
labeling. We received a petition (P-1494) from the DGAC requesting that
PHMSA specify that pictograms described in the United Nations Globally
Harmonized System of Classification and Labelling are not prohibited
under the HMR. In its petition, DGAC states that the UN Economic and
Social Council's Committee of Experts on the Transport of Dangerous
Goods and on the GHS established the goal of implementing the GHS in
2008. DGAC contends that to facilitate international trade, it is
important that packages bearing GHS pictograms are acceptable for
transportation in the United States. DGAC also states that GHS
pictograms may already appear on packages used in transportation and
cites Annex 7 of the GHS showing examples of GHS pictograms appearing
on drums. Pictograms prescribed by GHS are not identical to labels
required under the UN Recommendations or the HMR; such pictograms
typically consist of a red bordered diamond with a hazard symbol such
as a ``flame'' or a ``skull and cross-bones.'' DGAC expects these GHS
pictograms to be smaller in size than the transport labels required
under the HMR and international regulations.
We agree with DGAC that the GHS pictograms should be permitted on
packages intended for transportation in the United States to facilitate
international trade. We also believe that such a revision will not
diminish the current level of safety affecting these materials.
Therefore, in this NPRM, we are proposing to amend Sec. 172.401 which
prohibits the transportation of packages bearing any mark or label that
could be confused or conflict with a label required under the HMR, to
specify that restrictions under this section do not apply to packages
labeled in conformance with the GHS.
Section 172.446
Section 172.446 specifies the requirements for Class 9 labels.
Unlike the HMR, the international regulations do not have a solid
horizontal line dividing the lower and upper half of the Class 9 label.
The Class 9 label in Sec. 172.446 depicts a solid horizontal line. For
consistency with international regulations and to provide relief to the
regulated community, in this NPRM, we propose to revise paragraph (b)
to allow a solid horizontal line as an option.
Section 172.448
Section 172.448 establishes the specifications for the ``CARGO
AIRCRAFT ONLY'' label. For consistency with international regulations,
in this NPRM, we are proposing to replace the current label. The symbol
of this label is not altered; however the text is revised to read,
``Forbidden in Passenger Aircraft.'' In addition, we propose to
authorize continued use of the current label until January 1, 2013.

Part 173

Section 173.4
Section 173.4 establishes the requirements for exceptions to the
HMR for small quantities of Class 3, Division 4.1, Division 4.2 (PG II
and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials. Recently,
provisions for the transport of hazardous materials in excepted
quantities were incorporated into the UN Regulations and the IMDG Code.
These provisions are based largely on existing excepted quantity
provisions provided by the ICAO TI. The provisions permit certain small
quantities of hazardous materials

[[Page 44817]]

to be transported with minimal regulation, but ensure a high level of
safety through stringent packaging and testing requirements.
The excepted quantity provisions adopted within the UN Regulations
and the small quantity provisions of the HMR are similar, but not
identical. For example, differences include variations in the
authorized hazard classes and packing groups; differences in the
quantities authorized per package; and differences in marking,
documentation and incident reporting requirements. We believe that
aligning the existing small quantity provisions in the HMR with the
excepted quantity provisions for air and vessel transportation will
enhance harmonization and increase safety. Therefore, for consistency
with the UN Recommendations and to increase safety and facilitate
international transportation, in this NPRM, we are proposing to adopt a
new excepted quantity provision for transportation by aircraft and
vessel into a new Sec. 173.4a. We stress that we are not proposing to
remove the existing small quantity provisions in 173.4, but rather
proposing to limit the use of these provisions to domestic highway and
rail transportation. We also propose to move the exception for small
quantities--less than 1 gram for solids and less than 1 milliliter for
liquids per inner packaging currently found in Sec. 173.4(e)--to a new
Sec. 173.4b. This would align the requirements of the HMR with those
of the ICAO TI and the IMDG Code for transport by air and vessel, while
maintaining the existing small quantity exceptions for domestic highway
and rail transport. We welcome comments regarding the potential for
confusion and any cost impacts resulting from this change. Small
quantity exceptions would be separated into the following three
sections:
(1) Section 173.4 for small quantities transported by domestic
highway and rail only;
(2) Section 173.4a for excepted quantities transported by aircraft
and vessel; and
(3) Section 173.4b for de minimis quantities of material (less than
1 gram for solids and less than 1 milliliter for liquids per inner
packaging) transported by all modes.
In addition, we considered extending the allowance for small
quantity exceptions to fuel cells. Fuel cells by design offer a high
degree of integrity and often contain a relatively small amount of
hazardous material. However, we wish to maintain the level of safety
ensured by the rigorous testing and packaging required for fuel cell
cartridges of various types required by the provisions proposed in
Sec. 173.230. Therefore, in this NPRM, we propose to revise Sec.
173.4(d) to specify that fuel cell cartridges are not eligible for the
small quantity exceptions.
Sections 173.12 and 173.134
Section 173.12 establishes exceptions for shipments of waste
materials. Section 173.134 establishes definitions, classification
criteria, and exceptions for Division 6.2 (infectious substances). On
January 28, 2008, we published a final rule under Docket HM-218D (73 FR
4699) that added a new paragraph (f) in Sec. 173.12 to specify that
household waste, as defined in Sec. 171.8, is not subject to the HMR.
In addition, we revised a household waste exception in Sec.
173.134(b)(13)(i) to reference the household waste definition in Sec.
171.8. Upon publication of the final rule, we received a comment
expressing concern with the implementation of these amendments. The
commenter, Regulatory Resources Inc., expressed concern that this
amendment was too broad and would allow entities such as large hotels
undergoing renovation to offer their waste, including hazardous
materials, for transportation as non-regulated materials. This was not
our intention. In an effort to reduce confusion, we are proposing to
revise these two sections to specify that household waste is not
subject to the HMR when transported in accordance with applicable
state, local, or tribal requirements.
Section 173.24b
Section 173.24b establishes additional general requirements for
bulk packagings. In this NPRM, we are proposing to add a new paragraph
to clarify that IBCs and Large Packagings that are not designated and
tested for stacking may not be stacked during transportation. In
addition, we are also proposing to clarify that IBCs and Large
Packagings that are intended for stacking may not have more weight
superimposed upon them than is marked on the packaging.
Section 173.62
Section 173.62 establishes specific packaging requirements for
explosives. We received a petition (P-1505) from the Sporting Arms &
Ammunition Manufacturers' Institute (SAAMI) requesting that PHMSA
include a new proper shipping name ``Powder, smokeless,'' UN0509, to
the Sec. 172.101 HMT and to include the new entry among the explosives
assigned Packaging Instruction 114(b) in Sec. 173.62. In its petition,
SAAMI states that the UN Sub-Committee of Experts on the Transport of
Dangerous Goods adopted a proposal by SAAMI to add the new entry to its
Dangerous Goods List and a related change to the packing provisions in
the UN Recommendations.
Typically, we harmonize with the UN following the formal adoption
of a proposal into the published version of the UN Recommendations.
However, because of the limited scope of this amendment and because the
new entry allows for a more accurate classification of smokeless
powder, we are proposing to amend Sec. 173.62 to include a new entry
UN0509 to the Explosives Table, which specifies the Packing Instruction
assigned to each explosive, and to add a reference to the new entry in
Packing Instruction 114(b). We also propose to include a ``D'' in
column 1 of the table entry to indicate that the entry is appropriate
for domestic use but may not be appropriate for international
transportation. Following the adoption of the entry within the IMDG
Code and the ICAO TI, this indication would no longer be necessary, and
it is our intention to remove the ``D'' in a future rulemaking
consistent with the adoption of the entry within the aforementioned
international regulations.
Additionally, consistent with our proposal to add new entry ``1-
Hydroxybenzotriazole, anhydrous, dry or wetted with less than 20%
water, by mass,'' Division 1.3C, UN0508, to the HMT, we are adding this
material under Packing Instruction ``114(b).'' We propose to revise
this instruction to specify that, for UN0508, inner packagings are not
required if drums are used as the outer packaging. We also propose to
add a new sentence under Packing Instruction 114(b) to prohibit metal
packagings for UN0508. In addition, we propose to clarify that inner
packagings are not necessary if drums are used as the outer packaging
for UN0160 and UN0161.
Section 173.115
The HMR define a Division 2.2 material (non-flammable, nonpoisonous
compressed gas--including compressed gas, liquefied gas, pressurized
cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing
gas) as any material or mixture that ``exerts in the packaging an
absolute pressure of 280 kPa (40.6 psia) or greater at 20 [deg]C (68
[deg]F), or is a cryogenic liquid, and does not meet the definition of
Division 2.1 or 2.3.'' Recently, the definition of Division 2.2 gases
in the UN Recommendations was amended to include all liquefied gases,
irrespective of their pressure. This amendment was made on the basis
that certain liquefied gases that pose no pressure hazard at

[[Page 44818]]

ambient pressures and temperatures may exhibit a pressure hazard under
conditions normally encountered in transport, such as increased
temperature. In addition, the pressure of a Division 2.2 gas was
amended to be 302 kPa absolute (43.8 psi); a slight increase from the
current threshold of 280 kPa absolute (40.6 psi). In order to enhance
safety and to maintain global uniformity with respect to the
classification of Division 2.2 gases, we are proposing to adopt these
amendments. Additionally, in this NPRM, we are proposing to re-
designate current paragraph (k) as a new paragraph (l). The new
paragraph (k) would read ``For Division 2.2 gases, the oxidizing
ability shall be determined by tests or by calculation in accordance
with ISO 10156:1996 and ISO 10156-2:2005 (IBR, see Sec. 171.7 of this
subchapter.)'' This revision would require the use of specific test and
calculation methods for a more accurate determination of the oxidizing
ability of Division 2.2 gases. Additionally, we propose to revise Sec.
171.7 to incorporate these ISO standards.
Section 173.137
Section 173.137 establishes packing group criteria for corrosive
(Class 8) materials. In this NPRM, we are proposing to add a note to
clarify that an additional test on the second material is not required
when the initial test on either steel or aluminum indicates the
material is corrosive.
Sections 173.162, 173.164, 173.166, 173.186, 173.306, 173.307, 175.10
The ICAO TI recently adopted new amendments to require additional
information to be included on the ``air waybill'' for certain hazardous
materials. Currently, a number of hazardous materials are excepted from
the full regime of the hazard communication requirements that generally
apply to the transport of hazardous materials in the ICAO TI when
certain conditions are met to ensure an appropriate level of safety. An
example is non-spillable batteries, which are excepted if certain
conditions specified in Special provision A67 of the ICAO TI are met.
Frequently, the ICAO TI contains more restrictive or additional
requirements and conditions that apply for air transportation. The
special provisions that address these requirements contain packaging
provisions, prohibitions, and exceptions from requirements for
particular quantities or forms of materials. Many shippers may not be
familiar with the regulations and special requirements for the
transportation of dangerous goods by air as some shippers may only
occasionally ship dangerous goods by air. Frequently, these shippers
will offer hazardous materials in the same manner received when the
initial mode of transport may have been surface transport.
Shipments of undeclared or improperly prepared hazardous materials,
particularly in the air mode, pose a significant safety threat.
Improper packing and handling of these shipments could result in a
release or a failure to communicate the inherent hazard or risk of the
materials to emergency responders and transportation workers.
Improperly packaged batteries, electrical devices, and articles such as
lighters which contain ignition devices can serve as a source of fire
if damaged during handling and transport. The issue of undeclared
dangerous goods has received significant attention in recent years. The
actual number of undeclared hazardous materials shipments is not known
but when reported is generally related to an incident or accident in
air transport.
In addition, operator and freight forwarder personnel, particularly
those accepting general cargo (non-hazardous materials) are trained to
be alert for undeclared or ``hidden'' hazardous materials. Consignments
of packages marked with key words such as ``lithium batteries,''
``chemicals,'' and the like, or with certain markings and labels may be
challenged by carriers or freight forwarders and acceptance delayed,
while the shipper verifies that the goods are not regulated. Infrequent
consignors and those that have not received appropriate training must
still be aware of the applicable requirements. The air acceptance
process is based on a system of checks and balances that ensures that
hazardous materials are properly prepared in accordance with the ICAO
TI and in full compliance with all applicable safety requirements. When
hazardous materials are offered for transportation in compliance with
all applicable requirements, the risk in transport is significantly
reduced. To enable air carriers to ascertain that a shipment conforms
to applicable requirements, in this NPRM, for transportation by
aircraft, we are proposing a number of amendments consistent with
recently adopted amendments in the ICAO TI. Specifically we are
proposing to require the consignor to include on the ``air waybill'' an
indication that a hazardous material or article has met the applicable
conditions for transport. This indication will allow freight forwarders
and operators to verify that the consignor is aware of, and has
complied with, the applicable regulatory requirements. Additionally, it
will reduce the likelihood of unnecessary carrier delays by improving
communication.
Section 173.196
Section 173.196 establishes packaging requirements for Category A
infectious substances. In this NPRM, we are proposing to revise
paragraphs (a)(1) and (a)(2) by replacing the word ``watertight'' with
``leakproof.'' These proposed revisions are consistent with
international regulations. No substantive changes to the packaging
requirements are intended by this wording change.
Section 173.206
In this rulemaking, we are proposing to add a new packaging section
(Sec. 173.206) to the HMR to harmonize with new packaging requirements
for water-reactive chlorosilanes adopted in the Fifteenth revised
edition of the UN Recommendations. The enhanced packaging requirements
more adequately address the water-reactive properties of these
materials. We are also evaluating whether packaging for other water-
reactive materials should also be enhanced. Depending on the outcome of
our evaluation, we may propose further amendments to the UN
Recommendations and the HMR. In the meantime, the entries affected by
the proposed addition of new packaging Sec. 173.206 are as follows:

[[Page 44819]]

UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Section 173.222
Section 173.222 specifies the requirements for dangerous goods in
machinery or apparatus. Paragraph (c) of this section specifies the
total net quantity limits contained in one item of machinery or
apparatus. Consistent with the ICAO TI, we are proposing to prohibit
Division 2.2 gases with subsidiary risks and refrigerated liquefied
gases for transportation by aircraft as dangerous goods in machinery or
apparatus.
Section 173.225
Section 173.225 specifies packaging requirements and other
provisions for organic peroxides. When the Sec. 172.101 table
specifies this section, the organic peroxide must be packaged and
offered for transportation in accordance with the provisions of this
section. Each packaging must also conform to the general requirements
of Subpart B of Part 173 and to the applicable requirements of Part 178
of the HMR. Specifically, organic peroxides that require temperature
control are subject to Sec. 173.21(f). When an IBC or bulk packaging
is authorized and meets the requirements of paragraph (f) or (h) of
Sec. 173.225, respectively, lower control temperatures than those
specified for non-bulk packaging may be required. An organic peroxide
not identified in paragraph (c), (e), or (g) of Sec. 173.225 by
technical name, or not assigned to a generic type in accordance with
paragraph (b)(3) of this section, must conform to the requirements in
paragraph (c) of Sec. 173.128.
The Organic Peroxides Table specifies by technical name those
organic peroxides that are authorized for transportation and not
subject to the approval provisions of Sec. 173.128. An organic
peroxide identified by technical name is authorized for transportation
only if it conforms to all applicable provisions of the table. In this
NPRM, we are proposing to amend the Organic Peroxides Tables by adding
new entries, revising current entries, and adding new Notes ``29,''
``30,'' and ``31'' following the Organic Peroxides Table. New Note
``29'' would indicate that specific entries are not subject to the
requirements of this subchapter for Division 5.2. New Notes ``30'' and
``31'' would indicate that for specific entries, organic peroxides with
a boiling point greater than 130 [deg]C (266 [deg]F) or available
oxygen less than or equal to 6.7% are acceptable. We are also proposing
to add new entries to the Organic Peroxide IBC Table in paragraph (e)
of this section.
The following current entries in the Organic Peroxides Table would
be amended:

UN3101 tert-Amyl peroxy-3,5,5-trimethylhexanoate
UN3117 Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion
in water]

The following entries would be added to the Organic Peroxides
Table:

UN3119 tert-Amyl peroxyneodecanoate
UN3119 tert-Amyl peroxypivalate
UN3106 tert-Butyl peroxy 3,5,5-trimethlyhexanoate
UN3115 Cumyl peroxyneodecanoate
Exempt Cyclohexanone peroxide(s)
UN3105 2,2-DI-(tert-amylperoxy)-butane
Exempt Dibenzoyl peroxide
UN3109 tert-Butyl peroxybenzoate
UN3103 1,1-DI-(tert-butylperoxy)-cyclohexane
UN3109 1,1-Di-(tert-Butylperoxy) cyclohexane
UN3105 1,1-DI-(tert-butylperoxy)-cyclohexane + tert-butylperoxy-2-
ethylhexanoate
Exempt Di-(2-tert-butylperoxyisopropyl) benzene(s)
UN3103 1,1-DI-(tert-butylperoxy)-3,3,5-trimethylcyclohexane
UN3118 DI-2,4-dichlorobenzoyl peroxide
Exempt Di-4-chlorobenzoyl peroxide
Exempt Dicumyl peroxide
UN3119 Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion
in water]
UN3119 Di-(2-neodecanoyl-peroxyisopropyl) benzene, as stable
dispersion in water
UN3115 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate
UN3117 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate
UN3119 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate [as a stable
dispersion in water]
UN3109 Methyl isopropyl ketone peroxide(s)
UN3107 3,3,5,7,7-Pentamethyl-1,2,4-trioxepane

A new Note ``30'' would be added following the Organic Peroxides
Table to read:
``Diluent type B with boiling point > 130 [deg]C (266 [deg]F).''
A new ``Note ``31'' would be added following the Organic Peroxides
Table to read:
``Active oxygen <= 6.7%.''
The following entries would be revised or added to the Organic
Peroxide IBC Table as follows:

UN3109 tert-Butyl peroxybenzoate, not more than 32% in diluent type
A
UN3109 1,1-Di-(tert-Butylperoxy) cyclohexane, not more than 37% in
diluent type A
UN3119 tert-Anyl peroxypivalate, not more than 32% in diluent type A
UN3119 tert-Butyl peroxyneodecanoate, not more than 52%, stable
dispersion, in water
UN3119 Di-(2-neodecanoylperoxyisopropyl) benzene, not more than 42%,
stable dispersion, in water
UN3119 3-Hydroxy-1,1-dimethylbutyl peroxy-neodecanoate, not more
than 52%, stable dispersion, in water

In addition, in the Organic Peroxide Portable Tank Table, UN3119
``Di-(3,5,5-trimethyl-hexanoyl) peroxide, not more than 38% in diluent
type A'' would be revised, and UN3119 ``tert-Amyl peroxyneodecanoate,
not more than 47% in diluent type A'' would be added as a new entry.
Section 173.226
Section 173.226 establishes non-bulk packaging requirements for
Division 6.1 PG I, Hazard Zone A materials. In this NPRM, we are
proposing to editorially revise paragraph (c) to enhance accuracy,
reduce misunderstanding, and provide a more user-friendly format.
Section 173.230
Section 173.230 establishes provisions for the transportation of
fuel cell cartridges containing flammable liquids. As portable
electronic devices continue to evolve, developers of fuel cell
technologies are considering various types of fuel sources to meet
increasing power demands. In addition to the flammable liquid fuel cell
cartridges currently addressed in the HMR, fuel cell technologies may
employ a range of fuels, including hydrogen in a metal hydride, butane,
borohydrides and formic acid. The fuels may be a gas such as hydrogen
in a metal hydride or butane that meets the defining criteria for a
Division 2.1 material; a solid borohydride (including formulations)
that meets the defining criteria for a Division 4.3 material; or liquid
or solid formulations that meet the defining criteria as a Class 8
material (e.g., sodium borohydride, or formic acid).
Provisions addressing these fuel cell technologies have already
been adopted in the Fifteenth revised edition of the UN
Recommendations, the ICAO TI and the IMDG Code. Additionally, we have
received petitions from HMT Associates, L.L.C. (P-1517) and the U.S.
Fuel Cell Council (P-1518) requesting that we align the HMR provisions
for fuel cell systems and cartridges with international standards.
Consistent with DOT's strategic goals of ensuring safety while
utilizing 21st century technology, we are proposing to add four new
proper shipping names to the HMT to describe the range of fuel used in
fuel cell cartridges: ``Water-reactive substances,'' UN3476;
``Corrosive substances,'' UN3477; ``Liquefied flammable gas,'' UN3478;
and ``Hydrogen in metal hydride,'' UN3479.

[[Page 44820]]

This proposal will provide guidance for the safe transportation of fuel
cells and will introduce a greater variety of technology into the
global market place. The type of hazard would not be included in the
proper shipping name but, instead, would be identified by the hazard
class or division (e.g., 2.1; 3; etc.). Readers should note that
liquefied flammable gases and hydrogen in a metal hydride are both
Division 2.1 materials used in fuel cell cartridges. However, the
provisions necessary for the safe transportation of these articles are
quite different and therefore, it is necessary to distinguish them with
separate shipping descriptions. In addition, because fuel cell
cartridges may contain any number of hazardous materials, we also
propose to revise Sec. 173.230 to provide a comprehensive system to
address the requirements for fuel cell cartridges containing various
hazardous materials. Paragraph (a) of this section would outline
requirements applicable to fuel cell cartridges containing any
authorized fuel, while paragraphs (b), (c), and (d) would outline
additional requirements unique to each fuel cell type. Further,
paragraph (e) would provide a list of authorized packages and
configurations, with paragraph (f) describing the additional
requirements for the transportation of fuel cell cartridges by
aircraft, including transport by passengers and crewmembers. Finally,
paragraphs (g) and (h) would outline the limited quantity and consumer
commodity provisions, respectively.
In addition, for consistency with the ICAO TI in regard to the
transportation of fuel cell cartridges, in Sec. 175.10, we propose to
expand the types of fuel cell cartridges permitted in carry-on baggage
by airline passengers and crew to include water-reactive substances and
hydrogen in a metal hydride. Fuel cells permitted for transport by
passengers and crew must continue to conform to certain rigorous
performance criteria outlined in Sec. 175.10.
Section 173.304(b)
Section 173.304(b) specifies additional requirements for liquefied
compressed gases in UN pressure receptacles. In a final rule published
on June 12, 2006, under Docket PHMSA-2005-17463 (HM-220E) entitled ``UN
Cylinders,'' (71 FR 33858), we adopted the filling limits for liquefied
compressed gases and mixtures in UN pressure receptacles specified in
the UN Recommendations. Based on a review of the P200 filling limits,
we lowered the filling limits for ten gases and added a table under
paragraph (c) in Sec. 173.304b to specify the revised filling limits.
The UN Recommendations subsequently adopted these revised filling
limits. Since there is no longer a need for the revised filling limits
for liquefied compressed gases in the HMR, in this NPRM, we propose to
remove paragraph (c) of Sec. 173.304b in its entirety. Current
paragraphs (d) and (e) would be re-designated accordingly.
Section 173.306
Section 173.306 establishes transportation requirements for limited
quantities of compressed gases. The ICAO TI have incorporated
provisions for the transportation of limited quantities of compressed
gases in plastic aerosols to keep abreast with new technology and on
the basis that plastic aerosols provide a level of safety equivalent to
other authorized packagings. Although the HMR do not currently allow
the transportation of these plastic aerosols by air, PHMSA has issued
several Special Permits authorizing such transportation with certain
restrictions, such as shipping paper, labeling, marking, and packaging
requirements. We have reviewed these materials from a risk/safety
perspective, and based on an equivalent level of safety determination
established by the Special Permits, and a record of the safe
transportation of plastic aerosols, we are proposing to adopt
requirements for the construction and use of plastic aerosols within
the HMR. We believe this proposed amendment will also enhance
international harmonization and provide relief to the regulated
community by reducing the need for Special Permits to transport these
materials. A new aerosol specification ``2S'' is proposed for inclusion
in Sec. 173.306, with corresponding requirements as detailed in a new
Sec. 178.33b.
We are also proposing to revise paragraph (j) to require the
consignor to include on an air waybill or other shipping documentation
an indication that a hazardous material or article has met the
applicable conditions for air transport. This indication will allow
freight forwarders and operators to verify that the consignor is aware
of, and has complied with, the applicable regulatory requirements.
Section 173.307
Section 173.307 specifies exceptions for compressed gases. The ICAO
TI have Special provision (A69) excepting from regulation articles
containing minimal amounts of gallium, mercury, or inert gas. Based on
a review that indicated the special provision was not assigned
appropriately among all inert gases, ICAO proposed to assign the
special provision to all the inert gases concerned. The HMR do not
currently have a similar provision for inert gases, although the HMR
have the same exception for articles containing gallium or mercury in
Sec. Sec. 173.162 and 173.164, respectively. Rather than adding a new
special provision, we are proposing to add to this section a general
exception for articles containing inert gas. This exception would
specify that manufactured articles or apparatuses, each containing not
more than 100 mg of inert gas and packaged so that the quantity of
inert gas per package does not exceed 1 g, are not subject to the HMR.
Section 173.322
Section 173.322 establishes specific packaging requirements for
ethyl chloride (UN1037). Recently, PHMSA became aware of an incident
involving an aluminum compressed gas cylinder containing ethyl
chloride. The investigation of this incident suggests the possibility
that a reaction occurred within the aluminum cylinder as a result of
the incompatibility between the ethyl chloride gas and the aluminum
cylinder. The HMR currently prohibit the transportation of ethyl
chloride in UN pressure receptacles constructed of aluminum alloy but
have no such prohibition for specification cylinders. To address this
occurrence, in this NPRM, we are proposing to prohibit the filling of
specification cylinders made of aluminum alloy (e.g., DOT 3AL) with
ethyl chloride.

Part 175

Section 175.10
Section 175.10 establishes exceptions for the transportation of
certain hazardous materials by aircraft, including hazardous materials
that may be carried by passengers, crewmembers, and air operators in
checked or carry-on baggage. In this NPRM, we are proposing to revise
the exception for dry ice in paragraph (a)(10) to clarify that dry ice
carried in both carry-on and checked baggage is subject to the approval
of the aircraft operator.
As noted under the discussion in Sec. 173.230, we are also
proposing to revise paragraph (a)(18) to expand the types of fuel cell
cartridges permitted in carry-on baggage by airline passengers and
crew. Fuel cells permitted for transport by passengers and crewmembers
must continue to conform to the rigorous performance criteria outlined
in Sec. 175.10.
In addition, we are proposing to revise paragraph (a) and add a new
paragraph (c) to specify that the

[[Page 44821]]

requirements to submit incident reports under Sec. Sec. 171.15 and
171.16 of this subchapter apply to the air carrier.
Section 175.33
Section 175.33 establishes requirements for shipping papers and
notification of pilot-in-command for hazardous materials transported by
aircraft. We are proposing several amendments to strengthen and clarify
these requirements, harmonize with international standards, and address
a recommendation of the National Transportation Safety Board (NTSB)
arising out of a 2006 incident.
On February 7, 2006, United Parcel Service Company (UPS) flight
1307, landed at its destination, Philadelphia International Airport,
after a cargo smoke indication in the cockpit. The flight crewmembers
evacuated the airplane upon landing and sustained minor injuries. The
aircraft and most of the cargo, however, were destroyed. In its
investigation of the incident, the NTSB determined that UPS personnel
were able to retrieve the notice to captain (NOTOC), which contained
information on the hazardous materials on board the airplane. However,
NTSB also determined that personnel did not provide emergency
responders with detailed information about the hazardous materials on
board the airplane in a timely manner, and such a delay could have
potentially created a safety hazard. As a result of its findings, NTSB
recommended that PHMSA ``require aircraft operators that transport
hazardous materials to immediately provide consolidated and specific
information about hazardous materials on board an aircraft, including
proper shipping name, hazard class, quantity, number of packages, and
location to on-scene emergency responders upon notification of an
accident or incident.'' (NTSB Recommendation A-07-106)
The HMR currently require aircraft operators to make available,
upon request, to an authorized official of a Federal, State, or local
government agency, including an emergency responder, at reasonable
times and locations, the documents or information required by Sec.
175.33, which include shipping papers and notification of pilot-in-
command. However, aircraft operators are not required to provide
hazardous materials information to emergency responders immediately
upon notification of an accident or incident. We agree with NTSB that
delays in the transmittal of information to emergency responders could
delay timely and effective response to incidents. Under the Docket HM-
206C NPRM published on March 25, 2003 (68 FR 14341), we stated that the
``information'' must be provided to an emergency responder with no
undue delay.'' Therefore, in this NPRM, we are proposing to revise
paragraph (c)(4) of this section to require aircraft operators that
transport hazardous materials to provide immediate and specific
information about hazardous materials on board an aircraft, including
proper shipping name, hazard class, quantity, number of packages, and
location, to on-scene emergency responders in the event of an accident
or incident.
In addition, for consistency with international regulations, in
this NPRM, we are proposing to add a new paragraph (a)(11) to specify
that for ``Carbon dioxide, solid (dry ice),'' UN1845, only the UN
number, proper shipping name, class, total quantity, exact location
aboard the aircraft, and the airport at which the package(s) is to be
unloaded need be provided.
In response to a FedEx Express petition, [P-1490], we are also
proposing to revise Sec. 175.33(a)(1)(i) to remove the requirement
that the type of package must be included on the notification of pilot-
in-command.
Section 175.75
Section 175.75 specifies the requirements for quantity limitations
and cargo locations for hazardous materials transported by aircraft.
Paragraph (d) requires that each package containing a hazardous
material acceptable only for cargo aircraft must be loaded in such a
manner that a crew member or other authorized person can access, handle
and when size and weight permit, separate such packages from other
cargo during flight. To increase flexibility in these stowage
requirements, we believe we can expand this requirement to allow for
the stowage of these materials in inaccessible cargo compartments
without decreasing the current level of safety, provided the
compartment has an FAA-approved fire or smoke detection system and a
fire-suppression system. Therefore, in this NPRM, we are proposing to
revise paragraph (d) to provide an alternative that a package
containing a hazardous material acceptable only for cargo aircraft may
be loaded in an inaccessible cargo compartment provided the compartment
has an FAA-approved fire or smoke detection system and a fire-
suppression system. Accordingly, we would also revise paragraph (d) to
provide for a more user-friendly format.
Section 175.88
Section 175.88 specifies the requirements for the inspection,
orientation and securing of packages of hazardous materials transported
by aircraft. We are proposing to revise paragraph (c) to specify that
packages of hazardous materials must be secured at all times in an
aircraft in a manner that will prevent shifting or prevent a change in
the position of the packages in the cargo compartment.

Part 176

Section 176.2
Section 176.2 establishes definitions specific to the
transportation of hazardous materials by vessel. In this NPRM, we are
proposing to editorially revise the definition for ``Commandant'' to
update a routing designation.
Section 176.3
Section 176.3 establishes requirements for shipments of hazardous
materials that are unacceptable for transportation by vessel, and
requires compliance with parts 172 and 173 of the HMR. In this NPRM, we
are proposing to specify that compliance with part 171 is also
required.
Section 176.84
Section 176.84 establishes requirements for stowage and segregation
for cargo vessels and passenger vessels. Consistent with proposed
revisions for certain materials in the HMT, we are proposing to remove
stowage codes ``134,'' ``139,'' and ``140,'' and add a new stowage code
``145.'' Stowage code 140 is assigned to ``Aluminum alkyl halides,
liquid,'' UN3052, and ``Aluminum alkyl halides, solid,'' UN3461. Both
of these shipping descriptions are proposed to be removed consistent
with the adoption of appropriate generic organometallic entries.
Stowage code ``139'' provides instruction to ``stow `separated from'
mercury salts.'' The provision is a duplicate of stowage code ``70,''
and both codes are assigned to the entry ``1,4-Butynediol,'' UN2716.
Additionally, stowage code ``139'' is only assigned to this specific
entry. Therefore, we are proposing to remove stowage code ``139.''
Stowage code ``140'' provides instruction to ``stow `separated from'
UN3052 and UN3461,'' which are identification numbers for aluminum
alkyl halides in liquid and solid form, respectively. These entries are
proposed to be removed in this rule. Consistent with the removal of
these UN numbers from the hazardous materials table we are proposing to
remove stowage code ``140.'' Stowage code ``145'' provides instruction
to ``stow `separated from' ammonium compounds

[[Page 44822]]

except for UN1444.'' The stowage code is assigned to ``Potassium
persulfate,'' UN1492, and ``Sodium persulfate,'' UN1505. These
materials may form explosive mixtures with ammonium compounds; however,
they do not react dangerously or form explosive mixtures when in
contact with ``Ammonium persulphate,'' UN1444. Finally, in order to
fully align the HMR with the IMDG Code, a new vessel stowage code
``146'' is added to specify that, ``Category B stowage applies for unit
loads in open cargo transport units.'' The new vessel stowage code
``146'' is assigned to ``Batteries, wet, filled with acid, electric
storage,'' UN2794 and ``Batteries, wet, filled with alkali, electric
storage,'' UN2795 in column (10B) of the HMT.
Section 176.172
Section 176.172 establishes the structural serviceability
requirements for freight containers and vehicles carrying Class 1
(explosive) materials on vessels. The IMDG Code, as recently amended,
establishes similar requirements; however, unlike the HMR, the IMDG
requirements expressly except containers carrying Division 1.4
explosives. Under the HMR, as provided in Sec. 176.172(c), Division
1.4 explosive materials need not be accompanied by a statement
certifying that the freight container is structurally serviceable.
However, this certification exception does not explicitly except
freight containers carrying Division 1.4 explosives from the underlying
serviceability requirements. Because Division 1.4 explosives pose a
minimal explosive risk, the structural serviceability requirements,
like an accompanying certification, become correspondingly less
valuable as a safety control. Therefore, in this rulemaking, we propose
to amend paragraph (a) of this section to be consistent with the
requirements of the IMDG Code, by excluding freight containers
containing Division 1.4 explosive materials from the serviceability
requirements.

Part 178

Section 178.33b
As noted in the discussion under Sec. 173.306, we are proposing to
add a new section that defines the design, construction, and testing
requirements for plastic aerosols. Specifically, we are proposing to
add a new Sec. 178.33b to specify packaging; compliance; type and
size; inspection; duties of an inspector; material; manufacture; design
qualification, production, and leak testing; and marking requirements
for plastic aerosols.
Section 178.502
Section 178.502 establishes the identification codes for marking
packagings to certify conformance with UN performance standards. We
propose to include a note at the end of this section to indicate that
plastic materials include other polymeric materials such as rubber and,
thus, the code used to designate plastic packagings may also be used
for packagings constructed of other polymeric materials.
Section 178.703
Section 178.703 establishes marking requirements for IBCs. We
propose to include an additional marking requirement to specify the
maximum permitted stacking load applicable when an IBC is in use, with
a transition date until January 1, 2011. The symbol must be not less
than 100 mm (3.9 inches) x 100 mm (3.9 inches), and must be durable and
clearly visible. The letters and numbers must be at least 12 mm high
(.48 inches). The mass marked above the symbol must not exceed the load
imposed during the design test divided by 1.8.
Section 178.801
Section 178.801 establishes general requirements for the testing of
IBCs. For clarification, in this NPRM, we propose to add a sentence to
paragraph (f) to specify that the IBC must be fitted with the primary
bottom closure during production testing and inspection.
Section 178.810
Section 178.810 establishes the requirements for a drop test
conducted for the qualification of all IBC design types. In this NPRM,
we propose to revise the criteria in paragraph (e) for passing the drop
test to specify that no damage is permitted which renders the IBC
unsafe to be transported for salvage or for disposal, or results in a
loss of contents. In addition, we are revising this paragraph to
specify that the IBC must be capable of being lifted by an appropriate
means until clear of the floor for five minutes.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This proposed rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This proposed rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, as discussed
in detail above, the proposed rule amends the HMR to more fully align
them with the biennial updates of the UN Recommendations, the IMDG Code
and the ICAO TI; this will facilitate the transport of hazardous
materials in international commerce.
Harmonization serves to facilitate international transportation; at
the same time, harmonization promotes the safety of people, property,
and the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated public.
Thus, as explained in the corresponding sections above, we are not
proposing harmonization with certain specific provisions of the UN
Recommendations, the IMDG Code, and the ICAO TI. Moreover, we are
maintaining a number of current exceptions for domestic transportation
that should minimize the compliance burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This rule proposes to
amend the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail above, the rule proposes to incorporate changes into the HMR
based on the Fifteenth revised edition of the UN Recommendations,
Amendment 34 to the IMDG Code, and the 2009-2010 ICAO TI, which become
effective January 1, 2009. The continually increasing amount of
hazardous materials transported in international commerce warrants the
harmonization of domestic and international

[[Page 44823]]

requirements to the greatest extent possible.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not reviewed by the Office of Management and Budget. The proposed rule
is not considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034]. This
proposed rule applies to offerors and carriers of hazardous materials,
such as chemical manufacturers, chemical users and suppliers, packaging
manufacturers, distributors, battery manufacturers, radiopharmaceutical
companies, and training companies. Benefits resulting from the adoption
of the amendments in this proposed rule include enhanced transportation
safety resulting from the consistency of domestic and international
hazard communications and continued access to foreign markets by U.S.
manufacturers of hazardous materials.
The majority of amendments in this proposed rule should result in
cost savings and ease the regulatory compliance burden for shippers
engaged in domestic and international commerce, including trans-border
shipments within North America.
We propose a one-year transition period to allow for training of
employees and to ease any burden on entities affected by the
amendments. The total net increase in costs to businesses in
implementing the proposed rule is considered to be minimal. Initial
start-up and inventory costs would result from these changes; however,
the costs would be offset by greater long-term savings of conformance
with one set of regulations and a one-year transition period. A
regulatory evaluation is available for review in the public docket for
this rulemaking.

C. Executive Order 13132

This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule preempts State, local and Indian
tribe requirements but does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects, as follows:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1), (2), (3),
(4) and (5) above and preempts State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
proposed rule is necessary to incorporate changes adopted in
international standards, effective January 1, 2009. If the changes in
this proposed rule are not adopted in the HMR, U.S. companies,
including numerous small entities competing in foreign markets, would
be at an economic disadvantage. These companies would be forced to
comply with a dual system of regulations. The changes in this proposed
rulemaking are intended to avoid this result. Federal hazardous
materials transportation law provides at section 5125(b)(2) that, if
DOT issues a regulation concerning any of the covered subjects, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. PHMSA proposes the effective
date of Federal preemption be 90 days from publication of a final rule
in this matter.

D. Executive Order 13175

This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications, does not impose substantial
direct compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. This proposed rule applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
users and suppliers, packaging manufacturers, distributors, battery
manufacturers, and training companies. As discussed above, under
Executive Order 12866, the majority of amendments in this proposed rule
should result in cost savings and ease the regulatory compliance burden
for shippers engaged in domestic and international commerce, including
trans-border shipments within North America.
Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

Section 1320.8(d), Title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. There are no new information collection
requirements in this notice of proposed rulemaking.

[[Page 44824]]

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$132 million or more, adjusted for inflation, to either State, local or
tribal governments, in the aggregate, or to the private sector in any
one year, and is the least burdensome alternative that achieves the
objective of the rule.

I. Environmental Assessment

The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Counsel on Environmental Quality (CEQ) regulations
order federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
PHMSA is proposing to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods. The
amendments are intended to enhance the safety of international
hazardous materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet the definition of a marine
pollutant in all modes of transportation. The intended effect is to
increase the level of safety associated with the transportation of
substances hazardous to the marine environment by way of improved
communication of their presence in transportation and establishing
appropriate requirements for their packaging. The HMR uses a list based
system designed to help shippers determine if a material meets the
definition of a marine pollutant. Recently, the IMO adopted a criteria
based system for identification of materials hazardous to the marine
environment based on the Globally Harmonized System of Classification
and Labelling of Chemicals (GHS).
2. Alternatives
In developing this proposed rule, we considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards in their entirety.
(3) Adopt most of the international standards, with certain
modifications based on safety or economic considerations.
Alternative 1:
Because our goal is to facilitate uniformity, compliance, commerce
and safety in the transportation of hazardous materials, we rejected
this alternative.
Alternative 2:
Under this alternative, we would adopt the classification criteria
for marine pollutants in the IMDG Code consistent with the aquatic
toxicity criteria adopted within the GHS. However, the new
classification system adopted into the IMDG Code is complicated and the
associated criteria for classifying mixtures containing marine
pollutants would involve an additional layer of complexity without a
corresponding public benefit. Therefore, we are not proposing to
require the use of the new IMDG Code environmental classification
system.
Alternative 3:
Consistency between U.S. and international regulations helps to
assure the safety of international hazardous materials transportation
through better understanding of the regulations, an increased level of
industry compliance, the smooth flow of hazardous materials from their
points of origin to their points of destination, and effective
emergency response in the event of a hazardous materials incident.
Under Alternative 3, we would harmonize the HMR with international
standards to the extent consistent with U.S. safety and economic goals.
As indicated above, we would not adopt provisions that, in our view, do
not provide an adequate safety level. Further, we would provide for
exceptions and extended compliance periods to minimize the potential
economic impact of any revisions on the regulated community.
Under this alternative, we would maintain the current marine
pollutant criteria and list while permitting the use of the GHS
Criteria. If a material not listed as a marine pollutant in the HMR
meets the definition of a marine pollutant in accordance with the GHS,
that material may be transported as a marine pollutant in accordance
with the applicable regulations. Alternative 3 is the only alternative
that addresses, in all respects, the purpose of this regulatory action,
which is to facilitate the safe and efficient transportation of
hazardous materials in international commerce. These actions will
provide the greatest possible harmonization with international
requirements without posing an undue increased cost burden on industry.
For these reasons, alternative 3 is our recommended alternative.
3. Analysis of Environmental Impacts
Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in accidents or en
route incidents resulting from cargo shifts, valve failures, package
failures, or loading, unloading, or handling problems. The ecosystems
that could be affected by a release include air, water, soil, and
ecological resources (for example, wildlife habitats). The adverse
environmental impacts associated with releases of most hazardous
materials are short-term impacts that can be greatly reduced or
eliminated through prompt clean-up of the accident scene. Most
hazardous materials are not transported in quantities sufficient to
cause significant, long-term environmental damage if they are released.
The hazardous material regulatory system is a risk-management
system that is prevention-oriented and focused on identifying hazards
and reducing the probability and quantity of a hazardous material
release. Amending the Hazardous Materials Regulations to maintain
alignment with international standards enhances the safe transportation
of hazardous materials in domestic and international commerce. When
considering the adoption of

[[Page 44825]]

international standards under the HMR, we review and consider each
amendment on its own merit and assess their impact on transportation
safety and the environment.
Alternative 1 would maintain the current marine pollutant
classification system without change. We do not believe this would
result in any significant impacts on the environment. Alternative 2 may
result in a significant environmental impact if a material listed in
the current marine pollutant list does not meet the GHS criteria. The
recommended alternative 3 maintains the marine pollutant criteria and
allows the voluntary use of the GHS criteria adopted by the IMDG Code.
When a material meets the criteria under the GHS criteria but not the
HMR, the material may still be transported under the applicable
requirements for a marine pollutant. This would communicate the
presence of an environmentally hazardous material consistent with the
IMDG Code. Conversely, if a listed marine pollutant does not meet the
GHS criteria, the material must be transported as a marine pollutant
under the HMR unless approved by the Associate Administrator. The
recommended alternative 3 would not result in any significant impact on
the environment.
4. Consultations and Public Comment
On June 22, 2005, November 16, 2005, June 21, 2006, and November
29, 2006, PHMSA hosted public meetings with public and private
stakeholders to discuss draft U.S. positions on the United Nations'
Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE)
proposals for the Fifteenth revised edition of the UN Recommendations
on the Transport of Dangerous Goods Model Regulations. In addition,
PHMSA and the U.S. Coast Guard hosted a public meeting on August 29,
2006, and hosted a second meeting on September 6, 2007, to discuss
amendments to the IMDG Code. A public meeting was held in October 2007
to discuss amendments to the ICAO TI. During these public meetings,
U.S. positions on proposed amendments to the UN Recommendations were
considered and discussed. Positions were established based on input
received during these meetings in conjunction with internal review,
including thorough technical review.
We have identified a number of immediate and long-term actions that
participants in the international community are taking or will take to
enhance the safe transportation of hazardous materials. Through this
integrated and cooperative approach, we believe we can be most
successful in reducing incidents, enhancing safety, and protecting the
public. We expect to receive comments from other agencies and affected
members of the regulated and international communities during the
comment period.

J. Privacy Act

Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we have assessed the effects of the proposed rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 175

Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 176

Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.

49 CFR Part 178

Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

2. In Sec. 171.7, in the paragraph (a)(3) table, the following
changes are made:
a. Under the entry ``International Civil Aviation Organization
(ICAO),'' the entry ``Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), 2007-2008
Edition'' is revised;
b. Under the entry ``International Maritime Organization (IMO)''
the entries ``International Maritime Dangerous Goods Code (IMDG Code),
2006 Edition, Incorporating Amendment 33-06 (English Edition), Volumes
1 and 2,'' and ``International Convention for the Safety of Life at Sea
(SOLAS) Amendments 2000, Chapter II-2, Regulation 19, 2001'' are
revised;
c. Under the entry ``International Organization for
Standardization,'' the entries ``ISO 10156:1996, Gases and Gas
Mixtures--Determination of fire potential and oxidizing ability for the
selection of cylinder valve outlets, Second edition, May 2005 (E)'' and
``ISO 10156-2:2005, Gas cylinders--Gases and gas mixtures--Part 2:
Determination of oxidizing ability of toxic and corrosive gases and gas
mixtures, First

[[Page 44826]]

edition, August 2005, (E)'' are added in appropriate numerical order;
and
d. Under the entry ``United Nations,'' the entry ``UN
Recommendations on the Transport of Dangerous Goods, Fourteenth revised
edition (2005), Volumes I and II'' is revised.
The addition and revisions read as follows:

Sec. 171.7 Reference material.

(a) * * *
(3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------

* * * * * * *
International Civil Aviation Organization
(ICAO).

* * * * * * *
Technical Instructions for the Safe 171.8; 171.22; 171.23;
Transport of Dangerous Goods by Air (ICAO 171.24; 172.202; 172.401;
Technical Instructions), 2009-2010 172.512; 172.602; 173.56;
Edition. 173.320; 175.33; 178.3.
International Maritime Organization (IMO).

* * * * * * *
International Convention for the Safety of 176.63, 176.84.
Life at Sea (SOLAS), Amendments 2002,
Chapter II-2/Regulation 19, 2004.
International Maritime Dangerous Goods 171.22; 171.23; 171.25;
Code (IMDG Code), 2008 Edition, 172.101 Appendix B;
Incorporating Amendment 34-08 (English 172.202; 172.401; 172.502;
Edition), Volumes 1 and 2. 172.602; 173.21; 173.56;
176.2; 176.5; 176.11;
176.27; 176.30; 176.84;
178.3.

* * * * * * *
International Organization for
Standardization.

* * * * * * *
ISO 10156:1996, Gases and Gas Mixtures-- 173.115.
Determination of fire potential and
oxidizing ability for the selection
of cylinder valve outlets, Second
edition, May 2005 (E).
ISO 10156-2:2005, Gas cylinders--Gases and 173.115.
gas mixtures--
Part 2: Determination of oxidizing
ability of toxic and corrosive gases
and gas mixtures, First edition,
August 2005, (E).

* * * * * * *
United Nations............................

* * * * * * *
UN Recommendations on the Transport of 171.12; 171.22; 171.23;
Dangerous Goods, Fifteenth revised 172.202; 172.401; 172.502;
edition (2007). Volumes I and II. 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192;
173.197; 173.302b;
173.304b; 178.75; 178.274;
178.801.

* * * * * * *
------------------------------------------------------------------------

3. In Sec. 171.14, paragraphs (d) introductory text, (d)(1) and
(d)(2) introductory text are revised to read as follows:

Sec. 171.14 Transitional provisions for implementing certain
requirements.

* * * * *
(d) A final rule published in the Federal Register on [PUBLICATION
DATE OF FINAL RULE], effective January 1, 2009, resulted in revisions
to this subchapter.
During the transition period, until January 1, 2010, as provided in
paragraph (d)(1) of this section, a person may elect to comply with
either the applicable requirements of this subchapter in effect on
December 31, 2008, or the requirements published in the [PUBLICATION
DATE OF FINAL RULE] final rule.
(1) Transition dates. The effective date of the final rule
published on [PUBLICATION DATE OF FINAL RULE] is January 1, 2009. A
delayed compliance date of January 1, 2010, is authorized. Unless
otherwise specified, on and after January 1, 2010, all applicable
regulatory requirements adopted in the final rule in effect on January
1, 2009, must be met.
(2) Intermixing old and new requirements. Marking, labeling,
placarding, and shipping paper descriptions must conform to either the
old requirements of this subchapter in effect on December 31, 2008, or
the new requirements of this subchapter in the final rule [PUBLICATION
DATE OF FINAL RULE] without intermixing communication elements, except
that intermixing is permitted during the applicable transition period
for packaging, hazard communication and handling provisions, as
follows:
* * * * *
4. In Sec. 171.15, paragraphs (b)(4) and (b)(5) are revised and a
new paragraph (b)(6) is added to read as follows:

Sec. 171.15 Immediate notice of certain hazardous materials
incidents.

* * * * *
(b) * * *
(4) A release of a marine pollutant occurs in a quantity exceeding
450 L (119 gallons) for a liquid or 400 kg (882 pounds) for a solid;
(5) A situation exists of such a nature (e.g., a continuing danger
to life exists at the scene of the incident) that, in the judgment of
the person in possession of the hazardous material, it should be
reported to the NRC even though it does not meet the criteria of
paragraph (b)(1), (2), (3) or (4) of this section; or
(6) A fire, violent rupture, explosion or a dangerous evolution of
heat occurs involving electrical devices, such as batteries or battery-
powered devices.
* * * * *
5. In Sec. 171.16, paragraph (a)(2) is revised to read as follows:

[[Page 44827]]

Sec. 171.16 Detailed hazardous materials incident reports.

(a) * * *
(2) An unintentional release of hazardous material or the discharge
of any quantity of hazardous waste. For incidents involving batteries
or battery-powered devices, this includes those incidents resulting in
the production of smoke, sparks, or dangerous evolution of heat;
* * * * *
6. In Sec. 171.25, new paragraph (c)(5) is added to read as
follows:

Sec. 171.25 Additional requirements for the use of IMDG Code.

* * * * *
(c) * * *
(5) Portable tanks, cargo tanks, and tank cars containing cryogenic
liquids must be stowed ``on deck'' regardless of the stowage authorized
in the IMDG Code. Cargo tanks or tank cars containing cryogenic liquids
may be stowed one deck below the weather deck when transported on a
trailership or trainship that is unable to provide ``on deck'' stowage
because of the vessel's design. Tank cars must be Class DOT-113 or AAR-
204W tank cars.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS

7. The authority citation for part 172 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

8. In Sec. 172.101, in the Hazardous Materials Table, in Column
(7), remove ``TP12'' each place it appears.
9. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising entries, in the appropriate alphabetical
sequence, to read as follows:

[[Page 44828]]

Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard Special --------------------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes provisions
proper shipping division numbers (Sec. Exceptions Non-bulk Bulk Passenger Cargo Location Other
names 172.102) aircraft/rail aircraft only
(1) (2).............. (3) (4)............. (5).......... (6)............. (7).......... (8A)......... (8B)......... (8C)......... (9A)......... (9B)......... (10A)........ (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE].........

* * * * * * *
Aluminum alkyl 4.2 UN3052.......... I............ 4.2, 4.3........ 173, B9, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D............ 134
halides, liquid. T21, TP2,
TP7.
Aluminum alkyl 4.2 UN3461.......... I............ 4.2, 4.3........ 173, T21, None......... 181.......... 244.......... Forbidden.... Forbidden.... D............ 134
halides, solid. TP7, TP33.
Aluminum alkyl 4.2 UN3076.......... I............ 4.2, 4.3........ 173, B9, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D.
hydrides. T21, TP2,
TP7.
Aluminum alkyls.. 4.2 UN3051.......... I............ 4.2, 4.3........ 173, B9, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D.
T21, TP2,
TP7.

* * * * * * *
Batteries, dry, .......... ................ ............. 130.
not subject to
the requirements
of this
subchapter.

* * * * * * *
+............................. Chloronitrobenzen 6.1 UN3409.......... II........... 6.1............. IB2, T7, TP2. 153.......... 202.......... 243.......... 5 L.......... 60 L......... A.
e, liquid ortho.
+............................. Chloronitrobenzen 6.1 UN1578.......... II........... 6.1............. IB8, IP2, 153.......... 212.......... 242.......... 25 kg........ 100 kg....... A.
es, solid meta IP4, T3,
or para. TP33.

* * * * * * *
Chlorosilanes, 6.1 UN3361.......... II........... 6.1, 8.......... IB1, T11, None......... 202.......... 243.......... 1 L.......... 30 L......... C............ 40
toxic, TP2, TP13.
corrosive, n.o.s.
Chlorosilanes, 6.1 UN3362.......... II........... 6.1, 3, 8....... IB1, T11, None......... 202.......... 243.......... 1 L.......... 30 L......... C............ 40, 125
toxic, TP2, TP13.
corrosive,
flammable, n.o.s.

* * * * * * *
Diethylzinc...... 4.2 UN1366.......... I............ 4.2, 4.3........ 173, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D............ 18
T21, TP2,
TP7.

* * * * * * *
Dimethylzinc..... 4.2 UN1370.......... I............ 4.2, 4.3........ 173, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D............ 18
B16, T21,
TP2, TP7.

* * * * * * *
Fuel cell 3 UN3473.......... II........... 3............... ............. 150.......... 230.......... None......... 5 L.......... 60 L......... A.
cartridges
containing
flammable
liquids.

[[Page 44829]]

* * * * * * *
Hydrogen in a 2.1 UN3468.......... ............. 2.1............. 167.......... None......... 214.......... None......... Forbidden.... 100 kg gross. D.
metal hydride
storage system.

* * * * * * *
Lithium alkyls, 4.2 UN2445.......... I............ 4.2, 4.3........ 173, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D.
liquid. T21, TP2,
TP7.
Lithium alkyls, 4.2 UN3433.......... I............ 4.2, 4.3........ 173, B11, None......... 181.......... 244.......... Forbidden.... Forbidden.... D.
solid. T21, TP7,
TP33.

* * * * * * *
Magnesium alkyls. 4.2 UN3053.......... I............ 4.2, 4.3........ B11, T21, None......... 181.......... 244.......... Forbidden.... Forbidden.... D............ 18
TP2, TP7.

* * * * * * *
Magnesium 4.2 UN2005.......... I............ 4.2............. 173, T21, None......... 187.......... 244.......... Forbidden.... Forbidden.... C.
diphenyl. TP7, TP33.

* * * * * * *
Nitric acid other 8 UN2031.......... II........... 8............... A6, B2, B47, None......... 158.......... 242.......... Forbidden.... 30 L......... D............ 44, 66, 89,
than red fuming, B53, IB2, 90, 110, 111
with not more T8, TP2,
than 70 percent TP12.
nitric acid.

* * * * * * *
Pentaerythrite 4.1 UN3344.......... II........... 4.1............. 118, N85..... None......... 214.......... None......... Forbidden.... Forbidden.... E.
tetranitrate
mixture,
desensitized,
solid, n.o.s.
with more than
10 percent but
not more than 20
percent PETN, by
mass.

* * * * * * *
Trinitrophenol, 4.1 UN1344.......... I............ 4.1............. 23, A8, A19, None......... 211.......... None......... 1 kg......... 15 kg........ E............ 28, 36
wetted with not N41.
less than 30
percent water,
by mass.

* * * * * * *
Trinitrotoluene, 4.1 UN1356.......... I............ 4.1............. 23, A2, A8, None......... 211.......... None......... 0.5 kg....... 0.5 kg....... E............ 28
wetted with not A19, N41.
less than 30
percent water,
by mass.

* * * * * * *
Xenon............ 2.2 UN2036.......... ............. 2.2............. ............. 306.......... 302.......... None......... 75 kg........ 150 kg....... A.

* * * * * * *
[ADD]............

* * * * * * *
Batteries, dry, .......... ................ ............. ................ 130..........
sealed, n.o.s.

[[Page 44830]]

* * * * * * *
+............................. Chloronitrobenzen 6.1 UN3409.......... II........... 6.1............. IB2, T7, TP2. 153.......... 202.......... 243.......... 5 L.......... 60 L......... A.
es, liquid.
+............................. Chloronitrobenzen 6.1 UN1578.......... II........... 6.1............. IB8, IP2, 153.......... 212.......... 242.......... 25 kg........ 100 kg....... A.
es, solid. IP4, T3,
TP33.

* * * * * * *
Chlorosilanes, 8 UN2986.......... II........... 8, 3............ T14, TP2, None......... 206.......... 243.......... 1 L.......... 30 L......... C............ 40
corrosive, TP7, TP13,
flammable, n.o.s. TP27.

* * * * * * *
Chlorosilanes, 6.1 UN3362.......... II........... 6.1, 3, 8....... T14, TP2, None......... 206.......... 243.......... 1 L.......... 30 L......... C............ 40, 125
toxic, TP7, TP13,
corrosive, TP27.
flammable, n.o.s.
Chlorosilanes, 6.1 UN3361.......... II........... 6.1, 8.......... T14, TP2, None......... 206.......... 243.......... 1 L.......... 30 L......... C............ 40
toxic, TP7, TP13,
corrosive, n.o.s. TP27.

* * * * * * *
Fuel cell 8 UN3477.......... ............. 8............... ............. 230.......... 230.......... 230.......... 5 kg......... 50 kg........ A.
cartridges or
Fuel cell
cartridges
contained in
equipment or
Fuel cell
cartridges
packed with
equipment,
containing
corrosive
substances.
Fuel cell 3 UN3473.......... ............. 3............... ............. 230.......... 230.......... 230.......... 5 kg......... 50 kg........ A.
cartridges or
Fuel cell
cartridges
contained in
equipment or
Fuel cell
cartridges
packed with
equipment,
containing
flammable
liquids.
Fuel cell 2.1 UN3479.......... ............. 2.1............. ............. 230.......... 230.......... 230.......... 1 kg......... 15 kg........ B.
cartridges or
Fuel cell
cartridges
contained in
equipment or
Fuel cell
cartridges
packed with
equipment,
containing
hydrogen in
metal hydride.

[[Page 44831]]

Fuel cell 2.1 UN3478.......... ............. 2.1............. ............. 230.......... 230.......... 230.......... 1 kg......... 15 kg........ B.
cartridges or
Fuel cell
cartridges
contained in
equipment or
Fuel cell
cartridges
packed with
equipment,
containing
liquefied
flammable gas.
Fuel cell 4.3 UN3476.......... ............. 4.3............. ............. 230.......... 230.......... 230.......... 5 kg......... 50 kg........ A.
cartridges or
Fuel cell
cartridges
contained in
equipment or
Fuel cell
cartridges
packed with
equipment,
containing water-
reactive
substances.

* * * * * * *
Hydrogen in a 2.1 UN3468.......... ............. 2.1............. 167.......... None......... 214.......... None......... Forbidden.... 100 kg gross. D............ 40
metal hydride
storage system
or Hydrogen in a
metal hydride
storage system
contained in
equipment or
Hydrogen in a
metal hydride
storage system
packed with
equipment.

* * * * * * *
1- 1.3C UN0508.......... ............. 1.3C............ ............. None......... 62........... None......... Forbidden.... Forbidden.... 10.
Hydroxybenzotria
zole, anhydrous,
dry or wetted
with less than
20 percent
water, by mass.
1- 4.1 UN3474.......... I............ 4.1............. 162, N90..... None......... 211.......... None......... 0.5 kg....... 0.5 kg....... D............ 28, 36
Hydroxybenzotria
zole, anhydrous,
wetted, with not
less than 20
percent water,
by mass.

* * * * * * *
Hypochlorite 8 UN1791.......... II........... 8............... A7, B2, B15, 154.......... 202.......... 242.......... 1 L.......... 30 L......... B............ 26
solutions. IB2, IP5,
N34, T7,
TP2, TP24.
III.......... 8............... IB3, N34, T4, 154.......... 203.......... 241.......... 5 L.......... 60 L......... B............ 26
TP2, TP24.

* * * * * * *
Nitric acid other 8 UN2031.......... II........... 8, 5.1.......... A6, B2, B47, None......... 158.......... 242.......... Forbidden.... 30 L......... D............ 66, 74, 89,
than red fuming, B53, IB2, 90
with at least 65 IP15, T8,
percent, but not TP2.
more than 70
percent nitric
acid.
Nitric acid, 8 UN2031.......... II........... 8............... A6, B2, B47, None......... 158.......... 242.......... Forbidden.... 30 L......... D............ 44, 66, 89,
other than red B53, IB2, 90, 110, 111
fuming, with IP15, T8,
less than 65 TP2.
percent nitric
acid.

[[Page 44832]]

* * * * * * *
Pentaerythrite 4.1 UN3344.......... II........... 4.1............. 118, N85..... None......... 214.......... None......... Forbidden.... Forbidden.... E.
tetranitrate
mixture,
desensitized,
solid, n.o.s. or
Pentaerythritol
tetranitrate
mixture,
desensitized,
solid, n.o.s. or
PETN mixture,
desensitized,
solid, n.o.s.,
with more than
10 percent but
not more than 20
percent PETN, by
mass.

* * * * * * *
D............................. Powder, smokeless 1.4C UN0509.......... ............. 1.4C............ ............. None......... 62........... None......... Forbidden.... Forbidden.... A.

* * * * * * *
Signals, 1.4G UN0505.......... ............. 1.4G............ ............. None......... 62........... None......... Forbidden.... 75 kg........ 06.
distress, ship.
Signals, 1.4S UN0506.......... ............. 1.4S............ ............. None......... 62........... None......... 25 kg........ 100 kg....... 05.
distress, ship.

* * * * * * *
Signals, smoke... 1.4S UN0507.......... ............. 1.4S............ ............. None......... 62........... None......... 25 kg........ 100 kg....... 05.

* * * * * * *
Trinitrotoluene, 4.1 UN1356.......... I............ 4.1............. 23, A2, A8, None......... 211.......... None......... 0.5 kg....... 0.5 kg....... E............ 28, 36
wetted or TNT, A19, N41.
wetted, with not
less than 30
percent water by
mass.

* * * * * * *
Xenon, compressed 2.2 UN2036.......... ............. 2.2............. ............. 306, 307..... 302.......... None......... 75 kg........ 150 kg....... A.

* * * * * * *
[REVISE].........

* * * * * * *
Allyltrichlorosil 8 UN1724.......... II........... 8, 3............ A7, B2, B6, None......... 206.......... 243.......... Forbidden.... 30 L......... C............ 40
ane, stabilized. N34, T10,
TP2, TP7,
TP13.

[[Page 44833]]

* * * * * * *
Amyltrichlorosila 8 UN1728.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ne. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Argon, compressed 2.2 UN1006.......... ............. 2.2............. ............. 306, 307..... 302.......... 314, 315..... 75 kg........ 150 kg....... A.

* * * * * * *
Batteries, dry, 8 UN3028.......... III.......... 8............... 237.......... None......... 213.......... None......... 25 kg gross.. 230 kg gross. A............ 52
containing
potassium
hydroxide solid,
electric,
storage.
Batteries, wet, 8 UN2794.......... III.......... 8............... ............. 159.......... 159.......... 159.......... 30 kg gross.. No limit..... A............ 146
filled with
acid, electric
storage.
Batteries, wet, 8 UN2795.......... III.......... 8............... ............. 159.......... 159.......... 159.......... 30 kg gross.. No limit..... A............ 52, 146
filled with
alkali, electric
storage.
Batteries, wet, 8 UN2800.......... III.......... 8............... ............. 159a......... 159.......... 159.......... No limit..... No limit.
non-spillable,
electric storage.

* * * * * * *
Boron trifluoride 2.3 UN1008.......... ............. 2.3, 8.......... 2, B9, B14... None......... 302.......... 314, 315..... Forbidden.... Forbidden.... D............ 40

* * * * * * *
Butyltrichlorosil 8 UN1747.......... II........... 8, 3............ A7, B2, B6, None......... 206.......... 243.......... Forbidden.... 30 L......... C............ 40
ane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
1,4-Butynediol... 6.1 UN2716.......... III.......... 6.1............. A1, IB8, IP3, None......... 213.......... 240.......... 100 kg....... 200 kg....... C............ 52, 53, 70
T1, TP33.

* * * * * * *
Calcium manganese 4.3 UN2844.......... III.......... 4.3............. A1, A19, IB8, 151.......... 213.......... 241.......... 25 kg........ 100 kg....... A............ 52, 85, 103
silicon. IP4, T1,
TP33.

* * * * * * *
Chlorine......... 2.3 UN1017.......... ............. 2.3, 5.1, 8..... 2, B9, B14, None......... 304.......... 314, 315..... Forbidden.... Forbidden.... D............ 40, 51, 55,
N86, T50, 62, 68, 89,
TP19. 90

* * * * * * *
Chloroacetic 6.1 UN1751.......... II........... 6.1, 8.......... A3, A7, IB8, 153.......... 212.......... 242.......... 15 kg........ 50 kg........ C............ 40
acid, solid. IP2, IP4,
N34, T3,
TP33.
Chlorophenyltrich 8 UN1753.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
loro- silane. N34, T10,
TP2, TP7.

* * * * * * *
Chlorosilanes, 8 UN2987.......... II........... 8............... B2, T14, TP2, None......... 206.......... 242.......... 1 L.......... 30 L......... C............ 40
corrosive, TP7, TP13,
n.o.s. TP27.

[[Page 44834]]

Chlorosilanes, 3 UN2985.......... II........... 3, 8............ T14, TP2, None......... 206.......... 243.......... 1 L.......... 5 L.......... B............ 40
flammable, TP7, TP13,
corrosive, n.o.s. TP27.

* * * * * * *
Chlorosilanes, 4.3 UN2988.......... I............ 4.3, 3, 8....... A2, T14, TP2, None......... 201.......... 244.......... Forbidden.... 1 L.......... D............ 21, 28, 40,
water- reactive, TP7, TP13. 49, 100
flammable,
corrosive, n.o.s.

* * * * * * *
Chromium 5.1 UN1463.......... II........... 5.1, 6.1, 8..... IB8, IP2, None......... 212.......... 242.......... 5 kg......... 25 kg........ A.
trioxide, IP4, T3,
anhydrous. TP33.

* * * * * * *
Cyclohexenyltrich 8 UN1762.......... II........... 8............... A7, B2, N34, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
loro- silane. T10, TP2,
TP7, TP13.

* * * * * * *
Cyclohexyltrichlo 8 UN1763.......... II........... 8............... A7, B2, N34, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
rosilane. T10, TP2,
TP7, TP13.

* * * * * * *
Dibenzyldichloros 8 UN2434.......... II........... 8............... B2, T10, TP2, 154.......... 206.......... 242.......... 1 L.......... 30 L......... C............ 40
ilane. TP7, TP13.

* * * * * * *
Dichloroisocyanur 5.1 UN2465.......... II........... 5.1............. 28, IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A............ 13
ic acid, dry or IP4, T3,
Dichloroisocyanu TP33.
ric acid salts.

* * * * * * *
Dichlorophenyltri 8 UN1766.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
chloro- silane. N34, T10,
TP2, TP7,
TP13.

[[Page 44835]]

* * * * * * *
Diethyldichlorosi 8 UN1767.......... II........... 8, 3............ A7, B6, N34, None......... 206.......... 243.......... Forbidden.... 30 L......... C............ 40
lane. T10, TP2,
TP7, TP13.

* * * * * * *
Dimethyldichloros 3 UN1162.......... II........... 3, 8............ B77, T10, None......... 206.......... 243.......... Forbidden.... Forbidden.... B............ 40
ilane. TP2, TP7,
TP13.

* * * * * * *
Diphenyldichloros 8 UN1769.......... II........... 8............... A7, B2, N34, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ilane. T10, TP2,
TP7, TP13.

* * * * * * *
Dodecyltrichloros 8 UN1771.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ilane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
G............................. Environmentally 9 UN3082.......... III.......... 9............... 8, 146, 335, 155.......... 203.......... 241.......... No limit..... No limit..... A.
hazardous IB3, T4,
substance, TP1, TP29.
liquid, n.o.s.
G............................. Environmentally 9 UN3077.......... III.......... 9............... 8, 146, 335, 155.......... 213.......... 240.......... No limit..... No limit..... A.
hazardous B54, IB8,
substance, IP3, N20,
solid, n.o.s. T1, TP33.

* * * * * * *
Ethyldichlorosila 4.3 UN1183.......... I............ 4.3, 8, 3....... A2, A3, A7, None......... 201.......... 244.......... Forbidden.... 1 L.......... D............ 21, 28, 40,
ne. N34, T14, 49, 100
TP2, TP7,
TP13.

* * * * * * *
Ethylphenyldichlo 8 UN2435.......... II........... 8............... A7, B2, N34, None......... 206.......... 242.......... Forbidden.... 30 L......... C.
rosilane. T10, TP2,
TP7, TP13.

* * * * * * *
Ethyltrichlorosil 3 UN1196.......... II........... 3, 8............ A7, N34, T10, None......... 206.......... 243.......... 1 L.......... 5 L.......... B............ 40
ane. TP2, TP7,
TP13.

[[Page 44836]]

* * * * * * *
D............................. Gasohol gasoline 3 NA1203.......... II........... 3............... 144, 177..... 150.......... 202.......... 242.......... 5 L.......... 60 L......... E.
mixed with ethyl
alcohol, with
not more than
10% alcohol.
Gasoline includes 3 UN1203.......... II........... 3............... 144, 177, B1, 150.......... 202.......... 242.......... 5 L.......... 60 L......... E.
gasoline mixed B33, T8.
with ethyl
alcohol, with
not more than
10% alcohol.

* * * * * * *
Helium, 2.2 UN1046.......... ............. 2.2............. ............. 306, 307..... 302.......... 302, 314..... 75 kg........ 150 kg....... A.
compressed.

* * * * * * *
Hexadecyltrichlor 8 UN1781.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
osilane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Hexyltrichlorosil 8 UN1784.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Hydrogen iodide, 2.3 UN2197.......... ............. 2.3, 8.......... 3, B14, N86, None......... 304.......... 314, 315..... Forbidden.... Forbidden.... D............ 40
anhydrous. N89.

* * * * * * *
Krypton, 2.2 UN1056.......... ............. 2.2............. ............. 306, 307..... 302.......... None......... 75 kg........ 150 kg....... A.
compressed.

* * * * * * *
Magnesium bromate 5.1 UN1473.......... II........... 5.1............. A1, IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A............ 56, 58
IP4, T3,
TP33.

* * * * * * *
Magnesium nitrate 5.1 UN1474.......... III.......... 5.1............. 332, A1, IB8, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... A.
IP3, T1,
TP33.

* * * * * * *
Medicine, liquid, 3 UN3248.......... II........... 3, 6.1.......... IB2.......... 150.......... 202.......... None......... 1 L.......... 5 L.......... B............ 40
flammable,
toxic, n.o.s.
III.......... 3, 6.1.......... IB3.......... 150.......... 203.......... None......... 5 L.......... 5 L.......... A.
Medicine, liquid, 6.1 UN1851.......... II........... 6.1............. ............. 153.......... 202.......... 243.......... 5 L.......... 5 L.......... C............ 40
toxic, n.o.s.
III.......... 6.1............. ............. 153.......... 203.......... 241.......... 5 L.......... 5 L.......... C............ 40
Medicine, solid, 6.1 UN3249.......... II........... 6.1............. T3, TP33..... 153.......... 212.......... None......... 5 kg......... 5 kg......... C............ 40
toxic, n.o.s.

[[Page 44837]]

III.......... 6.1............. T1, TP33..... 153.......... 213.......... None......... 5 kg......... 5 kg......... C............ 40

* * * * * * *
Methyl 6.1 UN1239.......... I............ 6.1, 3.......... 1, B9, B14, None......... 226.......... 244.......... Forbidden.... Forbidden.... D............ 40
Chloromethyl B30, B72,
Ether. T22, TP2,
TP13, TP38,
TP44.

* * * * * * *
Methyldichlorosil 4.3 UN1242.......... I............ 4.3, 8, 3....... A2, A3, A7, None......... 201.......... 243.......... Forbidden.... 1 L.......... D............ 21, 28, 40,
ane. B6, B77, 49, 100
N34, T14,
TP2, TP7,
TP13.

* * * * * * *
Methylphenyldichl 8 UN2437.......... II........... 8............... T10, TP2, None......... 206.......... 242.......... 1 L.......... 30 L......... C............ 40
oro- silane. TP7, TP13.

* * * * * * *
Methyltrichlorosi 3 UN1250.......... II........... 3, 8............ A7, B6, B77, None......... 206.......... 243.......... 1L........... 5 L.......... B............ 40
lane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Neon, compressed. 2.2 UN1065.......... ............. 2.2............. ............. 306, 307..... 302.......... None......... 75 kg........ 150 kg....... A.

* * * * * * *
Nitrites, 5.1 UN2627.......... II........... 5.1............. 33, IB8, IP2, 152.......... 212.......... None......... 5 kg......... 25 kg........ A............ 46, 56, 58,
inorganic, IP4, T3, 133
n.o.s.. TP33.

* * * * * * *
Nitrocellulose, 4.1 UN2557.......... II........... 4.1............. 44........... 151.......... 212.......... None......... 1 kg......... 15 kg........ D............ 28, 36
with not more
than 12.6
percent, by dry
mass mixture
with or without
plasticizer,
with or without
pigment.

* * * * * * *
Nitrocellulose, 3 UN2059.......... I............ 3............... 198, T11, None......... 201.......... 243.......... 1 L.......... 30 L......... E.
solution, TP1, TP8,
flammable with TP27.
not more than
12.6 percent
nitrogen, by
mass, and not
more than 55
percent
nitrocellulose.
II........... 3............... 198, IB2, T4, 150.......... 202.......... 242.......... 5 L.......... 60 L......... B.
TP1, TP8.
III.......... 3............... 198, B1, IB3, 150.......... 203.......... 242.......... 60 L......... 220 L........ A.
T2, TP1.

[[Page 44838]]

* * * * * * *
Nitrocellulose 4.1 UN2556.......... II........... 4.1............. ............. 151.......... 212.......... None......... 1 kg......... 15 kg........ D............ 28, 36
with alcohol
with not less
than 25 percent
alcohol by mass,
and with not
more than 12.6
percent
nitrogen, by dry
mass.
Nitrocellulose 4.1 UN2555.......... II........... 4.1............. ............. 151.......... 212.......... None......... 15 kg........ 50 kg........ E............ 28, 36
with water with
not less than 25
percent water by
mass.

* * * * * * *
Nitroguanidine, 4.1 UN1336.......... I............ 4.1............. 23, A8, A19, None......... 211.......... None......... 1 kg......... 15 kg........ E............ 28, 36
wetted or A20, N41.
Picrite, wetted
with not less
than 20 percent
water, by mass.

* * * * * * *
4- 4.1 UN3376.......... I............ 4.1............. 162, A8, A19, None......... 211.......... None......... Forbidden.... 15 kg........ E............ 28, 36
Nitrophenylhydra A20, N41.
zine, with not
less than 30
percent water,
by mass.

* * * * * * *
Nitrostarch, 4.1 UN1337.......... I............ 4.1............. 23, A8, A19, None......... 211.......... None......... 1 kg......... 15 kg........ E............ 28, 36
wetted with not A20, N41.
less than 20
percent water,
by mass.

* * * * * * *
Nonyltrichlorosil 8 UN1799.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Octadecyltrichlor 8 UN1800.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
osilane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Octyltrichlorosil 8 UN1801.......... II........... 8............... A7, B2, B6, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
ane. N34, T10,
TP2, TP7,
TP13.

[[Page 44839]]

* * * * * * *
G............................. Organometallic 4.3 UN3399.......... I............ 4.3, 3.......... T13, TP2, TP7 None......... 201.......... 244.......... Forbidden.... 1 L.......... D............ 40, 52
substance,
liquid, water-
reactive,
flammable.
II........... 4.3, 3.......... IB1, IP2, T7, None......... 202.......... 243.......... 1 L.......... 5 L.......... D............ 40, 52
TP2, TP7.
III.......... 4.3, 3.......... IB2, IP4, T7, None......... 203.......... 242.......... 5 L.......... 60 L......... E............ 40, 52
TP2, TP7.

* * * * * * *
G............................. Oxidizing liquid, 5.1 UN3098.......... I............ 5.1, 8.......... 62, A6....... None......... 201.......... 244.......... Forbidden.... 2.5 L........ D............ 13, 56, 58,
corrosive, n.o.s. 106, 138
II........... 5.1, 8.......... 62, IB1...... None......... 202.......... 243.......... 1 L.......... 5 L.......... B............ 34, 56, 58,
106, 138
III.......... 5.1, 8.......... 62, IB2...... 152.......... 203.......... 242.......... 2.5 L........ 30 L......... B............ 34, 56, 58,
106, 138
G............................. Oxidizing liquid, 5.1 UN3139.......... I............ 5.1............. 62, 127, A2, None......... 201.......... 243.......... Forbidden.... 2.5 L........ D............ 56, 58, 106,
n.o.s. A6. 138
II........... 5.1............. 62, 127, A2, 152.......... 202.......... 242.......... 1 L.......... 5 L.......... B............ 56, 58, 106,
IB2. 138
III.......... 5.1............. 62, 127, A2, 152.......... 203.......... 241.......... 2.5 L........ 30 L......... B............ 56, 58, 106,
IB2. 138
G............................. Oxidizing liquid, 5.1 UN3099.......... I............ 5.1, 6.1........ 62, A6....... None......... 201.......... 244.......... Forbidden.... 2.5 L........ D............ 56, 58, 106,
toxic, n.o.s. 138
II........... 5.1, 6.1........ 62, IB1...... 152.......... 202.......... 243.......... 1 L.......... 5 L.......... B............ 56, 58, 95,
106, 138
III.......... 5.1, 6.1........ 62, IB2...... 152.......... 203.......... 242.......... 2.5 L........ 30 L......... B............ 56, 58, 95,
106, 138
G............................. Oxidizing solid, 5.1 UN3085.......... I............ 5.1, 8.......... 62........... None......... 211.......... 242.......... 1 kg......... 15 kg........ D............ 13, 56, 58,
corrosive, n.o.s. 106, 138
II........... 5.1, 8.......... 62, IB6, IP2, None......... 212.......... 242.......... 5 kg......... 25 kg........ B............ 13, 34, 56,
T3, TP33. 58, 106, 138
III.......... 5.1, 8.......... 62, IB8, IP3, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... B............ 13, 34, 56,
T1, TP33. 58, 106, 138
G............................. Oxidizing solid, 5.1 UN3137.......... I............ 5.1, 4.1........ 62........... None......... 214.......... 214.......... Forbidden.... Forbidden.
flammable, n.o.s.
G............................. Oxidizing solid, 5.1 UN1479.......... I............ 5.1............. 62, IB5, IP1. None......... 211.......... 242.......... 1 kg......... 15 kg........ D............ 56, 58, 106,
n.o.s. 138
II........... 5.1............. 62, IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ B............ 56, 58, 106,
IP4, T3, 138
TP33.
III.......... 5.1............. 62, IB8, IP3, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... B............ 56, 58, 106,
T1, TP33. 138
G............................. Oxidizing solid, 5.1 UN3100.......... I............ 5.1, 4.2........ 62........... None......... 214.......... 214.......... Forbidden.... Forbidden.
self-heating,
n.o.s.
II........... 5.1, 4.2........ 62........... None......... 214.......... 214.......... Forbidden.... Forbidden.
G............................. Oxidizing solid, 5.1 UN3087.......... I............ 5.1, 6.1........ 62........... None......... 211.......... 242.......... 1 kg......... 15 kg........ D............ 56, 58, 106,
toxic, n.o.s. 138
II........... 5.1, 6.1........ 62, IB6, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ B............ 56, 58, 95,
T3, TP33. 106, 138
III.......... 5.1, 6.1........ 62, IB8, IP3, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... B............ 56, 58, 95,
T1, TP33. 106, 138
G............................. Oxidizing solid, 5.1 UN3121.......... ............. 5.1, 4.3........ 62........... None......... 214.......... 214.......... Forbidden.... Forbidden.
water-reactive,
n.o.s.

* * * * * * *
Paint or Paint 8 UN3066.......... II........... 8............... B2, IB2, T7, 154.......... 173.......... 242.......... 1 L.......... 30 L......... A............ 40
related material. TP2, TP28.

[[Page 44840]]

III.......... 8............... B52, IB3, T4, 154.......... 173.......... 241.......... 5 L.......... 60 L......... A............ 40
TP1, TP29.

* * * * * * *
Phenyltrichlorosi 8 UN1804.......... II........... 8............... A7, B6, N34, None......... 206.......... 242.......... Forbidden.... 30 L......... C............ 40
lane. T10, TP2,
TP7, TP13.

* * * * * * *
Polychlorinated 9 UN3432.......... II........... 9............... 9, 81,140, 155.......... 212.......... 240.......... 100 kg....... 200 kg....... A............ 95
biphenyls, solid. IB8, IP2,
IP4, T3,
TP33.

* * * * * * *
Potassium bromate 5.1 UN1484.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A............ 56, 58
IP4, T3,
TP33.

* * * * * * *
Potassium 5.1 UN1485.......... II........... 5.1............. A9, IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A............ 56, 58
chlorate. IP4, N34,
T3, TP33.

* * * * * * *
Potassium nitrate 5.1 UN1487.......... II........... 5.1............. B78, IB8, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A............ 56, 58
and sodium IP2, IP4,
nitrite mixtures. T3, TP33.
Potassium nitrite 5.1 UN1488.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A............ 56, 58
IP4, T3,
TP33.

* * * * * * *
Potassium 5.1 UN1490.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ D............ 56, 58, 138
permanganate. IP4, T3,
TP33.

* * * * * * *
Potassium 5.1 UN1492.......... III.......... 5.1............. A1, A29, IB8, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... A............ 58, 145
persulfate. IP3, T1,
TP33.

* * * * * * *
Propyltrichlorosi 8 UN1816.......... II........... 8, 3............ A7, B2, B6, None......... 206.......... 243.......... Forbidden.... 30 L......... C............ 40
lane. N34, T10,
TP2, TP7,
TP13.

[[Page 44841]]

* * * * * * *
Silicon 8 UN1818.......... II........... 8............... A3, A6, B2, None......... 202.......... 242.......... 1 L.......... 30 L......... C............ 40
tetrachloride. B6, T10,
TP2, TP7,
TP13.

* * * * * * *
Silver nitrate... 5.1 UN1493.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A.
IP4, T3,
TP33.

* * * * * * *
Sodium bromate... 5.1 UN1494.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 242.......... 5 kg......... 25 kg........ A............ 56, 58
IP4, T3,
TP33.

* * * * * * *
Sodium chlorate.. 5.1 UN1495.......... II........... 5.1............. A9, IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A............ 56, 58
IP4, N34,
T3, TP33.

* * * * * * *
Sodium 5.1 UN3247.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A............ 13, 25
peroxoborate, IP4, T3,
anhydrous. TP33.
Sodium persulfate 5.1 UN1505.......... III.......... 5.1............. A1, IB8, IP3, 152.......... 213.......... 240.......... 25 kg........ 100 kg....... A............ 58, 145
T1, TP33.

* * * * * * *
Trichloroisocyanu 5.1 UN2468.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A............ 13
ric acid, dry. IP4, T3,
TP33.

* * * * * * *
Trimethyltrichlor 3 UN1298.......... II........... 3, 8............ A3, A7, B77, None......... 206.......... 243.......... 1 L.......... 5 L.......... E............ 40
osilane. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
Vinyltrichlorosil 3 UN1305.......... II........... 3, 8............ A3, A7, B6, None......... 206.......... 243.......... 1 L.......... 5 L.......... B............ 40
ane, stabilized. N34, T10,
TP2, TP7,
TP13.

* * * * * * *
G............................. Water-reactive 4.3 UN3129.......... I............ 4.3, 8.......... T14, TP2, TP7 None......... 201.......... 243.......... Forbidden.... 1 L.......... D.
liquid,
corrosive, n.o.s.
II........... 4.3, 8.......... IB1, T11, TP2 None......... 202.......... 243.......... 1 L.......... 5 L.......... E............ 85
III.......... 4.3, 8.......... IB2, T7, TP1. None......... 203.......... 242.......... 5 L.......... 60 L......... E.
G............................. Water-reactive 4.3 UN3148.......... I............ 4.3............. T9, TP2, TP7. None......... 201.......... 244.......... Forbidden.... 1 L.......... E............ 40
liquid, n.o.s.
II........... 4.3............. IB1, T7, TP2. None......... 202.......... 243.......... 1 L.......... 5 L.......... E............ 40
III.......... 4.3............. IB2, T7, TP1. None......... 203.......... 242.......... 5 L.......... 60 L......... E............ 40

[[Page 44842]]

* * * * * * *
G............................. Water-reactive 4.3 UN3131.......... I............ 4.3, 8.......... IB4, IP1, None......... 211.......... 242.......... Forbidden.... 15 kg........ D.
solid, N40, T9,
corrosive, n.o.s. TP7, TP33.
II........... 4.3, 8.......... IB6, IP2, T3, 151.......... 212.......... 242.......... 15 kg........ 50 kg........ E............ 85
TP33.
III.......... 4.3, 8.......... IB8, IP4, T1, 151.......... 213.......... 241.......... 25 kg........ 100 kg....... E............ 85
TP33.

* * * * * * *
G............................. Water-reactive 4.3 UN2813.......... I............ 4.3............. IB4, N40, T9, None......... 211.......... 242.......... Forbidden.... 15 kg........ E............ 40
solid, n.o.s. TP7, TP33.
II........... 4.3............. IB7, IP2, T3, 151.......... 212.......... 242.......... 15 kg........ 50 kg........ E............ 40
TP33.
III.......... 4.3............. IB8, IP4, T1, 151.......... 213.......... 241.......... 25 kg........ 100 kg....... E............ 40
TP33.

* * * * * * *
Zinc ammonium 5.1 UN1512.......... II........... 5.1............. IB8, IP2, None......... 212.......... 242.......... 5 kg......... 25 kg........ E.
nitrite. IP4, T3,
TP33.

* * * * * * *
Zinc nitrate..... 5.1 UN1514.......... II........... 5.1............. IB8, IP2, 152.......... 212.......... 240.......... 5 kg......... 25 kg........ A.
IP4, T3,
TP33.

* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 44843]]

* * * * *
10. In Appendix B to Sec. 172.101, introductory paragraphs 4 and 5
are revised and four entries are removed to read as follows:

Appendix B to Sec. 172.101--List of Marine Pollutants

* * * * *
4. If a material is not listed in this appendix and meets the
criteria for a marine pollutant as provided in Chapter 2.9 of the
IMDG Code, (incorporated by reference; see Sec. 171.7 of this
subchapter), the material may be transported as a marine pollutant
in accordance with the applicable requirements of this subchapter.
5. If a material or a solution meeting the definition of a
marine pollutant in Sec. 171.8 of this subchapter does not meet the
criteria for a marine pollutant as provided in section 2.9.3.3 and
2.9.3.4 of the IMDG Code, (incorporated by reference; see Sec.
171.7 of this subchapter), it may be excepted from the requirements
of this subchapter as a marine pollutant if that exception is
approved by the Associate Administrator.

List of Marine Pollutants
------------------------------------------------------------------------
S.M.P. (1) Marine pollutant (2)
------------------------------------------------------------------------
[REMOVE]

* * * * * * *
5-Ethyl-2-picoline Ethyl propenoate,
inhibited.

* * * * * * *
Isopropenylbenzene.

* * * * * * *
2-Phenylpropene.

* * * * * * *
------------------------------------------------------------------------

11. In Sec. 172.102:
a. In paragraph (c)(1), Special provisions 130, 137, 138, 150, 177,
188 and 189 are revised; new Special provisions 62, 198, 237, 332, and
335 are added; and Special provisions 36 and 173 are removed.
b. In paragraph (c)(4), Table 2 IP Codes is revised.
c. In paragraph (c)(5), new Special provision N90 is added.
d. In paragraph (c)(8), Special provision TP12 is removed.
The revisions and additions read as follows:

Sec. 172.102 Special provisions.

* * * * *
(c) * * *
(1) * * *

Code/Special Provisions

* * * * *
62 Oxygen generators (see Sec. 171.8 of this subchapter) are not
authorized for transportation under this entry.
* * * * *
130 For other than a dry battery specifically covered by another
entry in the Sec. 172.101 Table, ``Batteries, dry, sealed, n.o.s.''
are not subject to any other requirements of this subchapter except for
the following:
(1) The incident reporting requirements in Sec. Sec. 171.15 and
171.16;
(2) Batteries and each battery-powered device or equipment
containing such batteries must be prepared and packaged for transport
so as to prevent:
(i) The potential of a dangerous evolution of heat;
(ii) Short circuits, including but is not limited to the following:
(a) Packaging each battery or each battery-powered device or
equipment when practicable in fully enclosed inner packagings made of
non-conductive material;
(b) Separating batteries and battery-powered devices in a manner to
prevent contact with other batteries, devices or conductive materials
(e.g., metal) in the packagings; or
(c) Ensuring exposed terminals or connectors are individually
protected with non-conductive caps, non-conductive tape, or by other
appropriate means; and
(iv) Damage to terminals. If not impact resistant, the outer
packaging should not be used as the sole means of protecting the
battery terminals from damage or short circuiting. Batteries must be
securely cushioned and packed to prevent any shifting which could
loosen terminal caps or reorient the terminals to produce short
circuits. Terminal protection methods include but are not limited to
the following:
(a) Securely attaching covers of sufficient strength to protect the
terminals;
(b) Packaging the battery in a rigid plastic packaging; or
(c) Constructing the battery with terminals that are recessed or
otherwise protected so that the terminals will not be subjected to
damage if the package is dropped; and
(3) When transported by aircraft,
(i) Packaged in a manner that prevents unintentional activation,
(e.g. adequate packaging, switch caps or locks, recessed switches,
trigger locks, temperature sensitive circuit breakers, etc.); and
(ii) The air waybill must contain the words, ``not restricted.''
* * * * *
137 Cotton, dry; flax, dry; sisal, dry; and tampico fiber, dry are
not subject to the requirements of this subchapter when they are baled
in accordance with ISO 8115, ``Cotton Bales--Dimensions and Density''
(IBR, see Sec. 171.7 of this subchapter) to a density of not less than
360 kg/m\3\ (22.1 lb/ft\3\) for cotton, 400 kg/m\3\ (24.97 lb/ft\3\)
for flax, 620 kg/m\3\ (38.71 lb/ft\3\) for sisal and 360 kg/m\3\ (22.1
lb/ft\3\) for tampico fiber and transported in a freight container or
closed transport vehicle.
138 Lead compounds which, when mixed in a ratio of 1:1000 with
0.07M (Molar concentration) hydrochloric acid and stirred for one hour
at a temperature of 23 [deg]C 2 [deg]C, exhibit a
solubility of 5% or less are considered insoluble and are not subject
to the requirements of this subchapter unless they meet criteria as
another hazard class or division.
* * * * *
150 This description may be used only for uniform mixtures of
fertilizers containing ammonium nitrate as the main ingredient within
the following composition limits:
a. Not less than 90% ammonium nitrate with not more than 0.2% total
combustible, organic material calculated as carbon, and with added
matter, if any, that is inorganic and inert when in contact with
ammonium nitrate; or

[[Page 44844]]

b. Less than 90% but more than 70% ammonium nitrate with other
inorganic materials, or more than 80% but less than 90% ammonium
nitrate mixed with calcium carbonate and/or dolomite and/or mineral
calcium sulphate, and not more than 0.4% total combustible, organic
material calculated as carbon; or
c. Ammonium nitrate-based fertilizers containing mixtures of
ammonium nitrate and ammonium sulphate with more than 45% but less than
70% ammonium nitrate, and not more than 0.4% total combustible, organic
material calculated as carbon such that the sum of the percentage of
compositions of ammonium nitrate and ammonium sulphate exceeds 70%.
* * * * *
177 Gasoline or ethanol and gasoline mixtures for use in internal
combustion engines (e.g., in automobiles, stationary engines and other
engines) must be assigned to this entry regardless of variations in
volatility.
* * * * *
188 Small lithium cells and batteries. Lithium cells or batteries,
including cells or batteries packed with or contained in equipment, are
not subject to any other requirements of this subchapter if they meet
all of the following:
a. Primary lithium batteries and cells.
(1) Primary lithium batteries and cells are forbidden for transport
aboard passenger-carrying aircraft. The outside of each package that
contains primary (nonrechargeable) lithium batteries or cells must be
marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR
TRANSPORT ABOARD PASSENGER AIRCRAFT'' on a background of contrasting
color. The letters in the marking must be:
(i) At least 12 mm (0.5 inch) in height on packages having a gross
weight of more than 30 kg (66 pounds); or
(ii) At least 6 mm (0.25 inch) on packages having a gross weight of
30 kg (66 pounds) or less, except that smaller font may be used as
necessary to fit package dimensions; and
(2) The provisions of paragraph (a)(1) do not apply to packages
that contain 5 kg (11 pounds) net weight or less of primary lithium
batteries or cells that are contained in or packed with equipment and
the package contains no more than the number of lithium batteries or
cells necessary to power the piece of equipment;
b. For a lithium metal or lithium alloy cell, the lithium content
is not more than 1.0 g. For a lithium-ion cell, the equivalent lithium
content is not more than 1.5 g;
c. For a lithium metal or lithium alloy battery, the aggregate
lithium content is not more than 2.0 g. For a lithium-ion battery, the
aggregate equivalent lithium content is not more than 8 g;
d. Effective October 1, 2009, the cell or battery must be of a type
proven to meet the requirements of each test in the UN Manual of Tests
and Criteria (IBR; see Sec. 171.7 of this subchapter);
e. Cells or batteries are separated so as to prevent short circuits
and are packed in a strong outer packaging or are contained in
equipment;
f. Effective October 1, 2008, except when contained in equipment,
each package containing more than 24 lithium cells or 12 lithium
batteries must be:
(1) Marked to indicate that it contains lithium batteries, and
special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains
lithium batteries and special procedures should be followed if the
package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds).
This requirement does not apply to lithium cells or batteries packed
with equipment;
g. Electrical devices must conform to Sec. 173.21 of this
subchapter;
h. Sections 171.15 and 171.16 of this subchapter for those
incidents resulting in the production of smoke, sparks, or dangerous
evolution of heat; and
i. Lithium batteries or cells are not authorized aboard an aircraft
in checked or carry-on luggage except as provided in Sec. 175.10.
* * * * *
189 Medium lithium cells and batteries. Effective October 1, 2008,
when transported by motor vehicle or rail car, lithium cells or
batteries, including cells or batteries packed with or contained in
equipment, are not subject to any other requirements of this subchapter
if they meet all of the following:
a. The lithium content anode of each cell, when fully charged, is
not more than 5 grams.
b. The aggregate lithium content of the anode of each battery, when
fully charged, is not more than 25 grams.
c. The cells or batteries are of a type proven to meet the
requirements of each test in the UN Manual of Tests and Criteria (IBR;
see Sec. 171.7 of this subchapter). A cell or battery and equipment
containing a cell or battery that was first transported prior to
January 1, 2006 and is of a type proven to meet the criteria of Class 9
by testing in accordance with the tests in the UN Manual of Tests and
Criteria, Third revised edition, 1999, need not be retested.
d. Cells or batteries are separated so as to prevent short circuits
and are packed in a strong outer packaging or are contained in
equipment.
e. The outside of each package must be marked ``LITHIUM BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL'' on a background of
contrasting color, in letters:
(1) At least 12 mm (0.5 inch) in height on packages having a gross
weight of more than 30 kg (66 pounds); or
(2) At least 6 mm (0.25 inch) on packages having a gross weight of
30 kg (66 pounds) or less, except that smaller font may be used as
necessary to fit package dimensions.
f. Except when contained in equipment, each package containing more
than 24 lithium cells or 12 lithium batteries must be:
(1) Marked to indicate that it contains lithium batteries, and
special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains
lithium batteries and special procedures should be followed if the
package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds).
This requirement does not apply to lithium cells or batteries packed
with equipment.
g. Electrical devices must conform to Sec. 173.21 of this
subchapter; and
h. Sections 171.15 and 171.16 of this subchapter for those
incidents resulting in the production of smoke, sparks, or dangerous
evolution of heat.
* * * * *
198 Nitrocellulose solutions containing not more than 20%
nitrocellulose may be transported as paint or printing ink, as
applicable. See UN1210, UN1263, UN3066, UN3469, and UN3470.

[[Page 44845]]

237 ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a), (b). For transportation by aircraft,
the provisions of Sec. 173.159(d)(2) are applicable.
332 Magnesium nitrate hexahydrate is not subject to the
requirements of this subchapter.
335 Mixtures of solids that are not subject to this subchapter and
environmentally hazardous liquids or solids may be classified as
``Environmentally hazardous substances, solid, n.o.s.,'' UN3077 and may
be transported under this entry, provided there is no free liquid
visible at the time the material is loaded or at the time the packaging
or transport unit is closed. Each transport unit must be leakproof when
used as bulk packaging.
* * * * *
(4) * * *

Table 2--IP Codes
------------------------------------------------------------------------
IBC code Authorized IBCs
------------------------------------------------------------------------
IP1............................... IBCs must be packed in closed
freight containers or a closed
transport vehicle.
IP2............................... When IBCs other than metal or rigid
plastic IBCs are used, they must be
offered for transportation in a
closed freight container or a
closed transport vehicle.
IP3............................... Flexible IBCs must be sift-proof and
water-resistant or must be fitted
with a sift-proof and water-
resistant liner.
IP4............................... Flexible, fiberboard or wooden IBCs
must be sift-proof and water-
resistant or be fitted with a sift-
proof and water-resistant liner.
IP5............................... IBCs must have a device to allow
venting. The inlet to the venting
device must be located in the vapor
space of the IBC under maximum
filling conditions.
IP6............................... Non-specification bulk bins are
authorized.
IP7............................... For UN identification numbers 1327,
1363, 1364, 1365, 1386, 1841, 2211,
2217, 2793 and 3314, IBCs are not
required to meet the IBC
performance tests specified in part
178, subpart N of this subchapter.
IP8............................... Ammonia solutions may be transported
in rigid or composite plastic IBCs
(31H1, 31H2 and 31HZ1) that have
successfully passed, without
leakage or permanent deformation,
the hydrostatic test specified in
Sec. 178.814 of this subchapter
at a test pressure that is not less
than 1.5 times the vapor pressure
of the contents at 55 [deg]C (131
[deg]F).
IP13.............................. Transportation by vessel in IBCs is
prohibited.
IP14.............................. Air must be eliminated from the
vapor space by nitrogen or other
means.
IP15.............................. For UN2031 with more than 55% nitric
acid, rigid plastic IBCs and
composite IBCs with a rigid plastic
inner receptacle are authorized for
two years from the date of IBC
manufacture.
IP20.............................. Dry sodium cyanide or potassium
cyanide is also permitted in sift-
proof, water-resistant, fiberboard
IBCs when transported in closed
freight containers or transport
vehicles.
------------------------------------------------------------------------

(5) * * *

Code/Special Provisions

* * * * *
N90 Metal packagings are not authorized.
* * * * *
12. In Sec. 172.202, paragraphs (a)(3) introductory text, (a)(4),
and (a)(6)(vi) are revised to read as follows:

Sec. 172.202 Description of hazardous material shipping papers.

(a) * * *
(3) The hazard class or division number prescribed for the
material, as shown in Column (3) of the Sec. 172.101 table. The
subsidiary hazard class or division number is not required to be
entered when a corresponding subsidiary hazard label is not required.
Except for combustible liquids, the subsidiary hazard class(es) or
subsidiary division number(s) must be entered in parentheses
immediately following the primary hazard class or division number. In
addition--
* * * * *
(4) The packing group in Roman numerals, as designated for the
hazardous material in Column (5) of the Sec. 172.101 table. Class 1
materials, self-reactive substances, batteries other than those
containing lithium, lithium ions, or sodium, and Division 5.2 materials
are excepted from this requirement. In addition, entries that are not
assigned a packing group (e.g., Class 7) are excepted from this
requirement. The packing group may be preceded by the letters ``PG''
for example ``PG II;'' and
* * * * *
(6) * * *
(vi) For items where ``No Limit'' is shown in Column (9A) or (9B)
of the Sec. 172.101 table, the quantity shown must be the net mass or
volume of the material. For articles (e.g., UN2800 and UN3166) the
quantity must be the gross mass, followed by the letter ``G''; and
* * * * *
13. In Sec. 172.322, paragraphs (d) introductory text, (d)(1), and
(e) are revised to read as follows:

Sec. 172.322 Marine pollutants.

* * * * *
(d) The MARINE POLLUTANT mark is not required--
(1) On a combination package containing a marine pollutant in inner
packagings each of which contains:
(i) 5 L (1.3 gallons) or less net capacity for liquids; or
(ii) 5 kg (11 pounds) or less net capacity for solids.
* * * * *
(e) MARINE POLLUTANT mark. The MARINE POLLUTANT mark must conform
to the following:
(1) Except for size, the MARINE POLLUTANT mark must appear as
follows:
[GRAPHIC] [TIFF OMITTED] TP31JY08.014

Symbol (fish and tree): Black on white or suitable contrasting
background.

(2) The symbol and border must be black and the background white,
or the symbol, border and background must be of contrasting color to
the surface to which the mark be affixed. Each side of the mark must
be--
(i) At least 100 mm (4 inches) for marks applied to:

[[Page 44846]]

(A) Non-bulk packages, except in the case of packages which,
because of their size, can only bear smaller marks;
(B) Bulk packages with a capacity of less than 3,785 L (1,000
gallons); or
(ii) At least 250 mm (10 inches) for marks applied to all other
bulk packages.
* * * * *
14. In Sec. 172.400a, paragraph (c) is revised to read as follows:

Sec. 172.400a Exceptions from labeling.

* * * * *
(c) Notwithstanding the provisions of Sec. 172.402(a), a Division
6.1 subsidiary hazard label is not required on a package containing a
Class 8 (corrosive) material which has a subsidiary hazard of Division
6.1 (poisonous) if the toxicity of the material is based solely on the
corrosive destruction of tissue rather than systemic poisoning. In
addition, a Division 4.1 subsidiary hazard label is not required on a
package bearing a Division 4.2 label.
* * * * *
15. In Sec. 172.401, a new paragraph (c)(5) is added to read as
follows:

Sec. 172.401 Prohibited labeling.

* * * * *
(c) * * *
(5) The Globally Harmonized System of Classification and Labelling
of Chemicals (GHS) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
16. In Sec. 172.446, paragraph (b) is revised to read as follows:

Sec. 172.446 CLASS 9 Label.

* * * * *
(b) In addition to complying with Sec. 172.407, the background on
the CLASS 9 label must be white with seven black vertical stripes on
the top half. The black vertical stripes must be spaced, so that,
visually, they appear equal in width to the six white spaces between
them. The lower half of the label must be white with the class number
``9'' underlined and centered at the bottom. The solid horizontal line
dividing the lower and upper half of the label is optional.
17. Section 172.448 is revised to read as follows:

Sec. 172.448 CARGO AIRCRAFT ONLY label.

(a) Except for size and color, the CARGO AIRCRAFT ONLY label must
be as follows:
[GRAPHIC] [TIFF OMITTED] TP31JY08.015

(b) The CARGO AIRCRAFT ONLY label must be black on an orange
background.
(c) A CARGO AIRCRAFT ONLY label conforming to the specifications in
Sec. 172.448 on December 31, 2008, may be used until January 1, 2013.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

18. The authority citation for part 173 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

19. Section 173.4 is revised to read as follows:

Sec. 173.4 Small quantities for highway and rail.

(a) When transported domestically by highway or rail in conformance
with this section, small quantities of Class 3, Division 4.1, Division
4.2 (PG II and III), Division 4.3 (PG II and III), Division 5.1,
Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials
that also meet the definition of one or more of these hazard classes,
are not subject to any other requirements of this subchapter when--
(1) The maximum quantity of material per inner receptacle or
article is limited to--
(i) Thirty (30) mL (1 ounce) for authorized liquids, other than
Division 6.1, Packing Group I, Hazard Zone A or B materials;
(ii) Thirty (30) g (1 ounce) for authorized solid materials;
(iii) One (1) g (0.04 ounce) for authorized materials meeting the
definition of a Division 6.1, Packing Group I, Hazard Zone A or B
material; and
(iv) An activity level not exceeding that specified in Sec. Sec.
173.421, 173.424, 173.425 or 173.426, as appropriate, for a package
containing a Class 7 (radioactive) material.
(2) With the exception of temperature sensing devices, each inner
receptacle:
(i) Is not liquid-full at 55 [deg]C (131 [deg]F), and
(ii) Is constructed of plastic having a minimum thickness of no
less than 0.2 mm (0.008 inch), or earthenware, glass, or metal;
(3) Each inner receptacle with a removable closure has its closure
held securely in place with wire, tape, or other positive means;
(4) Unless equivalent cushioning and absorbent material surrounds
the inside packaging, each inner receptacle is securely packed in an
inside packaging with cushioning and absorbent material that:
(i) Will not react chemically with the material, and
(ii) Is capable of absorbing the entire contents (if a liquid) of
the receptacle;

[[Page 44847]]

(5) The inside packaging is securely packed in a strong outside
packaging;
(6) The completed package, as demonstrated by prototype testing, is
capable of sustaining--
(i) Each of the following free drops made from a height of 1.8 m
(5.9 feet) directly onto a solid unyielding surface without breakage or
leakage from any inner receptacle and without a substantial reduction
in the effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side; and
(E) One drop on a corner at the junction of three intersecting
edges; and
(ii) A compressive load as specified in Sec. 178.606(c) of this
subchapter.

Note to paragraph (a)(6): Each of the tests in paragraph (a)(6)
of this section may be performed on a different but identical
package; i.e., all tests need not be performed on the same package.

(7) Placement of the material in the package or packing different
materials in the package does not result in a violation of Sec.
173.21;
(8) The gross mass of the completed package does not exceed 29 kg
(64 pounds);
(9) The package is not opened or otherwise altered until it is no
longer in commerce; and
(10) The shipper certifies conformance with this section by marking
the outside of the package with the statement ``This package conforms
to 49 CFR 173.4.''
(b) A package containing a Class 7 (radioactive) material also must
conform to the requirements of Sec. 173.421(a)(1) through (a)(5) or
Sec. 173.424(a) through (g), as appropriate.
(c) Packages which contain a Class 2, Division 4.2 (PG I), or
Division 4.3 (PG I) material conforming to paragraphs (a)(1) through
(a)(10) of this section may be offered for transportation or
transported if specifically approved by the Associate Administrator.
(d) Fuel cell cartridges and lithium batteries and cells are not
eligible for the exceptions provided in this section.
20. Section 173.4a is added to read as follows:

Sec. 173.4a Excepted quantities.

(a) Excepted quantities of materials other than articles
transported in accordance with this section are not subject to any
additional requirements of this subchapter except for:
(1) The training requirements of subpart H of part 172 of this
subchapter;
(2) The shipper's responsibilities to properly class their material
in accordance with Sec. 173.22 of this subchapter;
(3) Sections 171.15 and 171.16 of this subchapter pertaining to the
reporting of incidents;
(4) For a Class 7 (Radioactive) material the requirements for an
excepted package; and
(5) For transportation by vessel, the shipping paper requirements
of subpart C of part 172 of this subchapter.
(b) Authorized materials. Only materials authorized for transport
aboard passenger aircraft and appropriately classed within one of the
following hazard classes or divisions may be transported in accordance
with this section:
(1) Division 2.2 materials with no subsidiary hazard;
(2) Class 3 materials;
(3) Class 4 (PG II and III) materials except for self-reactive
materials;
(4) Division 5.1 (PG II and III);
(5) Division 5.2 materials only when contained in a chemical kit or
a first aid kit;
(6) Division 6.1, other than PG I, Hazard Zone A or B material;
(7) Class 7, Radioactive material in excepted packages;
(8) Class 8 (PG II and III), except for UN2803 (Gallium) and UN2809
(Mercury); and
(9) Class 9, except for UN1845 (Carbon dioxide, solid or Dry ice),
and lithium batteries and cells.
(c) Inner packaging limits. The maximum quantity of hazardous
materials in each inner packaging is limited to:
(1) 1 g (0.04 ounce) or 1 mL (0.03 ounce) for solids or liquids of
Division 6.1, Packing Group I or II or other materials that also meet
the definition of a toxic material;
(2) 30 g (1 ounce) or 30 mL (1 ounce) for solids or liquids other
than those covered in paragraph (c)(1) of this section; and
(3) For gases a water capacity of 30 mL (1.8 cubic inches) or less.
(d) Outer packaging aggregate quantity limits. The maximum
aggregate quantity of hazardous material contained in each outer
packaging must not exceed the limits provided in the following
paragraphs. For outer packagings containing more than one hazardous
material, the aggregate quantity of hazardous material must not exceed
the lowest permitted maximum aggregate quantity. The limits are as
follows:
(1) For other than a Division 2.2 or Division 5.2 material:
(i) Packing Group I--300 g (0.66 pounds) for solids or 300 mL (0.08
gallons) for liquids;
(ii) Packing Group II--500 g (1.1 pounds) for solids or 500 mL (0.1
gallons) for liquids;
(iii) Packing Group III--1 kg (2.2 pounds) for solids or 1 L (0.2
gallons) for liquids;
(2) For Division 2.2 material, 1 L (61 cubic inches); or
(3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 250
mL (0.05 gallons) for liquids.
(e) Packaging materials. Packagings used for the transport of
excepted quantities must meet the following:
(1) Each inner receptacle must be constructed of plastic, or of
glass, porcelain, stoneware, earthenware or metal. When used for liquid
hazardous materials, plastic inner packagings must have a thickness of
not less than 0.2 mm (0.008 inch).
(2) Each inner packaging with a removable closure must have its
closure held securely in place with wire, tape or other positive means.
Each inner receptacle having a neck with molded screw threads must have
a leak proof, threaded type cap. The closure must not react chemically
with the material.
(3) Each inner packaging must be securely packed in an intermediate
packaging with cushioning material in such a way that, under normal
conditions of transport, it cannot break, be punctured or leak its
contents. The intermediate packaging must completely contain the
contents in case of breakage or leakage, regardless of package
orientation. For liquid hazardous materials, the intermediate packaging
must contain sufficient absorbent material that:
(i) Will absorb the entire contents of the inner packaging. In such
cases, and
(ii) Will not react dangerously with the material or reduce the
integrity or function of the packaging materials.
(iii) The absorbent material may be the cushioning material.
(4) The intermediate packaging must be securely packed in a strong,
rigid outer packaging.
(5) Placement of the material in the package or packing different
materials in the package must not result in a violation of Sec.
173.21.
(6) Each package must be of such a size that there is adequate
space to apply all necessary markings.
(7) The package is not opened or otherwise altered until it is no
longer in commerce.
(8) Overpacks may be used and may also contain packages of
hazardous material or other materials not subject to the HMR subject to
the requirements of Sec. 173.25.
(f) Package tests. The completed package as prepared for transport,
with

[[Page 44848]]

inner packagings filled to not less than 95% of their capacity for
solids or 98% for liquids, must be capable of withstanding, as
demonstrated by testing which is appropriately documented, without
breakage or leakage of any inner packaging and without significant
reduction in effectiveness:
(1) Drops onto a solid unyielding surface from a height of 1.8 m
(5.9 feet):
(i) Where the sample is in the shape of a box, it must be dropped
in each of the following orientations:
(A) One drop flat on the bottom;
(B) One drop flat on the top;
(C) One drop flat on the longest side;
(D) One drop flat on the shortest side; and
(E) One drop on a corner at the junction of three intersecting
edges.
(ii) Where the sample is in the shape of a drum, it must be dropped
in each of the following orientations:
(A) One drop diagonally on the top chime, with the center of
gravity directly above the point of impact;
(B) One drop diagonally on the base chime; and
(C) One drop flat on the side.
(2) A compressive load as specified in Sec. 178.606(c) of this
subchapter. Each of the tests in this paragraph (f) may be performed on
a different but identical package; that is, all tests need not be
performed on the same package.
(g) Marking. Excepted quantities of hazardous materials packaged,
marked, and otherwise offered and transported in accordance with this
section must be durably and legibly marked with the following marking:
[GRAPHIC] [TIFF OMITTED] TP31JY08.016

(1) The ``*'' must be replaced by the primary hazard class, or when
assigned, the division of each of the hazardous materials contained in
the package. The ``**'' must be replaced by the name of the shipper or
consignee if not shown elsewhere on the package.
(2) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm
(3.9 inches), and must be durable and clearly visible.
(h) Documentation.
(1) For transport by air, a shipping paper is not required, except
that, if a document such as an air waybill accompanies a shipment, the
document must include the statement ``Dangerous Goods in Excepted
Quantities'' and indicate the number of packages.
(2) For transport by vessel, a shipping paper is required and must
include the statement ``Dangerous Goods in Excepted Quantities'' and
indicate the number of packages.
(i) Restrictions. Hazardous material packaged in accordance with
this section may not be carried in checked or carry-on baggage.
21. Section 173.4b is added to read as follows:

Sec. 173.4b De minimis exceptions.

(a) Packing Group II and III materials in Class 3, Division 4.1,
Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and
Class 9 do not meet the definition of a hazardous material in Sec.
171.8 of this subchapter when packaged in accordance with this section
and, therefore, are not subject to the requirements of this subchapter.
(1) The maximum quantity of material per inner receptacle or
article is limited to--
(i) One (1) mL (0.03 ounce) for authorized liquids; and
(ii) One (1) g (0.04 ounce) for authorized solid materials;
(2) Each inner receptacle with a removable closure has its closure
held securely in place with wire, tape, or other positive means;
(3) Unless equivalent cushioning and absorbent material surrounds
the inside packaging, each inner receptacle is securely packed in an
inside packaging with cushioning and absorbent material that:
(i) Will not react chemically with the material, and
(ii) Is capable of absorbing the entire contents (if a liquid) of
the receptacle;
(4) The inside packaging is securely packed in a strong outside
packaging;
(5) The completed package is capable of sustaining--
(i) Each of the following free drops made from a height of 1.8 m
(5.9 feet) directly onto a solid unyielding surface without breakage or
leakage from any inner receptacle and without a substantial reduction
in the effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side; and
(E) One drop on a corner at the junction of three intersecting
edges; and
(ii) A compressive load as specified in Sec. 178.606(c) of this
subchapter. Each of the tests in this paragraph (a)(5) may be performed
on a different but identical package; that is, all tests need not be
performed on the same package.
(6) Placement of the material in the package or packing different
materials in the package does not result in a violation of Sec.
173.21;
(7) The aggregate quantity of hazardous material per package does
not exceed 100 g (0.22 pounds) for solids or 100 mL (3.38 ounces) for
liquids;
(8) The gross mass of the completed package does not exceed 29 kg
(64 pounds);
(9) The package is not opened or otherwise altered until it is no
longer in commerce; and
(10) For transportation by aircraft:
(i) The hazardous material is authorized to be carried aboard
passenger-carrying aircraft in Column 9A of the Sec. 172.101 Hazardous
Materials Table; and
(ii) Material packed in accordance with this section may not be
carried in checked or carry-on baggage.
(b) [Reserved]
22. In Sec. 173.12, as amended on January 28, 2008, paragraph (f)
is revised to read as follows:

Sec. 173.12 Exceptions for shipment of waste materials.

* * * * *
(f) Household waste. Household waste, as defined in Sec. 171.8 of
this subchapter, is not subject to the requirements of this subchapter
when transported in accordance with applicable state, local, or tribal
requirements.
23. In Sec. 173.21, paragraph (c) is revised to read a follows:

Sec. 173.21 Forbidden materials and packages.

* * * * *
(c) Electrical devices, such as batteries and battery-powered
devices, which are likely to create sparks or generate a dangerous
evolution of heat, unless packaged in a manner which precludes such an
occurrence.
* * * * *
24. In Sec. 173.24b, paragraph (e) is redesignated as paragraph
(f) and revised, and a new paragraph (e) is added to read as follows:

Sec. 173.24b Additional general requirements for bulk packagings.

* * * * *
(e) Stacking of IBCs and Large Packagings:

[[Page 44849]]

(1) IBCs and Large Packagings not designed and tested to be
stacked. No packages or freight (hazardous or otherwise) may be stacked
upon an IBC or a Large Packaging that was not designed and tested to be
stacked upon.
(2) IBCs and Large Packagings designed and tested to be stacked.
The superimposed weight placed upon an IBC or a Large Packaging
designed to be stacked may not exceed the maximum permissible stacking
test mass marked on the packaging.
(f) UN portable tanks. (1) A UN portable tank manufactured in the
United States must conform in all details to the applicable
requirements in parts 172, 173, 178 and 180 of this subchapter.
(2) UN portable tanks manufactured outside the United States. A UN
portable tank manufactured outside the United States, in accordance
with national or international regulations based on the UN
Recommendations (IBR, see Sec. 171.7 of this subchapter), which is an
authorized packaging under Sec. 173.24 of this subchapter, may be
filled, offered and transported in the United States, if the Sec.
172.101 Table of this subchapter authorizes the hazardous material for
transportation in the UN portable tank and it conforms to the
applicable T codes, and tank provision codes, or other special
provisions assigned to the hazardous material in Column (7) of the
Table. In addition, the portable tank must--
(i) Conform to applicable provisions in the UN Recommendations
(IBR, see Sec. 171.7 of this subchapter) and the requirements of this
subpart;
(ii) Be capable of passing the prescribed tests and inspections in
part 180 of this subchapter applicable to the UN portable tank
specification;
(iii) Be designed and manufactured according to the ASME Code (IBR,
see Sec. 171.7 of this subchapter) or a pressure vessel design code
approved by the Associate Administrator;
(iv) Be approved by the Associate Administrator when the portable
tank is designed and constructed under the provisions of an alternative
arrangement (see Sec. 178.274(a)(2) of this subchapter); and
(v) The competent authority of the country of manufacture must
provide reciprocal treatment for UN portable tanks manufactured in the
United States.
25. In Sec. 173.62, in paragraph (b), the Explosives Table is
amended by adding entries in the appropriate numerical order, and in
paragraph (c), in the Table of Packing Methods, packing instruction
entry 114(b) is revised to read as follows:

Sec. 173.62 Specific packaging requirements for explosives.

* * * * *
(b) * * *

Explosives Table
------------------------------------------------------------------------
ID PI
------------------------------------------------------------------------

* * * * *
UN0505.................................... 135
UN0506.................................... 135
UN0507.................................... 135
UN0508.................................... 114(b)
UN0509.................................... 114(b)

* * * * *
------------------------------------------------------------------------

Table of Packing Methods--Continued
----------------------------------------------------------------------------------------------------------------
Packing instruction Inner packagings Intermediate packagings Outer packagings
----------------------------------------------------------------------------------------------------------------

* * * * * * *
114(b) This packing instruction Bags paper, kraft Not necessary.......... Boxes. natural wood,
applies to dry solids. plastics textile, sift- ordinary (4C1).
proof woven plastics, natural wood, sift-
sift-proof. proof walls (4C2)
plywood (4D).
PARTICULAR PACKING REQUIREMENTS OR
EXCEPTIONS:
1. For UN 0077, 0132, 0234, 0235 Receptacles, ....................... reconstituted wood
and 0236, packagings must be fibreboard, metal, (4F). fibreboard (4G).
lead free. paper, plastics, woven Drums. steel,
2. For UN 0160 and UN 0161, when plastics, sift-proof. removable head (1A2).
metal drums (1A2 or 1B2) are aluminum, removable
used as the outer packaging, head (1B2) plywood
metal packagings must be so (1D). fibre (1G).
constructed that the risk of plastics, removable
explosion, by reason of head (1H2).
increased internal pressure from
internal or external causes is
prevented.
3. For UN 0160, UN 0161, and
UN0508, inner packagings are not
necessary if drums are used as
the outer packaging.
4. For UN 0508 and UN0509, metal
packagings shall not be used.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

26. In Sec. 173.115, paragraph (b) is revised, (k) is redesignated
as new paragraph (l), and new paragraph (k) is added to read as
follows:

Sec. 173.115 Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
(b) Division 2.2 (non-flammable, nonpoisonous compressed gas--
including compressed gas, liquefied gas, pressurized cryogenic gas,
compressed gas in solution, asphyxiant gas and oxidizing gas). For the
purpose of this subchapter, a non-flammable, nonpoisonous compressed
gas (Division 2.2) means any material (or mixture) which--
(1) Exerts in the packaging an absolute pressure of 302 kPa (43.8
psia) or greater at 20 [deg]C (68 [deg]F ), is a liquefied gas or is a
cryogenic liquid, and
(2) Does not meet the definition of Division 2.1 or 2.3.
* * * * *
(k) For Division 2.2 gases, the oxidizing ability shall be
determined by tests or by calculation in accordance with ISO 10156:1996
and ISO 10156-2:2005 (IBR, see Sec. 171.7 of this subchapter).
(l) The following applies to aerosols (see Sec. 171.8 of this
subchapter):

[[Page 44850]]

(1) An aerosol must be assigned to Division 2.1 if the contents
include 85% by mass or more flammable components and the chemical heat
of combustion is 30 kJ/g or more;
(2) An aerosol must be assigned to Division 2.2 if the contents
contain 1% by mass or less flammable components and the heat of
combustion is less than 20 kJ/g.
(3) Aerosols not meeting the provisions of paragraphs (a) or (b) of
this section must be classed in accordance with the appropriate tests
of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter). An aerosol which was tested in accordance with the
requirements of this subchapter in effect on December 31, 2005, is not
required to be retested.
(4) Division 2.3 gases may not be transported in an aerosol
container.
(5) When the contents are classified as Division 6.1, PG III or
Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard
of Division 6.1 or Class 8, as appropriate.
(6) Substances of Division 6.1, PG I or II, and substances of Class
8, PG I are forbidden from transportation in an aerosol container.
(7) Flammable components are Class 3 flammable liquids, Division
4.1 flammable solids, or Division 2.1 flammable gases. The chemical
heat of combustion must be determined in accordance with the UN Manual
of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter).
* * * * *
27. In Sec. 173.134, as amended on January 28, 2008, paragraph
(b)(13)(i) is revised to read as follows:

Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.

* * * * *
(b) * * *
(13) * * *
(i) Household waste as defined in Sec. 171.8, when transported in
accordance with applicable state, local, or tribal requirements.
* * * * *
28. In Sec. 173.137, paragraph (c)(2) is revised and a note to the
section is added to read as follows:

Sec. 173.137 Class 8--Assignment of packing group.

* * * * *
(c) * * *
(2) That do not cause full thickness destruction of intact skin
tissue but exhibit a corrosion on either steel or aluminum surfaces
exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 [deg]C
(130 [deg]F) when tested on both materials. The corrosion may be
determined in accordance with the UN Manual of Tests and Criteria (IBR,
see Sec. 171.7 of this subchapter) or other equivalent test methods.

Note to Sec. 173.137: When an initial test on either a steel or
aluminum surface indicates the material being tested is corrosive,
the follow up test on the other surface is not required.

29. Section 173.159 is revised to read as follows:

Sec. 173.159 Batteries, wet.

(a) Electric storage batteries, containing electrolyte acid or
alkaline corrosive battery fluid (wet batteries), may not be packed
with other materials except as provided in paragraphs (g) and (h) of
this section and in Sec. Sec. 173.220 and 173.222; and any battery or
battery-powered device, equipment or vehicle must be prepared and
packaged for transport so as to prevent:
(1) The potential of a dangerous evolution of heat;
(2) Short circuits, including, but not limited to:
(i) Packaging each battery or each battery-powered device or
equipment when practicable in fully enclosed inner packagings made of
non-conductive material;
(ii) Separating batteries and battery-powered devices in a manner
to prevent contact with other batteries, devices or conductive
materials (e.g., metal) in the packagings; or
(iii) Ensuring exposed terminals are protected with non-conductive
caps, non-conductive tape, or by other appropriate means; and
(3) Damage to terminals. If not impact resistant, the outer
packaging should not be used as the sole means of protecting the
battery terminals from damage or short circuiting. Batteries must be
securely cushioned and packed to prevent any shifting which could
loosen terminal caps or reorient the terminals. Terminal protection
methods include but are not limited to:
(i) Securely attaching covers of sufficient strength to protect the
terminals;
(ii) Packaging the battery in a rigid plastic packaging; or
(iii) Constructing the battery with terminals that are recessed or
otherwise protected so that the terminals will not be subjected to
damage if the package is dropped.
(b) For transportation by aircraft:
(1) The packaging for wet batteries must incorporate an acid-or
alkali-proof liner, or include a supplementary packaging with
sufficient strength and adequately sealed to prevent leakage of
electrolyte fluid in the event of spillage; and
(2) Any battery-powered device, equipment or vehicle must be
prepared and packaged for transport so as to prevent unintentional
activation (e.g., adequate packaging, switch caps or locks, recessed
switches, trigger locks, temperature sensitive circuit breakers, etc.).
(c) The following specification packagings are authorized for
batteries packed without other materials provided all requirements of
paragraph (a) of this section, and for transportation by aircraft,
paragraph (b) of this section, are met:
(1) Wooden box: 4C1, 4C2, 4D, or 4F
(2) Fiberboard box: 4G
(3) Plywood drum: 1D
(4) Fiber drum: 1G
(5) Plastic drum: 1H2
(6) Plastic jerrican: 3H2
(7) Plastic box: 4H2
(d) The following non-specification packagings are authorized for
batteries packed without other materials provided all requirements of
paragraph (a) of this section, and for transportation by aircraft,
paragraph (b) of this section, are met:
(1) Electric storage batteries are firmly secured to skids or
pallets capable of withstanding the shocks normally incident to
transportation are authorized for transportation by rail, highway, or
vessel. The height of the completed unit must not exceed 1\1/2\ times
the width of the skid or pallet. The unit must be capable of
withstanding, without damage, a superimposed weight equal to two times
the weight of the unit or, if the weight of the unit exceeds 907 kg
(2000 pounds), a superimposed weight of 1814 kg (4000 pounds). Battery
terminals must not be relied upon to support any part of the
superimposed weight and must not short out if a conductive material is
placed in direct contact with them.
(2) Electric storage batteries weighing 225 kg (500 pounds) or
more, consisting of carriers' equipment, may be shipped by rail when
mounted on suitable skids. Such shipments may not be offered in
interchange service.
(3) One to three batteries not over 11.3 kg (25 pounds) each,
packed in strong outer boxes. The maximum authorized gross weight is 34
kg (75 pounds).
(4) Not more than four batteries not over 7 kg (15 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).
(5) Not more than five batteries not over 4.5 kg (10 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).

[[Page 44851]]

(6) Single batteries not exceeding 34 kg (75 pounds) each, packed
in 5-sided slip covers or in completely closed fiberboard boxes. Slip
covers and boxes must be of solid or double-faced corrugated fiberboard
of a least 91 kg (200 pounds) Mullen test strength. The slip cover or
fiberboard box must fit snugly and provide inside top clearance of at
least 1.3 cm (0.5 inch) above battery terminals and filler caps with
reinforcement in place. Assembled for shipment, the bottom edges of the
slipcover must come to within 2.5 cm (1 inch) of the bottom of the
battery. The completed package (battery and box or slip cover) must be
capable of withstanding a top-to-bottom compression test of at least
225 kg (500 pounds) without damage to battery terminal caps, cell
covers or filler caps.
(7) Single batteries exceeding 34 kg (75 pounds) each may be packed
in completely closed fiberboard boxes. Boxes must be of double-wall
corrugated fiberboard of at least 181 kg (400 pounds) test, or solid
fiberboard testing at least 181 kg (400 pounds); a box may have hand
holes in its ends provided that the hand holes will not materially
weaken the box. Sides and ends of the box must have cushioning between
the battery and walls of the box; combined thickness of cushioning
material and walls of the box must not be less than 1.3 cm (0.5 inch);
and cushioning must be excelsior pads, corrugated fiberboard, or other
suitable cushioning material. The bottom of the battery must be
protected by a minimum of one excelsior pad or by a double-wall
corrugated fiberboard pad. The top of the battery must be protected by
a wood frame, corrugated trays or scored sheets of corrugated
fiberboard having minimum test of 91 kg (200 pounds), or other equally
effective cushioning material. Top protection must bear evenly on
connectors and/or edges of the battery cover to facilitate stacking of
batteries. No more than one battery may be placed in one box. The
maximum authorized gross weight is 91 kg (200 pounds).
(e) When transported by highway or rail, electric storage batteries
containing electrolyte or corrosive battery fluid are not subject to
any other requirements of this subchapter, if all of the following are
met:
(1) No other hazardous materials may be transported in the same
vehicle;
(2) The batteries must be loaded or braced so as to prevent damage
and short circuits in transit;
(3) Any other material loaded in the same vehicle must be blocked,
braced, or otherwise secured to prevent contact with or damage to the
batteries; and
(4) The transport vehicle may not carry material shipped by any
person other than the shipper of the batteries.
(f) Batteries can be considered as non-spillable provided they are
capable of withstanding the following two tests, without leakage of
battery fluid from the battery:
(1) Vibration test. The battery must be rigidly clamped to the
platform of a vibration machine, and a simple harmonic motion having an
amplitude of 0.8 mm (0.03 inches) with a 1.6 mm (0.063 inches) maximum
total excursion must be applied. The frequency must be varied at the
rate of 1 Hz/min between the limits of 10 Hz to 55 Hz. The entire range
of frequencies and return must be traversed in 955 minutes
for each mounting position (direction of vibrator) of the battery. The
battery must be tested in three mutually perpendicular positions (to
include testing with fill openings and vents, if any, in an inverted
position) for equal time periods.
(2) Pressure differential test. Following the vibration test, the
battery must be stored for six hours at 24 [deg]C4 [deg]C
(75 [deg]F7 [deg]F) while subjected to a pressure
differential of at least 88 kPa (13 psig). The battery must be tested
in three mutually perpendicular positions (to include testing with fill
openings and vents, if any, in an inverted position) for at least six
hours in each position.
(g) Electrolyte, acid or alkaline corrosive battery fluid, packed
with batteries wet or dry, must be packed in one of the following
specification packagings:
(1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles of
glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons)
total in each outside container. Inside containers must be well-
cushioned and separated from batteries by a strong solid wooden
partition. The completed package must conform to Packing Group III
requirements.
(2) Electrolyte, acid, or alkaline corrosive battery fluid included
with electric storage batteries and filling kits may be packed in
strong rigid outer packagings when shipments are made by, for, or to
the Departments of the Army, Navy, or Air Force of the United States.
Packagings must conform to military specifications. The electrolyte,
acid, or alkaline corrosive battery fluid must be packed in
polyethylene bottles of not over 1.0 L (0.3 gallon) capacity each. Not
more than 24 bottles, securely separated from electric storage
batteries and kits, may be offered for transportation or transported in
each package.
(3) In 4G fiberboard boxes with not more than 12 inside packagings
of polyethylene or other material resistant to the lading, each not
over 2.0 L (0.5 gallon) capacity each. Completed packages must conform
to Packing Group III requirements. Inner packagings must be adequately
separated from the storage battery. The maximum authorized gross weight
is 29 kg (64 pounds). These packages are not authorized for
transportation by aircraft.
(h) Dry batteries or battery charger devices may be packaged in 4G
fiberboard boxes with inner receptacles containing battery fluid.
Completed packagings must conform to Packing Group III requirements.
Not more than 12 inner receptacles may be packed in one outer box. The
maximum authorized gross weight is 34 kg (75 pounds).
(i) When approved by the Associate Administrator, electric storage
batteries, containing electrolyte or corrosive battery fluid in a
separate reservoir from which fluid is injected into the battery cells
by a power device cartridge assembled with the battery, and which meet
the criteria of paragraph (f) are not subject to any other requirements
of this subchapter.
30. A new Sec. 173.159a is added to read as follows:

Sec. 173.159a Exceptions for non-spillable batteries.

(a) Exceptions for hazardous materials shipments in the following
paragraphs are permitted only if this section is referenced for the
specific hazardous material in the Sec. 172.101 table or in a
packaging section in this part.
(b) Non-spillable batteries offered for transportation or
transported in accordance with this section are subject to the incident
reporting requirements of Sec. Sec. 171.15 and 171.16 when applicable.
(c) Non-spillable batteries are excepted from the packaging
requirements of Sec. 173.159 under the following conditions:
(1) Non-spillable batteries must be securely packed in strong outer
packagings and meet the requirements of Sec. 173.159(a). A non-
spillable battery which is an integral part of and necessary for the
operation of mechanical or electronic equipment must be securely
fastened in the battery holder on the equipment;
(2) For batteries manufactured after September 30, 1995, the
battery and outer packaging must be plainly and durably marked
``NONSPILLABLE'' or ``NONSPILLABLE BATTERY''. The requirement to mark
the outer package does not apply when the battery is

[[Page 44852]]

installed in a piece of equipment that is transported unpackaged.
(d) Non-spillable batteries are excepted from all other
requirements of this subchapter when offered for transportation and
transported in accordance with paragraph (c) of this section and:
(1) At a temperature of 55 [deg]C (131 [deg]F), the battery must
not contain any unabsorbed free-flowing liquid, and must be designed so
that electrolyte will not flow from a ruptured or cracked case; and
(2) When transported by aircraft:
(i) The airway bill must contain the words ``not restricted''; and
(ii) Any battery-powered device, equipment or vehicle must be
prepared and packaged for transport so as to prevent unintentional
activation.
31. In Sec. 173.162, paragraph (c) is revised to read as follows:

Sec. 173.162 Gallium.

* * * * *
(c) Manufactured articles or apparatuses containing gallium are not
subject to the requirements of this subchapter except for the
following:
(1) For transportation by aircraft:
(i) Each manufactured article or apparatus contains no more than
100 mg (0.0035 ounce) of gallium and is packaged so that the quantity
of gallium per package does not exceed 1 g (0.35 ounce);
(ii) The incident reporting requirements of Sec. 171.15 of this
subchapter; and
(iii) The airway bill must contain the words ``not restricted.''
(2) For transportation by motor vehicle, rail, or vessel, each
manufactured article or apparatus, must contain no more than 100 mg
(0.0035 ounce) of gallium and is packaged so that the quantity of
gallium per package does not exceed 1 g (0.35 ounce).
32. In Sec. 173.164, paragraph (b) is revised to read as follows:

Sec. 173.164 Mercury (metallic and articles containing mercury).

* * * * *
(b) Manufactured articles or apparatuses containing mercury are not
subject to the requirements of this subchapter except for the
following:
(1) For transportation by aircraft:
(i) Each manufactured article or apparatus contains no more than
100 mg (0.0035 ounce) of mercury and is packaged so that the quantity
of mercury per package does not exceed 1 g (0.35 ounce);
(ii) The incident reporting requirements of Sec. 171.15 of this
subchapter; and
(iii) The airway bill must contain the words ``not restricted.''
(2) For transportation by motor vehicle, rail, or vessel, each
manufactured article or apparatus, must contain no more than 100 mg
(0.0035 ounce) of mercury and is packaged so that the quantity of
mercury per package does not exceed 1 g (0.35 ounce).
* * * * *
33. In Sec. 173.166, paragraph (d)(1) is revised to read as
follows:

Sec. 173.166 Air bag inflators, air bag modules and seat-belt
pretensioners.

* * * * *
(d) * * *
(1) An air bag module or seat-belt pretensioner that has been
approved by the Associate Administrator and is installed in a motor
vehicle, aircraft, boat or other transport conveyance or its completed
components, such as steering columns or door panels, is not subject to
the requirements of this subchapter except for transportation by air:
(i) The incident reporting requirements of Sec. 171.15 of this
subchapter; and
(ii) The air waybill must contain the words ``not restricted.''
* * * * *
34. In Sec. 173.186, paragraph (c) is revised to read as follows:

Sec. 173.186 Matches.

* * * * *
(c) Safety matches and wax ``Vesta'' matches must be tightly packed
in securely closed inner packagings to prevent accidental ignition
under conditions normally incident to transportation, and further
packed in outer fiberboard, wooden, or other equivalent-type
packagings. These matches in outer packagings not exceeding 23 kg (50
pounds) gross weight are not subject to any other requirement of this
subchapter except for marking, and for transportation by aircraft, the
incident reporting requirements of Sec. 171.15 of this subchapter and
the air waybill must contain the words ``not restricted.'' These
matches may be packed in the same outer packaging with materials not
subject to this subchapter.
* * * * *
35. In Sec. 173.189, paragraph (e) is revised to read as follows:

Sec. 173.189 Batteries containing sodium or cells containing sodium.

* * * * *
(e) Vehicles, machinery and equipment powered by sodium batteries
must be consigned under the entry ``Battery-powered vehicle or Battery-
powered equipment.''
36. In Sec. 173.196, paragraphs (a)(1) and (a)(2) are revised to
read as follows:

Sec. 173.196 Category A infectious substances.

(a) * * *
(1) A leakproof primary receptacle.
(2) A leakproof secondary packaging. If multiple fragile primary
receptacles are placed in a single secondary packaging, they must be
either wrapped individually or separated to prevent contact between
them.
* * * * *
37. In subpart E of part 173, a new Sec. 173.206 is added to read
as follows:

Sec. 173.206 Packaging requirements for chlorosilanes.

(a) When Sec. 172.101 of this subchapter specifies that a
hazardous material be packaged under this section, only non-bulk
packagings prescribed in this section may be used for its
transportation. Each packaging must conform to the general packaging
requirements of subpart B of part 173, to the requirements of part 178
of this subchapter at the Packing Group I or II performance level
(unless otherwise excepted), and to the particular requirements of the
special provisions of Column (7) of the Sec. 172.101 Table.
(b) The following combination packagings are authorized:
Outer packagings:

Steel drum: 1A2
Plastic drum: 1H2
Plywood drum: 1D
Fiber drum: 1G
Steel box: 4A
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H1
Solid plastic box: 4H2

Inner packagings:

Glass or Steel receptacle

Steel drum: 1A1
Steel jerrican: 3A1
Plastic receptacle in steel drum: 6HA1

38. In Sec. 173.220, paragraphs (a)(2), (c), (d), and (e)(1), and
the last two sentences of paragraph (g)(2) are revised to read as
follows:

Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery-powered vehicles or equipment.

(a) * * *
(2) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or lithium battery; or
* * * * *

[[Page 44853]]

(c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against short circuits and leakage or
removed and packaged separately under Sec. 173.159. Battery-powered
vehicles, machinery or equipment including battery-powered wheelchairs
and mobility aids are not subject to any other requirements of this
subchapter except Sec. 173.21 when transported by rail, highway or
vessel.
(d) Lithium batteries. Except as provided in Sec. 173.185 of this
subchapter, vehicles, engines and machinery powered by lithium metal
batteries that are transported with these batteries installed are
forbidden aboard passenger-carrying aircraft. Lithium batteries
contained in vehicles, engines or mechanical equipment must be securely
fastened in the battery holder of the vehicle, engine or mechanical
equipment and be protected in such a manner as to prevent damage and
short circuits (e.g., by the use of non-conductive caps that cover the
terminals entirely). Lithium batteries must be of a type that have
successfully passed each test in the UN Manual of Tests and Criteria as
specified in Sec. 173.185, unless approved by the Associate
Administrator. Equipment (other than vehicles, engines or mechanical
equipment) containing lithium batteries, must be described as ``Lithium
batteries contained in equipment'' and transported in accordance with
Sec. 173.185 and applicable special provisions.
(e) Other hazardous materials. (1) Items containing hazardous
materials, such as, fire extinguishers, compressed gas accumulators,
safety devices and other hazardous materials which are integral
components of the motor vehicle, engine or mechanical equipment and are
necessary for the operation of the vehicle, engine or mechanical
equipment, or for the safety of its operator or passengers must be
securely installed in the motor vehicle, engine or mechanical
equipment. Such items are not otherwise subject to the requirements of
this subchapter. Equipment (other than vehicles, engines or mechanical
equipment) containing lithium batteries must be described as ``Lithium
batteries contained in equipment'' and transported in accordance with
Sec. 173.185 and applicable special provisions.
* * * * *
(g) * * *
(2) * * * For transportation by aircraft, the provisions of Sec.
173.159(d)(2) as applicable, other applicable requirements of this
subchapter, including shipping papers, emergency response information,
notification of pilot-in-command, general packaging requirements, and
the requirements specified in Sec. 173.27 must be met. For
transportation by vessel, additional exceptions are specified in Sec.
176.905 of this subchapter.
39. In Sec. 173.222, the section heading and paragraph (c)(3) are
revised to read as follows:

Sec. 173.222 Dangerous goods in equipment, machinery or apparatus.

* * * * *
(c) * * *
(3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. For
transportation by aircraft, Division 2.2 gases with subsidiary risks
and refrigerated liquefied gases are not authorized; and
* * * * *
40. a. In Sec. 173.225, in paragraph (c)(8), the Organic Peroxide
Table is amended by removing and adding the following entries in the
appropriate order; and in the ``NOTES'' immediately following the
Table, a new Note ``29,'' ``30'' and ``31'' are added in the
appropriate numerical order.
b. In paragraph (e), the Organic Peroxide IBC Table is amended by
removing and adding the following entries in the appropriate order.
c. In paragraph (g), the Organic Peroxide Portable Tank Table is
amended by adding and revising the following entries in the appropriate
order.

Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.

* * * * *
(c) * * *
(8) * * *

Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent Diluent Diluent
Technical name ID No. Concent. (mass %) (mass %) (mass %) Water Packing Temp Temp Notes
(mass %) A B I (mass %) method control emergency
(1) (2).......... (3).......... (4a) (4b) (4c) (5) (6)......... (7a) (7b) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]

* * * * * * *
tert-Amyl peroxy-3,5,5- 3101........ <=100........ ......... ......... ......... ......... OP5.........
trimethylhexanoate.

* * * * * * *
Cyclohexanone peroxide(s)...... Exempt....... ............. ......... ......... >=68 ......... Exempt......

* * * * * * *
Dibenzoyl peroxide............. Exempt....... <=35......... ......... ......... >=65 ......... Exempt......

* * * * * * *
Di-(2-tert- Exempt....... <=42......... ......... ......... >=58 ......... Exempt......
butylperoxyisopropyl)
benzene(s).

* * * * * * *
Di-4-chlorobenzoyl peroxide.... Exempt....... <=32......... ......... ......... >=68 ......... Exempt......

* * * * * * *
Dicumyl peroxide............... Exempt....... <=52......... ......... ......... >=48 ......... Exempt......

* * * * * * *
Di-(2-ethylhexyl) 3117......... <=62......... ......... ......... ......... ......... OP8......... -15 -5
peroxydicarbonate [as a stable
dispersion in water].

* * * * * * *
[ADD]

* * * * * * *
tert-Amyl peroxyneodecanoate... 3119........ <=47......... >=53 ......... ......... ......... OP8......... 0 +10

[[Page 44854]]

* * * * * * *
tert-Amyl peroxypivalate....... 3119........ <=32......... >=68 ......... ......... ......... OP8......... +10 +15
tert-Amyl peroxy-3,5,5- 3105........ <=100........ ......... ......... ......... ......... OP7.........
trimethylhexanoate.

* * * * * * *
tert-Butyl peroxy-3,5,5- 3106........ <=42......... ......... ......... >=58 ......... OP7.........
trimethlyhexanoate.

* * * * * * *
Cumyl peroxyneodecanoate....... 3115......... <=87......... >=13 ......... ......... ......... OP7......... -10 0

* * * * * * *
Cyclohexanone peroxide(s)...... Exempt....... <=32......... ......... ......... >=68 ......... Exempt...... ......... ......... 29

* * * * * * *
2,2-DI-(tert-amylperoxy)-butane 3105........ <=57......... >=43 ......... ......... ......... OP7........

* * * * * * *
Dibenzoyl peroxide............. Exempt....... <=35......... ......... ......... >=65 ......... Exempt...... ......... ......... 29

* * * * * * *
tert-Butyl peroxybenzoate...... 3109........ <=32........ >=68 ......... ......... ......... OP8.........

* * * * * * *
1,1-DI-(tert-butylperoxy)- 3103........ <=72......... ......... >=28 ......... ......... OP5......... ......... ......... 30
cyclohexane.

* * * * * * *
1,1-Di-(tert-Butylperoxy) 3109........ <=37......... >=63 ......... ......... ......... OP8.........
cyclohexane.

* * * * * * *
1,1-DI-(tert-butylperoxy)- 3105......... <=43 + <=16.. >=41 ......... ......... ......... OP7.........
Cyclohexane + tert-butyl
peroxy-2-ethylhexanoate.

* * * * * * *
Di-(2-tert- Exempt....... <=42......... ......... ......... >=58 ......... Exempt...... ......... ......... 29
butylperoxyisopropyl)
benzene(s).

* * * * * * *
1,1-DI-(tert-butylperoxy)-3,3,5- 3103........ <=90......... ......... >=10 ......... ......... OP5......... ......... ......... 30
trimethylcyclohexane.

* * * * * * *
DI-2,4-dichlorobenzoyl peroxide 3118......... <=52......... ......... ......... ......... ......... OP8......... +20 +25
[as a paste].

* * * * * * *
Di-4-chlorobenzoyl peroxide.... Exempt....... <=32......... ......... ......... >=68 ......... Exempt...... ......... ......... 29

* * * * * * *
Dicumyl peroxide............... Exempt....... <=52......... ......... ......... >=48 ......... Exempt...... ......... ......... 29

* * * * * * *
Di-(2-ethylhexyl) 3119......... <=62......... ......... ......... ......... ......... OP8......... -15 -5
peroxydicarbonate [as a stable
dispersion in water].

* * * * * * *
Di-(2-neodecanoyl- 3119......... <42.......... ......... ......... ......... ......... OP8......... -15 -5
peroxyisopropyl) benzene, as
stable dispersion in water.

* * * * * * *
3-Hydroxy-1,1-dimethylbutyl 3115........ <=77......... >=23 ......... ......... ......... OP7......... -5 +5
peroxyneodecanoate.

* * * * * * *
3-Hydroxy-1,1-dimethylbutyl 3119......... <=52......... ......... ......... ......... ......... OP8......... -5 +5
peroxyneodecanoate [as a
stable dispersion in water].

* * * * * * *
3-Hydroxy-1,1-dimethylbutyl 3117........ <=52......... >=48 ......... ......... ......... OP8......... -5 +5
peroxyneodecanoate.

* * * * * * *
Methyl isopropyl ketone 3109......... (See remark >=70 ......... ......... ......... OP8........ ......... ......... 31
peroxide(s). 31).

* * * * * * *
3,3,5,7,7-Pentamethyl-1,2,4- 3107........ <=100........ ......... ......... ......... ......... OP8.........
Trioxepane.

[[Page 44855]]

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Notes
* * * * *
29. Not subject to the requirements of this subchapter for Division
5.2.
30. Diluent type B with boiling point >130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.
* * * * *
(e) * * *

Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
Maximum
UN No. Organic peroxide Type of quantity Control Emergency
IBC (litres) temperature temperature
----------------------------------------------------------------------------------------------------------------
[REMOVE]

* * * * * * *
3109.......................... ORGANIC PEROXIDE,
TYPE F, LIQUID.

* * * * * * *
tert-Butyl peroxy- 31A 1250
3,5,5-
trimethylhexanoate,
not more than 32% in
diluent type A.
31HA1 1000

* * * * * * *
3119.......................... ORGANIC PEROXIDE,
TYPE F, LIQUID,
TEMPERATURE
CONTROLLED.

* * * * * * *
tert-Butyl 31A 1250 -5 [deg]C +5 [deg]C
peroxyneodecanoate,
not more than 42%,
stable dispersion,
in water.
Di-(2-ethylhexyl) 31A 1250 -20 [deg]C -10 [deg]C
peroxydicarbonate,
not more than 52%,
staple dispersion,
in water.

* * * * * * *
[ADD]

* * * * * * *
3109.......................... ORGANIC PEROXIDE,
TYPE F, LIQUID.

* * * * * * *
tert-Butyl 31A 1250
peroxybenzoate, not
more than 32% in
diluent type A.

* * * * * * *
tert-Butyl peroxy- 31A 1250
3,5,5-
trimethylhexanoate,
not more than 37% in
diluent type A.
31HA1 1000

* * * * * * *
1,1-Di-(tert- 31A 1250
Butylperoxy)
cyclohexane, not
more than 37% in
diluent type A.

* * * * * * *
3119.......................... ORGANIC PEROXIDE,
TYPE F, LIQUID,
TEMPERATURE
CONTROLLED.

* * * * * * *
tert-Amyl 31A 1250 +10 [deg]C +15 [deg]C
peroxypivalate, not
more than 32% in
diluent type A.

* * * * * * *
tert-Butyl 31A 1250 -5 [deg]C +5 [deg]C
peroxyneodecanoate,
not more than 52%,
stable dispersion,
in water.

* * * * * * *
Di-(2-ethylhexyl) 31A 1250 -20 [deg]C -10 [deg]C
peroxydicarbonate,
not more than 62%,
staple dispersion,
in water.

[[Page 44856]]

* * * * * * *
Di-(2- 31A 1250 -15 [deg]C -5 [deg]C
neodecanoylperoxyiso
propyl) benzene, not
more than 42%,
stable dispersion,
in water.

* * * * * * *
3-Hydroxy-1,1- 31A 1250 -15 [deg]C -5 [deg]C
dimethylbutyl peroxy-
neodecanoate, not
more than 52%,
stable dispersion,
in water.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
(g) * * *

Organic Peroxide Portable Tank Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum Minimum shell
test thickness (mm- Bottom opening Pressure relief Control Emergency
UN No. Hazardous material pressure reference steel) requirements See requirements See Filling limits temperature temperature
(bar) See . . . . . . . . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE].................

* * * * * * *
3119................................... ORGANIC PEROXIDE, TYPE F,
LIQUID, TEMPERATURE
CONTROLLED.
Di-(3,5,5-trimethyl- 4 Sec. Sec. Sec. Not more than 90% at 59 0 [deg]C +5 [deg]C
hexanoyl) peroxide, not 178.274(d)(2) 178.275(d)(3) 178.275(g)(1) [deg]F (15 [deg]C).
more than 38% in diluent
type A.

* * * * * * *
[ADD]

* * * * * * *
3119................................... ORGANIC PEROXIDE, TYPE F,
LIQUID, TEMPERATURE
CONTROLLED.
tert-Amyl peroxyneodeca- 4 Sec. Sec. Sec. Not more than 90% at 59 -10 [deg]C -5 [deg]C
noate, not more than 47% 178.274(d)(2) 178.275(d)(3) 178.275(g)(1) [deg]F (15 [deg]C).
in diluent type A.

* * * * * * *
Di-(3,5,5-trimethyl- 4 Sec. Sec. Sec. Not more than 90% at 59 0 [deg]C +5 [deg]C
hexanoyl) peroxide, not 178.274(d)(2) 178.275(d)(3) 178.275(g)(1) [deg]F (15 [deg]C).
more than 38% in diluent
type A or type B.

41. In Sec. 173.226, paragraph (c) is revised to read as follows:

Sec. 173.226 Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone A.

* * * * *
(c) In combination packagings, consisting of an inner packaging
system and an outer packaging, as follows:
(1) Outer packagings:

Steel drum: 1A2
Aluminum drum: 1B2
Metal drum, other than steel or aluminum: 1N2
Plywood drum: 1D
Fiber drum: 1G
Plastic drum: 1H2
Steel box: 4A
Aluminum box: 4B
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H2
Solid plastic box: 4H2
(2) Inner packaging system. The inner packaging system consists of
two packagings:
(i) An impact-resistant receptacle of glass, earthenware, plastic
or metal securely cushioned with a non-reactive, absorbent material,
and
(A) Capacity of each inner receptacle may not exceed 4 L (1
gallon).
(B) An inner receptacle that has a closure must have a closure
which is physically held in place by any means capable of preventing
back-off or

[[Page 44857]]

loosening of the closure by impact or vibration during transportation.
(ii) Packed within a leak-tight packaging of metal or plastic.
(iii) This combination packaging in turn is packed within the outer
packaging.
(3) Additional requirements:
(i) The total amount of liquid contained in the outer packaging
must not exceed 16 L (4 gallons).
(ii) The inner packaging system must conform to the performance
test requirements of subpart M of part 178 of this subchapter, at the
Packaging Group I performance level when subjected to the following
tests:
(A) Sec. 178.603--Drop Test
(B) Sec. 178.604--Leakproofness Test
(C) Sec. 178.605--Hydrostatic Pressure Test
(iii) The inner packaging system must meet the above tests without
the benefit of the outer packaging.
(iv) The leakproofness and hydrostatic pressure test may be
conducted on either the inner receptacle or the outer packaging of the
inner packaging system.
(v) The outer package must conform to the performance test
requirements of subpart M of part 178 of this subchapter, at the
Packaging Group I performance level as applicable for the type of
package being used.
* * * * *
42. Section 173.230 is revised to read as follows:

Sec. 173.230 Fuel cell cartridges containing hazardous material.

(a) Requirements for fuel cell cartridges. Fuel cell cartridges,
including when contained or packed with equipment, must be designed and
constructed to prevent fuel leakage under normal conditions of
transportation and be free of electric charge generating components.
Fuel cell cartridge design types using liquids as fuels must pass an
internal pressure test at a gauge pressure of 100 kPa (15 psig) without
leakage. Except for fuel cell cartridges containing hydrogen in metal
hydride which must be in conformance with paragraph (d) of this
section, each fuel cell cartridge design type including when contained
in or packed with equipment, must pass a 1.2 meter (3.9 feet) drop test
onto an unyielding surface in the orientation most likely to result in
the failure of the containment system with no loss of contents. Fuel
cells installed in or integral to a fuel cell system are regarded as
contained in equipment. Fuel cell cartridges containing a Division 2.1,
Division 4.3 or Class 8 material must meet the following additional
requirements.
(b) A fuel cell cartridge designed to contain a Division 4.3 or a
Class 8 material may contain an activator provided it is fitted with
two independent means of preventing unintended mixing with the fuel
during transport.
(c) Each fuel cell cartridge designed to contain a liquefied
flammable gas must:
(1) Be capable of withstanding, without leakage or bursting, a
pressure of at least two times the equilibrium pressure of the contents
at 55 [deg]C (131 [deg]F);
(2) Contain no more than 200 mL of liquefied flammable gas with a
vapor pressure not exceeding 1,000 kPa (150 psig) at 55 [deg]C (131
[deg]F); and
(3) Pass the hot water bath test prescribed in accordance with
Sec. 173.306(a)(3)(v).
(d) Each fuel cell cartridge designed to contain hydrogen in a
metal hydride must conform to the following:
(1) Each fuel cell cartridge must have a water capacity less than
or equal to 120 mL (4 fluid ounces).
(2) Each fuel cell cartridge must be capable of withstanding,
without leakage or bursting, a pressure of at least two times the
design pressure of the cartridge at 55 [deg]C (131 [deg]F) or 200 kPa
(30 psig) more than the design pressure of the cartridge at 55 [deg]C
(131 [deg]F), whichever is greater. The pressure within the fuel cell
cartridge must not exceed 5 MPa (650 psig) at 55 [deg]C (131 [deg]F).
The pressure at which the test is conducted is referred to as the
``minimum shell burst pressure.''
(3) Each fuel cell cartridge must be filled in accordance with the
procedure provided by the manufacturer. The manufacturer must provide
the following information with each fuel cell cartridge:
(i) Inspection procedures to be carried out before initial filling
and before refilling of the fuel cell cartridge;
(ii) Safety precautions and potential hazards to be aware of;
(iii) A method of determining when the rated capacity has been
achieved;
(iv) Minimum and maximum pressure range;
(v) Minimum and maximum temperature range; and
(vi) Any other requirements to be met for initial filling and
refilling including the type of equipment to be used.
(4) Each fuel cell cartridge must be permanently marked with the
following information:
(i) The rated charging pressure in megapascals (MPa);
(ii) The manufacturer's serial number of the fuel cell cartridges
or unique identification number; and
(iii) The expiration date based on the maximum service life (yyyy/
mm).
(5) Each fuel cell cartridge design type must be subjected to and
pass the following tests (this includes cartridges integral to a fuel
cell):
(i) Drop test. A 1.8 m (5.9 feet) drop test onto an unyielding
surface must be performed. There must be no leakage. Leakage must be
determined using a soap bubble solution or other equivalent means on
all possible leak locations, when the fuel cell cartridge is charged to
its rated charging pressure. The fuel cell cartridge must then be
hydrostatically pressurized to destruction. The burst pressure must be
greater than 85% of the minimum shell burst pressure. The drop must be
performed in the following four different orientations:
(A) Vertically, on the end containing the shut-off valve assembly;
(B) Vertically, on the end opposite to the shut-off valve assembly;
(C) Horizontally, onto a steel apex with a diameter of 3.8 cm (9.7
in), with the steel apex in the upward position; and
(D) At a 45[deg] angle on the end containing the shut-off valve
assembly.
(ii) Fire test. Each fuel cell cartridge filled (with hydrogen) to
rated capacity must be subjected to a fire engulfment test. The
cartridge design (including design types with an integral vent feature)
is deemed to pass the fire test if:
(A) The internal pressure vents to zero gauge pressure without the
rupture of the cartridge; or
(B) The cartridge withstands the fire for a minimum of 20 minutes
without rupture.
(iii) Hydrogen cycling test. Each fuel cell cartridge must be
subjected to a hydrogen cycling test to ensure that the design stress
limits are not exceeded during use. The fuel cell cartridge must be
cycled from not more than 5% rated hydrogen capacity to not less than
95% rated hydrogen capacity and back to not more than 5% rated hydrogen
capacity. The rated charging pressure used for charging and
temperatures must be within the operating temperature range. The
cycling must be continued for at least 100 cycles. Following the
cycling test the fuel cell cartridge must be charged and the water
volume displaced by the cartridge must be measured. The design is
deemed to pass the test if the water volume displaced by the cycled
cartridge does not exceed the water volume displaced by an uncycled
cartridge charged to 95% rated capacity and pressurized to 75% of its
minimum shell burst pressure.
(iv) Production leak test. Each fuel cell cartridge must be tested
for leaks at 15 [deg]C 5 [deg]C (59 [deg]F 20
[deg]F) while

[[Page 44858]]

pressurized to its rated charging pressure. There must be no leakage.
Leakage must be determined using a soap bubble solution or other
equivalent means on all possible leak locations.
(e) The following packagings are authorized provided the general
packaging requirements subpart B of part 173 of this subchapter are
met:
(1) For fuel cell cartridges, rigid packagings conforming to the
requirements of part 178 of this subchapter at the packing group II
performance level; and
(2) Strong outer packagings for fuel cell cartridges contained in
equipment or packed with equipment. Large equipment containing fuel
cell cartridges may be transported unpackaged if the equipment provides
an equivalent level of protection.
(i) Fuel cell cartridges packed with equipment must be packed in
inner packagings and placed in the outer packaging along with the
equipment they are capable of powering or placed in the outer packaging
with cushioning material or dividers. The fuel cell cartridges must be
protected against damage that may be caused by the shifting or
placement of the equipment and cartridges within the outer packaging;
and
(ii) Fuel cell cartridges installed in equipment must be protected
against short circuit and unintentional activation.
(f) For transportation by aircraft, the following additional
provisions apply:
(1) The package must comply with the applicable provisions of Sec.
173.27 of this subchapter;
(2) For fuel cells contained in equipment, fuel cell systems must
not charge batteries during transport;
(3) For transportation aboard passenger aircraft, each fuel cell
system and fuel cell cartridge must conform to IEC PAS 62282-6-1 Ed. 1
(IBR, see Sec. 171.7 of this subchapter) or a standard approved by the
Associate Administrator;
(4) For fuel cells packed with equipment, the fuel cell cartridges
must be packed in inner packagings and placed in the outer packaging
along with the equipment they are capable of powering;
(5) The maximum number of fuel cell cartridges in the intermediate
packaging must be the minimum number required to power the equipment,
plus 2 spares;
(6) Fuel cell cartridges must not charge batteries during
transport; and
(7) Large robust articles containing fuel cells may be transported
unpackaged when approved by the Associate Administrator.
(8) Fuel cells intended for transportation in carry-on baggage on
board passenger aircraft must also comply with the applicable
provisions prescribed in Sec. 175.10 of this subchapter.
(g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling,
placarding and the specification packaging requirements of this
subchapter when packaged according to this section. Each package must
conform to the packaging requirements of subpart B of this part and may
not exceed 30 kg (66 pounds) gross weight. Limited quantities of fuel
cell cartridges are not permitted for transportation by aircraft. For
transportation by highway, rail and vessel, the following combination
packagings are authorized:
(1) For flammable liquids, in fuel cell cartridges not over 1.0 L
(0.3 gallon) net capacity each, packed in strong outer packaging.
(2) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges not over 0.5 L (16.9 fluid ounces)
net capacity each for liquids or not over 0.5 kg (1.1 pound) net
capacity each for solids, packed in strong outer packaging.
(3) For corrosive materials, in fuel cell cartridges not over 1.0 L
(0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2
pounds) net capacity each for solids packed in strong outer packaging.
(4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed
in strong outer packaging.
(5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity each, packed in strong outer
packaging.
(h) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (g) of this section and is a ``consumer
commodity'' as defined in Sec. 171.8 of this subchapter may be renamed
``Consumer commodity'' and reclassed as ORM-D. In addition to the
exceptions provided in paragraph (g) of this section, shipments of ORM-
D materials are not subject to the shipping paper requirements of
subpart C of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
and are eligible for the exceptions provided in Sec. 173.156.
43. Section 173.304b is revised to read as follows:

Sec. 173.304b Additional requirements for shipment of liquefied
compressed gases in UN pressure receptacles.

(a) General. Liquefied gases and gas mixtures must be offered for
transportation in UN pressure receptacles subject to the requirements
in this section and Sec. 173.304. In addition, the general
requirements applicable to UN pressure receptacles in Sec. Sec.
173.301 and 173.301b must be met.
(b) UN pressure receptacle filling limits. A UN pressure receptacle
is authorized for the transportation of liquefied compressed gases and
gas mixtures as specified in this section. When a liquefied compressed
gas or gas mixture is transported in a UN pressure receptacle, the
filling ratio may not exceed the maximum filling ratio prescribed in
this section and the applicable ISO standard. Compliance with the
filling limits may be determined by referencing the numerical values
and data in Table 2 of P200 of the UN Recommendations (IBR, see Sec.
171.7 of this subchapter). Alternatively, the maximum allowable filling
limits may be determined as follows:
(1) For high pressure liquefied gases, in no case may the filling
ratio of the settled pressure at 65 [deg]C (149 [deg]F) exceed the test
pressure of the UN pressure receptacle.
(2) For low pressure liquefied gases, the filling factor (maximum
mass of contents per liter of water capacity) must be less than or
equal to 95 percent of the liquid phase at 50 [deg]C. In addition, the
UN pressure receptacle may not be liquid full at 60 [deg]C. The test
pressure of the pressure receptacle must be equal to or greater than
the vapor pressure of the liquid at 65 [deg]C.
(3) For high pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(b) of P200 of
the UN Recommendations.
(4) For low pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(c) of P200 of
the UN Recommendations.
(c) Tetraflouroethylene, stabilized, UN1081 must be packaged in a
pressure receptacle with a minimum test pressure of 200 bar and a
working pressure not exceeding 5 bar.
(d) Fertilizer ammoniating solution with free ammonia, UN1043 is
not authorized in UN tubes or MEGCs.
44. In Sec. 173.306, new paragraph (a)(5) is added; and paragraphs
(b)(1), (b)(2), (b)(3), (i), and (j) are revised to read as follows:

[[Page 44859]]

Sec. 173.306 Limited quantities of compressed gases.

(a) * * *
(5) For limited quantities of Division 2.2 gases with no subsidiary
risk, when in a plastic container for the sole purpose of expelling a
liquid, paste or powder, provided all of the following conditions are
met. Special exceptions for shipment of aerosols in the ORM-D class are
provided in paragraph (i) of this section.
(i) Capacity must not exceed 1 L (61.0 cubic inches).
(ii) Pressure in the container must not exceed 160 psig at 130
[deg]F. If the pressure in the container is less than 140 psig at 130
[deg]F, a non-DOT specification container may be used. If the pressure
in the container exceeds 140 psig at 130 [deg]F but does not exceed 160
psig at 130 [deg]F, the container must conform to specification DOT 2S.
All non-DOT specification and specification DOT 2S containers must be
capable of withstanding, without bursting, a pressure of one and one-
half times the equilibrium pressure of the contents at 130 [deg]F.
(iii) Liquid content of the material and gas must not completely
fill the container at 130 [deg]F.
(iv) The container must be packed in strong outside packagings.
(v) Each container must be subjected to a test performed in a hot
water bath; the temperature of the bath and the duration of the test
must be such that the internal pressure reaches that which would be
reached at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the
liquid phase does not exceed 95% of the capacity of the container at 50
[deg]C (122 [deg]F). If the contents are sensitive to heat, the
temperature of the bath must be set at between 20 [deg]C (68 [deg]F)
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must
be tested at the higher temperature. No leakage or permanent
deformation of a container may occur.
(vi) Each outside packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
* * * * *
(b) * * *
(1) Foodstuffs or soaps in a nonrefillable metal or plastic
container not exceeding 1 L (61.0 cubic inches), with soluble or
emulsified compressed gas, provided the pressure in the container does
not exceed 140 psig at 130 [deg]F. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas. The
metal or plastic container must be capable of withstanding, without
bursting, a pressure of one and one-half times the equilibrium pressure
of the contents at 130 [deg]F.
(i) Containers must be packed in strong outside packagings.
(ii) Liquid content of the material and the gas must not completely
fill the container at 130 [deg]F.
(iii) Each outside packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
(2) Cream in refillable metal or plastic containers with soluble or
emulsified compressed gas. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas.
Containers must be of such design that they will hold pressure without
permanent deformation up to 375 psig and must be equipped with a device
designed so as to release pressure without bursting of the container or
dangerous projection of its parts at higher pressures. This exception
applies to shipments offered for transportation by refrigerated motor
vehicles only.
(3) Nonrefillable metal or plastic containers charged with a
Division 6.1 Packing Group III or nonflammable solution containing
biological products or a medical preparation which could be
deteriorated by heat, and compressed gas or gases. Plastic containers
must only contain 2.2 non-flammable soluble or emulsified compressed
gas. The capacity of each container may not exceed 35 cubic inches
(19.3 fluid ounces). The pressure in the container may not exceed 140
psig at 130 [deg]F, and the liquid content of the product and gas must
not completely fill the containers at 130 [deg]F. One completed
container out of each lot of 500 or less, filled for shipment, must be
heated, until the pressure in the container is equivalent to
equilibrium pressure of the contents at 130 [deg]F. There must be no
evidence of leakage, distortion, or other defect. The container must be
packed in strong outside packagings.
* * * * *
(i) A limited quantity which conforms to the provisions of
paragraph (a)(1), (a)(3), (a)(5), or (b) of this section and is a
``consumer commodity'' as defined in Sec. 171.8 of this subchapter,
may be renamed ``consumer commodity'' and reclassed as ORM-D material.
Each package may not exceed 30 kg (66 pounds) gross weight. In addition
to the exceptions provided by paragraphs (a) and (b) of this section--
(1) Outside packagings are not required to be marked ``INSIDE
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS'';
(2) Shipments of ORM-D materials are not subject to the shipping
paper requirements of subpart C of part 172 of this subchapter, unless
the material meets the definition of a hazardous substance, a hazardous
waste, or a marine pollutant or unless offered for transportation or
transported by aircraft; and
(3) Shipments of ORM-D materials are eligible for the exceptions
provided in Sec. 173.156.
(j) Aerosols and receptacles small, containing gas with a capacity
of less than 50 mL. Aerosols, as defined in Sec. 171.8 of this
subchapter, and receptacles small, containing gas, with a capacity not
exceeding 50 mL (1.7 oz.) and with a pressure not exceeding 970 kPa
(141 psig) at 55 [deg]C (131 [deg]F), containing no hazardous materials
other than a Division 2.2 gas, are not subject to the requirements of
this subchapter except for transportation by aircraft, the incident
reporting requirements of Sec. 171.15 of this subchapter and the air
waybill must contain the words ``not restricted.'' The pressure limit
may be increased to 2000 kPa (290 psig) at 55 [deg]C (131 [deg]F)
provided the aerosols are transported in outer packages that conform to
the packaging requirements of Subpart B of this part. This paragraph
(j) does not apply to a self-defense spray (e.g., pepper spray).
45. In Sec. 173.307, new paragraph (a)(5) is added to read as
follows:

Sec. 173.307 Exceptions for compressed gases.

(a) * * *
(5) Manufactured articles or apparatuses, each containing not more
than 100 mg (0.0035 ounce) of inert gas and packaged so that the
quantity of inert gas per package does not exceed 1 g (0.35 ounce)
except for transportation by aircraft, the incident reporting
requirements of Sec. 171.15 of this subchapter and the air waybill
must contain the words ``not restricted.''
* * * * *
46. In Sec. 173.322, paragraph (d) is revised to read as follows:

Sec. 173.322 Ethyl chloride.

* * * * *
(d) In specification cylinders as prescribed for any compressed gas
except acetylene and cylinders made of aluminum alloy.

PART 175--CARRIAGE BY AIRCRAFT

47. The authority citation for part 175 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.

48. In Sec. 175.10, paragraph (a) introductory text, and
paragraphs (a)(10) and (a)(15) are revised and new

[[Page 44860]]

paragraphs (a)(18) and (c) are added to read as follows:

Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.

(a) This subchapter does not apply to the following hazardous
materials when carried by aircraft passengers or crewmembers provided
the requirements of Sec. Sec. 171.15 and 171.16 of this subchapter
(see paragraph (c) of this section) and the requirements of this
section are met:
* * * * *
(10) Dry ice (carbon dioxide, solid), with the approval of the
operator:
(i) Quantities may not exceed 2.5 kg (5.5 pounds) per person when
used to pack perishables not subject to the HMR. The package must
permit the release of carbon dioxide gas; and
(ii) When carried in checked baggage, each package is marked ``DRY
ICE'' or ``CARBON DIOXIDE, SOLID,'' and marked with the net weight of
dry ice or an indication the net weight is 2.5 kg (5.5 pounds) or less.
* * * * *
(15) * * *
(i) The battery meets the requirements of Sec. 173.159a(d) of this
subchapter for non-spillable batteries;
(ii) Visual inspection including removal of the battery, where
necessary, reveals no obvious defects (removal of the battery from the
housing should be performed by qualified airline personnel only);
(iii) The battery is disconnected unless the wheelchair or mobility
aid design provides an effective means of preventing unintentional
activation;
(iv) The battery terminals are protected to prevent short circuits;
and
(v) The battery is securely attached to the wheelchair or mobility
aid; or,
(A) Is removed and placed in a strong, rigid packaging marked
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that
is properly marked), and
(B) Is handled in accordance with paragraph (a)(16)(iv) of this
section.
* * * * *
(18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cell cartridges per passenger or crew
member, when transported in carry-on baggage by aircraft under the
following conditions:
(i) Fuel cell cartridges may contain only Division 2.1 liquefied
flammable gas, or hydrogen in a metal hydride, Class 3 flammable
liquids (including methanol), Division 4.3 water reactive substances,
or Class 8 corrosive materials;
(ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges;
(C) 200 g (7 ounces) for solids; or
(D) 120 mL (4 fluid ounces) for hydrogen in a metal hydride.
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
(v) Fuel cell cartridges containing hydrogen in a metal hydride
must meet the requirements in Sec. 173.230(d);
(vi) Fuel cell cartridges may not be refillable by the user.
Refueling of fuel cell systems is not permitted except that the
installation of a spare cartridge is allowed. Fuel cell cartridges that
are used to refill fuel cell systems but that are not designed or
intended to remain installed (fuel cell refills) in a portable
electronic device are not permitted;
(vii) Fuel cell systems and fuel cell cartridges must conform to
IEC/PAS 62282-6-1 (IBR; see Sec. 171.7 of this subchapter);
(viii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1 (IBR, see Sec. 171.7 of this
subchapter). Fuel cell systems for which the sole function is to charge
a battery in the device are not permitted;
(ix) Fuel cell systems must be of a type that will not charge
batteries when the portable electronic device is not in use; and
(x) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify that the fuel cell cartridge or system meets
the specifications in IEC/PAS 62282-6-1 (IBR, see Sec. 171.7 of this
subchapter) and with the maximum quantity and type of fuel contained in
the cartridge or system.
* * * * *
(c) The requirements to submit incident reports as required under
Sec. Sec. 171.15 and 171.16 of this subchapter must be provided by the
air carrier.
49. In Sec. 175.33, paragraphs (a)(1)(i) and (c)(4) are revised
and a new paragraph (a)(11) is added to read as follows:

Sec. 175.33 Shipping paper and notification of pilot-in-command.

* * * * *
(a) * * *
(1) * * *
(i) Section 172.101 of this subchapter. Except for the requirement
to indicate the type of package, any additional description
requirements provided in Sec. Sec. 172.202, and 172.203 of this
subchapter must also be shown on the notification.
* * * * *
(11) For UN1845, Carbon dioxide, solid (dry ice), only the UN
number, proper shipping name, hazard class, total quantity, exact
location aboard the aircraft, and the airport at which the package(s)
is to be unloaded must be provided.
* * * * *
(c) * * *
(4) Make available, upon request, to an authorized official of a
Federal, State, or local government agency (including an emergency
responder(s)) at reasonable times and locations, the documents or
information required to be retained by this paragraph. In the event of
a reportable incident, as defined in Sec. 171.15 of this subchapter,
make immediately available to an authorized official of a Federal,
State, or local government agency (including an emergency responders),
the documents or information required to be retained by this paragraph.
* * * * *
50. In Sec. 175.75, paragraph (d) is revised to read as follows:

Sec. 175.75 Quantity limitations and cargo location.

* * * * *
(d) Each package containing a hazardous material acceptable only
for cargo aircraft must be:
(1) Loaded in such a manner that a crew member or other authorized
person can access, handle and when size and weight permit, separate
such packages from other cargo during flight; or
(2) Loaded in a cargo compartment that has an FAA-approved fire or
smoke detection system and a fire-suppression system.
* * * * *
51. In Sec. 175.88, paragraph (c) is revised to read as follows:

Sec. 175.88 Inspection, orientation and securing packages of
hazardous materials.

* * * * *
(c) Packages containing hazardous materials must be secured in an
aircraft in a manner that will prevent any shifting or any change in
the position of

[[Page 44861]]

the packages. Packages containing Class 7 (radioactive) materials must
be secured in a manner that ensures that the separation requirements of
Sec. Sec. 175.701 and 175.702 will be maintained at all times during
flight.

PART 176--CARRIAGE BY VESSEL

52. The authority citation for part 176 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

53. In Sec. 176.2, the definition for ``Commandant'' is revised to
read as follows:

Sec. 176.2 Definitions.

* * * * *
Commandant (CG-522), USCG means the Chief, Office of Operating and
Environmental Standards, United States Coast Guard, Washington, DC
20593-0001.
* * * * *
54. In Sec. 176.3, paragraph (a) is revised to read as follows:

Sec. 176.3 Unacceptable hazardous materials shipments.

(a) A carrier may not transport by vessel any shipment of a
hazardous material that is not prepared for transportation in
accordance with parts 173 and 173 of this subchapter, or as authorized
by part 171, subchapter C.

* * * * *
55. In Sec. 176.84, in paragraph (b), in the Table of provisions,
Code ``134'', Code ``139'' and Code ``140'' are removed; and new Codes
``145'' and ``146'' are added in the appropriate numerical order to
read as follows:

* * * * *

(b) * * *

------------------------------------------------------------------------
Code Provisions
------------------------------------------------------------------------

* * * * *
145............................... Stow ``separated from'' ammonium
compounds except for UN1444.
146............................... Category B stowage applies for unit
loads in open cargo transport
units.
------------------------------------------------------------------------

* * * * *
56. In Sec. 176.172, paragraph (a) introductory text is revised to
read as follows:

Sec. 176.172 Structural serviceability of freight containers and
vehicles carrying Class 1 (explosive) materials on ships.

(a) Except for Division 1.4 materials, a freight container may not
be offered for the carriage of Class 1 (explosive) materials, unless
the container is structurally serviceable as evidenced by a current CSC
(International Convention for Safe Containers) approval plate and
verified by a detailed visual examination as follows:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

57. The authority citation for part 178 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

58. In subpart B of part 178, new Sec. Sec. 178.33b through
178.33b-9 are added to read as follows:

Sec. 178.33b Specification 2S; inner nonrefillable plastic
receptacles.

Sec. 178.33b-1 Compliance.

(a) Required in all details.
(b) [Reserved]

Sec. 178.33b-2 Type and size.

(a) Single-trip inside containers.
(b) The maximum capacity of containers in this class shall not
exceed one liter (61.0 cubic inches). The maximum inside diameter shall
not exceed 3 inches.

Sec. 178.33b-3 Inspection.

(a) By competent inspector.
(b) [Reserved]

Sec. 178.33b-4 Duties of inspector.

(a) To inspect material and completed containers and witness tests,
and to reject defective materials or containers.
(b) [Reserved]

Sec. 178.33b-5 Material.

(a) The receptacles must be constructed of polyethylene
terephthalate (PET), polyethylene napthalate (PEN), polyamide (Nylon)
or a blend of PET, PEN, ethyl vinyl alcohol (EVOH) and/or Nylon.
(b) Material with seams, cracks, laminations or other injurious
defects are forbidden.

Sec. 178.33b-6 Manufacture.

(a) Each container must be manufactured by thermoplastic processes
that will assure uniformity of the completed container. No used
material other than production residues or regrind from the same
manufacturing process may be used. The packaging must be adequately
resistant to aging and to degradation caused either by the substance
contained or by ultraviolet radiation.
(b) [Reserved]

Sec. 178.33b-7 Design qualification test.

(a) Drop testing.
(1) To ensure that creep does not affect the ability of the
container type to retain the contents, each container type shall be
drop tested as follows: three groups of twenty-five filled containers
shall be dropped from 1.8m on to a rigid, non-resilient, flat and
horizontal surface. One group must be conditioned at 38 [deg]C (100
[deg]F) for 26 weeks, the second group for 100 hours at 50 [deg]C (122
[deg]F) and the third group for 18 hours at 55 [deg]C (131 [deg]F),
prior to performing the drop test.
(2) Criteria for passing the drop test: the containers must not
break or leak.
(b) [Reserved]

Sec. 178.33b-8 Production Tests.

(a) Burst testing.
(1) One out of each lot of 5,000 containers or less, successively
produced per day must be pressure tested to destruction and must not
burst below 240 psig. The container tested must be complete as intended
for transportation.
(2) Each such 5,000 containers or less, successively produced per
day, shall constitute a lot and if the test container shall fail, the
lot shall be rejected or ten additional containers may be selected at
random and subjected to the test under which failure occurred. These
containers shall be complete as intended for transportation. Should any
of the ten containers thus tested fail, the entire lot must be
rejected. All containers constituting a lot shall be of like material,
size, design construction, finish, and quality.
(b) Leak testing.
(1) Each empty container must be subjected to a pressure equal to
or in excess of the maximum expected in the filled containers at 55
[deg]C (131 [deg]F) 50 [deg]C (122 [deg]F) if the liquid phase does not
exceed 95 percent of the capacity of the container at 50 [deg]C (122
[deg]F). This must be at least two-thirds of the design pressure of the
aerosol dispenser. If any container shows evidence of leakage at a rate
equal to or greater than 3.3 x 10^-2mbar.l.s^-1 at
20 [deg]C (68 [deg]F), at the test pressure, distortion or other
defect, it must be rejected.
(2) Prior to filling, the filler must ensure that the crimping
equipment is set appropriately and the specified propellant is used.
Once filled, each container must be weighed and leak tested. The leak
detection equipment must be sufficiently sensitive to detect at least a
leak rate of 2.0 x 10^-3 mbar.l.s^-1 at 20 [deg]C
(68[deg]F). Any filled container which shows evidence of leakage,
deformation, or excessive weight must be rejected.

[[Page 44862]]

Sec. 178.33b-9 Marking.

(a) Each container must be clearly and permanently marked to show:
(1) DOT-2S.
(2) Name or symbol of person making the mark specified in paragraph
(a)(1) of this section. Symbol, if used, must be registered with the
Associate Administrator.
(b) [Reserved]
59. In Sec. 178.502, paragraph (d) is revised and a note to the
section is added to read as follows:

Sec. 178.502 Identification codes for packagings.

* * * * *
(d) Identification codes are set forth in the standards for
packagings in Sec. Sec. 178.504 through 178.523 of this subpart.

Note to Sec. 178.502: Plastics materials include other
polymeric materials such as rubber.

60. In Sec. 178.703, paragraph (a)(1)(vii) is revised to read as
follows:

Sec. 178.703 Marking of IBCs.

* * * * *
(a) * * *
(1) * * *
(vii) (A) The stacking test load in kilograms (kg). For IBCs not
designed for stacking, the figure ``0'' must be shown. For IBCs
designed for stacking, the maximum permitted stacking load applicable
when the IBC is in use shall be displayed on a symbol for all IBCs
manufactured, repaired or remanufactured after January 1, 2011 as
follows:
[GRAPHIC] [TIFF OMITTED] TP31JY08.017

(B) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm
(3.9 inches), be durable and clearly visible. The letters and numbers
shall be at least 12 mm high (.48 inches). The mass marked above the
symbol shall not exceed the load imposed during the design test divided
by 1.8.
* * * * *
61. In Sec. 178.801, paragraph (f)(1)(i) is revised to read as
follows:

Sec. 178.801 General requirements.

* * * * *
(f) * * *
(1) * * *
(i) The IBC need not have its closures fitted, except that the IBC
must be fitted with its primary bottom closure.
* * * * *
62. In Sec. 178.810, paragraph (e) is revised to read as follows:

Sec. 178.810 Drop test.

* * * * *
(e) Criteria for passing the test. For all IBC design types, there
may be no damage which renders the IBC unsafe to be transported for
salvage or for disposable, and no loss of contents. The IBC shall be
capable of being lifted by an appropriate means until clear of the
floor for five minutes. A slight discharge from a closure upon impact
is not considered to be a failure of the IBC provided that no further
leakage occurs. A slight discharge (e.g., from closures or stitch
holes) upon impact is not considered a failure of the flexible IBC
provided that no further leakage occurs after the IBC has been raised
clear of the ground.

Issued in Washington, DC, on July 15, 2008 under authority
delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E8-16579 Filed 7-30-08; 8:45 am]

BILLING CODE 4910-60-P