[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Rules and Regulations]
[Page 2199-2270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-16]
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Part III
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.
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Hazardous Materials: Revision to Requirements for the Transportation of
Batteries and Battery-Powered Devices; and Harmonization With the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions; Final Rule
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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: Final rule.
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SUMMARY: This final rule revises the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air,
Transport Canada's Transportation of Dangerous Goods Regulations, and
the United Nations Recommendations on the Transport of Dangerous Goods.
These revisions also include amendments and clarifications
addressing the safe transportation of batteries and battery-powered
devices. Consistent with recent changes to the International Civil
Aviation Organization's Technical Instructions, PHMSA is clarifying the
prohibition against transporting electrical devices, including
batteries and battery-powered devices that are likely to create sparks
or generate a dangerous amount of heat. PHMSA is also modifying and
enhancing requirements for the packaging and handling of batteries and
battery-powered devices, particularly in air commerce, to emphasize the
safety precautions that are necessary to prevent incidents during
transportation. PHMSA developed these revisions in conjunction with the
Federal Aviation Administration to enhance the safe transportation of
batteries and battery-powered devices.
DATES: Effective date: February 13, 2009.
Voluntary Compliance Date: PHMSA is authorizing voluntary
compliance beginning January 1, 2009.
Delayed Compliance Date: Except as specified in Sec. Sec. 171.14,
171.25, 172.102, 172.448, and 178.703 as amended herein, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2010.
Incorporation by Reference Date: The incorporation by reference of
the publications adopted in Sec. 171.7 of this final rule has been
approved by the Director of the Federal Register as of February 13,
2009.
FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or Charles Betts,
Office of Hazardous Materials Standards, telephone (202) 366-8553, or
Shane Kelley, International Standards, telephone (202) 366-0656,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington,
DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. Overview
A. Amendments To Enhance the Safe Transportation of Batteries
and Battery-Powered Devices
B. Additional Amendments Adopted in This Final Rule
C. Amendments Not Being Adopted in This Final Rule
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a notice of proposed rulemaking (NPRM) published July 31, 2008
[73 FR 44804], PHMSA proposed a number of revisions to the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to incorporate recent
updates and revisions to Transport Canada's Transportation of Dangerous
Goods (TDG) regulations, the United Nations Recommendations on the
Transport of Dangerous Goods (UN Recommendations), the International
Maritime Dangerous Goods (IMDG) Code, and the International Civil
Aviation Organization Technical Instructions (ICAO TI) for the
Transport of Dangerous Goods by Air. The UN Recommendations are amended
and updated biennially by the UN Committee of Experts on the Transport
of Dangerous Goods and on the Globally Harmonized System of
Classification and Labeling of Chemicals and serve as the basis for
national, regional, and international modal regulations, including the
IMDG Code, and the ICAO Technical Instructions. The revisions proposed
in the July NPRM cover classification of materials, hazard
communication, and packaging requirements.
The most noteworthy proposals in the July NPRM concerned the
transportation of batteries and battery-powered devices. Specifically,
the NPRM proposed enhanced packaging and hazardous communication
requirements consistent with international standards that address the
electrical hazards posed by batteries and battery-powered devices. In
the NPRM, we proposed the following amendments applicable to the
transportation of batteries and battery-powered devices:
Require reporting of incidents involving batteries and
battery-powered devices (devices include equipment) or vehicles.
Clarify the requirement that batteries, and battery-
powered devices and vehicles, be offered for transportation and
transported in a manner that prevents short-circuiting, dangerous
evolution of heat, damage to terminals, and, in the case of
transportation by aircraft, unintentional activation.
Clarify the requirements for determining whether a battery
is considered non-spillable. This included designation of a new section
outlining conditions for packaging and transport of batteries
determined to be non-spillable.
Require a certification on the shipping documentation that
batteries and battery-powered devices have met the conditions and all
requirements for transport as specified in the applicable exception or
special provision.
Eliminate the requirement to disconnect the terminals when
a battery-powered wheelchair or mobility aid is transported as checked
baggage, provided the wheelchair or mobility aid design provides an
effective means of preventing unintentional activation.
Clarify the requirements for transport of dry batteries
including a
[[Page 2201]]
revision of the proper shipping name used to describe dry batteries.
The measures proposed in the NPRM for batteries and battery-powered
devices were intended to harmonize the HMR with applicable
international standards. More importantly, the proposals to amend the
incident reporting requirements related to the transport of batteries
and battery-powered devices would enable the agency to acquire and
assess data on the causes of battery incidents in transportation. We
could then use that information to develop strategies to reduce the
associated risks.
Harmonization of domestic and international standards becomes
increasingly important as the volume of hazardous materials transported
in international commerce grows. Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States. By
facilitating compliance, harmonization enhances safety for
international movements, but only if the international standards
themselves provide an appropriate level of safety. To that end, PHMSA
actively participates in the development of international standards for
the transportation of hazardous materials, frequently advocating the
adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the HMR,
we review and consider each amendment on its own merit, including an
assessment of its overall impact on transportation safety and the
economic implications associated with its adoption into the HMR. Our
goal is to harmonize without diminishing the level of safety currently
provided by the HMR and without imposing undue burdens on the regulated
public.
To maintain alignment of the HMR with international requirements,
in this final rule, we are incorporating changes based on the Fifteenth
revised edition of the UN Recommendations, Amendment 34 to the IMDG
Code, and the 2009-2010 ICAO TI, all of which become effective January
1, 2009. We are also addressing petitions for rulemaking concerning
harmonization with international standards and additional measures to
facilitate international transportation.
The July NPRM incorporated two separate rulemaking dockets--HM-224D
addressing battery safety issues and HM-215J addressing more general
harmonization issues. The comment period for the proposed rule closed
on September 29, 2008. A total of 33 persons submitted comments in
response to the NPRM. Some of the comments we received were provided in
duplicate to both Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-
0005 (HM-215J). For reader utility, we have listed all comments
received in numerical order by the Document ID number assigned when
submitted, including those submitted in duplicate to each docket. The
following individuals, companies, and organizations submitted comments
to the Docket for HM-224D:
(1) Adrien Tusek (Tusek; PHMSA-2007-0065-0013);
(2) FedEx Express (FedEx; PHMSA-2007-0065-0016);
(3) National Air Carrier Association (NACA; PHMSA-2007-0065-0017);
(4) HMT Associates, LLC (HMT; PHMSA-2007-0065-0018);
(5) Robert Herman (Paralyzed Veterans of America) (PVA; PHMSA-2007-
0065-0020);
(6) Independent Pilots Association (IPA; PHMSA-2007-0065-0021);
(7) United Parcel Service (UPS; PHMSA-2007-0065-0019, 0022);
(8) Arkema, Inc. (Arkema; PHMSA-2007-0065-0023);
(9) Procter & Gamble Company (P & G; PHMSA-2007-0065-0024);
(10) Fedco Electronics, Inc. (Fedco; PHMSA-2007-0065-0025);
(11) U.S. Fuel Cell Council (FCC; PHMSA-2007-0065-0026);
(12) Joseph Schohn (Tyco International) (Tyco; PHMSA-2007-0065-
0027, 0034);
(13) Omni Air International (Omni; PHMSA-2007-0065-0029);
(14) URS Corporation (URS; PHMSA-2007-0065-0030, 0031);
(15) Air Line Pilots Association, International (ALPA; PHMSA-2007-
0065-0032); and
(16) Dangerous Goods Advisory Council (DGAC; PHMSA-2007-0065-0037).
The following individuals, companies and organizations submitted
comments to the Docket for HM-215J:
(1) Signal Administration, Inc. (Signal; PHMSA-2008-0005-0002);
(2) Omni Air International (Omni; PHMSA-2008-0005-0003);
(3) The Fertilizer Institute (TFI; PHMSA-2008-0005-0004);
(4) FedEx Express (FedEx; PHMSA-2008-0005-0005);
(5) HMT Associates, LLC (HMT; PHMSA-2008-0005-0006);
(6) Air Transport Association (ATA; PHMSA-2008-0005-0008);
(7) National Electrical Manufacturer's Association (NEMA; PHMSA-
2008-0005-0009);
(8) Chemical Products and Technology Division (American Chemistry
Council) (CPTD; PHMSA-2008-0005-0010);
(9) Lilliputian Systems, Inc. (Lilliputian; PHMSA-2008-0005-0011);
(10) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2008-0005-
0012);
(11) American Trucking Associations (American Trucking
Associations) (PHMSA-2008-0005-0013);
(12) The Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA; PHMSA-2008-0005-0014);
(13) Battery Council International (BCI; PHMSA-2008-0005-0015);
(14) Portable Rechargeable Battery Association (PRBA; PHMSA-2008-
0005-0017);
(15) International Vessel Operators Hazardous Materials
Association, Inc. (VOHMA; PHMSA-2008-0005-0018);
(16) URS Corporation (URS; PHMSA-2008-0005-0019);
(17) Deeds (Industrial Health & Safety Consultants, Inc.) (Deeds;
PHMSA-2008-0005-0020);
(18) Anderson Products, Inc. (API; PHMSA-2008-0005-0021);
(19) National Transportation Safety Board (NTSB; PHMSA-2008-0005-
0022); and
(20) Dangerous Goods Advisory Council (DGAC; PHMSA-2008-0005-0023).
Commenters were supportive of PHMSA's efforts to harmonize the HMR
with international standards. Many of the proposals in the NPRM are
fully supported by commenters, while others received little or no
comment; these amendments are adopted as proposed. Several comments
were beyond the scope of this rulemaking and are not addressed in this
final rule. Comments are addressed in more detail in the Section-by-
Section Review.
II. Overview
A. Amendments To Enhance the Safe Transportation of Batteries and
Battery-Powered Devices
The most noteworthy amendments in this final rule address the
transportation of batteries and battery-powered devices. Currently,
batteries and battery-powered devices are subject to a number of
requirements in the HMR. Most importantly, the HMR restrict the
transportation of electrical devices, including batteries and battery-
powered devices, that are likely to create sparks or generate a
dangerous amount of heat that could cause fire, smoke, or otherwise
adversely affect the packaging material or means of conveyance. These
batteries and battery-powered devices
[[Page 2202]]
are forbidden from transportation unless packaged in a manner that
prevents such an occurrence (Sec. 173.21(c)). Additionally, the
following types of batteries and devices powered by batteries are
subject to packaging and hazard communication requirements:
Wet (electric storage) batteries (Sec. 173.159);
Batteries containing sodium (Sec. 173.189);
Lithium cells and batteries (Sec. 173.185);
Solid potassium hydroxide batteries (Sec. 173.213); and
Battery-powered vehicles and equipment (Sec. 173.220).
These requirements primarily address the hazards posed by the
chemicals contained in the batteries as opposed to the stored
electrical energy. For instance, wet cell batteries are required to be
packaged in a manner to prevent leakage of the corrosive battery fluid
in the event of an accident. The electrical hazard of the battery is
addressed through general requirements to prevent short-circuiting, and
the general prohibition on transporting electrical devices without
proper protection and packaging (Sec. 173.21). However, the HMR
currently prescribe no separate or unique classification for
identifying materials that present a hazard in transport based on their
stored electrical energy. This final rule addresses the electrical
hazards posed by batteries and battery-powered devices by enhancing
packaging and hazard communication requirements.
A growing number of incidents involving batteries and battery-
powered devices transported by aircraft have highlighted the
transportation safety risks. Additionally, several factors are
contributing to a heightened concern for the future transport of these
devices, with particular attention to the risk onboard aircraft,
including: (1) The increasing number of batteries and battery-powered
portable and handheld devices (e.g., laptops, cellular phones, etc.)
carried by airline passengers and otherwise transported in commerce;
(2) the development and use of batteries with extended operating life
and greater stored energy; and (3) the increasing number of counterfeit
batteries in distribution and use. If not adequately protected from
damage, short circuiting or, for devices containing batteries,
inadvertent activation, batteries and battery-powered devices of all
types can create or cause sparks or a dangerous amount of heat for
extended periods, and in some cases, cause a fire. Cargo fires are a
significant hazard in all modes of transportation and can have
particularly catastrophic results in air transportation. If located
aboard an aircraft during flight, inadequately protected batteries and
battery-powered devices can pose a significant threat to the safety of
people, property, and the environment.
PHMSA and the Federal Aviation Administration (FAA) are aware of
more than 96 incidents involving batteries or battery-powered devices
in air transportation since 1996 that produced smoke, fire or a
dangerous amount of heat. These incidents have occurred either on board
an aircraft in cargo, checked, or carry-on baggage, or in ground
transport facilities associated with air transportation. Many of these
incidents involved shipments of batteries as cargo. The remainder
involved shipments of electrically powered vehicles, equipment, or
apparatus containing batteries. Since most batteries are excepted from
the incident reporting requirements in the HMR, it is likely there have
been additional incidents in all modes of transportation that were not
reported.
One major injury and several minor injuries were reported from
these incidents. In some cases, the property damage and business
interruption costs resulting from the incidents were significant. Most
incidents occurred or were discovered on the ground in air transport
facilities or vehicles. Three incidents occurred in flight on passenger
and cargo planes, resulting in emergency landings or flight plan
diversions.
In response to these incidents, PHMSA's predecessor agency (the
Research and Special Programs Administration) issued a public advisory
on July 7, 1999 (64 FR 36743), reminding the transportation industry
and public that batteries and electric devices that contain batteries
are forbidden for transport unless properly packaged to prevent the
creation of sparks or generation of a dangerous amount of heat (Sec.
173.21). The FAA issued safety advisories to the airline industry on
July 2, 1999, and again on May 23, 2002.
In addition, due to a series of incidents involving batteries
carried by airline passengers, PHMSA initiated a campaign to educate
the public about ways to reduce the risks posed in the transportation
of batteries and battery-powered devices. The campaign included
establishing a dedicated Web page for air travelers and developing a
battery safety guide that includes safety measures and tips for the
general public, for distribution at airports, in retail outlets, and
through electronic media. As part of our battery safety campaign, we
recommended various practical measures for complying with the
regulations and reducing transportation risks. Recommended practices
include keeping batteries installed in electronic devices; packing
spare batteries individually in carry-on baggage; keeping spare
batteries in their original retail packaging; separating batteries from
other metallic objects, such as keys, coins, and jewelry; securely
packing battery-powered devices in a manner to prevent accidental
activation; and ensuring batteries are undamaged and purchased from
reputable sources. On March 26, 2007, PHMSA issued a safety advisory
notice (72 FR 14167) to further inform the traveling public and airline
employees about the importance of properly packing and handling
batteries and battery-powered devices when they are carried on board an
aircraft.
We have also initiated a comprehensive strategy aimed at reducing
the risks posed by batteries and battery-powered devices in
transportation. On February 22, 2007; April 26, 2007; May 24-25 2007;
and April 11, 2008, PHMSA hosted meetings with public and private
sector stakeholders who share our concern for the safe transportation
of batteries and battery-powered devices. The meetings provided an
opportunity for representatives of the National Transportation Safety
Board (NTSB), the Consumer Product Safety Commission, manufacturers of
batteries and battery-powered devices, airlines, airline employee
organizations, testing laboratories, and the emergency response and law
enforcement communities to share and disseminate information about
battery-related risks and developments. Understanding these risks is
essential to promote improvements in industry standards and best
practices. Together we identified a series of immediate and longer-term
actions that participants are taking or will take to enhance safety,
including:
Comprehensive reporting and investigation of battery-
related incidents;
Improved battery, consumer product, and software design;
Development and implementation of a technical standards
agenda;
Consideration and implementation of improved regulatory
standards;
Focused enforcement; and
Development and implementation of a public outreach and
education campaign.
The requirements adopted in this final rule are an important
element of the safety strategy designed to address specific battery-
related hazards not
[[Page 2203]]
adequately addressed by existing HMR requirements.
In this final rule, we are adopting the following amendments to
enhance the safe transportation of batteries and battery-powered
devices:
Requirement to report incidents involving batteries and
battery-powered devices including those that result in a fire, violent
rupture, explosion, or dangerous evolution of heat. Immediate notice
requirements are limited to air transport of batteries and battery-
powered devices.
Clarification of the requirement that batteries and
battery-powered devices and vehicles be offered for transportation and
transported in a manner that prevents short-circuiting, the potential
of a dangerous evolution of heat, damage to terminals, and, in the case
of transportation by aircraft, unintentional activation.
Clarification of the requirements for determining whether
a battery is considered non-spillable. This clarification includes the
designation of a new section outlining conditions for packaging and
transport of batteries determined to be non-spillable.
Requirement for a shipper of batteries dry, sealed to
indicate compliance with applicable special provisions and exceptions
by marking each package with the words ``not restricted'' or, if a
transport document such as an air waybill accompanies a shipment, by
including the words ``not restricted'' on the document.
Elimination of the requirement to disconnect the terminals
when a battery-powered wheelchair or mobility aid is transported as
checked baggage, provided the wheelchair or mobility aid design
provides an effective means of preventing unintentional activation.
Clarification of the requirements for the transport of dry
batteries including a revision of the proper shipping name used to
describe dry batteries and a provision to limit the applicability of
transport requirements to a certain size of battery.
As indicated earlier, these amendments will harmonize the HMR with
international standards applicable to the transportation of batteries
and battery-powered devices, improve communication of the standards
pertaining to the transport of batteries and battery-powered devices to
facilitate safe transport of these materials especially by aircraft,
relieve burdens associated with compliance requirements, and provide
data and information to enable PHMSA to develop an understanding of the
causes of battery incidents in transportation and assist us in the
reduction of the associated risks.
Incident reporting. Most batteries are currently excepted from the
incident reporting requirements in the HMR. We believe it is likely
that numerous incidents involving batteries and battery-powered devices
in all modes of transportation are not reported. This under-reporting
has made it difficult to analyze the full body of incidents in
transportation and to assess the full extent of the hazards associated
with transporting batteries and battery-powered devices. In the July
NPRM, we proposed to require immediate (telephonic) notice in
accordance with Sec. 171.15 for all incidents involving shipments of
batteries or battery-powered devices that result in a fire, violent
rupture, explosion, or a dangerous evolution of heat. In addition, we
proposed to require submission of a written incident report in
accordance with Sec. 171.16 for battery related incidents, including
incidents involving battery shipments that are prepared and offered as
excepted from HMR requirements.
We received a number of comments [ALPA, American Trucking
Associations, COSTHA, NEMA, UPS, and VOHMA] supporting the proposal to
require written reports in accordance with Sec. 171.16 of the HMR for
incidents involving shipments of batteries or battery-powered devices
that result in a fire, violent rupture, explosion, or a dangerous
evolution of heat. We also received a number of comments [ALPA, COSTHA,
NEMA, VOHMA] supporting the proposal to require immediate (telephonic)
notice in accordance with Sec. 171.15. However, three commenters
[American Trucking Associations, DGAC, UPS] oppose our proposal to
require immediate notice of incidents involving shipments of batteries
and battery-powered devices as unwarranted and burdensome, especially
on carriers. DGAC does not believe, ``* * * a battery incident would
warrant [an emergency response] and therefore consider[s] reporting of
battery incidents to the NRC an unnecessary reporting burden.''
Additionally, commenters note it would be difficult to determine
whether batteries or battery-powered devices were involved and whether
they were the cause of the incident within the time constraints of
immediate reporting requirements. As indicated by the American Trucking
Associations, experience has shown that for trailer fires ``* * * it is
very difficult to determine the cause of the fire and carriers may not
even know that batteries were present until after the fire is
extinguished.'' UPS indicates ``* * * the new language will create
significant challenges for carriers.'' UPS also notes that
``[e]xperience demonstrates that there are occasions when fires occur
but the cause cannot be determined'' and ``many hours or even days may
be required to identify that the batteries were in the trailer.'' Both
commenters express concern that fire fighters may shift or remove
contents, thus complicating efforts to determine the cause of a fire.
The American Trucking Associations and VOHMA specifically recommend
that immediate notice should apply to air transportation only.
Given the recent incidents involving batteries and battery-powered
devices, we believe incident reporting will provide the data to enable
us to identify the causes of battery incidents and determine whether
additional measures would improve safe transport and help prevent
future incidents. However, we agree with the commenters that immediate
telephonic reporting of incidents that occur during ground
transportation may not be necessary for this purpose. A written report
of the incident submitted in accordance with Sec. 171.16 should
provide sufficient information for us to identify and assess incident
causes without imposing an undue burden on carriers. Since most of the
anecdotal information about battery incidents is associated with
aircraft incidents and because of the inherent safety hazards of air
transport, we continue to believe that air carriers should be required
to provide immediate notice of battery related incidents. Therefore, in
this final rule, we are adopting the amendment to Sec. 171.15 to
include a requirement for immediate notice of incidents involving
shipments of batteries or battery-powered devices transported by
aircraft resulting in a fire, violent rupture, explosion, or dangerous
evolution of heat. Because this change from the incident reporting
provisions proposed in the NPRM will revise the estimated reporting
burden, we are re-calculating the information collection pertaining to
incident reporting and will submit a revised package to the Office of
Management and Budget (OMB). A separate Federal Register notice will be
published pending OMB review (see discussion under ``Paperwork
Reduction Act'').
One of the reporting criteria proposed in the NPRM was for an
incident involving a ``dangerous evolution of heat.'' Several
commenters [American Trucking Associations, COSTHA, FedEx, UPS, VOHMA]
express concern that the criterion is vague and open to interpretation.
The commenters request that we clarify the meaning of a
[[Page 2204]]
``dangerous evolution of heat'' or remove the condition altogether in
order to relieve any potential ambiguity from the incident reporting
requirements for the shipment of batteries or battery-powered devices.
As FedEx states, ``this [term] is subjective and certainly requires
further review or additional clarification.'' We continue to believe
that a requirement to report incidents involving a ``dangerous
evolution of heat'' will assist us to evaluate the potential fire risks
associated with the transportation of batteries and battery-powered
devices. However, we agree that clarification would be helpful. VOHMA
suggests that the reporting requirement should be triggered by visible
evidence of an amount of heat sufficient to be dangerous to packaging
or personal safety to include ``* * * charring of packaging, melting of
packaging, scorching of packaging, or other evidence.'' We agree and
are adding this clarification to the reporting requirements.
Battery safety. In this final rule, we are adopting a number of
revisions to clarify that batteries of all types and battery-powered
devices, equipment, and vehicles must be packaged for transportation in
a manner that prevents short-circuiting, damage to terminals, the
potential of a dangerous evolution of heat, and, for transportation by
aircraft, unintentional activation. We are including several examples
of packaging methods that may meet this performance standard, including
packaging each battery or each battery-powered device in fully enclosed
inner packagings made of non-conductive material, and separating
batteries and battery-powered devices in a manner to prevent contact
with other batteries, devices or conductive materials (e.g., metal) in
the packagings. Batteries designed with exposed terminals or connectors
should have the exposed terminals or connectors protected with non-
conductive caps. We have included language in Sec. Sec. 171.15,
171.16, 172.102 Special Provision 130, 173.21, 173.159, 173.220, and
175.10 to further clarify these requirements.
The HMR include a number of provisions applicable to batteries
installed in vehicles, machinery, or other types of equipment. Section
173.220 establishes transportation requirements for internal combustion
engines, self-propelled vehicles, mechanical equipment containing
internal combustion engines, and battery powered vehicles or equipment.
Generally, this section excepts battery-powered vehicles, machinery,
and equipment from the HMR, provided they meet certain minimal
requirements. We are aware of several incidents resulting in a
dangerous evolution of heat initiated by batteries of this design which
have been inadequately protected. In this final rule, we are adopting
an amendment to require battery-powered vehicles, machinery, and
equipment, including battery-powered wheelchairs and mobility aids, to
conform to the new requirements in Sec. 173.159, paragraphs (a) and
(b), including requirements for protecting terminals and preventing
short-circuiting and unintentional activation. In addition, we are
clarifying that battery-powered vehicles, machinery, and equipment are
forbidden to be transported unless packaged in a manner preventing the
creation of sparks, a dangerous amount of heat and, in air
transportation, unintentional activation.
Non-spillable batteries. Section 173.159 establishes requirements
for the transportation of wet batteries, including non-spillable
batteries. If certain conditions are met, non-spillable batteries are
excepted from the HMR. Non-spillable batteries meeting additional
requirements are excepted from all other requirements of the HMR.
Unless all of the conditions specified in Sec. 173.159(d) are met, a
non-spillable battery is fully subject to the HMR as a wet electric
storage battery. International regulations outline the conditions under
which a battery is considered non-spillable and provide packaging
requirements specific to non-spillable batteries. In this final rule,
we are describing in Sec. 173.159(f) the conditions under which a
battery is considered non-spillable and relocating the exceptions
pertaining to non-spillable batteries to a new Sec. 173.159a.
Consistent with international requirements, we are specifying that
batteries are considered ``non-spillable'' when they are capable of
passing a vibration test and a pressure differential test without
leakage. We are also adopting the requirement that non-spillable
batteries must be packaged in strong outer packaging and securely
fastened in the battery holder or the equipment when the battery is an
integral part of the operation of mechanical or electronic equipment.
In addition, we are specifying that, except for the incident reporting
requirements of Sec. Sec. 171.15 and 171.16, non-spillable batteries
are not subject to the requirements of the HMR if they meet the
following additional conditions:
At a temperature of 55 [deg]C (131 [deg]F), the battery
does not contain any unabsorbed free-flowing liquid, and is designed so
that electrolyte will not flow from a ruptured or cracked case;
The battery is protected against short-circuiting and
securely packaged in strong outer packaging;
The battery is marked ``NONSPILLABLE'' or ``NONSPILLABLE
BATTERY''; and
For transportation by aircraft:
The battery must meet the provisions of Sec.
173.159(b)(2).
One commenter [Tyco] expresses concern regarding shipments of non-
spillable batteries that otherwise appear to meet the requirements for
transport of non-spillable batteries (see Sec. 173.159a), but leak
after being damaged during transportation. The commenter states that it
conducted an internal investigation, which involved test samples of all
non-spillable batteries it utilizes, to determine if those batteries
met the criteria of a ``non-spillable'' battery because they leaked and
contained free liquids. According to the commenter, a number of the
tested batteries exhibited observable leakage, although the
manufacturers and distributors of the batteries had provided
certification and laboratory results showing no failures. Based on this
information, the commenter recommends that PHMSA clarify any ambiguity
surrounding the methodology used to determine whether a battery is
``non-spillable'' to improve safety during the transportation of these
materials. Specifically, the commenter requests PHMSA identify a
testing protocol to determine whether a battery is designed so that
electrolyte will not flow from a ruptured or cracked case.
We commend the efforts of the commenter and appreciate the
information provided in its comments. However, the recommendation
provided by the commenter is outside the scope of this rulemaking as
revisions to the criteria for determination of a non-spillable battery
were not proposed in the NPRM. We will consider this information as
part of our comprehensive strategy aimed at reducing the risks posed by
batteries and battery-powered devices in transportation.
We received two comments [BCI, PRBA] expressing disappointment that
PHMSA did not consider provisions for shipments of non-spillable
batteries transported for recycling or disposal. The commenters
indicate that ``* * * it is almost impossible for shippers of used
batteries to know if nonspillable batteries have been subject to the
required vibration, pressure differential, and `crack test' at 55
[deg]C (131 [deg]F) or marked NONSPILLABLE or NONSPILLABLE BATTERY * *
*'' Both commenters request that PHMSA include a new paragraph in Sec.
173.159
[[Page 2205]]
which would provide relief from these tests for batteries transported
for disposal or recycling. The request by the commenters is beyond the
scope of this rulemaking. We did not propose the addition of a new
paragraph which provides relief from non-spillable test requirements
for shipments of non-spillable batteries intended for recycling or
disposal. However, we will review the merits of this request and
consider it for a future rulemaking.
One commenter [BCI] requests that PHMSA remove the reference to
``batteries manufactured after September 30, 1995'' in the new Sec.
173.159a for exceptions for non-spillable batteries. BCI notes that ``*
* * it is safe to assume that all nonspillable batteries being shipped
today and in the future are manufactured after this date * * *'' We
agree and in this final rule, we are removing the phrase ``batteries
manufactured after September 30, 1995'' from the new Sec. 173.159a.
Battery-powered wheelchairs or other mobility aids. Section 175.10
establishes exceptions for passengers, crewmembers, and air operators.
Currently, the HMR permit a wheelchair or other battery-powered
mobility aid to be carried on board a passenger aircraft as checked
baggage provided that (1) visual inspection, including removal of the
battery if necessary, reveals no obvious defects; (2) the battery is
disconnected and terminals are insulated to prevent short-circuiting;
and (3) the battery is securely attached to the wheelchair or mobility
aid or removed and separately packaged. We are concerned, however, that
repeated handling of the battery in a wheelchair or other mobility aid
could result in damage or other problems that could compromise safety.
Moreover, the design batteries and their housing have significantly
improved in recent years. Therefore, in the NPRM, we proposed to revise
Sec. 175.10(a)(15) to eliminate the requirement to disconnect the
terminals when a battery-powered wheelchair or other mobility aid is
transported as checked baggage provided the device provides an
effective means of preventing unintentional activation. Battery
terminals must continue to be protected from short-circuiting, but such
protection is inherent in the design of most wheelchairs and mobility
aids.
Three commenters [ALPA, Omni, PVA] support PHMSA's proposal to
eliminate the current requirement to disconnect the terminals when a
battery-powered wheelchair or other mobility aid is transported as
checked baggage provided the wheelchair or mobility aid has an
effective means of preventing unintentional activation. ALPA states,
``* * * [w]e believe this provides an equivalent level of safety and
will prevent inadvertent damage to wheelchairs by airline personnel,
which could lead to a battery incident.'' However, one commenter
[Tusek] expresses concern regarding the proposal to disconnect the
battery if the wheelchair or mobility aid design does not provide an
effective means of preventing unintentional activation. The commenter
is concerned that such a requirement can be satisfied by merely
unplugging a cable from a control unit rather than disconnecting the
battery at the terminal(s). The commenter notes that the cable is still
``live'' and susceptible to ``arcing'' (short-circuiting) if the cable
remains attached to the battery. The commenter provides information
about an incident involving a wheelchair to illustrate the risk
associated with unplugging a wheelchair but allowing the cable or
wiring to remain connected to a battery.
We acknowledge the concerns of the commenter and believe that
additional clarification is warranted. Our review indicates that the
referenced incident could have been prevented by thorough visual
inspection, proper handling, and proper insulation of the terminals.
Additionally, we note that the intent of the provision to disconnect
the battery is to disconnect the battery at the terminals (and insulate
the terminals to prevent short circuits). Unplugging a cable and
leaving it connected to the terminal(s) does not satisfy the
requirement to disconnect the battery and insulate the terminals.
However, requiring the disconnection of batteries at the terminal
results in repeated handling of the battery and increases the potential
of damage or other problems that could compromise safety. Our intent is
to diminish this potential by allowing the battery to remain connected
to the wheelchair or mobility aid if the design provides an effective
means of preventing unintentional activation. Therefore, in this final
rule, we are adopting the requirements as proposed, and including
additional language in the regulatory text in Sec. 175.10(a)(15) to
clarify that when the battery is disconnected, the battery terminals
must also be protected to prevent short circuits.
Waybill notation. In the July NPRM, we proposed to require a
notation to be included on the air waybill accompanying a shipment to
indicate that batteries and battery-powered devices have met all
conditions and requirements for transport as specified in the HMR
without further restriction. A number of commenters [ALPA, American
Trucking Associations, BCI, COSTHA, DGAC, Fedco, FedEx, NEMA, Omni,
PRBA, UPS, URS] addressed the proposed notation. Most commenters oppose
the proposal based on current air carrier practice, inconsistency with
the ICAO TI, and concern that air waybills are not required shipping
documents under the HMR.
Commenters oppose the certification provisions because the HMR do
not specifically require an air waybill. As COSTHA notes, ``* * * [u]se
of an air waybill is not mandated by the HMR and there are few if any
references to an air waybill.'' Additionally, UPS points out that
``[t]his commercial document, used by many air carriers as a contract
of carriage, does not really have any status in the HMR * * *''
Commenters state that the language as written suggests that the
required words ``not restricted'' must appear on an air waybill, in
effect, requiring shipments to be accompanied by an air waybill. Other
commenters stress that the language as proposed in the NPRM is not
consistent with ICAO TI requirements, which require the words ``not
restricted'' when an air waybill is issued. PRBA asserts that ``* * *
PHMSA should clarify that this requirement only applies when an air
waybill is issued * * *'' Two commenters [COSTHA, Omni] suggest that it
would be more appropriate to revise the language to require
confirmation of compliance on an accompanying air waybill or other
document. COSTHA specifically suggests using language similar to
language provided in new section Sec. 173.4a(h)(1), ``* * * if a
document such as an air waybill accompanies a shipment * * *.''
Commenters are also concerned about implementation of such a hazard
communication requirement. Some indicate an inequitable burden on
carriers, especially non-air transport modal carriers. The American
Trucking Associations indicates, ``* * * if a shipper of batteries
fails to indicate this statement on an air waybill used as a shipping
paper, it is extremely unlikely that a motor carrier will be able to
identify the deficiency * * *'' UPS urges PHMSA to proceed carefully
with new documentation requirements and states, ``PHMSA should not
expect carrier personnel routinely to seek information related to
hazardous materials on a document other than a hazardous materials
shipping paper, particularly when the package does not otherwise
require special handling * * *.'' Commenters also note that use of an
air waybill is not standard across the air carrier industry, and that
carriers and industry are becoming more
[[Page 2206]]
automated and moving towards a paperless system for shipments.
According to UPS, ``Millions of air shipments, including those in the
UPS small package service, move every day without an accompanying air
waybill. The vast majority of such small package service shipments are
transported with an address label affixed to the package * * * PHMSA's
proposal depends on the unfounded assumption that an air waybill will
be generated for every air shipment * * *.'' FedEx adds, ``We estimate
that well over 50% of shipments offered to FedEx Express do not have a
paper air waybill.''
Two commenters [NACA, Omni] note that in many cases the carrier or
freight forwarder prepares the air waybill and disagree with PHMSA's
premise that including the words ``not restricted'' on an air waybill
allows a carrier or freight forwarder to verify that the shipper has
complied with applicable requirements. According to Omni, ``* *
*[w]here the consignor tenders a material or article to an aircraft
operator or freight forwarder and the operator's or freight forwarder's
agent prepares the air waybill, the stated intent of the PHMSA may not
be satisfied.'' Omni suggests PHMSA require the confirmation of
compliance on the accompanying air waybill or other transport document
to permit the endorsement in a form other than the air waybill prepared
by the operator or freight forwarder. NACA suggests requiring the
shipper to submit written verification that the shipment is determined
to be ``not restricted'' or requiring the shipper endorsement of an air
waybill prepared by a carrier or the freight forwarder.
Recent incidents involving batteries and battery-powered devices
suggest that shippers may not be aware of all the HMR requirements
applicable to shipments of these items. Moreover, the lack of a
declaration or some other type of shipment identification accompanying
these shipments to air carriers may result in unsafe handling during
transportation. We believe that a requirement to indicate on a shipping
document or other media that the shipment conforms to all applicable
requirements will enhance safety through increased awareness on the
part of both shippers and carriers.
It was not our intent to specifically require the use of an air
waybill to communicate conformance. We agree with commenters that
recommend consistency with ICAO TI requirements to include the words
``not restricted'' when an air waybill is issued. However, in light of
comments submitted indicating that not all shipments are accompanied by
an air waybill, limiting the requirement to ``when an air waybill is
issued'' does not satisfy the intent of communicating conformance with
the HMR. Therefore, as suggested by COSTHA, we are revising the
language to be similar to the ``excepted quantities'' documentation
requirements to specify that ``if a document such as an air waybill
accompanies a shipment, the words `not restricted' must be provided on
the document.'' The documentation we refer to is some form of transport
documentation prepared to accompany the shipment. To assist the
communication process, we recommend including the words ``not
restricted'' on the top page of a multiple page document in a manner
clearly distinguishing the required words from other text. In addition,
to reduce the paperwork burden that may result from this requirement,
in this final rule, we are adopting an alternative means of
communicating conformance. Specifically, a shipper may elect to mark
each package containing batteries or battery-powered devices with the
words ``not restricted'' in lieu of placing the words on a transport
document accompanying the shipment. Finally, in response to commenters'
concerns that this amendment will impose additional documentation-
related burdens, we are recalculating the related information
collection pertaining to shipping papers and will submit a revised
package to OMB. A separate Federal Register notice will be published
pending OMB review (See discussion under ``Paperwork Reduction Act'').
Note that the requirement to include the notation ``not
restricted'' on an air waybill, shipping document, or as a package
marking applies to cargo shipments of dry, sealed batteries that are
greater than 9 volts. Other types of batteries, including lithium
batteries and non-spillable batteries, are already subject to hazard
communication requirements in the form of shipping documentation and/or
package markings and labels.
We are not adopting our proposal for an air waybill certification
requirement for other types of hazardous materials shipments. See the
discussion later in this preamble.
Conforming amendments. In the July NPRM, we proposed a number of
conforming amendments to ensure that batteries are transported in
accordance with the proposed requirements in Sec. 173.159. For
example, Sec. 173.21 currently prohibits the transportation of
electrical devices unless packaged to prevent the creation of sparks or
generation of a dangerous amount of heat. In the NPRM, we proposed to
revise this paragraph to clarify that the term ``electrical devices''
includes ``batteries'' and ``battery-powered devices.'' We also
proposed to revise Special Provision 130 to specify that ``Batteries,
dry, sealed, n.o.s.'' are not subject to the requirements of the HMR
except those pertaining to incident reporting, short circuit
protection, damage to terminals, prevention of the potential of a
dangerous evolution of heat, and when transported by aircraft,
unintentional activation and an indication on the air waybill that all
conditions for transport have been met (Special Provision 130). In
addition to the proposed amendments, in this final rule, we are adding
clarifying language that the requirements in Special Provision 130 for
dry batteries transported by air only apply to shipments of batteries
whose voltage (electrical potential) exceeds 9 volts.
We received a number of comments [BCI, NEMA, Omni, PRBA,UPS, URS]
generally supporting our efforts to clarify requirements for preventing
short circuits and inadvertent activation as well as our proposal to
include examples of packaging methods to meet performance standards.
However, several commenters [NEMA, PRBA, URS] oppose the current
structure of the regulatory text outlining examples of packaging
methods to prevent short circuits for batteries excepted under Sec.
172.102, Special Provision 130. Specifically, commenters are concerned
with the examples we provided to package each battery when practicable
in fully enclosed inner packagings or separating the batteries in a
manner to prevent contact with other batteries, devices or conductive
materials. The commenters are also concerned that this language would
disallow the current practice of retail packaging commonly referred to
as ``blister packs'' and volume packaging of batteries. Commenters note
that during volume packaging of batteries, batteries are packaged in
such a manner that the metal sides or jackets of the batteries contact
one another, but are positioned and packaged so that there is no
terminal-to-terminal contact or terminal-to-metal contact, and there is
no shifting of the contents to allow such contact.
We agree with the commenters that clarification of the proposed
language may be warranted. The intent of including the examples of
methods to protect from short circuits is to assist shippers to
identify specific methods of achieving the standard. As UPS notes
``[t]he inclusion of these examples will lead to better understanding
of the specific steps required to prevent incidents in
transportation.'' Our intent is not to prohibit a method of packaging
[[Page 2207]]
that has a track record of safe transport. Indeed, we have issued
previous interpretive guidance indicating that battery-to-battery
contact is not prohibited provided there is no contact between battery
terminals, battery terminals and conductive material, or shifting that
would allow such contact. Therefore, in this final rule, we are
revising the proposed language in Sec. Sec. 172.102, Special Provision
130 and 173.159 to clarify the requirements.
One commenter [Omni] expresses concern that FAA requirements in 14
CFR Part 382 no longer align with the requirements in Parts 171 through
175 because of proposed revisions to Sec. Sec. 173.159 and 175.10.
Omni encourages agencies within DOT to coordinate efforts to ensure
requirements from the respective agencies align. We agree that
alignment within the agencies is necessary; however, we are not aware
of any conflict.
One commenter [BCI] indicates that we did not clearly state the
numerous ways protection against short circuits and generating a
dangerous quantity of heat can be achieved. BCI points out that ``* *
*certain batteries are designed in such a way to prevent short
circuits, and thus need not be subject to additional packaging
requirements. (Examples include, but are not limited to, recessed
battery terminals.)* * *'' BCI recommends that PHMSA incorporate design
considerations into the transport requirements for batteries or
battery-powered devices. We agree. The requirements are not intended to
regulate the design of these materials but allow for designs that
conform to the requirements. For instance, the requirements allow for
compliance with the requirement to protect against damage to terminals
through design implementation such as recessed battery terminals.
In the July NPRM, we also proposed to amend certain entries in the
Hazardous Materials Table (HMT) in Sec. 172.101. Currently, under the
HMR, dry batteries are not subject to incident reporting or measures to
prevent unintentional activation until a dangerous amount of heat has
developed. As indicated above, in this final rule, we are extending the
requirements for incident reporting and enhanced packaging to cover all
batteries and battery-powered devices. Therefore, we are removing the
entry ``Batteries, dry, not subject to the requirements of this
subchapter'' and adding a new entry, ``Batteries, dry, sealed, n.o.s.''
to the HMT.
It should be noted that shippers must distinguish between the
proper shipping name ``Batteries, dry, sealed, n.o.s.,'' and the
existing proper shipping name ``Batteries, wet, non-spillable, electric
storage.'' Batteries described as ``Batteries, wet, non-spillable,
electric storage'' have metallic lead and lead oxide electrodes and
sulfuric acid electrolytes just like regular ``wet'' batteries, but the
acid is either gelled with silica or absorbed in a mat of micro-glass
fibers. These batteries are not truly ``sealed'' (non-spillable) but
are ``valve regulated'' (they are technically termed ``valve-regulated
lead-acid'' or ``VRLA''). The resealable valves prevent the entrance of
oxygen from the outside air, but release excess hydrogen and oxygen
formed during overcharging. These types of batteries are generally used
for 12-volt vehicular starting applications and uninterruptible power
supply applications.
Batteries described under the new proper shipping name ``Batteries,
dry, sealed, n.o.s'' are hermetically sealed and generally utilize
other metals and/or carbon as electrodes. These batteries are typically
used for portable power applications. The rechargeable (and some
nonrechargeable) types have gelled alkaline electrolytes (rather than
acidic) making it difficult for them to generate hydrogen or oxygen
when overcharged.
The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' is being revised by adding to column (7) a reference
to new Special Provision 237. The new special provision specifies that
``Batteries, dry, containing potassium hydroxide solid, electric
storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a), (b), and (c), and for transportation
by aircraft, Sec. 173.159(b)(2). The entry ``Batteries, wet, non-
spillable, electric storage'' is revised by adding to column (8A), a
reference to new Sec. 173.159a.
Section 173.189 establishes transportation requirements for
batteries containing sodium or cells containing sodium. In the NPRM, we
proposed to revise paragraph (e) to specify that vehicles, machinery
and equipment powered by sodium batteries must be consigned under the
entry ``Battery-powered vehicle or Battery-powered equipment.'' This
amendment is being adopted as proposed.
Section 176.84 contains additional stowage and segregation
requirements for hazardous materials on cargo and passenger vessels. In
this final rule, in order to align the HMR with the IMDG Code, a new
vessel stowage code ``146'' is added to the Sec. 176.84(b) table to
specify that, ``Category B stowage applies for unit loads in open cargo
transport units.'' The new vessel stowage code ``146'' is assigned to
``Batteries, wet, filled with acid, electric storage,'' UN2794 and
``Batteries, wet, filled with alkali, electric storage,'' UN2795 in
column (10B) of the HMT.
Lithium batteries. Except for incident reporting requirements, the
July NPRM did not propose any amendments pertaining to the
transportation of lithium batteries. PHMSA is continuing to evaluate
and reduce lithium battery risks through targeted enforcement;
inspections and testing, including root cause investigation of all
incidents; public outreach; and other non-regulatory initiatives.
Three commenters [ALPA, Fedco, Omni] express disappointment that
PHMSA is not proposing any amendments pertaining to the transportation
of lithium batteries. One commenter [Fedco] is, ``appalled to find * *
* Amendments to the HMR pertaining to lithium batteries based on the
Fifteenth revised edition of the UN Recommendations are not being
proposed in this rulemaking.'' Fedco notes the burden this places on
its company by requiring ``extreme diligence'' when shipping lithium
cells and batteries because of the dual shipping and packaging
requirements and strongly urges PHMSA to fully harmonize with the UN
Recommendations. Omni also expresses concern but requests that, ``* * *
at a minimum, the PHMSA incorporate in to Sec. 172.101 the three new
lithium ion battery proper shipping names and the three replacement
lithium metal battery proper shipping names that come into effect
internationally * * *'' as of January 1, 2009. An additional commenter
[NEMA] requests clarification of the weight limitations for packages of
small lithium cell and batteries.
We appreciate the concerns expressed by shippers about the
challenges involved with complying with differing regulatory standards
and requirements. However, it should be noted that because the HMR
permit compliance with ICAO requirements for air shipments, the new
proper shipping names may be used for air transportation, both
domestically and internationally, and for transportation by motor
vehicle and rail immediately before or after being transported by
aircraft. Further, as stated in the NPRM, we plan to complete an
assessment of the costs and benefits of further restrictions and
available alternatives before developing additional lithium battery
rulemaking proposals. Therefore, except for incident reporting
[[Page 2208]]
requirements and some clarifying language for protection against short
circuits, this final rule does not adopt amendments pertaining to the
transportation of lithium batteries. In the meantime, we will continue
to monitor and evaluate the safety performance of lithium batteries in
transportation, identify and target counterfeit and other non-
conforming batteries, and encourage the development and introduction of
safer battery designs.
B. Additional Amendments Adopted in This Final Rule
In addition to the battery-related amendments detailed above, in
this final rule, we are adopting the following amendments to harmonize
the HMR with the most recent revisions to the UN Recommendations, ICAO
TI, and IMDG Code:
Hazardous Materials Table (HMT): Amendments to the Sec.
172.101 HMT to add, revise, or remove certain proper shipping names,
hazard classes, packing groups, special provisions, packaging
authorizations, bulk packaging requirements, passenger and cargo
aircraft maximum quantity limitations and vessels stowage provisions.
Additionally, we are revising several entries in the HMT to correct
typographical errors.
Fuel Cells: Amendments to the HMT to add four new proper
shipping names to describe the range of fuel used in fuel cell
cartridges: (1) Corrosive substances (UN3477); (2) liquefied flammable
gas (UN3478); (3) hydrogen in metal hydride (UN3479); and (4) water-
reactive substances (UN3476). In addition, we are adopting amendments
to expand the types of fuel cell cartridges permitted in carry-on
baggage to include water-reactive substances and hydrogen in a metal
hydride. Amendments to Sec. 173.230 provide packaging requirements for
fuel cells and, except for transportation by aircraft, limited quantity
exceptions for the various types of fuel cell cartridges specified
above.
Small Quantity Exceptions: Amendments maintaining current
allowances for small quantities of Division 2.2, Class 3, Division 4.1,
Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division
5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9
materials transported by highway and rail and adopting the UN and ICAO
excepted quantity provisions for transportation by aircraft or vessel.
Incident Reporting: Amendments to provisions that except
certain hazardous materials or commodities from the requirements of the
HMR, including incident reporting requirements. The HMR contain
overriding provisions in Sec. Sec. 171.15 and 171.16 requiring notice
of specific types of incidents to the National Response Center (NRC)
and submission of a Hazardous Materials Incident Report, DOT Form F
5800.1, when in possession of a hazardous material at the time of an
incident. The NRC relies on notices to gather and distribute spill data
to emergency responders, and the DOT hazardous materials transportation
safety program relies on DOT Form F 5800.1 to gather basic information
on incidents that occur during transportation. We proposed to amend
several provisions to emphasize the need to provide notice to the NRC
and to address the need to obtain more accurate and complete data on
incidents. Based on our review of comments regarding the proposed air
waybill requirements for ``not restricted'' materials and based on past
history of safe transportation of these excepted materials, in this
final rule, we are not adopting the incident reporting requirement as
proposed for those materials excepted in Sec. Sec. 173.162, 173.164,
173.166, 173.186, 173.306, and 173.307. However, we are adopting our
proposals to revise the exceptions and Special provisions applicable to
batteries to include incident reporting requirements because there is a
greater need to collect data as is discussed in the above Section A. We
will continue to review the merits of the proposal and may reconsider
the proposed amendments for a future rulemaking.
Organic Peroxide Tables: Amendments to the Organic
Peroxide Tables to add, revise, or remove certain hazardous materials
and provisions.
Incorporation by Reference: Amendments to incorporate by
reference the updated ICAO TI, IMDG Code, TDG, UN Recommendations, and
the addition of two new International Organization for Standardization
(ISO) standards.
Petitions for Rulemaking: In this final rule, we are
addressing several petitions for rulemaking: P-1490, requesting PHMSA
to remove the requirement that the type of package must be included on
the notification of pilot-in-command; P-1494, requesting PHMSA to
specify that pictograms described in the UN Globally Harmonized System
of Classification and Labelling of Chemicals (GHS) are not prohibited
under the HMR; P-1505, requesting PHMSA to include a new proper
shipping name ``Powder, smokeless,'' UN0509, to the HMT and to include
the new entry among the explosives assigned Packaging Instruction
114(b) in 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 classed
as such for domestic or international transportation (see paragraph 4
of the introduction to Appendix B of Sec. 172.101). The new
classification system adopted in the IMDG Code is complicated, and the
associated criteria for classifying mixtures containing marine
pollutants would involve an additional layer of complexity without a
corresponding public benefit. Therefore, in the NPRM, we did not
propose to adopt the new IMDG Code environmental classification system.
Instead, we proposed to maintain the current regulatory approach to
facilitate transportation without mandating use of the new GHS-based
criteria. We also proposed to adopt a new marking for marine pollutants
consistent with the marking adopted within the IMDG Code. These
amendments are being adopted as proposed. These actions will provide
the greatest possible harmonization with international requirements
without imposing an undue burden on industry. This amendment is also
consistent with a Petition for Rulemaking (P-1516) filed by DGAC. DGAC
requested that for domestic transportation the marine pollutant list be
maintained as the basis for regulating substances hazardous to the
environment while permitting a substance meeting the new IMDG Code
criteria to be transported as a substance hazardous to the aquatic
environment. DGAC also recommended that the current 10 percent rule for
classifying mixtures containing marine pollutants be used while
allowing compliance with the mixture calculation in the IMDG Code.
Though we did not propose to implement a 10 percent rule for marine
pollutants irrespective of whether they are identified as a severe
marine pollutant, we requested comments on that recommendation. In
particular, we
[[Page 2209]]
were interested in the environmental impacts of such a change and its
effect on human health and the environment. We invited comments on the
practical consequences of the differing approaches, for instance, in
the event of release of such substances into aquatic resources and
drinking water. We did not receive any comments specifically addressing
the release of substances into aquatic resources and drinking water.
However, comments pertaining to the proposal to maintain the current
regulatory approach to facilitate transportation without mandating use
of the new GHS-based criteria are discussed under the section entitled
``Appendix B to Sec. 172.101'' in this rulemaking.
C. Amendments Not Being Adopted in This Final Rule
This final rule makes changes to the HMR based on amendments to the
Fifteenth revised edition of the UN Recommendations, Amendment 34 to
the IMDG Code, and the 2009-2010 ICAO TI, which become effective
January 1, 2009. However, we are not adopting all of the amendments to
those documents into the HMR. In many cases, amendments to the
international recommendations and regulations have not been adopted
because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. If we have inadvertently
omitted a proposed amendment in the NPRM, we will attempt to include
the omission in this final rule. However, our ability to make changes
in a final rule is limited by requirements of the Administrative
Procedure Act (5 U.S.C. 553). In some instances, we can adopt a
provision inadvertently omitted in the NPRM if it is clearly within the
scope of changes proposed in the notice, does not require substantive
changes from the international standard on which it is based, and
imposes minimal or no cost impacts on persons subject to the
requirement. Otherwise, in order to provide opportunity for notice and
comment, the change must be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international
regulations, but rather to remove or avoid potential barriers to
international transportation.
Below is a listing of significant amendments to the international
regulations that we are not adopting in this final rule with a brief
explanation of why the amendment was not included:
Requirements for Hazardous Materials Security. The UN and
ICAO have adopted minimal requirements pertaining to hazardous
materials security. On March 25, 2003, we published a final rule to
enhance the security of hazardous materials transported in commerce (68
FR 14510). Pursuant to that final rule, shippers and carriers of
certain highly hazardous materials are required to develop and
implement security plans. In addition, all shippers and carriers of
hazardous materials are required to include a security component. The
security plan requirements apply to shipments of hazardous materials
that must be placarded and to select agents. In a separate rulemaking
[PHMSA-06-25885 (HM-232F); 73 FR 52558, September 9, 2008] we proposed
revisions to the list of materials for which security plans are
required to ensure that the requirements apply only to those materials
that pose a true security risk in transportation. We expect to publish
a final rule in the spring of 2009.
Requirements for Radioactive Materials. We are not
adopting provisions pertaining to the transportation of Class 7
(radioactive) materials. Amendments to requirements pertaining to the
transportation of Class 7 (radioactive) materials are based on changes
contained in the International Atomic Energy Agency (IAEA) publication,
``IAEA Safety Standards: Regulations for the Safe Transport of
Radioactive Materials.'' Due to their complexity, these changes are
being addressed in a separate rulemaking under Docket HM-250.
Requirements for Infectious Substances. The UN and ICAO
have adopted minimal standards applicable to the transportation of
human remains and animal carcasses as to which there is minimal
likelihood that pathogens are present. For purposes of the HMR, such
specimens are not considered hazardous, and their transportation is not
subject to the HMR. These specimens are currently regulated by the Food
and Drug Administration of the U.S. Department of Health and Human
Services, the U.S. Department of Agriculture, and State and local
authorities. Therefore, we are not adopting the new international
provisions into the HMR.
Requirement for Definition of ``Target'' for Use During
Packaging Testing. Amendments to the HMR pertaining to the definition
of a ``target'' for a drop test performed on non-bulk packagings are
not being adopted in this rulemaking. The UN Recommendations amended
the description to specify that the surface of a target must be
immovable, free of defects, rigid, and large enough to ensure that the
test package falls entirely upon the surface. We believe the current
provisions in the HMR pertaining to the drop test method for non-bulk
packagings adequately address this issue.
Requirement for Vibration Test for All Intermediate Bulk
Containers (IBCs). Amendments to the HMR pertaining to the test method
and duration of a vibration test for IBCs are not being adopted in this
rulemaking. PHMSA successfully helped to introduce to the UN
Recommendations a vibration test requirement for IBCs that would both
enhance safety and help to establish a more equivalent testing protocol
for manufacturers of IBCs worldwide. However, the vibration test
adopted by the UN may be conducted as a ``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 amending the
vibration test requirements currently in the HMR.
Requirement for Bromine (UN1744). In the most current
edition of the UN Recommendations, a packing instruction and a special
packing provision for ``Bromine,'' UN1744 were consolidated into a new
packing instruction specifically for Bromine. After reviewing this new
packing instruction, we believe the current provisions in the HMR
pertaining to the packaging of Bromine are adequate. The most
noteworthy revision to the UN packing instruction which was initially
adopted by the UN, was the removal of the intermediate packaging
requirement for combination packagings. This decision was later
reversed. Therefore, because the HMR already require an intermediate
packaging, we are not adopting this amendment in this rulemaking.
Exceptions to Packaging for Paint and Paint-Related
Material. Amendments authorizing certain exceptions from performance
testing of packagings containing paint and certain paint-related
materials are not being adopted in this rulemaking. Currently, both the
UN Recommendations and the HMR contain certain packaging exceptions for
specific adhesives, printing inks, printing ink related materials,
paint, paint-related materials and resin solutions (see UN Packing
Instruction P001, Special Packing
[[Page 2210]]
Provision PP1 and 49 CFR 173.173(b)(2)). The Fifteenth revised edition
of the UN Recommendations expands the exceptions to also include such
materials when classified as environmentally hazardous substances. We
are currently reviewing the incident data related to these exceptions
and may consider this issue for a future rulemaking.
Requirements for Lithium Batteries. Amendments to the HMR
pertaining to lithium batteries based on the Fifteenth revised edition
of the UN Recommendations are not being adopted in this rulemaking. We
are reviewing these requirements and may consider them for a future
rulemaking.
Requirements for Additional Signage. Amendments to the HMR
pertaining to additional signage in airports are not being adopted in
this rulemaking. We are reviewing these amendments, including the
related cost impacts, and may consider them for a future rulemaking. In
the NPRM, we requested comments to provide information and suggestions
that we can use during a future review. One commenter [ATA] states that
it does not support airport signage as a primary means of hazard
communication and that the ICAO requirements for more information on
signage are not effective or efficient. Further, the commenter urges
PHMSA not to adopt the ICAO signage requirements. We acknowledge the
commenter's remarks and will include them in our consideration of a
future rulemaking.
Requirement for Hazard Communication on an Air Waybill:
Amendment to require the consignor to indicate on the air waybill that
certain hazardous materials or articles have met the conditions for
transport as specified in applicable exceptions or special provisions.
Based on comments received in response to the NPRM and the past history
of the safe transport of the hazardous materials that would be subject
to these amendments, we are not adopting the amendments in this final
rule. However, we will continue to review the merits of this hazard
communication amendment and may reconsider incorporating the amendment
or a similar revised version of the amendment in a future rulemaking.
III. Section-by-Section Review
Following is a section-by-section review of the amendments adopted
in this final rule. Note that this section-by-section review excludes
the amendments applicable to the transportation of batteries and
battery-powered devices, which are detailed in section II of this
Notice.
Part 171
Section 171.7
The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to OMB
Circular A-119, ``Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment
Activities,'' government agencies must use voluntary consensus
standards wherever practical in the development of regulations. Agency
adoption of industry standards promotes productivity and efficiency in
government and industry, expands opportunities for international trade,
conserves resources, improves health and safety, and protects the
environment.
To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standards bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all standards incorporated by reference into
the HMR. For this rulemaking, we evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements and
determined that the revised standards provide an enhanced level of
safety without imposing significant compliance burdens.
One commenter [TFI] requests that we amend the HMR to include the
most current edition of the Transport Canada's TDG Regulations by
referencing ``Amendment 6'' in the Sec. 171.7 list of standards
incorporated by reference. Amendment 6 of the TDG was published in Part
II of the Canada Gazette on February 20, 2008. The Sec. 171.7 list of
standards of the HMR currently lists Amendment 5. We acknowledge the
commenter's request to include Amendment 6 in our list of standards
incorporated by reference. We are currently evaluating the changes in
Amendment 6 of the TDG to determine whether the revised standards
provide an enhanced level of safety without imposing significant
compliance burdens, and will consider its inclusion in the HMR in a
future rulemaking. However, in this final rule we are incorporating the
new subsection 4.18(5) of Amendment 6 pertaining to placarding of
anhydrous ammonia, UN1005. This amendment will maintain our long-
standing policy of accepting the TDG placards in the U.S. and will
facilitate the safe and efficient transportation of anhydrous ammonia
between the U.S. and Canada.
We did not receive comments opposing the incorporations by
reference proposed in the NPRM; therefore we are updating the addresses
and the incorporation by reference materials for the ICAO TI, the IMDG
Code, and the UN Recommendations. In addition, we are updating the ISO
address and adding two new ISO Standards. The updated editions of these
standards become effective January 1, 2009.
The following currently referenced standards will be updated as
shown in the amended Sec. 171.7:
International Civil Aviation Organization (ICAO),
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, 2007-2008 Edition.
International Maritime Organization (IMO), International
Convention for the Safety of Life at Sea (SOLAS) Amendments 2000,
Chapter II-2, Regulation 19, 2001 and The International Maritime
Organization's International Maritime Dangerous Goods Code, 2006
Edition, Incorporating Amendment 33-06, English Edition, Volumes 1 and
2.
International Organization for Standardization, ISO
10156:1996, Gases and Gas Mixtures--Determination of fire potential and
oxidizing ability for the selection of cylinder valve outlets, Second
edition February 1996 (E) and ISO 10156--2:2005, Gas cylinders--Gases
and gas mixtures--Part 2: Determination of oxidizing ability of toxic
and corrosive gases and gas mixtures, First edition, August 2005, (E).
Transport Canada, Transportation of Dangerous Goods
Regulations (Transport Canada TDG Regulations), August 2001 including
Clear Language Amendments SOR/2001-286, Amendment 1 (SOR/2002-306)
August 8, 2002; Amendment 2 (SOR/2003-273) July 24, 2003; Amendment 3
(SOR/2003-400) December 3, 2003; Amendment 4 (SOR/2005-216) July 13,
2005; and Amendment 5 (SOR/2005-279) September 21, 2005.
United Nations, The UN Recommendations on the Transport of
Dangerous Goods, Fourteenth revised edition (2005), Volumes I and II.
Section 171.14
This section prescribes transitional provisions for recently
adopted
[[Page 2211]]
regulatory changes in the HMR. In a final rule, under Docket HM-218D
(73 FR 4699; on January 28, 2008), we added a new entry for ``Ethanol
and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol
mixture, with more than 10% ethanol, 3, UN3475, II'' in the HMT.
Although we included a delayed compliance date for the implementation
of the new identification number marking requirements in Sec.
172.332(c)(6) and (c)(7), we did not provide the same transition period
in the regulatory text for the continued use of the proper shipping
names for these materials that were in effect prior to the publication
of the HM-218D final rule. For example, for a gasoline and alcohol fuel
blend containing 85 percent alcohol (E85), the most appropriate
description prior to the HM-218D rulemaking was ``Flammable liquid,
n.o.s., (ethanol, gasoline), 3, UN1993.'' Our intent was to minimize
the costs of transitioning to this new description by allowing the
continued use of shipping names for these materials that were in effect
prior to publication of the HM-218D final rule for a period of two
years from the effective date, as discussed in the HM-218D final rule
preamble. To correct this oversight, in this rulemaking, we are adding
a new paragraph (h) to specify that effective October 1, 2010, the new
proper shipping name ``Ethanol and gasoline mixture or ethanol and
motor spirit mixture or ethanol and petrol mixture,'' and the revised
proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with
not more than 10% alcohol must be used, as appropriate.
Section 171.25
Section 171.25 specifies additional requirements for the use of the
IMDG Code when a hazardous material is offered for transportation to,
from, or within the U.S. by vessel, and by motor carrier and rail,
provided all or part of the movement is by vessel. Recently, an
incident occurred in which a portable tank containing ``Argon,
refrigerated liquid (cryogenic liquid),'' UN1951, stowed below the deck
of a vessel released its contents, resulting in the asphyxiation deaths
of three individuals who entered the confined cargo space where the
portable tank was stowed. The HMR currently prohibit the stowage of
such materials below deck (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 the NPRM, we proposed to
revise Sec. 171.25(c)(5) to specify that portable tanks, cargo tanks,
and tank cars containing cryogenic liquids must be ``on deck''
regardless of the stowage authorized in the IMDG Code.
Two commenters [Signal, VOHMA] support the proposal, but both
express concern pertaining to its implementation. VOHMA states that
``we are concerned that vessels transiting U.S. ports and in compliance
with the current IMDG Code authorization for ``under-deck'' stowage may
be problematic'' and requests that PHMSA ensure that shippers are made
aware of the requirement. We agree with the commenter. PHMSA submitted
a proposal to the IMO Subcommittee on Dangerous Goods, Solid Cargoes
and Containers to address the issue of stowage of cryogenic liquids as
discussed above. IMO will adopt the provisions in the IMDG Code under
Amendment 35-10. In the interim period between adoption in the HMR and
adoption in the IMDG Code, PHMSA will work with the IMO and various
trade associations to advise shippers and carriers of this new
provision.
Signal recommends that PHMSA revise paragraph (d) of this section
(Use of the IMDG Code in port areas) to clarify that the provision to
store portable tanks, cargo tanks, and tank cars containing cryogenic
liquids ``on deck'' is also applicable to port areas. The commenter
expresses concern regarding vessels passing through U.S. port areas
where cryogenic liquids may be stowed ``under-deck'' in accordance with
the IMDG Code stowage requirements. The commenter believes the hazard
is just as great to U.S. maritime workers even though the cargo may not
be loaded or unloaded in the U.S. port of call. Additionally, pending a
revision to paragraph (d), Signal also urges PHMSA to waive the
proposed one year transition period and make the provisions for stowage
of cryogenic liquids effective on the date of publication of this
rulemaking. We agree with the commenter's concern regarding the
applicability of the provision in U.S. port areas and due to the
immediate nature of the risk associated with stowing bulk packagings of
cryogenic liquids ``under-deck,'' in this final rule, we are adding a
new paragraph (d)(3) to specify that this provision is applicable to
U.S. port areas. We also agree with the recommendation to make the
provisions effective immediately. Therefore, in this final rule, we are
revising paragraphs (c)(5) and (d)(3) of Sec. 171.25 to indicate that
these specific requirements are effective 30 days after the date of
publication of the rulemaking, except for shipments transporting these
materials prior to the effective date of this amendment.
Part 172
Section 172.101 Hazardous Materials Table (HMT)
Section 172.101 contains the HMT and explanatory text for each of
the columns in the HMT. We proposed to make various amendments to the
HMT. Readers should review all changes for a complete understanding of
the amendments. For purposes of the Government Printing Office's
typesetting procedures, changes to the HMT appear under three sections
of the Table, ``remove,'' ``add,'' and ``revise.'' Certain entries in
the HMT, such as those with revisions to the proper shipping names,
appear as a ``remove'' and ``add.'' Amendments to the HMT for the
purpose of harmonizing with international standards include, but are
not limited to, the following:
In the final rule for Docket HM-215G (69 FR 76044; December 20,
2004), we added new generic entries for Organometallic substances
consistent with descriptions added to the UN Recommendations. In the
final rule, we allowed the continued use of certain specific
Organometallic entries; however, we anticipated removing the specific
Organometallic entries from the HMT by January 1, 2007. The entries
were to be removed because they were superseded by more appropriate
generic entries, but were inadvertently overlooked. Therefore, in this
final rule, we are removing the following Organometallic entries for
consistency with the intent of HM-215G:
UN3052 Aluminum alkyl halides, liquid
UN3461 Aluminum alkyl halides, solid
UN3076 Aluminum alkyl hydrides
UN3051 Aluminum alkyls
UN1366 Diethylzinc
UN1370 Dimethylzinc
UN2445 Lithium alkyls, liquid
UN3433 Lithium alkyls, solid
UN3053 Magnesium alkyls
UN2005 Magnesium diphenyl
Portable tank Special Provision TP12 states, ``This material is
considered highly corrosive to steel.'' The phrase ``highly corrosive
to steel'' is not defined by any specific criteria. Further, ``TP12,''
unlike other TP codes, is simply a statement and does not apply any
regulatory requirement. It is unclear
[[Page 2212]]
if all highly corrosive materials are assigned Special Provision TP12,
or if this statement provides any useful guidance for selecting an
appropriate portable tank. Therefore, we are revising the following
entries by removing Special Provision TP12:
UN1716 Acetyl bromide
UN1717 Acetyl chloride
UN2584 Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid with
more than 5 percent free sulfuric acid
UN2571 Alkyl sulfuric acids
UN2817 Ammonium hydrogendifluoride, solution, PG II and III
UN2796 Battery fluid, acid
UN1736 Benzoyl chloride
UN1737 Benzyl bromide
UN1738 Benzyl chloride
UN1738 Benzyl chloride unstabilized
UN1739 Benzyl chloroformate
UN2692 Boron tribromide
UN1742 Boron trifluoride acetic acid complex, liquid
UN1743 Boron trifluoride propionic acid complex, liquid
UN1744 Bromine
UN1745 Bromine pentafluoride
UN1744 Bromine solutions
UN1746 Bromine trifluoride
UN2513 Bromoacetyl bromide
NA2742 sec-Butyl chloroformate
UN2353 Butyryl chloride
NA9263 Chloropivaloyl chloride
UN1754 Chlorosulfonic acid with or without sulfur trioxide
UN1755 Chromic acid solution, PG II and PG III
UN1758 Chromium oxychloride
UN2240 Chromosulfuric acid
NA9264 3,5-Dichloro-2,4,6-trifluoropyridine
UN1764 Dichloroacetic acid
UN1768 Difluorophosphoric acid, anhydrous
NA2927 Ethyl phosphonothioic dichloride, anhydrous or Ethyl
phosphorodichloridate
NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric liquid
UN1776 Fluorophosphoric acid anhydrous
UN1778 Fluorosilicic acid
UN1777 Fluorosulfonic acid
UN1782 Hexafluorophosphoric acid
UN1789 Hydrochloric acid PG II and PG III
UN1786 Hydrofluoric acid and Sulfuric acid mixtures
UN1790 Hydrofluoric acid, with more than 60 percent strength
UN1790 Hydrofluoric acid, with not more than 60 percent strength
NA2742 Isobutyl chloroformate
UN3246 Methanesulfonyl chloride
NA9206 Methyl phosphonic dichloride
NA2845 Methyl phosphonous dichloride, pyrophoric liquid
NA1556 Methyldichloroarsine
UN1826 Nitrating acid mixtures, spent with more than 50 percent nitric
acid
UN1826 Nitrating acid mixtures, spent with not more than 50 percent
nitric acid
UN1796 Nitrating acid mixtures with more than 50 percent nitric acid
UN1796 Nitrating acid mixtures with not more than 50 percent nitric
acid
UN2031 Nitric acid other than red fuming, with more than 70 percent
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 20 percent
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 70 percent
nitric acid
UN2032 Nitric acid, red fuming
UN1798 Nitrohydrochloric acid
UN2308 Nitrosylsulfuric acid, liquid
UN1873 Perchloric acid with more than 50 percent but not more than 72
percent acid, by mass
UN1817 Pyrosulfuryl chloride
UN2879 Selenium oxychloride
UN1906 Sludge, acid
UN1828 Sulfur chlorides
UN1829 Sulfur trioxide, stabilized
UN1831 Sulfuric acid, fuming with less than 30 percent free sulfur
trioxide
UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur
trioxide
UN1832 Sulfuric acid, spent
UN1830 Sulfuric acid with more than 51 percent acid
UN2796 Sulfuric acid with not more than 51 percent acid
UN1834 Sulfuryl chloride
UN1836 Thionyl chloride
UN2699 Trifluoroacetic acid
NA9269 Trimethoxysilane
We proposed to add a new non-bulk packaging section (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 discussion
under Sec. 173.206 in this section of the rulemaking. The following
entries are revised in Column (8B) by replacing the current non-bulk
packaging provision with ``206'':
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
For consistency in the assignment of Portable tank Special
Provision TP13 (which requires provision of self-contained breathing
apparatus when certain hazardous materials are transported by vessel)
to all chlorosilanes, the following entries are revised in Column (7)
by adding Special Provision TP13:
UN2987 Chlorosilanes, corrosive, n.o.s.
UN1781 Hexadecyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1818 Silicon tetrachloride
We consider Portable tank Special Provision TP7 essential for the
safe transport of chlorosilanes. This special provision requires the
vapor space to be purged of air by nitrogen or other means. However,
there is no consistent assignment of ``TP7'' to chlorosilanes. For
enhanced safety and consistency with international regulations, the
following entries are revised in Column (7) by adding Special Provision
TP7:
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Chlorosilanes of Class 3 and Class 8 are currently authorized for
transport in metal IBCs under Special Provisions IB1 and IB2. Because
metal IBCs have 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
[[Page 2213]]
release of chlorosilanes from these packagings. To address these
concerns, we are prohibiting the use of metal IBCs by removing the
respective Special Provisions IB1 or Special Provision IB2 provisions
from the following entries. We are also adding Special Provision TP7 to
require the vapor space to be purged of air, as discussed above:
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
Bottom discharge openings are currently allowed on portable tanks
used for the transport of most chlorosilanes. For example, some
chlorosilane entries are assigned Portable tank Special Provision T7,
which provides for bottom opening requirements. As part of a voluntary
initiative to enhance safety, portions of the regulated community have
begun to use only portable tanks without bottom discharge connections.
To further enhance safety and to prohibit the use of portable tanks
with bottom discharge openings, we are revising the following entries
by replacing Special Provision T7 with Special Provision T10. Special
Provision T10 prohibits the use of bottom discharge openings. We are
also deleting the respective IBC Special Provisions IB1 or IB2 to
prohibit the use of metal IBCs and adding Special Provision TP7 to
require the vapor space to be purged of air, as discussed above:
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
As a safety measure for the transport of most chlorosilanes, we are
applying Special Provision T10, to prohibit bottom discharge openings
on portable tanks used to transport chlorosilanes. However, for
chlorosilanes meeting the criteria of Division 4.3 and for ``n.o.s.''
entries meeting the criteria for Classes 3, 8 and Division 6.1 that
have been assigned Special Provision T10, we are adopting the general
assignment of Special Provision T14 rather than Special Provision T10.
In addition to prohibiting bottom outlet openings, Special Provision
T14 requires a higher minimum test pressure for the periodic
hydrostatic pressure test. We believe a higher minimum test pressure
would provide an increased level of safety when transporting these
types of chlorosilanes in portable tanks. Some chlorosilanes meeting
the above classification criteria (e.g., UN2987 and UN1295) have
already been assigned Special Provision T14. Therefore, to enhance
safety and for consistency in assigning special provisions, we are
revising the following entries by replacing Special Provision T10 with
Special Provision T14 in Column (7):
UN2988 Chlorosilanes, water-reactive, flammable, corrosive, n.o.s.
UN1183 Ethyldichlorosilane
UN1242 Methyldichlorosilane
The following entries are revised by assigning PG II in column (5)
rather than PG I. The flammability properties (i.e., the flashpoint)
place them in PG II, and no additional evidence indicates the entries
are more corrosive than all the other chlorosilanes classed as a Class
3, subsidiary Class 8, PG II (e.g., UN1126). Therefore, in accordance
with the Precedence of hazard table (Sec. 173.2a), the entries are
classed as Class 3, subsidiary Class 8, PG II materials. In addition,
as discussed above, we are replacing Special Provision T7 with Special
Provision T10 for most chlorosilanes, however, for these entries
Special Provision T10 replaces the previously assigned Special
Provision T11. The entries are revised in Column (5) by assigning PG
II, and in Column (7) by replacing Special Provision T11 with Special
Provision T10:
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized
As discussed above, for most chlorosilanes, we are replacing
Special Provision T7 with Special Provision T10, which prohibits bottom
discharge openings. In addition, we are revising the following entries
by replacing Special Provision T11 with Special Provision T14 which
also prohibits bottom discharge openings in portable tanks:
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
Chlorosilanes of Division 6.1 are authorized for transport in metal
IBCs under Special Provision IB1. As discussed above, we are
prohibiting the use of metal IBCs for the transport of chlorosilanes.
Additionally, Special Provision TP27 is recommended for chlorosilanes
assigned Special Provision T14. If found acceptable according to the
test pressure definition in Sec. 178.274, Special Provision TP27
allows a test pressure of 4 bar instead of 6 bar. We are assigning
Portable tank Special Provision TP27 to all ``n.o.s.'' entries of
Classes 3, 8 and Division 6.1. Entries for Division 4.3 are assigned
Special Provision TP27 because of higher risk of a possible release of
a flammable gas. The following entries are revised in Column (7) by
deleting Special Provision IB1 and adding Special Provision TP27:
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
The following entries are revised by adding Special Provision IP2
to correct an inconsistency. When a hazardous material is assigned
Special Provision IP2, the material must be offered for transportation
in a closed freight container or a closed transport vehicle.
``Chloroacetic acid, solid,'' UN1751 is the only Division 6.1, PG II
material assigned Special Provision IB8 that is not also assigned
Special Provision IP2. Similarly, the remaining entries listed below
are Division 5.1, PG II materials assigned Special Provision IB8 but
not Special Provision IP2. For consistency in the assignment of Special
Provision IP2, the following entries are revised in Column (7) by
adding Special Provision IP2:
UN1751 Chloroacetic acid, solid
UN1463 Chromium trioxide, anhydrous.
UN2465 Dichloroisocyanuric acid, dry or Dichloroisocyanuric acid salts
UN1473 Magnesium bromate
UN2627 Nitrites, inorganic, n.o.s.
UN1484 Potassium bromate
UN1485 Potassium chlorate
UN1487 Potassium nitrate and sodium nitrite mixtures
UN1488 Potassium nitrite
UN1490 Potassium permanganate
UN1493 Silver nitrate
UN1494 Sodium bromate
UN1495 Sodium chlorate
UN3247 Sodium peroxoborate, anhydrous
[[Page 2214]]
UN2468 Trichloroisocyanuric acid, dry
UN1512 Zinc ammonium nitrite
UN1514 Zinc nitrate
Special Provision 36 places net quantity limits per package for
medicines classed as hazardous materials. However, the quantity limits
in the special provision are inconsistent with the net quantity
packaging limits authorized under the limited quantities exceptions for
these materials in Sec. Sec. 173.150 and 173.153 of the HMR.
Therefore, the following entries are revised in Column (7) by removing
Special Provision 36:
UN3248 Medicine, liquid, flammable, toxic, n.o.s.
UN1851 Medicine, liquid, toxic, n.o.s.
UN3249 Medicine, solid, toxic, n.o.s.
Chemical oxygen generators are subject to stringent packaging and
shipping requirements. We are adding a new Special Provision 62 to the
following entries to emphasize that chemical oxygen generators are not
authorized to be transported under the generic ``oxidizer, n.o.s.''
entries.
UN3098 Oxidizing liquid, corrosive, n.o.s.
UN3139 Oxidizing liquid, n.o.s.
UN3099 Oxidizing liquid, toxic, n.o.s.
UN3085 Oxidizing solid, corrosive, n.o.s.
UN3137 Oxidizing solid, flammable, n.o.s.
UN1479 Oxidizing solid, n.o.s.
UN3100 Oxidizing solid, self-heating, n.o.s.
UN3087 Oxidizing solid, toxic, n.o.s.
UN3121 Oxidizing solid, water-reactive, n.o.s.
The following entries are revised by adding a reference to
packaging section ``307'' to Column (8A) for consistency with
international regulations regarding exception from the requirements for
manufactured articles and apparatuses containing minimal amounts of
inert gas. See the discussion under Sec. 173.307 in this section of
the rulemaking for additional information regarding this change.
UN1006 Argon, compressed
UN1046 Helium, compressed
UN1970 Krypton, compressed
UN1065 Neon, compressed
UN2036 Xenon, compressed
The entry ``Amines, flammable, corrosive, n.o.s. or Polyamines,
flammable, corrosive, n.o.s.,'' UN2733 is revised to include the PG II
and PG III entries in proper order to correct inadvertent assignment of
the entries to UN2734. This revision appears as a ``Remove/Add'' in
this rulemaking.
The entry ``Amines, liquid, corrosive, flammable n.o.s. or
Polyamines, liquid corrosive, flammable n.o.s.,'' UN2734 is revised to
include a comma after flammable in both proper shipping names and a
comma between liquid and corrosive in the second proper shipping name
in Column (2) and to remove the PG II and PG III entries for
``flammable, corrosive'' to correct inadvertent assignment of these
entries. This revision appears as a ``Remove/Add'' in this rulemaking.
The entry ``Batteries, dry, containing potassium hydroxide solid,
electric storage,'' UN3028 is revised by adding to Column (7) a
reference to new Special Provision 237.
The entries ``Boron trifluoride,'' UN1008 and ``Hydrogen iodide,
anhydrous'' UN2197 are revised by adding the Class 8 subsidiary hazard
label to Column (6) for consistency with international regulations and
for consistency with all other Division 2.3 toxic gas entries in the
HMT that also have the Class 8 subsidiary hazard.
The entry ``Calcium manganese silicon,'' UN2844 is revised in
Column (7) by removing Special Provision IP2. When this material is
transported in other than metal or rigid plastic IBCs, Special
Provision IP2 specifies they must be transported in a closed freight
container or a closed transport vehicle. However, this is inconsistent
with other Division 4.3, PG III materials that are not subject to this
special provision.
For consistency with UN Recommendations, the entry ``Chlorine,''
UN1017 is revised in Column (6) by adding the Division 5.1 subsidiary
hazard label. This label will help communicate that this material may
cause or enhance the combustion of other materials.
The hazardous materials descriptions for the entries
``Chloronitrobenzene, liquid ortho,'' UN3409 and ``Chloronitrobenzenes,
solid meta or para,'' UN1578 are revised in Column (2) by removing the
italicized word(s). The italicized word(s) associated with the proper
shipping names are a potential source of confusion and are removed for
clarification and consistency with the same entries in the UN
Recommendations. This revision appears as a ``Remove/Add'' in this
rulemaking.
The instruction for the entry ``Cartridges, sporting, see
Cartridges for weapons, inert, porjectile, or Cartridges, small arms''
is revised in Column (2) by correcting the misspelling of
``projectile.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
The proper shipping name for the entry ``Corrosive, liquid, acidic,
inorganic, n.o.s.,'' UN3264 is revised in Column (2) by removing the
comma appearing between ``corrosive'' and ``liquid'' to read
``Corrosive liquid, acidic, inorganic, n.o.s.'' This revision appears
as a ``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``Dyes, liquid, corrosive,
n.o.s., or Dye intermediates, liquid, corrosive, n.o.s.,'' UN2801 is
revised in Column (2) by italicizing the ``or'' in the proper shipping
name. This revision appears as a ``Remove/Add'' in this rulemaking.
The entries ``Environmentally hazardous substances, liquid,
n.o.s.,'' UN3082 and ``Environmentally hazardous substances, solid,
n.o.s.,'' UN3077 are revised by adding a new Special Provision 335 in
Column (7). Special Provision 335 clarifies that mixtures of non-
hazardous solids and environmentally hazardous liquids or solids may be
classified as UN3077 provided there is no free liquid visible at the
time the substance is loaded or at the time the packaging or transport
unit is closed.
In addition to flammable liquid fuel cell cartridges already
provided for by the HMR, there are a number of other rapidly advancing
fuel cell technologies employing a range of fuels. In this final rule,
we are revising the entry for fuel cells containing a flammable liquid
(UN3473) to include fuel cell cartridges containing a flammable liquid
packed with or contained in equipment, and are adding four new proper
shipping names to the HMT to describe the range of fuel used in fuel
cell cartridges. These entries are: (1) Water-reactive substances
(UN3476); (2) corrosive substances (UN3477); (3) liquefied flammable
gas (UN3478); and (4) hydrogen in metal hydride (UN3479)). Readers
should note that liquefied flammable gases and hydrogen in a metal
hydride are both Division 2.1 materials used in fuel cell cartridges.
However, the provisions necessary for the safe transportation of these
articles are quite different and therefore, it is necessary to
distinguish them with separate shipping descriptions.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing corrosive substances,'' UN3477 is added.
The proper shipping name for the entry ``Fuel cell cartridges,
containing flammable liquids,'' UN3473 is revised in Column (2) to read
``Fuel cell cartridges or Fuel cell cartridges contained in equipment
or Fuel cell cartridges packed with equipment, containing flammable
liquids.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
[[Page 2215]]
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing hydrogen in metal hydride,'' UN3479 is added.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing liquefied flammable gas,'' UN3478 is added.
A new entry ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing water-reactive substances,'' UN3476 is added.
The entry ``Gasohol,'' NA1203 is revised in Column (7) by adding
Special Provision 177 to indicate that mixtures of gasoline and ethanol
with less than 10 percent ethanol for use in internal combustion
engines (e.g., automobiles) must be assigned the PG II entry regardless
of variations in volatility.
The entry ``Gasoline,'' UN1203, is revised in Column (7) by adding
Special Provision 177 and Special Provision IB2. Special Provision 177
is added to indicate that gasoline for use in an internal combustion
engine (e.g., automobiles) must be assigned the PG II entry regardless
of variations in volatility. Special Provision IB2 was inadvertently
removed under Docket No. HM-213 (68 FR 52363; September 3, 2003).
The proper shipping name for the entry ``Hydrogen in a metal
hydride storage system,'' UN3468 is revised in Column (2) to read
``Hydrogen in a metal hydride storage system or Hydrogen in a metal
hydride storage system contained in equipment or Hydrogen in a metal
hydride storage system packed with equipment.'' This revision appears
as a ``Remove/Add'' in this rulemaking.
A new entry ``1-Hydroxybenzotriazole, anhydrous, dry or wetted with
less than 20 percent water, by mass,'' UN0508 is added.
A new entry ``1-Hydroxybenzotriazole, anhydrous, wetted with not
less than 20 percent water, by mass,'' UN3474 is added. One commenter
[AHS] requests that PHMSA revise this entry to reflect the modified
entry agreed upon by a recent UN Sub-Committee meeting. The modified
entry, ``1-Hydroxybenzotriazole, monohydrate,'' UN3474 would also have
Special Provision 162 deleted from the entry. AHS notes that, ``* * *
The U.S. supported this change and * * * was instrumental in getting
the modification accepted'' by the UN Subcommittee. AHS also indicates
the modified entry is, ``* * * a more accurate description of this
material.'' Additionally, the commenter requests that PHMSA add the
modified entry in the same manner as the addition of the new entry
``Powder, smokeless,'' UN0509, where the entry has a ``D'' in Column
(1) indicating it is appropriate for domestic transport but may not be
appropriate for international commerce. [The rationale for including
``D'' in Column (1) for the entry ``Powder, smokeless,'' UN0509 is
explained in greater detail in the discussion of changes to Sec.
173.62 in this section of the rulemaking.] Because the modified entry
for UN3474 was not proposed in the NPRM, the request to include the
modified version of the entry in the HMT (including the deletion of
Special Provision 162 from the entry) is beyond the scope of this
rulemaking. However, we will treat the commenter's remarks as a
petition for rulemaking and consider the request for the modified
hazardous materials description for inclusion in the HMT in a future
rulemaking. No other comments opposing this proposal to add this entry
were received; therefore, in this final rule, we are adopting the
proposal without change. This appears as an ``Add'' in this rulemaking.
The entry ``Hypochlorite solutions,'' UN1791 is revised by adding
the PG III description and associated packaging provisions to Columns
(5) and (8), respectively. The PG III information was inadvertently
omitted in a final rule under Docket HM-215I (71 FR 78596; December 29,
2006). This revision appears as a ``Remove/Add'' in this rulemaking.
The entry ``Magnesium nitrate,'' UN1474 is revised in Column (7) by
adding a new Special Provision 332. Special Provision 332 specifies
that magnesium nitrate hexahydrate is not subject to the HMR. Testing
conducted by independent laboratories on magnesium nitrate hexahydrate
in accordance with Test O.1: Test for Oxidizing Solids of the UN Manual
of Tests and Criteria indicated magnesium nitrate hexahydrate does not
have a burning rate to meet the criteria as a Division 5.1 oxidizer.
The hazardous materials description for the entry ``Nitric acid,
other than red fuming, with not more than 70 percent nitric acid,''
UN2031, PG II is revised in Column (2) to read ``Nitric acid, other
than red fuming, with at least 65 percent, but not more than 70 percent
nitric acid'' to conform with proper shipping names that have similar
descriptions (e.g., UN3366). This entry is also revised in Column (7)
by adding Special Provision IP15, and in Column (10B) by removing
vessel stowage codes ``44,'' ``110,'' and ``111,'' and adding ``74.''
Special Provision IP15 specifies that for UN2031 with more than 55%
nitric acid, the use of rigid plastic IBCs and composite IBCs with a
rigid plastic inner receptacle would be authorized for two years from
the date of manufacture of the IBC. Finally, the entry is revised by
adding a Division 5.1 subsidiary hazard label to column (6). This
revision appears as a ``Remove/Add'' in this rulemaking.
A new entry ``Nitric acid, other than red fuming, with less than 65
percent nitric acid,'' UN2031, PG II is added.
The entry ``Nitrocellulose, solution, flammable with not more than
12.6 percent nitrogen, by mass, and not more than 55 percent
nitrocellulose,'' UN 2059, PG I, PG II and PG III is revised in Column
(7) by adding a new Special Provision 198. Special Provision 198
authorizes nitrocellulose solutions containing less than 20%
nitrocellulose to be transported as paint or printing ink.
The instruction for the entry ``2,5-Norbornadiene, stabilized, see
Bicyclo 2,2,1 hepta-2,5-diene, stabilized'' is revised in Column (2) by
enclosing ``2,2,1'' in brackets to denote the correct spelling and to
be consistent with the proper shipping name entry ``Bicyclo [2,2,1]
hepta-2,5-diene, stabilized or 2,5-Norbornadiene, stabilized,'' UN2251.
This revision appears as a ``Remove/Add'' in this rulemaking.
The entry ``Organometallic substance, liquid, water-reactive,
flammable,'' UN3399, PG I and PG II, is revised in Column (10A) by
removing vessel stowage location code ``E'' and adding ``D'' to
harmonize with the IMDG Code and SOLAS. Amendments were also made to
SOLAS Chapter II-2/Regulation 19 strictly prohibiting the stowage of
4.3 liquids having a flashpoint less than 23 [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
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
[[Page 2216]]
the ventilation openings. This change would prohibit only UN3399 from
under deck stowage. All other Class 4.3 liquids, with a subsidiary
Class 3 and flashpoint less than 23 [deg]C, are not permitted under
deck or in enclosed ro-ro spaces under the IMDG Code.
The entry ``Organometallic substance, solid, water-reactive,''
UN3395 is revised to include the letter ``G'' in Column (1) to correct
an inadvertent omission.
The entry ``Organometallic substance, solid, water-reactive,''
UN3395 is revised by adding the letter ``G'' in Column (1) to correct
an inadvertent omission.
The entry ``Organophosphorus compound, toxic, flammable, n.o.s,''
UN3279 is revised by adding the letter ``G'' in Column (1) to correct
an inadvertent omission.
The proper shipping name for the entry ``Pentaerythrite
tetranitrate mixture, desensitized, solid, n.o.s.,'' UN3344 is revised
in Column (2) to read ``Pentaerythrite tetranitrate mixture,
desensitized, solid, n.o.s. or Pentaerythritol tetranitrate mixture,
desensitized, solid, n.o.s. or PETN mixture, desensitized, solid,
n.o.s.,'' to conform to proper shipping names that have similar
descriptions (e.g., UN0411). This revision appears as a ``Remove/Add''
in this rulemaking.
The entry ``Polychlorinated biphenyls, solid,'' UN3432 is revised
in Column (7) by adding Special Provisions IP2 and IP4 for consistency
with similar requirements for ``Polyhalogenated biphenyls, solid or
Polyhalogenated terphenyls, solid,'' UN3152. Special Provisions IP2 and
IP4 require IBCs other than metal or rigid plastic to be offered for
transportation in a closed freight container or closed transport
vehicle and require flexible, fiberboard, or wooden IBCs to be 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, are revised in Column (10B) by removing vessel
stowage code ``56'' and adding ``145.''
A new entry ``Powder, smokeless,'' UN0509, is added. A discussion
of changes to Sec. 173.62 in this section of the rulemaking provides
an explanation of the addition of this entry.
The proper shipping name for the entry ``Receptacles, small,
containing a gas (gas cartridges) non-flammable without release device,
not refillable and not exceeding 1 L capacity,'' UN2037, 2.2 (5.1) is
revised in Column (2) by correcting the word ``agas'' to read ``gas.''
Additionally, to harmonize this proper shipping name and punctuation
with international regulations and standards, the word ``non-
flammable'' is revised to read ``oxidizing'' and enclosed in
parentheses, the word ``or'' is added and italicized before the words
``gas cartridges,'' and the parentheses enclosing the words ``gas
cartridges'' are removed. The proper shipping name is corrected to read
``Receptacles, small, containing gas or gas cartridges (oxidizing)
without release device, not refillable and not exceeding 1 L
capacity.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
The proper shipping name for the entry ``Receptacles, small,
containing gas (gas cartridges) flammable without release device, not
refillable and not exceeding 1 L capacity,'' UN2037, 2.1 is revised in
Column (2) to harmonize proper shipping name with international
regulations and standards. The parentheses enclosing ``gas cartridges''
are removed and the word ``flammable'' is enclosed in parentheses.
Additionally, the word ``or'' is added and italicized before the words
``gas cartridges.'' The proper shipping name is corrected to read
``Receptacles, small, containing gas or gas cartridges (flammable)
without release device, not refillable and not exceeding 1 L
capacity.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
The proper shipping name for the entry ``Receptacles, small,
containing gas (gas cartridges) non-flammable without release device,
not refillable and not exceeding 1 L capacity,'' UN2037, 2.2 is revised
in Column (2) to harmonize proper shipping name with international
regulations and standards. The parentheses enclosing ``gas cartridges''
are removed and the word ``non-flammable'' is enclosed in parentheses.
Additionally, the word ``or'' is added and italicized before the words
``gas cartridges.'' The proper shipping name is corrected to read
``Receptacles, small, containing gas or gas cartridges (non-flammable)
without release device, not refillable and not exceeding 1 L
capacity.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
The proper shipping name for the entry ``Regulated medical waste,
n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste,
n.o.s.,'' UN3291 is revised in Column (2) to include ``Biomedical
waste, n.o.s.'' and ``Medical waste, n.o.s.'' to clarify that these
names may also be used under the HMR and to harmonize the proper
shipping names for regulated medical waste with those prescribed in
international regulations. This revision appears as a ``Remove/Add'' in
this rulemaking.
The proper shipping names for several ``Self-heating solid''
materials, specifically UN3088, UN3126, UN3127, UN3128, are revised in
Column (2) to remove a comma following the word ``Self-heating.'' These
revisions appear as ``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``Trinitrophenol, wetted,''
UN1344 is revised in Column (2) to read ``Trinitrophenol, or Picric
acid, wetted,'' to conform to proper shipping names that have similar
descriptions (e.g., UN3364). This revision appears as a ``Remove/Add''
in this rulemaking.
The proper shipping name for the entry ``Trinitrotoluene, wetted,''
UN1356 is revised to read ``Trinitrotoluene, wetted or TNT, wetted,''
to conform to proper shipping names that have similar descriptions
(e.g., UN3366). This revision appears as a ``Remove/Add'' in this
rulemaking.
A new entry ``Signals, distress, ship,'' UN0505 is added.
A new entry ``Signals, distress, ship,'' UN0506 is added.
A new entry ``Signals, smoke,'' UN0507 is added.
Currently, no portable tank instructions are assigned to ``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 are adding portable tank assignments (portable tank special
provisions) consistent with the ``Guidelines for Assigning Portable
Tank Requirements to Substances in Classes 3 to 9.'' These assignments
are consistent with similarly classed entries in the HMT. The entries
are revised in Column (7) as follows:
The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
I, is revised by adding Special Provisions T14, TP2, and TP7.
The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
II, is revised by adding Special Provisions T11 and TP2.
The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG
III, is revised by adding Special Provisions T7 and TP1.
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG I, is
revised by adding Special Provisions T9, TP2, and TP7.
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG II, is
revised by adding Special Provisions T7 and TP2.
The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG III, is
revised by adding Special Provisions T7 and TP1.
[[Page 2217]]
The entry ``Water-reactive solid, corrosive, n.o.s,'' UN3131, PG I,
is revised by adding Special Provisions T9, TP7, and TP33.
The entry ``Water-reactive solid, n.o.s.,'' UN2813, PG I, is
revised by adding Special Provisions T9, TP7, and TP33.
The proper shipping name for the entry ``Xenon,'' UN2036, is
revised to read ``Xenon, compressed,'' UN2036, for consistency with
proper shipping names for other compressed gases (i.e., inert gases).
This revision appears as a ``Remove/Add'' in this rulemaking.
Appendix B to 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 the NPRM, we proposed to amend the introductory
text and the List of Marine Pollutants to add an allowance for the use
of the GHS-based classification criteria for materials toxic to the
aquatic environment (marine pollutants) contained in the IMDG Code.
We received several comments [CPTD, COSTHA, DGAC, Deeds, VOHMA]
supporting our proposal to maintain the current regulatory approach to
facilitate transportation without mandating use of the new GHS-based
criteria for determination of a marine pollutant. COSTHA ``* * *
supports PHMSA's decision not to adopt the new IMDG classification
criteria for Marine Pollutants and not to remove Appendix B from the
172.101.'' CPTD indicates, ``* * * this new classification system is
unnecessarily complicated, and * * * would involve an additional layer
of complexity without a corresponding public benefit.'' Deeds
recommends that if we maintain the differentiation between marine
pollutants and severe marine pollutants in the List of Marine
Pollutants, then PHMSA should adopt the GHS-based criteria in the IMDG
Code as the basis for determining whether a marine pollutant is a
severe marine pollutant. We disagree. Using the GHS-based criteria to
determine a severe marine pollutant runs counter to our proposal not to
mandate the use of such criteria. Therefore, for these reasons, in this
final rule, we are adopting the amendment as proposed.
We also proposed to remove a number of entries that no longer meet
the criteria for a marine pollutant. These entries were inadvertently
retained in a rulemaking under Docket HM-215D (66 FR 33316; June 21,
2001 and 67 FR 15743; April 3, 2002). We did not receive any comments
opposing the removal of these entries and, therefore, are removing the
following entries from the List of Marine Pollutants: ``5-Ethyl-2-
picoline,'' ``Ethyl propenoate, inhibited,'' ``Isopropenylbenzene,''
and ``2-Phenylpropene.''
One commenter [CPTD] requests that we remove an additional entry
(low aromatic mineral spirit (white spirit, low 15-20%)) from the List
of Marine Pollutants in Appendix B to Sec. 172.101 because it would
not meet the criteria for a marine pollutant using the IMDG Code. The
removal of additional entries from the List of Marine Pollutants in
Appendix B to Sec. 172.101 is beyond the scope of this rulemaking. We
did not propose to remove entries other than those being removed as a
correction to an oversight from the HM-215D rulemaking, nor did we
request comments on entries based on use of the GHS-based
classification criteria in the IMDG Code that should be removed.
However, we encourage the commenter to petition PHMSA to remove the
entry with data demonstrating that the material would not meet the
criteria under the IMDG Code or to apply for approval to have the
material excepted as a marine pollutant in accordance with paragraph 5
of the introduction to Appendix B of Sec. 172.101.
Section 172.102
Section 172.102 lists a number of special provisions applicable to
the transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. Unless
otherwise noted, we received no comments opposing these proposals;
therefore, in this final rule, we are adopting these proposals without
change.
For consistency with international regulations, we are amending
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 in Sec. Sec. 173.150 and 173.153 of the HMR. The
entries were initially introduced to the UN Recommendations with a
special provision limiting the materials to PG II and III and requiring
the materials to have a maximum net quantity per package of 5 L or 5
kg. However, since then, these materials have been authorized in the
HMR as limited quantities and consumer commodities. This has created an
inconsistency between the quantity limits per package in Special
Provision 36 and the limits outlined in the limited quantity
exceptions. Therefore, to resolve this inconsistency, we are removing
Special Provision 36.
Special Provision 137 specifies conditions for exception from the
HMR for certain types of vegetable fibers. We are revising this special
provision to include ``tampico fiber, dry'' having a minimum baling
density of 360 kg/m3 as being eligible for this exception.
Special Provision 138 specifies insolubility criteria for lead
compounds. We are revising the special provision by adding clarifying
language that specifies lead compounds meeting the insolubility
criteria outlined in the special provision are not subject to the HMR
unless they meet the criteria for one of the other hazard classes.
Special Provision 150 specifies composition limits for uniform
mixtures of fertilizers containing ammonium nitrate as the main
ingredient. We are revising the composition limits outlined in
paragraph (b) of the provision by adding the words ``and/or mineral
calcium sulphate'' after ``dolomite.''
In the final rule under Docket HM-215G (69 FR 76044; December 20,
2004), we added new generic entries to describe Organometallic
materials consistent with descriptions added to the UN Recommendations
but allowed the continued use of several specific Organometallic
entries (e.g., Dimethylzinc, UN1370) that were currently in the HMT. We
anticipated removing these remaining entries from the HMT by January 1,
2007. The entries were to be removed because they were superseded by
the addition of the more appropriate generic entries. However, they
currently remain in the HMT. Therefore, we are removing the remaining
specific Organometallic entries for consistency with the original
intent of HM-215G to remove the entries by January 1, 2007. In
addition, we are removing Special Provision 173. Special Provision 173
provides the option to use an appropriate generic entry listed in the
HMT to describe a specific Organometallic material and was only
assigned to those Organometallic materials. Because new generic entries
have been added to the HMT this special provision only applies to the
rulemaking entries that are to be removed, this special provision has
become obsolete.
Special Provision 177 requires materials for use in internal
combustion engines (e.g., in automobiles) to be assigned the PG II
entry regardless of variations in volatility of the material.
Currently, we assign Special Provision 177 to the entry ``Ethanol and
gasoline
[[Page 2218]]
mixture or ethanol and motor spirit mixture or ethanol and petrol
mixture,'' UN3475. In the NPRM, we proposed to revise Special Provision
177 to specify its application to both gasoline and ethanol/gas
mixtures for consistency with UN Recommendations that assign similar
provisions to gasoline and mixtures of ethanol and gasoline. One
commenter [American Trucking Associations] suggests that the language
in Special Provision 177 is confusing in that, as written, Special
Provision 177 requires that ``gasoline or ethanol and gasoline mixtures
must be assigned to this entry regardless of variations in
volatility,'' indicating assignment to a single entry when the special
provision is actually assigned to multiple entries. We agree.
Therefore, in this final rule, we are revising Special Provision 177 to
read ``gasoline or ethanol and gasoline mixtures must be assigned to
Packing Group II regardless of variations in volatility.''
Special Provision 188 specifies conditions for exception from the
HMR for small lithium cells and batteries. We are revising the special
provision to require the reporting of incidents that occur as a direct
result of a fire, violent rupture, explosion, or a dangerous evolution
of heat.
Special Provision 189 specifies conditions for exception from the
HMR for medium lithium cells and batteries. We are revising the special
provision to require the reporting of incidents that occur as a direct
result of a fire, violent rupture, explosion, or a dangerous evolution
of heat.
A new Special Provision 198 is being added to permit nitrocellulose
solutions containing less than 20% nitrocellulose to be transported as
paint or printing ink, as applicable.
A new Special Provision 237 is being added to specify that
``Batteries, dry, containing potassium hydroxide solid, electric
storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a) and for transportation by aircraft,
Sec. 173.159(b)(2).
A new Special Provision 332 is added to specify magnesium nitrate
hexahydrate is not subject to the HMR.
A new Special Provision 335 is added to clarify proper
classification of mixtures of solids which are not subject to the HMR
and environmentally hazardous liquids or solids. Special Provision 335
specifies these mixtures would be classified as UN3077 and may be
transported under that entry provided there is no free liquid visible
at the time the material is loaded or the packaging or transport unit
is closed.
A new Special Provision IP15 is added to indicate that for ``Nitric
acid,'' UN2031, with more than 55% nitric acid, the use of rigid
plastic IBCs and composite IBCs with a rigid plastic inner receptacle
is permitted for two years from the date of manufacture of the IBC.
Special Provision N82 references Sec. 173.306 for classification
criteria for flammable aerosols. However, classification criteria for
flammable aerosols are found in Sec. 173.115, specifically, in
paragraph (k). Special Provision N82 is revised to reference Sec.
173.115.
A new Special Provision N90 is 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 is removed. This provision states, ``this
material is considered highly corrosive to steel.'' The phrase ``highly
corrosive to steel'' is not defined by any specific criteria. Further,
TP12, unlike other TP codes, is simply a statement and does not apply
any regulatory requirement. It is unclear if all highly corrosive
materials are assigned Special Provision TP12 or if this statement
provides any useful guidance for selecting an appropriate portable
tank. Therefore, we are deleting Special Provision TP12 from 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, in the NPRM, we proposed to harmonize with the UN
Recommendations by making an appropriate revision to Sec.
172.202(a)(3) to specify that the subsidiary hazard class or division
number is not required to be entered when a corresponding subsidiary
hazard label is not required.
One commenter [Omni] supports the proposal to amend Sec.
172.202(a)(3) to specify that the subsidiary hazard class or division
number is not required to be entered when the corresponding subsidiary
hazard label is not required. Another commenter [Arkema] requests that
we revise Sec. 172.202(a)(3) to clarify that the subsidiary hazard
must be entered on shipping papers corresponding to the additional
subsidiary labeling required by Sec. 172.402(a)(2), even though the
subsidiary hazard is not indicated in Column (6) of the HMT in
association with a hazardous material description. The commenter notes
that ``* * * enforcement personnel take exception to the fact that we
identify subsidiary hazards on the shipping papers for some of our
materials when a named material does not list a subsidiary in the
172.101 table.''
We do not believe that a revision to Sec. 172.202(a)(3) is
necessary for clarification of the requirements as requested by Arkema.
Paragraph (a)(3) of this section clearly states that the subsidiary
hazard class(es) and division number(s) must be entered in parentheses
immediately following the primary hazard class or division number
regardless of whether the subsidiary hazard(s) is listed in Column (6)
of the HMT. Therefore, in this final rule, we are adopting the
revisions to Sec. 172.202(a)(3) as proposed.
We are also revising paragraph (a)(4) to clarify that the packing
group is not required to be indicated on a shipping paper for
explosives, self-reactive substances, batteries other than those
containing sodium, and organic peroxides in addition to entries that
are not assigned a packing group. In addition, we also are revising
paragraph (a)(6) to clarify that for all articles where ``No Limit'' is
shown in Column (9A) or (9B) of the HMT, the quantity must be the gross
mass, followed by the letter ``G.'' We received no comments opposing
these proposals; therefore, in this final rule, we are revising
paragraph (c) to include a similar exception.
Section 172.322
Section 172.322 specifies marking requirements for vessel
transportation of each non-bulk packaging and bulk packaging that
contains a marine pollutant. In this final rule, we are adopting the
new marking for marine pollutants that has been incorporated into the
IMDG Code.
We received one comment [DGAC] indicating a difference between our
proposal and the UN Recommendations regarding types of packaging for
which the marine pollutant marking is not required. DGAC notes, ``* * *
[t]he proposal is to except combination packagings whereas the [UN
Recommendations] excepts all packagings with a capacity of 5 L or 5
kg.''
We agree with DGAC that the exception applies to both single and
combination packagings containing marine pollutants. Therefore, in this
final rule, we are revising the
[[Page 2219]]
amendment to state that for packages containing marine pollutants, the
marine pollutant mark is not required on single packagings or
combinations packagings with a net capacity of 5 L or less for liquids
or 5 kg or less for solids. We are requiring use of this new marking
one year after publication of the final rule.
Section 172.400a
Section 172.400a establishes exceptions for labeling requirements.
Currently, the UN Recommendations do not require a package labeled with
a Division 4.2 label to bear a Division 4.1 subsidiary hazard label.
This is primarily because the Division 4.2 label communicates a more
severe spontaneously combustible flammability hazard and as such the
Division 4.1 label is not considered to provide additional hazard
communication value.
Section 172.401
Section 172.401 establishes specific requirements for prohibited
labeling. We received a petition (P-1494) from DGAC requesting that
PHMSA specify that pictograms described in the United Nations Globally
Harmonized System of Classification and Labelling are not prohibited
under the HMR. In its petition, DGAC states that the UN Economic and
Social Council's Committee of Experts on the Transport of Dangerous
Goods and on the GHS established the goal of implementing the GHS in
2008. DGAC contends that to facilitate international trade, it is
important that packages bearing GHS pictograms are acceptable for
transportation in the U.S. DGAC also states that GHS pictograms may
already appear on packages used in transportation and cites Annex 7 of
the GHS showing examples of GHS pictograms appearing on drums.
Pictograms prescribed by GHS are not identical to labels required under
the UN Recommendations or the HMR; such pictograms typically consist of
a red bordered diamond with a hazard symbol such as a ``flame'' or a
``skull and cross bones.'' DGAC expects these GHS pictograms to be
smaller in size than the transport labels required under the HMR and
international regulations.
We received no comments on our proposal to permit use of the GHS
pictograms. Therefore, in this final rule, we are amending 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 final rule, we are revising paragraph (b)
to allow a solid horizontal line as an option.
Section 172.448
Section 172.448 establishes the specifications for the ``CARGO
AIRCRAFT ONLY'' label. For consistency with international regulations,
we are replacing the current label. The symbol of this label is not
altered; however the text is revised to read, ``Forbidden in Passenger
Aircraft.'' In addition, we are authorizing continued use of the
current label until January 1, 2013.
Part 173
Section 173.4, 173.4a, 173.4b
Section 173.4 establishes the requirements for exceptions to the
HMR for small quantities of Class 3, Division 4.1, Division 4.2 (PG II
and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials. Recently,
provisions for the transport of hazardous materials in excepted
quantities were incorporated into the UN Regulations and the IMDG Code.
These provisions are based largely on existing excepted quantity
provisions provided by the ICAO TI. The provisions permit certain small
quantities of hazardous materials to be transported with minimal
regulation, but ensure a high level of safety through stringent
packaging and testing requirements.
The excepted quantity provisions in the UN Regulations and the
small quantity provisions of the HMR are similar, but not identical.
For example, differences include variations in the authorized hazard
classes and packing groups; differences in the quantities authorized
per package; and differences in marking, documentation and incident
reporting requirements. We believe that aligning the existing small
quantity provisions in the HMR with the excepted quantity provisions
for air and vessel transportation will enhance harmonization and
increase safety. Therefore, for consistency with the UN Recommendations
and to increase safety and facilitate international transportation, we
are adopting a new excepted quantity provision for transportation by
aircraft and vessel into a new Sec. 173.4a. We stress that we are not
removing the existing small quantity provisions in 173.4, but rather
limiting the use of these provisions to domestic highway and rail
transportation. We also are moving the exception for small quantities--
less than 1 gram for solids and less than 1 milliliter for liquids per
inner packaging currently found in Sec. 173.4(e)--to a new Sec.
173.4b. This will align the requirements of the HMR with those of the
ICAO TI and the IMDG Code for transport by air and vessel, while
maintaining the existing small quantity exceptions for domestic highway
and rail transport. However in this final rule we are not applying the
full training requirements of Part 172 Subpart H to excepted
quantities. Instead we are requiring that persons who offer or
transport excepted quantities be familiar with the requirements of
173.4a. Small quantity exceptions are separated into the following
three sections:
(1) Section 173.4 for small quantities transported by domestic
highway and rail only;
(2) Section 173.4a for excepted quantities transported by aircraft
and vessel; and
(3) Section 173.4b for de minimis quantities of material (less than
1 gram for solids and less than 1 milliliter for liquids per inner
packaging) transported by all modes.
In the NPRM, we solicited comments regarding the potential for
confusion and any cost impacts resulting from this change. One
commenter [DGAC] indicates the proposed method is complex and unduly
restrictive. DGAC notes, ``* * * that for the most part the excepted
quantity requirements mirror the existing requirements in Sec.
173.4(a)'' and ``* * * [f]urther, the proposal is disruptive to
multimodal consistency with one set of requirements * * * applicable to
land transport and the other applicable to air and sea transport.''
Additionally, DGAC indicates that the new Sec. 173.4a is more
restrictive that current Sec. 173.4 and sees no safety basis for
imposing these additional restrictions. DGAC recommends against
incorporating the excepted quantities directly into the HMR but rather
to allow domestic transport of excepted quantities under the ICAO TI or
IMDG Code in accordance with authorizations provided in Subchapter C of
Part 171 and recommends revising Sec. 173.4(a)(10) by adding an
alternative to allow transport of small quantities of
[[Page 2220]]
hazardous materials in accordance with excepted quantities provisions
in the ICAO TI.
Another commenter [API] notes that Special Provision A59 continues
to reference Sec. 173.4 even though the section is no longer
applicable to transport by aircraft. Special Provision A59 allows
devices containing ethylene oxide to be transported by aircraft in
accordance with packaging provisions in Sec. 173.4. API recommends
PHMSA revise the language in Special Provision A59 to reference new
Sec. 173.4a for excepted quantities which is applicable to air
transport. API notes this would be consistent with ICAO TI Special
Provision 131 which allows devices containing ethylene oxide to be
transported in accordance with ``excepted quantities'' provisions. We
agree. In this final rule, we are revising Special Provision A59 to
reference the excepted quantities packaging requirements in Sec.
173.4a. We are also making several additional conforming amendments to
other provisions in the HMR to reflect the new Sec. 173.4a. The
sections we are revising are as follows:
--Sec. 172.102, Special Provisions 136, A59, A60;
--Sec. 172.402(d)(1);
--Sec. 172.500(b)(5);
--Sec. 173.24(c)(2); and
--Sec. 175.700(a).
Finally, UPS is concerned that the one-year transition period prior
to prohibiting the air transport of packages of small quantities in
conformance with Sec. 173.4 is insufficient. UPS indicates, ``* * *
This will be a very hard transition for air carriers to enforce, as the
current package marking for a Small Quantity shipment * * * does not
stand out, and therefore cannot easily be identified and rejected by
package handlers.'' UPS adds that it anticipates shippers will continue
to transport small quantities domestically by air according to current
Sec. 173.4 beyond the transition date after which shippers would be
required to conform with Sec. 173.4a. UPS recommends that PHMSA allow
the air transport of small quantities in conformance with Sec. 173.4
for a period of several years to allow for transport of packages filled
prior to the January 1, 2009 effective date until they are used up. We
disagree. The current provisions of Sec. 173.4 require a marking
certifying conformance with the section. This certification requirement
signifies knowledge of the requirements of the section even though
training is not prescribed. We expect shippers benefiting from the
exceptions provided in Sec. 173.4 to take steps to ensure awareness of
any changes that may be made to the requirements of the section and to
respond accordingly, just as we would expect air carriers to be
diligent in their acceptance practices with regard to small quantities
prepared under Sec. 173.4 even though training is not required. We
believe a one-year transition period is sufficient for air shippers and
air carriers to make necessary changes and conform to the revised
requirements of Sec. 173.4. Therefore, in this final rule, we are not
revising the transition date for small quantities transported in
accordance Sec. 173.4. However, we are revising the certification
marking in Sec. 173.4(a)(10) to communicate that the packages prepared
in conformance with the section may only be transported domestically by
highway or rail. Also, to further clarify, where domestic transport by
highway or rail is impractical, materials must be transported in
conformance with the requirements for excepted quantities in Sec.
173.4a.
Two commenters [DGAC, FCC] express disappointment that we did not
include fuel cell cartridges as part of the small quantity exceptions
in Sec. 173.4. FCC notes, ``* * * We see no safety basis for
precluding use of the small quantity exception provision for fuel cells
* * *'' Both DGAC and FCC recommend not adopting this amendment. While
we considered extending the allowance for fuel cell cartridges to the
excepted quantity provisions this would create a confusing
inconsistency with the ICAO TI. Fuel cell cartridges by design offer a
high degree of integrity and may contain a relatively small amount of
hazardous material. Therefore, we believe the relative hazard
associated with surface transportation of these materials is minimal.
In this final rule we will permit fuel cell cartridges to be
transported by highway or rail in accordance with the small quantity
exceptions in Sec. 173.4.
One commenter [UPS] notes a concern that packages of materials
shipped as de minimus quantities could be misunderstood as undeclared
shipments by carriers processing damaged or stray packages. UPS
recommends that PHMSA require a marking on the package to certify
conformance with the de minimus exceptions section. We disagree. Based
on our determination that de minimus materials do not pose an
unreasonable risk to health and safety or property, we do not believe a
hazard communication marking is necessary. Therefore, in this final
rule, we are adopting the new Sec. 173.4b as proposed.
Sections 173.12 and 173.134
Section 173.12 establishes exceptions for shipments of waste
materials. Section 173.134 establishes definitions, classification
criteria, and exceptions for Division 6.2 materials (infectious
substances). Under the Docket HM-218D final rule, we added a new
paragraph (f) in 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. One commenter [Regulatory
Resources Inc.] expresses concern that this amendment was too broad and
would allow entities such as large hotels undergoing renovation to
offer their waste, including hazardous materials, for transportation as
non-regulated materials. This was not our intention. In an effort to
reduce confusion, we are revising these two sections to specify that
household waste is not subject to the HMR when transported in
accordance with applicable state, local, or tribal requirements.
Section 173.24b
Section 173.24b establishes additional general requirements for
bulk packagings. In this final rule, we are adding a new paragraph to
clarify that IBCs and Large Packagings that are not designed and tested
for stacking may not be stacked during transportation. In addition, we
are clarifying that IBCs and Large Packagings that are intended for
stacking may not have more weight superimposed upon them than is marked
on the packaging.
Section 173.62
Section 173.62 establishes specific packaging requirements for
explosives. We received a petition (P-1505) from the Sporting Arms &
Ammunition Manufacturers' Institute (SAAMI) requesting that PHMSA
include a new proper shipping name ``Powder, smokeless,'' UN0509, in
the Sec. 172.101 HMT and add the new entry to the explosives assigned
Packaging Instruction 114(b) in Sec. 173.62. In its petition, SAAMI
states that the UN Sub-Committee of Experts (UNSCOE) on the Transport
of Dangerous Goods adopted a proposal by SAAMI to add the new entry to
its Dangerous Goods List and a related change to the packing provisions
in the UN Recommendations.
Typically, we harmonize with the UN following the formal adoption
of a
[[Page 2221]]
proposal into the published version of the UN Recommendations. However,
because of the limited scope of this amendment and because the new
entry allows for a more accurate classification of smokeless powder, we
are amending Sec. 173.62 to include a new entry UN0509 to the
Explosives Table, which specifies the Packing Instruction assigned to
each explosive, and adding a reference to the new entry in Packing
Instruction 114(b). We also are including a ``D'' in column 1 of the
table entry to designate that the entry is appropriate for domestic use
but may not be appropriate for international transportation. Following
the adoption of the entry within the IMDG Code and the ICAO TI, this
indication would no longer be necessary. It is our intention to remove
the ``D'' in a future rulemaking consistent with the adoption of the
entry within the aforementioned international regulations.
Additionally, consistent with our addition to add new entry 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 are revising this
instruction to specify that, for UN0508, inner packagings are not
required if drums are used as the outer packaging. We also are adding a
new sentence under Packing instruction 114(b) to prohibit metal
packagings for UN0508. In addition, we are clarifying that inner
packagings are not necessary if drums are used as the outer packaging
for UN0160 and UN0161.
Section 173.115
The HMR define a Division 2.2 material (non-flammable, nonpoisonous
compressed gas--including compressed gas, liquefied gas, pressurized
cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing
gas) as any material or mixture that ``exerts in the packaging an
absolute pressure of 280 kPa (40.6 psia) or greater at 20[deg] (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 ambient
pressures and temperatures may exhibit a pressure hazard under
conditions normally encountered in transport, such as increased
temperature. In addition, the pressure of a Division 2.2 gas was
amended to be 200 kPa gauge (29 psig). In order to enhance safety and
to maintain global uniformity with respect to the classification of
Division 2.2 gases, we are adopting these amendments. With respect to
the revised pressure limit, for the convenience of the reader the
pressure is now expressed as both gauge pressure and absolute pressure.
In order to enhance safety and to maintain global uniformity with
respect to the classification of Division 2.2 gases, we are adopting
these amendments. Additionally, we are re-designating current paragraph
(k) as a new paragraph (l). The new paragraph (k) would read ``For
Division 2.2 gases, the oxidizing ability shall be determined by tests
or by calculation in accordance with ISO 10156:1996 and ISO 10156-
2:2005 (IBR, see Sec. 171.7 of this subchapter.)'' This revision
requires the use of specific test and calculation methods for a more
accurate determination of the oxidizing ability of Division 2.2 gases.
Additionally, we are revising 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 final rule, we are adding a note to
clarify that an additional test on the second material is not required
when the initial test on either steel or aluminum indicates the
material is corrosive.
Sections 173.162, 173.164, 173.166, 173.186, 173.306, and 173.307
The ICAO TI recently adopted new amendments to require additional
information to be included on the air waybill for certain hazardous
materials. Currently, a number of hazardous materials are excepted from
the full regime of the hazard communication requirements that generally
apply to the transport of hazardous materials in the ICAO TI when
certain conditions are met to ensure an appropriate level of safety. An
example is articles containing not more than 100 mg of mercury, gallium
or an inert gas, which are excepted if certain conditions specified in
Special Provision A69 of the ICAO TI are met. Frequently, the ICAO TI
contain more restrictive or additional requirements and conditions that
apply for air transportation. The special provisions that address these
requirements contain packaging provisions, prohibitions, and exceptions
from requirements for particular quantities or forms of materials. To
enable air carriers to ascertain that a shipment conforms to applicable
requirements, in the July NPRM, we proposed to adopt a number of
amendments consistent with recently adopted amendments in the ICAO TI.
Specifically we proposed to require the shipper to include on the air
waybill accompanying a shipment an indication that a hazardous material
or article has met the applicable conditions for transport. We stated
that this indication would allow freight forwarders and operators to
verify that the shipper is aware of, and has complied with, the
applicable regulatory requirements. Additionally, we stated that it
would reduce the likelihood of unnecessary carrier delays through
improved communication.
As discussed earlier in this preamble, a number of commenters
oppose this proposal. For example, commenters oppose the certification
provisions because the HMR do not specifically require an air waybill
and express concern that the proposed certification requirement means
that all air shipments must now be accompanied by a waybill. Commenters
also note that use of an air waybill is not standard across the air
carrier industry, and that the industry is moving towards a paperless
system for shipments. In addition, commenters state that in many cases
the carrier or the freight forwarder prepares the air waybill; these
commenters thus disagree with PHMSA's premise that including
certification on an air waybill allows a carrier or freight forwarder
to verify that the shipper has complied with applicable requirements.
Commenters also suggest that we significantly under-estimated the
paperwork burden that would result from implementation of the proposed
certification requirement.
Based on our review of comments and on past history of safe
transportation of these excepted materials, in this final rule, we are
not adopting the requirement as proposed. We will continue to review
the merits of the proposal and may reconsider the proposed amendments
or a similar revised amendment for a future rulemaking.
Section 173.168
Section 173.168 establishes the requirements for the transportation
of chemical oxygen generators. A chemical oxygen generator that is
transported with a means of initiation attached must be approved prior
to shipment. This approval requirement applies to chemical oxygen
generators with either an explosive or non-explosive means of
initiation attached. As currently drafted, it appears that the
requirement to obtain an approval applies only to oxygen generators
with an explosive means of initiation. In this final rule, we are
revising paragraph (a) to clarify the
[[Page 2222]]
approval requirements for a chemical oxygen generator.
Section 173.196
Section 173.196 establishes packaging requirements for Category A
infectious substances. In this final rule, we are revising paragraphs
(a)(1) and (a)(2) by replacing the word ``watertight'' with
``leakproof.'' These proposed revisions are consistent with
international regulations. No substantive changes to the packaging
requirements are intended by this wording change.
Section 173.206
In this final rule, we are adding 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 addition of
new packaging Sec. 173.206 are as follows:
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Section 173.222
Section 173.222 specifies the requirements for dangerous goods in
machinery or apparatus. Paragraph (c) of this section specifies the
total net quantity limits contained in one item of machinery or
apparatus. Consistent with the ICAO TI, we are revising this section to
prohibit Division 2.2 gases with subsidiary risks and refrigerated
liquefied gases for transportation by aircraft as dangerous goods in
machinery or apparatus.
Section 173.225
Section 173.225 specifies packaging requirements and other
provisions for organic peroxides. When the 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
final rule, we are amending the Organic Peroxides Tables by adding new
entries, revising current entries, and adding new Notes ``29,'' ``30,''
and ``31'' following the Organic Peroxides Table. New Note ``29''
indicates that specific entries are not subject to the requirements of
this subchapter for Division 5.2. New Notes ``30'' and ``31'' indicate
that for specific entries, organic peroxides with a boiling point
greater than 130 [deg]C (266 [deg]F) or available oxygen less than or
equal to 6.7% are acceptable. We are also adding new entries to the
Organic Peroxide IBC Table in paragraph (e) of this section.
The following entries in the Organic Peroxides Table are being
amended:
UN3101 tert-Amyl peroxy-3,5,5-trimethylhexanoate
UN3117 Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in
water]
The following entries are added to the Organic Peroxides Table:
UN3119 tert-Amyl peroxyneodecanoate
UN3119 tert-Amyl peroxypivalate
UN3106 tert-Butyl peroxy 3,5,5-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'' is added following the Organic Peroxides Table to
read: ``Diluent type B with boiling point > 130 [deg]C (266 [deg]F).''
A new ``Note ``31'' is added following the Organic Peroxides Table
to read: ``Active oxygen <= 6.7%.''
The following entries are being revised or added to the Organic
Peroxide IBC Table as follows:
UN3109 tert-Butyl peroxybenzoate, not more than 32% in diluent type A
UN3109 1,1-Di-(tert-butylperoxy)-cyclohexane, not more than 37% in
diluent type A
[[Page 2223]]
UN3119 tert-Amyl peroxypivalate, not more than 32% in diluent type A
UN3119 tert-Butyl peroxyneodecanoate, not more than 52%, stable
dispersion, in water
UN3119 Di-(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'' is being revised, and UN3119 ``tert-Amyl peroxyneodecanoate,
not more than 47% in diluent type A'' is being 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 final rule, we are
editorially revising paragraph (c) to enhance accuracy, reduce
misunderstanding, and provide a more user-friendly format.
Section 173.230
Currently Sec. 173.230 provides regulations for the transportation
of fuel cell cartridges containing flammable liquids. As portable
electronic devices continue to evolve, developers of fuel cell
cartridge technologies are considering various types of fuel sources to
meet increasing power demands. Provisions addressing these other fuel
types have already been adopted in the Fifteenth revised edition of the
UN Recommendations, the ICAO Technical Instructions and the IMDG Code.
Additionally, we received petitions from HMT, L.L.C. (P-1517) and the
U.S. Fuel Cell Council (P-1518) requesting that we align the HMR
provisions for fuel cell systems and cartridges with international
standards. Consistent with several of PHMSA's strategic goals of
ensuring safety and advancing technology solutions to support energy
independence and environmental protection, we are adding four new
proper shipping names to the HMT to describe the range of fuel used in
fuel cell cartridges: ``Water-reactive substances,'' UN3476;
``Corrosive substances,'' UN3477; ``Liquefied flammable gas,'' UN3478;
and ``Hydrogen in metal hydride,'' UN3479. These additions will provide
guidance for the safe transportation of fuel cells and will introduce a
greater variety of technology into the global marketplace.
The type of hazard would not be included in the proper shipping
name but, instead, would be identified by the hazard class or division
(e.g., 2.1; 3; etc.). Readers should note that liquefied flammable
gases and hydrogen in a metal hydride are both Division 2.1 materials
used in fuel cell cartridges. However, the provisions necessary for the
safe transportation of these articles are quite different and
therefore, it is necessary to distinguish them with separate shipping
descriptions. In addition, because fuel cell cartridges may contain
hazardous materials of different hazard classes, we are revising Sec.
173.230 to provide a comprehensive section to address the requirements
for all fuel cell cartridges containing hazardous materials as fuel. In
addition, consistent with the ICAO Technical Instructions, in Sec.
175.10, we are expanding the types of fuel cell cartridges permitted in
carry-on baggage by airline passengers and crew members to include
water-reactive substances and hydrogen in a metal hydride. Fuel cell
cartridges permitted for transport by passengers and crew members must
continue to conform to certain rigorous performance criteria outlined
in Sec. 175.10.
One commenter [HMT] requests that we adopt the definition of fuel
cell cartridge or fuel cartridge provided in the Fifteenth edition of
the UN Model Regulations. The commenter notes that the current
definition for fuel cell cartridge or fuel cartridge adopted in a
separate final rule (Docket No. HM-243; 73 FR 23362; April 30, 2008)
does not align with the definition provided in the UN Model
Regulations. The commenter further states that the definition currently
provided in Sec. 171.8 would limit fuel cells to those for micro power
units and would prohibit fuel cells from being refilled by the user.
The commenter states that most hydrogen in metal hydride fuel cell
cartridges are intended to be filled by the user and fuel cell
cartridges intended for military and industrial applications would be
excluded from the current definition of fuel cell cartridge or fuel
cartridge.
We agree with the commenter. The definition in the Fifteenth
edition of the UN Recommendations provides an adequate definition of
fuel cell cartridges and addresses the various applications of this
technology. Therefore, in this final rule we are revising the
definition in Sec. 171.8 for fuel cell cartridge or fuel cartridge
consistent with the definition provided in the Fifteenth edition of the
UN Recommendations.
Two commenters [HMT, FCC] request that we remove the phrase ``be
free of electric charge generating components'' from the last sentence
of paragraph (a). The commenters correctly note this phrase was removed
from the Fifteenth edition of the UN Recommendations when provisions
for fuel cell cartridges were expanded to fuels other than flammable
liquids. HMT suggests the meaning of the requirement is unclear and
appears to have little relevance to fuel cell cartridges containing
non-flammable fuels. We agree with the commenters. The regulations
pertaining to fuel cell cartridges should be clear, enforceable and
consistent with international standards to the extent possible.
Therefore, in this final rule we are removing the phrase ``be free of
electric charge generating components'' from paragraph (a).
Paragraph (d) outlines additional requirements and tests for fuel
cell cartridges containing hydrogen in a metal hydride. HMT suggests
several editorial revisions to the proposed language in paragraph (d)
for consistency with the Fifteenth edition of the UN Recommendations.
We agree; these are minor revisions and will provide greater clarity to
the regulations. Specifically, in this final rule we are clearly
distinguishing between design qualification tests and production tests
and correcting various figures and units of measure.
Paragraph (e) describes the various package configurations
authorized for the transport of fuel cell cartridges. One commenter
[FCC] suggests several revisions to this paragraph for consistency with
the UN Recommendations and the ICAO Technical Instructions. We agree
with the commenter and in this final rule we are revising paragraph
(e)(2) to be consistent with the UN Recommendations and the ICAO
Technical Instructions.
Paragraph (f) outlines additional requirements for the
transportation of fuel cell cartridges by aircraft. HMT and FCC note
that the proposed paragraph (f)(3) is inconsistent with the ICAO
Technical Instructions and request we clarify our intent to only
require fuel cell cartridges and fuel cell systems to comply with IEC
PAS 62282-6-1 Ed. 1 when contained in equipment. We agree with the
commenters and are revising this paragraph consistent with the 2009-
2010 edition of the ICAO Technical Instructions.
Paragraphs (f)(4) and (f)(5) apply to fuel cells cartridges packed
with equipment. One commenter, [HMT] requests we combine paragraphs
(f)(4) and (f)(5) for clarity since both paragraphs apply to fuel cells
cartridges packed with equipment. While we agree with the commenter, we
do not see a reason to restate requirements in
[[Page 2224]]
paragraph (f)(4) that are already stated in paragraph (e)(2)(i). In
this final rule we are deleting the proposed paragraph (f)(4) and the
proposed (f)(5) is now (f)(4). In addition, we are reordering the
remaining paragraphs appropriately.
The ICAO Technical Instructions contain additional provisions
applicable to fuel cell cartridges containing Division 4.3 and Class 8
material. This provision restricts the mass of each fuel cell cartridge
to 1.0 kg (2.2 lbs.) Although this requirement was not proposed, it is
our intention to harmonize to the extent possible with the ICAO
Technical Instructions. Therefore, in this final rule, we are adding
this requirement to paragraph (f)(7) of this section.
Paragraph (f)(8) states fuel cell cartridges intended for transport
in carry-on baggage must also meet the applicable provisions of Sec.
175.10. HMT requests that we revise paragraph (f)(8) to specify only
the requirements of paragraphs (a) through (d) apply in this case since
the additional requirements of paragraphs (e) and (f) would preclude a
passenger from using a fuel cell while on board an aircraft. We agree
with the commenter. The provisions outlined in this section and Sec.
175.10 are intended to permit passengers to safely carry on and use
fuel cell cartridges consistent with their intended use onboard
aircraft. In this final, rule we are revising paragraph (f)(8) to
specify fuel cell cartridges carried by aircraft passengers or
crewmembers are subject to paragraphs (a) through (d) of this section
and the applicable provisions of Sec. 175.10.
Paragraph (g) provides limited quantity exceptions for fuel cell
cartridges. In the NPRM, we proposed to limit the amount of fuel
permitted in the fuel cell cartridge by limiting the capacity of the
reservoir in the fuel cell cartridge. This is consistent with other
limited quantity exceptions outlined in Sec. Sec. 173.150 through
173.154 that limit the size of inner packagings. HMT notes that the UN
Model Regulations specify an authorized quantity limitation based on
the maximum quantity of fuel per cartridge. The commenter requests we
revise the limited quantity exceptions in this paragraph to minimize
the amount of hazardous materials contained in the cartridge consistent
with the UN Recommendations. Although this change would permit slightly
more hazardous material in a fuel cell cartridge for fuel cell
cartridges containing a Class 3, Division 4.3 or Class 8 material, we
believe the additional risk associated with this change would be
negligible, considering the robust nature of fuel cell cartridges and
the design type and production testing that must be conducted prior to
offering fuel cell cartridges for transportation. We agree with the
commenter, and in this final rule, we are revising paragraphs (g)(1),
(2) and (3) to express the quantity limitations based on the quantity
of liquid or solid fuel contained in the article.
Section 173.304(b)
Section 173.304(b) specifies additional requirements for liquefied
compressed gases in UN pressure receptacles. In a final rule published
on June 12, 2006, under Docket PHMSA-2005-17463 (HM-220E) entitled ``UN
Cylinders,'' (71 FR 33858), we adopted the filling limits for liquefied
compressed gases and mixtures in UN pressure receptacles specified in
the UN Recommendations. Based on a review of the P200 filling limits,
we lowered the filling limits for ten gases and added a table under
paragraph (c) in 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 final rule, we are
removing paragraph (c) of Sec. 173.304b in its entirety. Current
paragraphs (d) and (e) are being 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 inner nonrefillable plastic receptacles to keep abreast with
new technology and on the basis that inner nonrefillable plastic
receptacles provide a level of safety equivalent to other authorized
packagings. Although the HMR do not currently allow the transportation
of these plastic receptacles by air, PHMSA has issued several Special
Permits authorizing such transportation with certain restrictions, such
as shipping paper, labeling, marking, and packaging requirements. We
have reviewed these materials from a risk/safety perspective, and based
on an equivalent level of safety determination established by the
Special Permits, and a record of the safe transportation of plastic
receptacles, we are adopting requirements for the construction and use
of plastic containers within the HMR. We believe this amendment will
also enhance international harmonization and provide relief to the
regulated community by reducing the need for Special Permits to
transport these materials. A new aerosol container specification ``2S''
is included in Sec. 173.306, with corresponding requirements as
detailed in a new Sec. 178.33b. One commenter [P&G] expresses support
for the allowance of limited quantities of Division 2.2 materials with
no subsidiary hazard to be transported in plastic containers and also
provides recommendations for the testing and material requirements of
these packagings [See discussion under Sec. 178.33b]. The same
commenter [P&G] suggests alternatives to the hot water bath tests for
leak detection for both plastic and metal aerosol containers.
Specifically, the commenter requests that we modify the hot water bath
test protocol to permit a reduction in temperature if the receptacles
are made of a plastic material that softens at higher temperatures. As
noted in the NPRM, we proposed to add Sec. 173.306(a)(5) to allow an
alternative hot water bath test for aerosol dispensers made of plastic
materials which soften at higher temperatures. We received no
additional comments opposing this proposal; therefore, in this final
rule, we are adopting this proposal without change.
We are also revising paragraph (j) to require the consignor to
include on an air waybill or other shipping documentation an indication
that a hazardous material or article has met the applicable conditions
for air transport. This indication will allow freight forwarders and
operators to verify that the consignor is aware of, and has complied
with, the applicable regulatory requirements.
Section 173.307
Section 173.307 specifies exceptions for compressed gases. The ICAO
TI have Special Provision (A69) excepting from regulation articles
containing minimal amounts of gallium, mercury, or inert gas. Based on
a review that indicated the special provision was not assigned
appropriately among all inert gases, ICAO proposed to assign the
special provision to all the inert gases concerned. The HMR do not
currently have a similar provision for inert gases, although the HMR
have the same exception for articles containing gallium or mercury in
Sec. Sec. 173.162 and 173.164, respectively. Rather than adding a new
special provision, we are adding to this section a general exception
for articles containing inert gas. This exception specifies that
manufactured articles or apparatuses, each containing not more than 100
mg of inert gas and packaged so that the quantity of inert gas per
package does not exceed 1 g, are not subject to the HMR.
[[Page 2225]]
Section 173.322
Section 173.322 establishes specific packaging requirements for
ethyl chloride (UN1037). Recently, PHMSA became aware of an incident
involving an aluminum compressed gas cylinder containing ethyl
chloride. The investigation of this incident suggests the possibility
that a reaction occurred within the aluminum cylinder as a result of
the incompatibility between the ethyl chloride gas and the aluminum
cylinder. The HMR currently prohibit the transportation of ethyl
chloride in UN pressure receptacles constructed of aluminum alloy but
have no such prohibition for specification cylinders. To address this
occurrence, in this final rule, we are revising this section to
prohibit the filling of specification cylinders made of aluminum alloy
(e.g., DOT 3AL) with ethyl chloride.
Part 175
Section 175.10
Section 175.10 establishes exceptions for the transportation of
certain hazardous materials by aircraft, including hazardous materials
that may be carried by passengers or crewmembers in checked or carry-on
baggage. In this final rule, we are revising the exception for dry ice
in paragraph (a)(10) to clarify that dry ice carried in both carry-on
and checked baggage is subject to the approval of the aircraft
operator.
We are also revising Sec. 175.10(a)(15) to clarify that when the
battery is disconnected, the battery terminals must also be protected
to prevent short circuits. (See discussion under ``Amendments to
Enhance the Safe Transportation of Batteries and Battery-Powered
Devices'' of this rulemaking.) In response to the proposals in the NPRM
pertaining to this section, one commenter [URS] points out a
discrepancy in terminology in reference to exceptions for passengers,
crewmembers, and air operators under Sec. 175.10. URS notes that under
Sec. 175.10(a)(17), PHMSA uses the terminology ``consumer electronic''
to describe devices powered by lithium batteries carried on board an
aircraft, whereas under revised Sec. 175.10(a)(18), PHMSA use the
terminology ``portable electronic'' to describe the same types of
devices but powered by fuel cell cartridges and carried on board an
aircraft. The commenter requests PHMSA replace ``consumer electronic
and medical'' with ``portable'' for consistency between the two
exceptions. We agree, and in this final rule, we are revising Sec.
175.10(a)(17) to indicate ``portable electronic devices.''
As noted under the discussion in Sec. 173.230, we are revising
paragraph (a)(18) to expand the types of fuel cell cartridges permitted
in carry-on baggage by airline passengers and crew. Fuel cell
cartridges permitted for transport by passengers and crewmembers must
continue to conform to the rigorous performance criteria outlined in
Sec. 175.10.
Finally, we are revising paragraph (a) and adding a new paragraph
(c) to specify that the 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 adopting several amendments to strengthen and clarify
these requirements, harmonize with international standards, and address
a recommendation of the NTSB from a 2006 incident.
On February 7, 2006, United Parcel Service Company (UPS) flight
1307, landed at its destination, Philadelphia International Airport,
after a cargo smoke indication in the cockpit. The crewmembers
evacuated the aircraft upon landing and sustained minor injuries. The
aircraft and most of the cargo, however, were destroyed. In its
investigation of the incident, the NTSB determined that UPS personnel
were able to retrieve the notice to captain (NOTOC), which contained
information on the hazardous materials on board the airplane. However,
NTSB also determined that personnel did not provide emergency
responders with detailed information about the hazardous materials on
board the aircraft in a timely manner, and such a delay could have
potentially created a safety hazard. As a result of its findings, NTSB
recommended that PHMSA ``require aircraft operators that transport
hazardous materials to immediately provide consolidated and specific
information about hazardous materials on board an aircraft, including
proper shipping name, hazard class, quantity, number of packages, and
location to 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. Therefore, in the
NPRM, we proposed to revise paragraph (c)(4) of this section to require
aircraft operators that transport hazardous materials to provide
immediate and specific information about hazardous materials on board
an aircraft, including proper shipping name, hazard class, quantity,
number of packages, and location, to on-scene emergency responders in
the event of an accident or incident.
One commenter [ALPA] does not support the proposal to require
aircraft operators that transport hazardous materials to provide
immediate and specific information about hazardous materials on board
an aircraft, including proper shipping name, hazard class, quantity,
number of packages, and location, to on-scene emergency responders in
the event of an accident or incident. ALPA states, ``* * * we are
concerned that the proposed wording in the current rulemaking effort is
not specific enough in how the information is to be provided to first
response personnel, or in what is considered immediate notification.''
ALPA expresses concern that operators will task a flight crew with
providing the information on the NOTOC to emergency responders during
an incident when the flight crew's focus should be on safely evacuating
an aircraft. ALPA recommends that PHMSA require operators to find a
method of providing the required information to emergency responders
without involving the flight crew.
We acknowledge ALPA's concern with involvement of the flight crew
and as indicated previously in the preamble to Docket HM-206C, in an
emergency situation, retrieval of the information from the flight crew
may not be practical during an in-flight emergency because the flight
crew may be attending to more pressing tasks. However, we believe the
method for providing immediate notification to emergency responders is
best determined by the operators. Therefore, in this final rule, we are
adopting the revision as proposed.
In response to a FedEx petition, [P-1490], in the NPRM, we also
proposed to revise Sec. 175.33(a)(1)(i) to remove the requirement that
the type of package must be included on the notification of
[[Page 2226]]
pilot-in-command. Three commenters [FedEx, IPA, UPS] indicate support
for our proposal to remove the requirement to include the type of
packaging on the notification of pilot-in-command. One commenter [IPA]
requests that PHMSA require special notice to the flight crew through
the notification of pilot-in-command any time cargo aircraft only
hazardous material is loaded in an inaccessible location. We disagree.
The notification of pilot-in-command requirements already require
information on the loading location of packages aboard aircraft and
confirmation that the package must be carried only on cargo aircraft if
its transportation aboard passenger-carrying aircraft is forbidden, in
Sec. 175.75(a)(4) and (a)(9), respectively. We did not receive other
comments opposing this proposal; therefore, in this final rule, we are
removing the requirement as proposed.
In addition, for consistency with international regulations, in the
NPRM, we proposed to add a new paragraph (a)(11) to specify that for
``Carbon dioxide, solid (dry ice),'' UN1845, only the UN number, proper
shipping name, class, total quantity, exact location aboard the
aircraft, and the airport at which the package(s) is to be unloaded
need be provided.
Two commenters [Omni, UPS] express concern regarding the language
provided in new paragraph (a)(11). Specifically, Omni, notes that ``* *
* In the proposed language to be added relative to UN1845 * * * the
aircraft operator is required to provide the exact location aboard the
aircraft.'' Omni requests clarification of the meaning of ``exact
location'' because the language is not the same for the requirement to
inform the pilot-in-command of the location of the packages aboard
aircraft required for other hazardous materials, and urges PHMSA to
remove the word ``exact'' from the requirement. UPS points out an
inconsistency with the ICAO TI by indicating, ``* * * ICAO has
determined to allow the dry ice information to be aggregated for each
hold in an aircraft, not just the loading position.'' UPS recommends
that PHMSA revise the language to be consistent with ICAO TI. The ICAO
TI requires the ``total quantity in each hold on the aircraft.'' This
is different in meaning from the ``exact location'' as written in the
NPRM in that, as UPS points out, an aircraft hold encompasses several
loading locations.
We agree with the commenters, the use of the word ``exact'' is
inconsistent with the provision to provide the location of packages
under Sec. 175.33(a)(4) and the provision for ``dry ice'' added to the
ICAO TI. Therefore, we are revising the language by removing the word
``exact'' from paragraph (a)(11).
Another commenter [COSTHA] requests that we clarify paragraph
(a)(11) to indicate the provision applies only when notification of
pilot-in-command is required because not all shipments of ``dry ice''
are subject to the notification of pilot-in-command requirements (see
Sec. 172.217(c)(5)). We agree with the commenter that not all
shipments of ``dry ice'' require notification, but we disagree that a
clarifier is needed for new paragraph (a)(11). The paragraph (a)
introductory text already indicates that the section applies to
hazardous materials subject to the provisions of the HMR that are
carried in an aircraft. If a shipment of dry ice is excepted from all
other requirements of the HMR under Sec. 173.217(c)(5), the shipper of
dry ice does not need to consult Sec. 175.33 for air shipping paper
and notification of pilot-in-command requirements as these requirements
no longer apply.
Section 175.75
Section 175.75 specifies the requirements for quantity limitations
and cargo locations for hazardous materials transported by aircraft.
With few exceptions, paragraph (d) requires each package containing a
hazardous material acceptable only for cargo aircraft to be loaded in
such a manner that a crew member or other authorized person can access,
handle and when size and weight permit, separate such packages from
other cargo during flight. To increase flexibility in these stowage
requirements, in the NPRM we proposed to expand this requirement to
allow for the stowage of these materials in inaccessible cargo
compartments, provided the compartment has an FAA-approved fire or
smoke detection system and a fire-suppression system.
Five commenters [FedEx, IPA, NACA, Omni, UPS] support our proposal
to allow the loading of cargo aircraft only hazardous materials in a
cargo compartment that has an FAA-approved fire or smoke detection and
a fire-suppression system. However, several commenters request
clarification of the regulatory language and recommend revisions or
additional changes. UPS is concerned that the proposed language to
require an FAA-approved fire or smoke detection and a fire-suppression
system is inconsistent with ICAO TI because it may allow for an FAA-
approved system that is not identical to the certification requirements
for a Class C compartment. The commenter notes ``* * * In the Technical
Instructions, the new provision will refer specifically to Class C
compartments.'' We disagree. The FAA defines a Class C cargo
compartment as a compartment in which there is a separate approved
smoke detector or fire detector system to give warning at the pilot or
flight engineer station and there is an approved built-in fire
extinguishing or suppression system controllable from the cockpit. An
FAA-approved system would be a system meeting the requirements for a
Class C compartment as certified by FAA. Secondly, with regard to the
use of freight containers, the ICAO TI allow for variation in the type
of system as long as the system is ``equivalent to that required by the
certification requirements for a Class C aircraft cargo compartment as
determined by the appropriate national authority.'' However, we believe
clarification of the language is beneficial, and, in this final rule,
we are revising Sec. 175.75(d) to reference Class C cargo compartment
requirements specified in the FAA cargo compartment requirements in 14
CFR 25.857. Additionally, based on a recommendation from Omni to be
more consistent with ICAO TI, we are also adding a provision to Sec.
175.75(d) for the use of an FAA-certified freight container which has
an approved fire or smoke detection system and fire suppression system
equivalent to a Class C aircraft cargo compartment.
Two commenters [UPS, FedEx] request clarification whether packages
eligible for carriage aboard passenger aircraft should also be allowed
to be loaded in an inaccessible Class C cargo compartment on a
passenger aircraft, and whether any weight limitations should be
applied to packages authorized for passenger aircraft that are loaded
in a Class C cargo compartment on a cargo aircraft. FedEx indicates,
``* * * We do not believe it was PHMSA's intent to prohibit DG
acceptable for Passenger Aircraft from also being loaded [in an]
inaccessible [compartment] provided the compartment has an FAA-approved
fire or smoke detection system and a fire-suppression system.'' FedEx
suggests revising Sec. 175.75(c) to accommodate loading in
inaccessible cargo compartments aboard passenger aircraft and notes
that this would also require a revision of the tables in Sec.
175.75(e). In its comments, UPS suggests that the proposed requirements
would place no limit on the amount of cargo aircraft only hazardous
materials that can be loaded in an inaccessible compartment provided
the compartment meets the certification requirements for a Class C
[[Page 2227]]
compartment. UPS adds, ``* * * in light of the changes proposed for
loading CAO shipments, the unlimited loading of [packages authorized
for passenger aircraft] in Class C cargo compartments seems both
reasonable and justified.'' UPS recommends PHMSA also revise Sec.
175.75(c) to except packages authorized for passenger aircraft and
loaded in Class C cargo compartments from the net weight limitations
and revise the table in Sec. 175.75(e) to reflect any changes made in
paragraphs (c) and (d).
We acknowledge UPS' comments and will work with FAA to consider
revisions to the table in a future rulemaking. However, in this final
rule, we are revising the introductory language to the quantity and
loading tables to clarify that loading cargo aircraft only packages in
conformance with paragraph (d) of Sec. 175.75 is considered accessible
for quantity limit purposes of the table in Sec. 175.75(f).
One commenter [Omni] believes consideration should be given to
eliminate the restriction to limit the net weight of hazardous
materials loaded in an inaccessible manner to 25 kg with an additional
75 kg of Division 2.2. Based on comments we received under Docket HM-
228 (71 FR 14586; March 22, 2006), we determined such a restriction is
necessary for the safety of cargo aircraft transporting hazardous
materials, and that greater quantities of hazardous materials in
inaccessible compartments on cargo aircraft would unnecessarily
compound a situation faced by the crew in an unrelated fire. Therefore,
we did not adopt a proposal to eliminate the restriction.
One commenter [NACA] supports our proposal for all materials except
Class 8 corrosive materials. NACA states, ``* * * A leaking corrosive
substance would then not be discovered until substantial damage has
possibly been done to the aircraft and/or other cargo. We disagree. The
suggestion to restrict a class of hazardous material from being loaded
in an inaccessible cargo compartment may have merit but is beyond the
scope of this rulemaking. We did not propose any restrictions on
classes of hazardous materials that can be loaded in accordance with
Sec. 175.75(d).
Finally, for clarity and greater understanding of the quantity
limitations and cargo location requirements in Sec. 175.75, we are
revising this section by re-designating paragraph (e)(5) to new
paragraph (f) to indicate the Quantity and Loading Tables are a
``stand-alone'' summary of the requirements found in paragraphs (a)
through (e).
Section 175.88
Section 175.88 specifies the requirements for the inspection,
orientation and securing of packages of hazardous materials transported
by aircraft. In the NPRM, we proposed to revise paragraph (c) to
specify that packages of hazardous materials must be secured at all
times in an aircraft in a manner that will prevent shifting or prevent
a change in the position of the packages in the cargo compartment. Two
commenters [COSTHA, Omni] support our proposal to specify that packages
of hazards materials aboard aircraft must be secured at all times.
However, COSTHA requests that we clarify paragraph (c) pertaining to
the meaning of the provision to require securing of packages in a
manner to prevent a change in position of the packages. The commenter
believes the use of the term ``position'' is unclear and can be
misinterpreted to mean the location of the package rather than its
orientation. The commenter recommends that PHMSA revise the language to
be more consistent with the language in the ICAO TI. We agree that the
use of the term may be confusing, and therefore, for clarity and
greater consistency with ICAO TI, in this final rule, we are revising
paragraph (c) to clarify that packages containing hazardous materials
must be secured at all times in an aircraft in a manner that will
prevent any shifting or any change in the orientation of the packages.
Part 176
Section 176.2
Section 176.2 establishes definitions specific to the
transportation of hazardous materials by vessel. In this final rule, we
are editorially revising the definition for ``Commandant'' to update a
routing designation.
Section 176.3
Section 176.3 establishes requirements for shipments of hazardous
materials that are unacceptable for transportation by vessel, and
requires compliance with parts 172 and 173 of the HMR. In this final
rule, we are specifying that compliance with subpart C of part 171 is
also required.
Section 176.84
Section 176.84 establishes requirements for stowage and segregation
for cargo vessels and passenger vessels. Consistent with revisions for
certain materials in the HMT, we are removing stowage codes ``134,''
``139,'' and ``140,'' and adding a new stowage code ``145.'' Stowage
code 140 is assigned to ``Aluminum alkyl halides, liquid,'' UN3052, and
``Aluminum alkyl halides, solid,'' UN3461. Both of these shipping
descriptions are being removed consistent with the adoption of
appropriate generic organometallic entries. Stowage code ``139''
provides instruction to ``stow `separated from' mercury salts.'' The
provision is a duplication of stowage code ``70,'' and both codes are
assigned to the entry ``1,4-Butynediol,'' UN2716. Additionally, stowage
code ``139'' is only assigned to this specific entry. Therefore, we are
removing stowage code ``139.'' Stowage code ``140'' provides
instruction to ``stow `separated from' UN3052 and UN3461,'' which are
identification numbers for aluminum alkyl halides in liquid and solid
form, respectively. These entries are being removed in this final rule.
Consistent with the removal of these UN numbers from the hazardous
materials table, we are removing stowage code ``140.'' Stowage code
``145'' provides instruction to ``stow `separated from' ammonium
compounds except for UN1444.'' The stowage code is assigned to
``Potassium persulfate,'' UN1492, and ``Sodium persulfate,'' UN1505.
These materials may form explosive mixtures with ammonium compounds;
however, they do not react dangerously or form explosive mixtures when
in contact with ``Ammonium persulphate,'' UN1444. Finally, in order to
fully align the HMR with the IMDG Code, a new vessel stowage code
``146'' is being added to specify that, ``Category B stowage applies
for unit loads in open cargo transport units.'' The new vessel stowage
code ``146'' is assigned to ``Batteries, wet, filled with acid,
electric storage,'' UN2794 and ``Batteries, wet, filled with alkali,
electric storage,'' UN2795 in column (10B) of the HMT.
Section 176.172
Section 176.172 establishes the structural serviceability
requirements for freight containers and vehicles carrying Class 1
(explosive) materials on vessels. The IMDG Code, as recently amended,
establishes similar requirements; however, unlike the HMR, the IMDG
requirements expressly except containers carrying Division 1.4
explosives. Under the HMR, as provided in 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
[[Page 2228]]
Division 1.4 explosives are of a comparatively lower risk relative to
1.1, 1.2, and 1.3 explosives, the structural serviceability
requirements, like an accompanying certification, become
correspondingly less valuable as a safety control. Therefore, in this
final rule, we are amending paragraph (a) of this section for
consistency with the requirements of the IMDG Code, by excluding
freight containers containing Division 1.4 explosive materials from the
structural serviceability requirements.
Part 178
Section 178.33b
As noted in the discussion under Sec. 173.306, we are adding a new
section to define the design, construction, and testing requirements
for inner nonrefillable plastic containers for aerosols. Specifically,
we are adding a new 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 inner nonrefillable plastic receptacles.
One commenter [P&G] requests we amend the drop test criteria in
Sec. 178.33b-7 to specify that the container should not be dropped on
the valve. We acknowledge the commenter's concern about impacting and
possibly damaging the valve during the drop test. Therefore, we are
amending Sec. 178.33b-7 to specify that orientation of the test
containers at drop is statistically random, but that direct impact on
the valve or valve closure is to be avoided. We received no additional
comments opposing these proposals; therefore, in this final rule, we
are adopting these proposals without further change.
In addition, this same commenter requests that we permit the use of
recycled plastics in plastic containers. We disagree. We do not believe
that the use of recycled plastic in plastic containers ensures the
quality of the material. In addition, we believe that the design
qualification testing of the containers will not be representative of
the production containers if each batch of plastic is unknown.
Therefore, we are adopting without change, these requirements as
proposed in the NPRM.
Section 178.502
Section 178.502 establishes the identification codes for marking
packagings to certify conformance with UN performance standards. We are
including a note at the end of this section to indicate that plastic
materials include other polymeric materials such as rubber and, thus,
the code used to designate plastic packagings may also be used for
packagings constructed of other polymeric materials.
Section 178.703
Section 178.703 establishes marking requirements for IBCs. We are
including an additional marking requirement to specify the maximum
permitted stacking load applicable when an IBC is in use, with a
transition date until January 1, 2011. The symbol must be not less than
100 mm (3.9 inches) 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.
One commenter [American Trucking Associations] strongly supports
our proposal to add a marking requirement to indicate whether or not an
IBC is capable of being stacked and to include the maximum permitted
stacking load applicable. However, the commenter recommends that the
marking be used for all packagings that have stacking restrictions.
Additionally, the commenter recommends that we shorten the transition
period for use of the new marking to 90 days following the effective
date for newly manufactured and remanufactured packagings, and require
an effective date on or before January 1, 2011 for all other
packagings.
We disagree. PHMSA did not propose to include the marking for all
packagings subject to stacking restrictions. Additionally, we believe
the January 1, 2011 date provides an adequate transitional period for
use of the new stacking marking. Therefore, in this final rule, we are
adopting the stacking symbol marking for IBCs as proposed, and
clarifying the language to clarify the instructions for use of the
marking.
Section 178.801
Section 178.801 establishes general requirements for the testing of
IBCs. For clarification, in this final rule, we are adding a sentence
to paragraph (f) to specify that the IBC must be fitted with the
primary bottom closure during production testing and inspection.
Section 178.810
Section 178.810 establishes the requirements for a drop test
conducted for the qualification of all IBC design types. In this final
rule, we are revising the criteria in paragraph (e) for passing the
drop test to specify that no damage is permitted which renders the IBC
unsafe to be transported for salvage or for disposal, or results in a
loss of contents. In addition, we are revising this paragraph to
specify that the IBC must be capable of being lifted by an appropriate
means until clear of the floor for five minutes.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This final rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, as discussed
in detail above, the final rule amends the HMR to more fully align them
with the biennial updates of the UN Recommendations, the IMDG Code and
the ICAO TI; this will facilitate the transport of hazardous materials
in international commerce.
Harmonization serves to facilitate international transportation; at
the same time, harmonization promotes the safety of people, property,
and the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated public.
Thus, as explained in the corresponding sections above, we are not
adopting harmonization with certain specific provisions of the UN
Recommendations, the IMDG Code, and the ICAO TI. Moreover, we are
maintaining a number of current exceptions for domestic transportation
that should minimize the compliance burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable,
[[Page 2229]]
regulations governing the transportation of hazardous materials in
commerce are consistent with standards adopted by international
authorities. This rule amends the HMR to maintain alignment with
international standards by incorporating various amendments to
facilitate the transport of hazardous material in international
commerce. To this end, as discussed in detail above, the rule
incorporates changes into the HMR based on the Fifteenth revised
edition of the UN Recommendations, Amendment 34 to the IMDG Code, and
the 2009-2010 ICAO TI, which become effective January 1, 2009. The
continually increasing amount of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. The final rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034]. This
final rule applies to offerors and carriers of hazardous materials,
such as chemical manufacturers, chemical users and suppliers, packaging
manufacturers, distributors, battery manufacturers, radiopharmaceutical
companies, and training companies. Benefits resulting from the adoption
of the amendments in this final rule include enhanced transportation
safety resulting from the consistency of domestic and international
hazard communications and continued access to foreign markets by U.S.
manufacturers of hazardous materials.
The majority of amendments in this final rule should result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America.
We propose a one-year transition period to allow for training of
employees and to ease any burden on entities affected by the
amendments. The total net increase in costs to businesses in
implementing the final rule is considered to be minimal. Initial start-
up and inventory costs would result from these changes; however, the
costs would be offset by greater 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 final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements but does
not propose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects, as follows:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses covered subject items (1), (2), (3), (4)
and (5) above and preempts State, local, and Indian tribe requirements
not meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2009. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulations. The changes in this final rule are intended to avoid this
result. Federal hazardous materials transportation law provides at
section 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
The effective date of Federal preemption is April 14, 2009.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. This final rule applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
users and suppliers, packaging manufacturers, distributors, battery
manufacturers, and training companies. As discussed above, under
Executive Order 12866, the majority of amendments in this final rule
should result in cost savings and ease the regulatory compliance burden
for shippers engaged in domestic and international commerce, including
trans-border shipments within North America.
Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes affected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential
[[Page 2230]]
impacts of draft rules on small entities are properly considered.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it displays a valid OMB
control number.
PHMSA currently has approved information collections under OMB
Control Number 2137-0034, ``Hazardous Materials Shipping Papers and
Emergency Response Information'' with 6,500,834 burden hours, and an
expiration date of May 31, 2011; and OMB Control Number 2137-0039,
``Hazardous Materials Incidents Reports'' with 23,746 burden hours, and
an expiration date of August 31, 2010. Based on comments received in
response to the NPRM, this final rule may result in an information
collection and recordkeeping burden increase under these information
collections. PHMSA will submit revised information collection requests
to the Office of Management and Budget (OMB) for approval, and publish
the results in a separate Federal Register notice.
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. Requests for a copy of these information
collections should be directed to Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards (PHH-11), Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE.,
2nd Floor, Washington, DC 20590-0001.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$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 Council on Environmental Quality (CEQ) regulations
order federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
PHMSA is amending the Hazardous Materials Regulations to maintain
alignment with international standards by incorporating various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. These
revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods. The
amendments are intended to enhance the safety of international
hazardous materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet the definition of a marine
pollutant in all modes of transportation. The intended effect is to
increase the level of safety associated with the transportation of
substances hazardous to the marine environment by way of improved
communication of their presence in transportation and establishing
appropriate requirements for their packaging. The HMR uses a list based
system designed to help shippers determine if a material meets the
definition of a marine pollutant. Recently, the IMO adopted a criteria
based system for identification of materials hazardous to the marine
environment based on the Globally Harmonized System of Classification
and Labelling of Chemicals (GHS).
2. Alternatives
In developing this final rule, we considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards in their entirety.
(3) Adopt most of the international standards, with certain
modifications based on safety or economic considerations.
Alternative 1
Because our goal is to facilitate uniformity, compliance, commerce
and safety in the transportation of hazardous materials, we rejected
this alternative.
Alternative 2
Under this alternative, we would adopt the classification criteria
for marine pollutants in the IMDG Code consistent with the aquatic
toxicity criteria adopted within the GHS. However, the new
classification system adopted into the IMDG Code is complicated and the
associated criteria for classifying mixtures containing marine
pollutants would involve an additional layer of complexity without a
corresponding public benefit. Therefore, we are not requiring the use
of the new IMDG Code environmental classification system.
Alternative 3
Consistency between U.S. and international regulations helps to
assure the safety of international hazardous materials transportation
through better understanding of the regulations, an increased level of
industry compliance, the smooth flow of hazardous materials from their
points of origin to their points of destination, and effective
emergency response in the event of a hazardous materials incident.
Under Alternative 3, we would harmonize the HMR with international
standards to the extent consistent with U.S. safety and economic goals.
As indicated above, we are not adopting provisions that, in our view,
do not provide an adequate safety level. Further, we provide for
exceptions and extended compliance periods to minimize the potential
economic impact of any revisions on the regulated community.
Under this alternative, we maintain the current marine pollutant
criteria and list while permitting the use of the GHS Criteria. If a
material not listed as a marine pollutant in the HMR meets the
definition of a marine pollutant in accordance with the GHS, that
material may be transported as a marine pollutant in accordance with
the
[[Page 2231]]
applicable regulations. Alternative 3 is the only alternative that
addresses, in all respects, the purpose of this regulatory action,
which is to facilitate the safe and efficient transportation of
hazardous materials in international commerce. These actions will
provide the greatest possible harmonization with international
requirements without posing an undue increased cost burden on industry.
For these reasons, alternative 3 is our recommended alternative.
3. Analysis of Environmental Impacts
Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in accidents or en
route incidents resulting from cargo shifts, valve failures, package
failures, or loading, unloading, or handling problems. The ecosystems
that could be affected by a release include air, water, soil, and
ecological resources (for example, wildlife habitats). The adverse
environmental impacts associated with releases of most hazardous
materials are short-term impacts that can be greatly reduced or
eliminated through prompt clean-up of the accident scene. Most
hazardous materials are not transported in quantities sufficient to
cause significant, long-term environmental damage if they are released.
The hazardous material regulatory system is a risk-management
system that is prevention-oriented and focused on identifying hazards
and reducing the probability and quantity of a hazardous material
release. Amending the Hazardous Materials Regulations to maintain
alignment with international standards enhances the safe transportation
of hazardous materials in domestic and international commerce. When
considering the adoption of international standards under the HMR, we
review and consider each amendment on its own merit and assess their
impact on transportation safety and the environment.
Alternative 1 would maintain the current marine pollutant
classification system without change. We do not believe this would
result in any significant impacts on the environment. Alternative 2 may
result in a significant environmental impact if a material listed in
the current marine pollutant list does not meet the GHS criteria. The
recommended alternative 3 maintains the marine pollutant criteria and
allows the voluntary use of the GHS criteria adopted by the IMDG Code.
When a material meets the criteria under the GHS criteria but not the
HMR, the material may still be transported under the applicable
requirements for a marine pollutant. This would communicate the
presence of an environmentally hazardous material consistent with the
IMDG Code. Conversely, if a listed marine pollutant does not meet the
GHS criteria, the material must be transported as a marine pollutant
under the HMR unless approved by the Associate Administrator. The
recommended alternative 3 would not result in any significant impact on
the environment.
4. Consultations and Public Comment
On June 22, 2005, November 16, 2005, June 21, 2006, and November
29, 2006, PHMSA hosted public meetings with public and private
stakeholders to discuss draft U.S. positions on the United Nation's
Sub-Committee of Experts on the Transport of Dangerous Goods proposals
for the Fifteenth revised edition of the UN Recommendations on the
Transport of Dangerous Goods Model Regulations. In addition, PHMSA and
the U.S. Coast Guard hosted a public meeting on August 29, 2006, and
hosted a second meeting on September 6, 2007, to discuss amendments to
the IMDG Code. A public meeting was held in October 2007 to discuss
amendments to the ICAO TI. During these public meetings, U.S. positions
on proposed amendments to the UN Recommendations were considered and
discussed. Positions were established based on input received during
these meetings in conjunction with internal review, including thorough
technical review.
We have identified a number of immediate and long-term actions that
participants in the international community are taking or will take to
enhance the safe transportation of hazardous materials. Through this
integrated and cooperative approach, we believe we can be most
successful in reducing incidents, enhancing safety, and protecting the
public.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit 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 final rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.
[[Page 2232]]
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Public Law 101-410 section 4 (28 U.S.C. 2461 note); Public Law 104-
134 section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, the following changes
are made:
0
a. Under the entry ``International Civil Aviation Organization
(ICAO),'' the organization's mailing address and the entry ``Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), 2007-2008 Edition'' are revised;
0
b. Under the entry ``International Maritime Organization (IMO)'' the
organization's mailing address and the entries ``International
Convention for the Safety of Life at Sea (SOLAS) Amendments 2000,
Chapter II-2, Regulation 19, 2001,'' and ``International Maritime
Dangerous Goods Code (IMDG Code), 2006 Edition, Incorporating Amendment
33-06 (English Edition), Volumes 1 and 2'' are revised;
0
c. Under the entry ``International Organization for Standardization,''
the organization's mailing address is revised and the entries ``ISO
10156:1996, Gases and Gas Mixtures--Determination of fire potential and
oxidizing ability for the selection of cylinder valve outlets, Second
edition, May 2005 (E)'' and ``ISO 10156-2:2005, Gas cylinders--Gases
and gas mixtures--Part 2: Determination of oxidizing ability of toxic
and corrosive gases and gas mixtures, First edition, August 2005, (E)''
are added in appropriate numerical order;
0
d. Revise the entry ``Transport Canada''; and
0
e. Under the entry ``United Nations,'' the organization's mailing
address and the entry ``UN Recommendations on the Transport of
Dangerous Goods, Fourteenth revised edition (2005), Volumes I and II''
are revised.
The additions and revisions read as follows:
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''), P.O. Box 400, Place de
l'Aviation International, 1000 Sherbrooke
Street West, Montreal, Quebec, Canada H3A
2R2, 1-514-954-8219, http://www.icao.int:
ICAO Technical Instructions available
from: INTEREG, International Regulations,
Publishing and Distribution Organization,
P.O. Box 60105, Chicago, IL 60660.
* * * * * * *
Technical Instructions for the Safe 171.8; 171.22; 171.23;
Transport of Dangerous Goods by Air 171.24; 172.202; 172.401;
(``ICAO Technical Instructions''), 2009- 172.512; 172.602; 173.56;
2010 Edition. 173.320; 175.33; 178.3.
* * * * * * *
International Maritime Organization
(``IMO''), 4 Albert Embankment, London,
SE1 7SR, United Kingdom or New York
Nautical Instrument & Service
Corporation, 140 West Broadway, New York,
NY 10013, +44 (0) 20 7735 7611, http://
www.imo.org: International Convention for
the Safety of Life at Sea, (``SOLAS'')
176.63, 176.84. Amendments 2002, Chapter
II-2/Regulation 19, Consolidated Edition
2004.
International Maritime Dangerous Goods 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; 178.274.
International Organization for
Standardization, Case Postale 56, CH-
1211, Geneve 20, Switzerland, +41 22 749
01 11, http://www.iso.org; Also available
from: ANSI 25, West 43rd Street, New
York, NY 10036, 1-212-642-4900, http://
www.ansi.org.
* * * * * * *
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,
February 1996 (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).
* * * * * * *
Transport Canada, TDG Canadian Government 171.12; 171.22; 171.23;
Publishing Center, Supply and Services, 172.401; 172.502; 172.519;
Canada, Ottawa, Ontario, Canada K1A 059, 172.602; 173.31; 173.32;
416-973-1868, http://www.tc.gc.ca: 173.33.
Transportation of Dangerous Goods
Regulations (Transport Canada TDG
Regulations), August 2001 including Clear
Language Amendments SOR 2001-286,
Amendment 1 (SOR/2002-306) August 8,
2002; Amendment 2 (SOR/2003-273) July 24,
2003; Amendment 3 (SOR/2003-400) December
3, 2003; Amendment 4 (SOR/2005-216) July
13, 2005; Amendment 5 (SOR/2005-279)
September 21, 2005; and subsection
4.18(5) of Amendment 6 (SOR/2008-34)
February 7, 2008.
[[Page 2233]]
* * * * * * *
United Nations, Publications, 2 United
Nations Plaza, Room DC2-853, New York, NY
10017, 1-212-963-8302, http://unp.un.org.
UN Recommendations on the Transport of 171.8; 171.12; 171.22;
Dangerous Goods, Fifteenth revised 171.23; 172.202; 172.401;
edition (2007). Volumes I and II. 172.502; 173.22; 173.24;
173.24b; 173.40; 173.56;
173.192; 173.197; 173.302b;
173.304b; 178.75; 178.274;
178.801.
* * * * * * *
------------------------------------------------------------------------
0
3. Section 171.8, the definitions for ``Fuel cell cartridge'' or ``Fuel
cartridge'' is revised to read as follows:
Section 171.8 Definitions and abbreviations.
* * * * *
Fuel cell cartridge or fuel cartridge means an article that stores
fuel for discharge into the fuel cell through a valve(s) that controls
the discharge of fuel into the fuel cell.
* * * * *
0
4. In Sec. 171.14, revise paragraph (h) is to read as follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(h) The proper shipping name ``Gasohol gasoline mixed with ethyl
alcohol, with not more than 20 percent alcohol'' in effect on January
28, 2008, may continue to be used until October 1, 2010. Effective
October 1, 2010, the new proper shipping name ``Ethanol and gasoline
mixture or ethanol and motor spirit mixture or ethanol and petrol
mixture,'' and the revised proper shipping name ``Gasohol gasoline
mixed with ethyl alcohol, with not more than 10% alcohol'' must be
used, as appropriate.
0
5. 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
paragraphs (b)(1), (2), (3) or (4) of this section; or
(6) During transportation by aircraft, a fire, violent rupture,
explosion or dangerous evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging or personal safety to include
charring of packaging, melting of packaging, scorching of packaging, or
other evidence) occurs as a direct result of a battery or battery-
powered device.
* * * * *
0
6. In Sec. 171.16, paragraph (a)(3) and (a)(4) are revised and a new
paragraph (a)(5) is added to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
(a) * * *
(3) A specification cargo tank with a capacity of 1,000 gallons or
greater containing any hazardous material suffers structural damage to
the lading retention system or damage that requires repair to a system
intended to protect the lading retention system, even if there is no
release of hazardous material;
(4) An undeclared hazardous material is discovered; or
(5) A fire, violent rupture, explosion or dangerous evolution of
heat (i.e., an amount of heat sufficient to be dangerous to packaging
or personal safety to include charring of packaging, melting of
packaging, scorching of packaging, or other evidence) occurs as a
direct result of a battery or battery-powered device.
* * * * *
0
7. In Sec. 171.25, paragraphs (c)(5) and (d)(3) are added to read as
follows:
Sec. 171.25 Additional requirements for the use of the IMDG Code.
* * * * *
(c) * * *
(5) Effective February 13, 2009, portable tanks, cargo tanks, and
tank cars containing cryogenic liquids must be stowed ``on deck''
regardless of the stowage authorized in the IMDG Code. Cargo tanks or
tank cars containing cryogenic liquids may be stowed one deck below the
weather deck when transported on a trailership or trainship that is
unable to provide ``on deck'' stowage because of the vessel's design.
Tank cars must be Class DOT-113 or AAR-204W tank cars. Portable tanks,
cargo tanks, and tank cars containing cryogenic liquids that are in
transportation and stowed below deck on or before February 13, 2009 may
continue to be transported to their final destination.
(d) * * *
(3) Notwithstanding Sec. 171.25(d)(1), except for portable tanks,
cargo tanks, and tank cars transporting cryogenic liquids before
February 13, 2009. Effective February 13, 2009, portable tanks, cargo
tanks, and tank cars containing cryogenic liquids, which are
transported by a vessel passing through the United States in the course
of being shipped between locations outside of the United States must be
stowed ``on deck'' regardless of the stowage authorized in the IMDG
Code. Cargo tanks or tank cars containing cryogenic liquids may be
stowed one deck below the weather deck when transported on a
trailership or trainship that is unable to provide ``on deck'' stowage
because of the vessel's design. Tank cars must be Class DOT-113 or AAR-
204W tank cars. Portable tanks, cargo tanks, and tank cars containing
cryogenic liquids that are in transportation and stowed below deck on
or before February 13, 2009, may continue to be transported to their
final destination.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
0
9. In Sec. 172.101, in the Hazardous Materials Table, in Column (7),
remove ``TP12'' each place it appears.
0
10. 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 2234]]
Sec. 172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ------------------------------------------------------------------------------------------------
Symbols descriptions class or Identification No. PG Label Special provisions
and proper division codes (Sec. 172.102) Exceptions Non-bulk Bulk Passenger aircraft/ Cargo aircraft Location Other
shipping names rail only
(1) (2)............ (3) (4)............... (5).. (6)..... (7)............... (8A)......... (8B) (8C) (9A).............. (9B).............. (10A)..... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove].......
* * * * * * *
G.......... Amine, 3 UN2733............ I.... 3, 8.... T14, TP1, TP27.... None......... 201 243 0.5 L............. 2.5 L............. D......... 40, 52
flammable,
corrosive,
n.o.s. or
Polyamines,
flammable,
corrosive,
n.o.s.
Amine, liquid, 8 UN2734............ I.... 8, 3.... A3, A6, N34, T14, None......... 201 243 0.5 L............. 2.5 L............. A......... 52
corrosive, TP2, TP27.
flammable
n.o.s. or
Polyamines,
liquid
corrosive,
flammable
n.o.s.
II... 3, 8.... IB2, T11, TP1, 150.......... 202 243 1 L............... 5 L............... B......... 40, 52
TP27.
III.. 3, 8.... B1, IB3, T7, TP1, 150.......... 203 242 5 L............... 60 L.............. A......... 40, 52
TP28.
II... 8, 3.... IB2, T11, TP2, None......... 202 243 1 L............... 30 L.............. A......... 52
TP27.
* * * * * * *
Aluminum alkyl 4.2 UN3052............ I.... 4.2, 4.3 173, B9, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D......... 134
halides, TP2, TP7.
liquid.
Aluminum alkyl 4.2 UN3461............ I.... 4.2, 4.3 173, T21, TP7, None......... 181 244 Forbidden......... Forbidden......... D......... 134
halides, solid. TP33.
Aluminum alkyl 4.2 UN3076............ I.... 4.2, 4.3 173, B9, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D.........
hydrides. TP2, TP7.
Aluminum alkyls 4.2 UN3051............ I.... 4.2, 4.3 173, B9, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D.........
TP2, TP7.
* * * * * * *
Batteries, dry, ........ .................. ..... ........ 130.
not subject to
the
requirements
of this
subchapter.
* * * * * * *
Cartridges,
sporting, see
Cartridges for
weapons, inert
projectile, or
Cartridges,
small arms.
* * * * * * *
+.......... Chloronitrobenz 6.1 UN3409............ II... 6.1..... IB2, T7, TP2...... 153.......... 202 243 5 L............... 60 L.............. A.........
ene, liquid
ortho.
+.......... Chloronitrobenz 6.1 UN1578............ II... 6.1..... IB8, IP2, IP4, T3, 153.......... 212 242 25 kg............. 100 kg............ A.........
enes, solid TP33.
meta or para.
* * * * * * *
Chlorosilanes, 6.1 UN3361............ II... 6.1, 8.. IB1, T11, TP2, None......... 202 243 1 L............... 30 L.............. C......... 40
toxic, TP13.
corrosive,
n.o.s.
Chlorosilanes, 6.1 UN3362............ II... 6.1, 3, IB1, T11, TP2, None......... 202 243 1 L............... 30 L.............. C......... 40, 125
toxic, 8. TP13.
corrosive,
flammable,
n.o.s.
* * * * * * *
G.......... Corrosive, 8 UN 3264........... I.... 8....... A6, B10, T14, TP2, None......... 201 243 0.5 L............. 2.5 L............. B......... 40
liquid, TP27.
acidic,
inorganic,
n.o.s.
II... 8....... B2, IB2, T11, TP2, 154.......... 202 242 1 L............... 30 L.............. B......... 40
TP27.
III.. 8....... IB3, T7, TP1, TP28 154.......... 203 241 5 L............... 60 L.............. A......... 40
[[Page 2235]]
* * * * * * *
G.......... Dyes, liquid, 8 UN 2801........... I.... 8....... 11, A6, B10, T14, None......... 201 243 0.5 L............. 2.5 L............. A.........
corrosive, TP2, TP27.
n.o.s. or Dye
intermediates,
liquid,
corrosive,
n.o.s.
II... 8....... 11, B2, IB2, T11, 154.......... 202 242 1 L............... 30 L.............. A.........
TP2, TP27.
III.. 8....... 11, IB3, T7, TP1, 154.......... 203 241 5 L............... 60 L.............. A.........
TP28.
* * * * * * *
Diethylzinc.... 4.2 UN1366............ I.... 4.2, 4.3 173, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D......... 18
TP2, TP7.
* * * * * * *
Dimethylzinc... 4.2 UN1370............ I.... 4.2, 4.3 173, B11, B16, None......... 181 244 Forbidden......... Forbidden......... D......... 18
T21, TP2, TP7.
* * * * * * *
Fuel cell 3 UN3473............ II... 3....... .................. 150.......... 230 None 5 L............... 60 L.............. A.........
cartridges
containing
flammable
liquids.
* * * * * * *
Hydrogen in a 2.1 UN3468............ ..... 2.1..... 167............... None......... 214 None Forbidden......... 100 kg gross...... D.........
metal hydride
storage system.
* * * * * * *
Hypochlorite 8 UN1791............ II... 8....... A7, B2, B15, IB2, 154.......... 202 242 1 L............... 30 L.............. B......... 26
solutions. IP5, N34, T7,
TP2, TP24.
* * * * * * *
Lithium alkyls, 4.2 UN2445............ I.... 4.2, 4.3 173, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D.........
liquid. TP2, TP7.
Lithium alkyls, 4.2 UN3433............ I.... 4.2, 4.3 173, B11, T21, None......... 181 244 Forbidden......... Forbidden......... D.........
solid. TP7, TP33.
* * * * * * *
Magnesium 4.2 UN3053............ I.... 4.2, 4.3 B11, T21, TP2, TP7 None......... 181 244 Forbidden......... Forbidden......... D......... 18
alkyls.
* * * * * * *
Magnesium 4.2 UN2005............ I.... 4.2..... 173, T21, TP7, None......... 187 244 Forbidden......... Forbidden......... C.........
diphenyl. TP33.
* * * * * * *
Nitric acid 8 UN2031............ II... 8....... A6, B2, B47, B53, None......... 158 242 Forbidden......... 30 L.............. D......... 44, 66,
other than red IB2, T8, TP2, 89, 90,
fuming, with TP12. 110,
not more than 111
70 percent
nitric acid.
* * * * * * *
2,5-
Norbornadiene,
stabilized,
see Bicyclo
2,2,1 hepta-
2,5-diene,
stabilized.
* * * * * * *
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.
[[Page 2236]]
* * * * * * *
Receptacles, 2.2 UN2037............ ..... 2.2, 5.1 A14............... 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing
agas (gas
cartridges)
non-flammable,
without
release
device, not
refillable and
not exceeding
1 L capacity.
Receptacles, 2.1 UN2037............ ..... 2.1..... .................. 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing gas
(gas
cartridges)
flammable,
without
release
device, not
refillable and
not exceeding
1 L capacity.
Receptacles, 2.2 UN 2037........... ..... 2.2..... .................. 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing gas
(gas
cartridges)
non-flammable,
without
release
device, not
refillable and
not exceeding
1 L capacity.
* * * * * * *
Regulated 6.2 UN 3291........... II... 6.2..... A13............... 134.......... 197 197 No limit.......... No limit.......... B......... 40
medical waste,
n.o.s. or
Clinical
waste,
unspecified,
n.o.s. or
(BIO) Medical
waste, n.o.s.
* * * * * * *
G.......... Self-heating, 4.2 UN 3126........... II... 4.2, 8.. IB5, IP2, T3, TP33 None......... 212 242 15 kg............. 50 kg............. C.........
solid,
corrosive,
organic, n.o.s.
III.. 4.2, 8.. IB8, IP3, T1, TP33 None......... 213 242 25 kg............. 100 kg............ C.........
* * * * * * *
G.......... Self-heating, 4.2 UN 3088........... II... 4.2..... IB6, IP2, T3, TP33 None......... 212 241 15 kg............. 50 kg............. C.........
solid,
organic, n.o.s.
III.. 4.2..... IB8, IP3, T1, TP33 None......... 213 241 25 kg............. 100 kg............ C.........
G.......... Self-heating, 4.2 UN 3127........... ..... 4.2, 5.1 .................. None......... 214 214 Forbidden......... Forbidden.........
solid,
oxidizing,
n.o.s.
* * * * * * *
G.......... Self-heating, 4.2 UN 3128........... II... 4.2, 6.1 IB5, IP2, T3, TP33 None......... 212 242 15 kg............. 50 kg............. C.........
solid, toxic,
organic, n.o.s.
III.. 4.2, 6.1 IB8, IP3, T1, TP33 None......... 213 242 25 kg............. 100 kg............ C.........
* * * * * * *
Trinitrophenol, 4.1 UN1344............ I.... 4.1..... 23, A8, A19, N41.. None......... 211 None 1 kg.............. 15 kg............. E......... 28, 36
wetted with
not less than
30 percent
water, by mass.
* * * * * * *
Trinitrotoluene 4.1 UN1356............ I.... 4.1..... 23, A2, A8, A19, None......... 211 None 0.5 kg............ 0.5 kg............ E......... 28
, wetted with N41.
not less than
30 percent
water, by mass.
* * * * * * *
Xenon.......... 2.2 UN2036............ 2.2.. ........ .................. 306.......... 302 None 75 kg............. 150 kg............ A.........
[[Page 2237]]
* * * * * * *
[Add]..........
* * * * * * *
G.......... Amine, 3 UN2733............ I.... 3, 8.... T14, TP1, TP27.... None......... 201 243 0.5 L............. 2.5 L............. D......... 40, 52
flammable,
corrosive,
n.o.s. or
Polyamines,
flammable,
corrosive,
n.o.s.
II... 3, 8.... IB2, T11, TP1, 150.......... 202 243 1 L............... 5 L............... B......... 40, 52
TP27.
III.. 3, 8.... B1, IB3, T7, TP1, 150.......... 203 242 5 L............... 60 L.............. A......... 40, 52
TP28.
G.......... Amine, liquid, 8 UN2734............ I.... 8, 3.... A3, A6, N34, T14, None......... 201 243 0.5 L............. 2.5 L............. A......... 52
corrosive, TP2, TP27.
flammable,
n.o.s. or
Polyamines,
liquid,
corrosive,
flammable,
n.o.s.
II... 8, 3.... IB2, T11, TP2, None......... 202 243 1 L............... 30 L.............. A......... 52
TP27.
* * * * * * *
Batteries, dry, ........ .................. ..... ........ 130...............
sealed, n.o.s..
* * * * * * *
Cartridges,
sporting, see
Cartridges for
weapons, inert
projectile, or
Cartridges,
small arms.
* * * * * * *
+.......... Chloronitrobenz 6.1 UN3409............ II... 6.1..... IB2, T7, TP2...... 153.......... 202 243 5 L............... 60 L.............. A.........
enes, liquid.
+.......... Chloronitrobenz 6.1 UN1578............ II... 6.1..... IB8, IP2, IP4, T3, 153.......... 212 242 25 kg............. 100 kg............ A.........
enes, solid. TP33.
* * * * * * *
Chlorosilanes, 8 UN2986............ II... 8, 3.... T14, TP2, TP7, None......... 206 243 1 L............... 30 L.............. C......... 40
corrosive, TP13, TP27.
flammable,
n.o.s.
* * * * * * *
Chlorosilanes, 6.1 UN3362............ II... 6.1, 3, T14, TP2, TP7, None......... 206 243 1 L............... 30 L.............. C......... 40, 125
toxic, 8. TP13, TP27.
corrosive,
flammable,
n.o.s.
Chlorosilanes, 6.1 UN3361............ II... 6.1, 8.. T14, TP2, TP7, None......... 206 243 1 L............... 30 L.............. C......... 40
toxic, TP13, TP27.
corrosive,
n.o.s.
* * * * * * *
G.......... Corrosive 8 UN 3264........... I.... 8....... A6, B10, T14, TP2, None......... 201 243 0.5 L............. 2.5 L............. B......... 40
liquid, TP27.
acidic,
inorganic,
n.o.s.
II... 8....... B2, IB2, T11, TP2, 154.......... 202 242 1 L............... 30 L.............. B......... 40
TP27.
III.. 8....... IB3, T7, TP1, TP28 154.......... 203 241 5 L............... 60 L.............. A......... 40
* * * * * * *
G.......... Dyes, liquid, 8 UN 2801........... I.... 8....... 11, A6, B10, T14, None......... 201 243 0.5 L............. 2.5 L............. A.........
corrosive, TP2, TP27.
n.o.s. or Dye
intermediates,
liquid,
corrosive,
n.o.s.
II... 8....... 11, B2, IB2, T11, 154.......... 202 242 1 L............... 30 L.............. A.........
TP2, TP27.
III.. 8....... 11, IB3, T7, TP1, 154.......... 203 241 5 L............... 60 L.............. A.........
TP28.
* * * * * * *
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.
[[Page 2238]]
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.
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.........
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........
Hydroxybenzotr
iazole,
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
Hydroxybenzotr
iazole,
anhydrous,
wetted with
not less than
20 percent
water, by mass.
* * * * * * *
Hypochlorite 8 UN1791............ II... 8....... A7, B2, B15, IB2, 154.......... 202 242 1 L............... 30 L.............. B......... 26
solutions. IP5, N34, T7,
TP2, TP24.
III.. 8....... IB3, N34, T4, TP2, 154.......... 203 241 5 L............... 60 L.............. B......... 26
TP24.
* * * * * * *
Nitric acid 8 UN2031............ II... 8, 5.1.. A6, B2, B47, B53, None......... 158 242 Forbidden......... 30 L.............. D......... 66, 74,
other than red IB2, IP15, T8, 89, 90
fuming, with TP2.
at least 65
percent, but
not more than
70 percent
nitric acid.
Nitric acid, 8 UN2031............ II... 8....... A6, B2, B47, B53, None......... 158 242 Forbidden......... 30 L.............. D......... 44, 66,
other than red IB2, IP15, T8, 74, 89,
fuming, with TP2. 90
less than 65
percent nitric
acid.
[[Page 2239]]
* * * * * * *
2,5-
Norbornadiene,
stabilized,
see Bicyclo
[2,2,1] hepta-
2,5-diene,
stabilized.
* * * * * * *
Pentaerythrite 4.1 UN3344............ II... 4.1..... 118, N85.......... None......... 214 None Forbidden......... Forbidden......... E.........
tetranitrate
mixture,
desensitized,
solid, n.o.s.
or
Pentaerythrito
l 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, 1.4C UN0509............ ..... 1.4C.... .................. None......... 62 None Forbidden......... Forbidden......... 06........
smokeless.
* * * * * * *
Receptacles, 2.1 UN 2037........... ..... 2.1..... .................. 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing gas
or gas
cartridges
(flammable)
without
release
device, not
refillable and
not exceeding
1 L capacity.
Receptacles, 2.2 UN 2037........... ..... 2.2..... .................. 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing gas
or gas
cartridges
(non-
flammable)
without
release
device, not
refillable and
not exceeding
1 L capacity.
Receptacles, 2.2 UN 2037........... ..... 2.2, 5.1 A14............... 306.......... 304 None 1 kg.............. 15 kg............. B......... 40
small,
containing gas
or gas
cartridges
(oxidizing)
without
release
device, not
refillable and
not exceeding
1 L capacity.
* * * * * * *
Regulated 6.2 UN 3291........... II... 6.2..... A13............... 134.......... 197 197 No limit.......... No limit.......... B......... 40
medical waste,
n.o.s. or
Clinical
waste,
unspecified,
n.o.s. or
(BIO)Medical
waste, n.o.s.,
or Biomedical
waste, n.o.s.
or Medical
waste, n.o.s.
* * * * * * *
G.......... Self-heating 4.2 UN 3126........... II... 4.2, 8.. IB5, IP2, T3, TP33 None......... 212 242 15 kg............. 50 kg............. C.........
solid,
corrosive,
organic, n.o.s.
III.. 4.2, 8.. IB8, IP3, T1, TP33 None......... 213 242 25 kg............. 100 kg............ C.........
* * * * * * *
G.......... Self-heating 4.2 UN 3088........... II... 4.2..... IB6, IP2, T3, TP33 None......... 212 241 15 kg............. 50 kg............. C.........
solid,
organic,
n.o.s..
III.. 4.2..... IB8, IP3, T1, TP33 None......... 213 241 25 kg............. 100 kg............ C.........
G.......... Self-heating 4.2 UN 3127........... ..... 4.2, 5.1 .................. None......... 214 214 Forbidden......... Forbidden.........
solid,
oxidizing,
n.o.s..
* * * * * * *
G.......... Self-heating 4.2 UN 3128........... II... 4.2, 6.1 IB5, IP2, T3, TP33 None......... 212 242 15 kg............. 50 kg............. C.........
solid, toxic,
organic, n.o.s.
III.. 4.2, 6.1 IB8, IP3, T1, TP33 None......... 213 242 25 kg............. 100 kg............ C.........
* * * * * * *
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.
[[Page 2240]]
* * * * * * *
Signals, smoke. 1.4S UN0507............ ..... 1.4S.... .................. None......... 62 None 25 kg............. 100 kg............ 05........
* * * * * * *
Trinitrophenol, 4.1 UN1344............ I.... 4.1..... 23, A8, A19, N41.. None......... 211 None 1 kg.............. 15 kg............. E......... 28, 36
wetted or
Picric acid,
wetted, with
not less than
30 percent
water by mass.
* * * * * * *
Trinitrotoluene 4.1 UN1356............ I.... 4.1..... 23, A2, A8, A19, None......... 211 None 0.5 kg............ 0.5 kg............ E......... 28, 36
, wetted or N41.
TNT, wetted,
with not less
than 30
percent water
by mass.
* * * * * * *
Xenon, 2.2 UN2036............ ..... 2.2..... .................. 306, 307..... 302 None 75 kg............. 150 kg............ A.........
compressed.
* * * * * * *
[Revise].......
* * * * * * *
Allyltrichloros 8 UN1724............ II... 8, 3.... A7, B2, B6, N34, None......... 206 243 Forbidden......... 30 L.............. C......... 40
ilane, T10, TP2, TP7,
stabilized. TP13.
* * * * * * *
Amyltrichlorosi 8 UN1728............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
lane. T10, TP2, TP7,
TP13.
* * * * * * *
Argon, 2.2 UN1006............ ..... 2.2..... .................. 306, 307..... 302 314, 315 75 kg............. 150 kg............ A.........
compressed.
* * * * * * *
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.......... A.........
non-spillable,
electric
storage.
* * * * * * *
Boron 2.3 UN1008............ ..... 2.3, 8.. 2, B9, B14........ None......... 302 314, 315 Forbidden......... Forbidden......... D......... 40
trifluoride.
* * * * * * *
Butyltrichloros 8 UN1747............ II... 8, 3.... A7, B2, B6, N34, None......... 206 243 Forbidden......... 30 L.............. C......... 40
ilane. T10, TP2, TP7,
TP13.
* * * * * * *
1,4-Butynediol. 6.1 UN2716............ III.. 6.1..... A1, IB8, IP3, T1, None......... 213 240 100 kg............ 200 kg............ C......... 52, 53,
TP33. 70
[[Page 2241]]
* * * * * * *
Calcium 4.3 UN2844............ III.. 4.3..... A1, A19, IB8, IP4, 151.......... 213 241 25 kg............. 100 kg............ A......... 52, 85,
manganese T1, TP33. 103
silicon.
* * * * * * *
Chlorine....... 2.3 UN1017............ ..... 2.3, 2, B9, B14, N86, None......... 304 314, 315 Forbidden......... Forbidden......... D......... 40, 51,
5.1, 8. T50, TP19. 55, 62,
68, 89,
90
* * * * * * *
Chloroacetic 6.1 UN1751............ II... 6.1, 8.. A3, A7, IB8, IP2, 153.......... 212 242 15 kg............. 50 kg............. C......... 40
acid, solid. IP4, N34, T3,
TP33.
* * * * * * *
Chlorophenyltri 8 UN1753............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
chlorosilane. T10, TP2, TP7.
* * * * * * *
Chlorosilanes, 8 UN2987............ II... 8....... B2, T14, TP2, TP7, None......... 206 242 1 L............... 30 L.............. C......... 40
corrosive, TP13, TP27.
n.o.s..
Chlorosilanes, 3 UN2985............ II... 3, 8.... T14, TP2, TP7, None......... 206 243 1 L............... 5 L............... B......... 40
flammable, TP13, TP27.
corrosive,
n.o.s.
* * * * * * *
Chlorosilanes, 4.3 UN2988............ I.... 4.3, 3, A2, T14, TP2, TP7, None......... 201 244 Forbidden......... 1 L............... D......... 21, 28,
water- 8. TP13. 40, 49,
reactive, 100
flammable,
corrosive,
n.o.s.
* * * * * * *
Chromium 5.1 UN1463............ II... 5.1, IB8, IP2, IP4, T3, None......... 212 242 5 kg.............. 25 kg............. A......... 66, 90
trioxide, 6.1, 8. TP33.
anhydrous.
* * * * * * *
Cyclohexenyltri 8 UN1762............ II... 8....... A7, B2, N34, T10, None......... 206 242 Forbidden......... 30 L.............. C......... 40
chlorosilane. TP2, TP7, TP13.
* * * * * * *
Cyclohexyltrich 8 UN1763............ II... 8....... A7, B2, N34, T10, None......... 206 242 Forbidden......... 30 L.............. C......... 40
lorosilane. TP2, TP7, TP13.
* * * * * * *
Dibenzyldichlor 8 UN2434............ II... 8....... B2, T10, TP2, TP7, 154.......... 206 242 1 L............... 30 L.............. C......... 40
osilane. TP13.
* * * * * * *
Dichloroisocyan 5.1 UN2465............ II... 5.1..... 28, IB8, IP2, IP4, 152.......... 212 240 5 kg.............. 25 kg............. A......... 13
uric acid, dry T3, TP33.
or
Dichloroisocya
nuric acid
salts.
* * * * * * *
Dichlorophenylt 8 UN1766............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
richlorosilane. T10, TP2, TP7,
TP13.
* * * * * * *
Diethyldichloro 8 UN1767............ II... 8, 3.... A7, B6, N34, T10, None......... 206 243 Forbidden......... 30 L.............. C......... 40
silane. TP2, TP7, TP13.
[[Page 2242]]
* * * * * * *
Dimethyldichlor 3 UN1162............ II... 3, 8.... B77, T10, TP2, None......... 206 243 Forbidden......... Forbidden......... B......... 40
osilane. TP7, TP13.
* * * * * * *
Diphenyldichlor 8 UN1769............ II... 8....... A7, B2, N34, T10, None......... 206 242 Forbidden......... 30 L.............. C......... 40
osilane. TP2, TP7, TP13.
* * * * * * *
Dodecyltrichlor 8 UN1771............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
osilane. T10, TP2, TP7,
TP13.
* * * * * * *
G.......... Environmentally 9 UN3082............ III.. 9....... 8, 146, 335, IB3, 155.......... 203 241 No limit.......... No limit.......... A.........
hazardous T4, TP1, TP29.
substance,
liquid, n.o.s.
G.......... Environmentally 9 UN3077............ III.. 9....... 8, 146, 335, B54, 155.......... 213 240 No limit.......... No limit.......... A.........
hazardous IB8, IP3, N20,
substance, T1, TP33.
solid, n.o.s.
* * * * * * *
Ethyldichlorosi 4.3 UN1183............ I.... 4.3, 8, A2, A3, A7, N34, None......... 201 244 Forbidden......... 1 L............... D......... 21, 28,
lane. 3. T14, TP2, TP7, 40, 49,
TP13. 100
* * * * * * *
Ethylphenyldich 8 UN2435............ II... 8....... A7, B2, N34, T10, None......... 206 242 Forbidden......... 30 L.............. C.........
lorosilane. TP2, TP7, TP13.
* * * * * * *
Ethyltrichloros 3 UN1196............ II... 3, 8.... A7, N34, T10, TP2, None......... 206 243 1 L............... 5 L............... B......... 40
ilane. TP7, TP13.
* * * * * * *
D.......... Gasohol 3 NA1203............ II... 3....... 144, 177.......... 150.......... 202 242 5 L............... 60 L.............. E.........
gasoline mixed
with ethyl
alcohol, with
not more than
10% alcohol.
Gasoline 3 UN1203............ II... 3....... 144, 177, B1, B33, 150.......... 202 242 5 L............... 60 L.............. E.........
includes IB2, T8.
gasoline mixed
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.
* * * * * * *
Hexadecyltrichl 8 UN1781............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
orosilane. T10, TP2, TP7,
TP13.
[[Page 2243]]
* * * * * * *
Hexyltrichloros 8 UN1784............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
ilane. T10, TP2, TP7,
TP13.
* * * * * * *
Hydrogen 2.3 UN2197............ ..... 2.3, 8.. 3, B14, N86, N89.. None......... 304 314, 315 Forbidden......... Forbidden......... D......... 40
iodide,
anhydrous.
* * * * * * *
Krypton, 2.2 UN1056............ ..... 2.2..... .................. 306, 307..... 302 None 75 kg............. 150 kg............ A.........
compressed.
* * * * * * *
Magnesium 5.1 UN1473............ II... 5.1..... A1, IB8, IP2, IP4, 152.......... 212 242 5 kg.............. 25 kg............. A......... 56, 58
bromate. T3, TP33.
* * * * * * *
Magnesium 5.1 UN1474............ III.. 5.1..... 332, A1, IB8, IP3, 152.......... 213 240 25 kg............. 100 kg............ A.........
nitrate. T1, TP33.
* * * * * * *
Medicine, 3 UN3248............ II... 3, 6.1.. IB2............... 150.......... 202 None 1 L............... 5 L............... B......... 40
liquid,
flammable,
toxic, n.o.s..
III.. 3, 6.1.. IB3............... 150.......... 203 None 5 L............... 5 L............... A.........
Medicine, 6.1 UN1851............ II... 6.1..... .................. 153.......... 202 243 5 L............... 5 L............... C......... 40
liquid, toxic,
n.o.s..
III.. 6.1..... .................. 153.......... 203 241 5 L............... 5 L............... C......... 40
Medicine, 6.1 UN3249............ II... 6.1..... T3, TP33.......... 153.......... 212 None 5 kg.............. 5 kg.............. C......... 40
solid, toxic,
n.o.s..
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, B30, None......... 226 244 Forbidden......... Forbidden......... D......... 40
Chloromethyl B72, T22, TP2,
Ether. TP13, TP38, TP44.
* * * * * * *
Methyldichloros 4.3 UN1242............ I.... 4.3, 8, A2, A3, A7, B6, None......... 201 243 Forbidden......... 1 L............... D......... 21, 28,
ilane. 3. B77, N34, T14, 40, 49,
TP2, TP7, TP13. 100
* * * * * * *
Methylphenyldic 8 UN2437............ II... 8....... T10, TP2, TP7, None......... 206 242 1 L............... 30 L.............. C......... 40
hlorosilane. TP13.
* * * * * * *
Methyltrichloro 3 UN1250............ II... 3, 8.... A7, B6, B77, N34, None......... 206 243 1 L............... 5 L............... B......... 40
silane. T10, TP2, TP7,
TP13.
* * * * * * *
Neon, 2.2 UN1065............ ..... 2.2..... .................. 306, 307..... 302 None 75 kg............. 150 kg............ A.........
compressed.
* * * * * * *
Nitrites, 5.1 UN2627............ II... 5.1..... 33, IB8, IP2, IP4, 152.......... 212 None 5 kg.............. 25 kg............. A......... 46, 56,
inorganic, T3, TP33. 58, 133
n.o.s..
* * * * * * *
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.
[[Page 2244]]
* * * * * * *
Nitrocellulose, 3 UN2059............ I.... 3....... 198, T11, TP1, None......... 201 243 1 L............... 30 L.............. E.........
solution, TP8, TP27.
flammable with
not more than
12.6 percent
nitrogen, by
mass, and not
more than 55
percent
nitrocellulose.
II... 3....... 198, IB2, T4, TP1, 150.......... 202 242 5 L............... 60 L.............. B.........
TP8.
III.. 3....... 198, B1, IB3, T2, 150.......... 203 242 60 L.............. 220 L............. A.........
TP1.
* * * * * * *
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, A20, None......... 211 None 1 kg.............. 15 kg............. E......... 28, 36
wetted or N41.
Picrite,
wetted with
not less than
20 percent
water, by mass.
* * * * * * *
4- 4.1 UN3376............ I.... 4.1..... 162, A8, A19, A20, None......... 211 None Forbidden......... 15 kg............. E......... 28, 36
Nitrophenylhyd N41.
razine, with
not less than
30 percent
water, by mass.
* * * * * * *
Nitrostarch, 4.1 UN1337............ I.... 4.1..... 23, A8, A19, A20, None......... 211 None 1 kg.............. 15 kg............. D......... 28, 36
wetted with N41.
not less than
20 percent
water, by mass.
* * * * * * *
Nonyltrichloros 8 UN1799............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
ilane. T10, TP2, TP7,
TP13.
* * * * * * *
Octadecyltrichl 8 UN1800............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
orosilane. T10, TP2, TP7,
TP13.
* * * * * * *
Octyltrichloros 8 UN1801............ II... 8....... A7, B2, B6, N34, None......... 206 242 Forbidden......... 30 L.............. C......... 40
ilane. T10, TP2, TP7,
TP13.
* * * * * * *
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, TP2, None......... 202 243 1 L............... 5 L............... D......... 40, 52
TP7.
III.. 4.3, 3.. IB2, IP4, T7, TP2, None......... 203 242 5 L............... 60 L.............. E......... 40, 52
TP7.
[[Page 2245]]
* * * * * * *
G.......... Organometallic 4.3 UN3395............ I.... 4.3..... N40, T9, TP7, TP33 None......... 211 242 Forbidden......... Forbidden......... E......... 40, 52
substance,
solid, water-
reactive.
* * * * * * *
G.......... Oxidizing 5.1 UN3098............ I.... 5.1, 8.. 62, A6............ None......... 201 244 Forbidden......... 2.5 L............. D......... 13, 56,
liquid, 58,
corrosive, 106,
n.o.s.. 138
II... 5.1, 8.. 62, IB1........... None......... 202 243 1 L............... 5 L............... B......... 13, 34,
56, 58,
106,
138
III.. 5.1, 8.. 62, IB2........... 152.......... 203 242 2.5 L............. 30 L.............. B......... 13, 34,
56, 58,
106,
138
G.......... Oxidizing 5.1 UN3139............ I.... 5.1..... 62, 127, A2, A6... None......... 201 243 Forbidden......... 2.5 L............. D......... 56, 58,
liquid, n.o.s.. 106,
138
II... 5.1..... 62, 127, A2, IB2.. 152.......... 202 242 1 L............... 5 L............... B......... 56, 58,
106,
138
III.. 5.1..... 62, 127, A2, IB2.. 152.......... 203 241 2.5 L............. 30 L.............. B......... 56, 58,
106,
138
G.......... Oxidizing 5.1 UN3099............ I.... 5.1, 6.1 62, A6............ None......... 201 244 Forbidden......... 2.5 L............. D......... 56, 58,
liquid, toxic, 106,
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 5.1 UN3085............ I.... 5.1, 8.. 62................ None......... 211 242 1 kg.............. 15 kg............. D......... 13, 56,
solid, 58,
corrosive, 106,
n.o.s.. 138
II... 5.1, 8.. 62, IB6, IP2, T3, None......... 212 242 5 kg.............. 25 kg............. B......... 13, 34,
TP33. 56, 58,
106,
138
III.. 5.1, 8.. 62, IB8, IP3, T1, 152.......... 213 240 25 kg............. 100 kg............ B......... 13, 34,
TP33. 56, 58,
106,
138
G.......... Oxidizing 5.1 UN3137............ I.... 5.1, 4.1 62................ None......... 214 214 Forbidden......... Forbidden.........
solid,
flammable,
n.o.s..
G.......... Oxidizing 5.1 UN1479............ I.... 5.1..... 62, IB5, IP1...... None......... 211 242 1 kg.............. 15 kg............. D......... 56, 58,
solid, n.o.s.. 106,
138
II... 5.1..... 62, IB8, IP2, IP4, 152.......... 212 240 5 kg.............. 25 kg............. B......... 56, 58,
T3, TP33. 106,
138
III.. 5.1..... 62, IB8, IP3, T1, 152.......... 213 240 25 kg............. 100 kg............ B......... 56, 58,
TP33. 106,
138
G.......... Oxidizing 5.1 UN3100............ I.... 5.1, 4.2 62................ None......... 214 214 Forbidden......... Forbidden.........
solid, self-
heating,
n.o.s..
[[Page 2246]]
II... 5.1, 4.2 62................ None......... 214 214 Forbidden......... Forbidden.........
G.......... Oxidizing 5.1 UN3087............ I.... 5.1, 6.1 62................ None......... 211 242 1 kg.............. 15 kg............. D......... 56, 58,
solid, toxic, 106,
n.o.s.. 138
II... 5.1, 6.1 62, IB6, IP2, T3, 152.......... 212 242 5 kg.............. 25 kg............. B......... 56, 58,
TP33. 95,
106,
138
III.. 5.1, 6.1 62, IB8, IP3, T1, 152.......... 213 240 25 kg............. 100 kg............ B......... 56, 58,
TP33. 95,
106,
138
G.......... Oxidizing 5.1 UN3121............ ..... 5.1, 4.3 62................ None......... 214 214 Forbidden......... Forbidden.........
solid, water-
reactive,
n.o.s..
* * * * * * *
Paint or Paint 8 UN3066............ II... 8....... B2, IB2, T7, TP2, 154.......... 173 242 1 L............... 30 L.............. A......... 40
related TP28.
material.
III.. 8....... B52, IB3, T4, TP1, 154.......... 173 241 5 L............... 60 L.............. A......... 40
TP29.
* * * * * * *
Phenyltrichloro 8 UN1804............ II... 8....... A7, B6, N34, T10, None......... 206 242 Forbidden......... 30 L.............. C......... 40
silane. TP2, TP7, TP13.
* * * * * * *
Polychlorinated 9 UN3432............ II... 9....... 9, 81,140, IB8, 155.......... 212 240 100 kg............ 200 kg............ A......... 95
biphenyls, IP2, IP4, T3,
solid. TP33.
* * * * * * *
Potassium 5.1 UN1484............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 242 5 kg.............. 25 kg............. A......... 56, 58
bromate. TP33.
* * * * * * *
Potassium 5.1 UN1485............ II... 5.1..... A9, IB8, IP2, IP4, 152.......... 212 242 5 kg.............. 25 kg............. A......... 56, 58
chlorate. N34, T3, TP33.
* * * * * * *
Potassium 5.1 UN1487............ II... 5.1..... B78, IB8, IP2, 152.......... 212 240 5 kg.............. 25 kg............. A......... 56, 58
nitrate and IP4, T3, TP33.
sodium nitrite
mixtures.
* * * * * * *
Potassium 5.1 UN1488............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 242 5 kg.............. 25 kg............. A......... 56, 58
nitrite. TP33.
* * * * * * *
Potassium 5.1 UN1490............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 240 5 kg.............. 25 kg............. D......... 56, 58,
permanganate. TP33. 138
* * * * * * *
Potassium 5.1 UN1492............ III.. 5.1..... A1, A29, IB8, IP3, 152.......... 213 240 25 kg............. 100 kg............ A......... 58, 145
persulfate. T1, TP33.
[[Page 2247]]
* * * * * * *
Propyltrichloro 8 UN1816............ II... 8, 3.... A7, B2, B6, N34, None......... 206 243 Forbidden......... 30 L.............. C......... 40
silane. T10, TP2, TP7,
TP13.
* * * * * * *
Silicon 8 UN1818............ II... 8....... A3, A6, B2, B6, None......... 202 242 1 L............... 30 L.............. C......... 40
tetrachloride. T10, TP2, TP7,
TP13.
* * * * * * *
Silver nitrate. 5.1 UN1493............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 242 5 kg.............. 25 kg............. A.........
TP33.
* * * * * * *
Sodium bromate. 5.1 UN1494............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 242 5 kg.............. 25 kg............. A......... 56, 58
TP33.
* * * * * * *
Sodium chlorate 5.1 UN1495............ II... 5.1..... A9, IB8, IP2, IP4, 152.......... 212 240 5 kg.............. 25 kg............. A......... 56, 58
N34, T3, TP33.
* * * * * * *
Sodium 5.1 UN3247............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 240 5 kg.............. 25 kg............. A......... 13, 25
peroxoborate, TP33.
anhydrous.
Sodium 5.1 UN1505............ III.. 5.1..... A1, IB8, IP3, T1, 152.......... 213 240 25 kg............. 100 kg............ A......... 58, 145
persulfate. TP33.
* * * * * * *
Trichloroisocya 5.1 UN2468............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 240 5 kg.............. 25 kg............. A......... 13
nuric acid, TP33.
dry.
* * * * * * *
Trimethyltrichl 3 UN1298............ II... 3, 8.... A3, A7, B77, N34, None......... 206 243 1 L............... 5 L............... E......... 40
orosilane. T10, TP2, TP7,
TP13.
* * * * * * *
Vinyltrichloros 3 UN1305............ II... 3, 8.... A3, A7, B6, N34, None......... 206 243 1 L............... 5 L............... B......... 40
ilane, T10, TP2, TP7,
stabilized. 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
* * * * * * *
G.......... Water-reactive 4.3 UN3131............ I.... 4.3, 8.. IB4, IP1, N40, T9, None......... 211 242 Forbidden......... 15 kg............. D.........
solid, TP7, TP33.
corrosive,
n.o.s.
II... 4.3, 8.. IB6, IP2, T3, TP33 151.......... 212 242 15 kg............. 50 kg............. E......... 85
III.. 4.3, 8.. IB8, IP4, T1, TP33 151.......... 213 241 25 kg............. 100 kg............ E......... 85
* * * * * * *
G.......... Water-reactive 4.3 UN2813............ I.... 4.3..... IB4, N40, T9, TP7, None......... 211 242 Forbidden......... 15 kg............. E......... 40
solid, n.o.s.. TP33.
II... 4.3..... IB7, IP2, T3, TP33 151.......... 212 242 15 kg............. 50 kg............. E......... 40
III.. 4.3..... IB8, IP4, T1, TP33 151.......... 213 241 25 kg............. 100 kg............ E......... 40
[[Page 2248]]
* * * * * * *
Zinc ammonium 5.1 UN1512............ II... 5.1..... IB8, IP2, IP4, T3, None......... 212 242 5 kg.............. 25 kg............. E.........
nitrite. TP33.
* * * * * * *
Zinc nitrate... 5.1 UN1514............ II... 5.1..... IB8, IP2, IP4, T3, 152.......... 212 240 5 kg.............. 25 kg............. A.........
TP33.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 2249]]
* * * * *
0
11. In Appendix B to Sec. 172.101, introductory paragraphs 4 and 5 are
revised and four entries from the table 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
* * * * * * *
------------------------------------------------------------------------
0
12. In Sec. 172.102:
0
a. In paragraph (c)(1), Special Provisions 130, 136 b., 137, 138, 150,
177, 188 and 189 are revised; new Special Provisions 62, 198, 237, 332,
and 335 are added; and Special Provisions 36 and 173 are removed.
0
b. In paragraph (c)(2), Special Provisions A59 and A60 are revised.
0
c. In paragraph (c)(4), revise The table 2IP Codes.
0
d. In paragraph (c)(5), Special Provision N82 is revised and new
Special Provision N90 is added.
0
e. 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 Dry batteries not specifically covered by another entry in the
Sec. 172.101 Table must be described using this entry. Batteries
described as ``Batteries, dry, sealed, n.o.s'' are hermetically sealed
and generally utilize metals (other than lead) and/or carbon as
electrodes. These batteries are typically used for portable power
applications. The rechargeable (and some non-rechargeable) types have
gelled alkaline electrolytes (rather than acidic) making it difficult
for them to generate hydrogen or oxygen when overcharged and therefore,
differentiating them from non-spillable batteries. ``Batteries, dry,
sealed, n.o.s.'' are not subject to any other requirements of this
subchapter except for the following:
(1) Incident reporting requirements. For transportation by
aircraft, a telephone report in accordance with Sec. 171.15(a) is
required if a fire, violent rupture, explosion or dangerous evolution
of heat (i.e., an amount of heat sufficient to be dangerous to
packaging or personal safety to include charring of packaging, melting
of packaging, scorching of packaging, or other evidence) occurs as a
direct result of a dry battery. For all modes of transportation, a
written report submitted, retained, and updated in accordance with
Sec. 171.16 is required if a fire, violent rupture, explosion or
dangerous evolution of heat occurs as a direct result of a dry battery
or battery-powered device;
(2) Batteries and battery-powered device(s) containing batteries
must be prepared and packaged for transport in a manner to prevent:
(i) A dangerous evolution of heat;
(ii) Short circuits, including but not limited to the following
methods:
(a) Packaging each battery or each battery-powered device when
practicable, in fully enclosed inner packagings made of non-conductive
material;
(b) Separating or packaging batteries in a manner to prevent
contact with other batteries, devices or conductive materials (e.g.,
metal) in the packagings; or
(c) Ensuring exposed terminals or connectors are protected with
non-conductive caps, non-conductive tape, or by other appropriate
means; and
(iii) Damage to terminals. If not impact resistant, the outer
packaging should not be used as the sole means of protecting the
battery terminals from damage or short circuiting. Batteries must be
securely cushioned and packed to prevent shifting which could loosen
terminal caps or reorient the terminals to produce short circuits.
Batteries contained in devices must be securely installed. Terminal
protection methods include but are not limited to the following:
(a) Securely attaching covers of sufficient strength to protect the
terminals;
(b) Packaging the battery in a rigid plastic packaging; or
(c) Constructing the battery with terminals that are recessed or
otherwise protected so that the terminals will not be subjected to
damage if the package is dropped.
[[Page 2250]]
(3) When transported by aircraft, for a battery whose voltage
(electrical potential) exceeds 9 volts:
(i) When contained in a device, the device must be packaged in a
manner that prevents unintentional activation or must have an
independent means of preventing unintentional activation (e.g.,
packaging restricts access to activation switch, switch caps or locks,
recessed switches, trigger locks, temperature sensitive circuit
breakers, etc.); and
(ii) An indication of compliance with this special provision must
be provided by marking each package with the words ``not restricted''
or by including the words ``not restricted'' on a transport document
such as an air waybill accompanying the shipment.
* * * * *
136 * * *
b. The quantities of hazardous materials do not exceed those
specified in Sec. 173.4a of this subchapter; and
* * * * *
137 Cotton, dry; flax, dry; sisal, dry; and tampico fiber, dry are
not subject to the requirements of this subchapter when they are baled
in accordance with ISO 8115, ``Cotton Bales--Dimensions and Density''
(IBR, see 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 1:1,000 with
0.07 M (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
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 Packing Group II regardless of
variations in volatility.
* * * * *
188 Small lithium cells and batteries. Lithium cells or batteries,
including cells or batteries packed with or contained in equipment, are
not subject to any other requirements of this subchapter if they meet
all of the following:
a. Primary lithium batteries and cells.
(1) Primary lithium batteries and cells are forbidden for transport
aboard passenger-carrying aircraft. The outside of each package that
contains primary (nonrechargeable) lithium batteries or cells must be
marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR
TRANSPORT ABOARD PASSENGER AIRCRAFT'' on a background of contrasting
color. The letters in the marking must be:
(i) At least 12 mm (0.5 inch) in height on packages having a gross
weight of more than 30 kg (66 pounds); or
(ii) At least 6 mm (0.25 inch) on packages having a gross weight of
30 kg (66 pounds) or less, except that smaller font may be used as
necessary to fit package dimensions; and
(2) The provisions of paragraph (a)(1) do not apply to packages
that contain 5 kg (11 pounds) net weight or less of primary lithium
batteries or cells that are contained in or packed with equipment and
the package contains no more than the number of lithium batteries or
cells necessary to power the piece of equipment;
b. For a lithium metal or lithium alloy cell, the lithium content
is not more than 1.0 g. For a lithium-ion cell, the equivalent lithium
content is not more than 1.5 g;
c. For a lithium metal or lithium alloy battery, the aggregate
lithium content is not more than 2.0 g. For a lithium-ion battery, the
aggregate equivalent lithium content is not more than 8 g;
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 or packaged in a manner to
prevent short circuits and are packed in a strong outer packaging or
are contained in equipment;
f. Effective October 1, 2008, except when contained in equipment,
each package containing more than 24 lithium cells or 12 lithium
batteries must be:
(1) Marked to indicate that it contains lithium batteries, and
special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains
lithium batteries and special procedures should be followed if the
package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds).
This requirement does not apply to lithium cells or batteries packed
with equipment;
g. Electrical devices must conform to Sec. 173.21;
h. For transportation by aircraft, a telephone report in accordance
with Sec. 171.15(a) is required if a fire, violent rupture, explosion
or dangerous evolution of heat (i.e., an amount of heat sufficient to
be dangerous to packaging or personal safety to include charring of
packaging, melting of packaging, scorching of packaging, or other
evidence) occurs as a direct result of a lithium battery. For all modes
of transportation, a written report submitted, retained, and updated in
accordance with Sec. 171.16 is required if a fire, violent rupture,
explosion or dangerous evolution of heat occurs as a direct result of a
lithium battery or battery-powered device; and
i. Lithium batteries or cells are not authorized aboard an aircraft
in checked or carry-on luggage except as provided in 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
[[Page 2251]]
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 or packaged in a manner to
prevent short circuits and are packed in a strong outer packaging or
are contained in equipment.
e. The outside of each package must be marked ``LITHIUM BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL'' on a background of
contrasting color, in letters:
(1) At least 12 mm (0.5 inch) in height on packages having a gross
weight of more than 30 kg (66 pounds); or
(2) At least 6 mm (0.25 inch) on packages having a gross weight of
30 kg (66 pounds) or less, except that smaller font may be used as
necessary to fit package dimensions.
f. Except when contained in equipment, each package containing more
than 24 lithium cells or 12 lithium batteries must be:
(1) Marked to indicate that it contains lithium batteries, and
special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains
lithium batteries and special procedures should be followed if the
package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any
orientation without damage to cells or batteries contained in the
package, without shifting of the contents that would allow short
circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds).
This requirement does not apply to lithium cells or batteries packed
with equipment.
g. Electrical devices must conform to Sec. 173.21 of this
subchapter; and
h. A written report submitted, retained, and updated in accordance
with Sec. 171.16 is required if a fire, violent rupture, explosion or
dangerous evolution of heat (i.e., an amount of heat sufficient to be
dangerous to packaging or personal safety to include charring of
packaging, melting of packaging, scorching of packaging, or other
evidence) occurs as a direct result of a lithium battery or battery-
powered device.
* * * * *
198 Nitrocellulose solutions containing not more than 20%
nitrocellulose may be transported as paint or printing ink, as
applicable. See UN1210, UN1263, UN3066, UN3469, and UN3470.
237 ``Batteries, dry, containing potassium hydroxide solid,
electric storage'' must be prepared and packaged in accordance with the
requirements of Sec. 173.159(a), (b), and (c). For transportation by
aircraft, the provisions of Sec. 173.159(b)(2) are applicable.
332 Magnesium nitrate hexahydrate is not subject to the
requirements of this subchapter.
335 Mixtures of solids that are not subject to this subchapter and
environmentally hazardous liquids or solids may be classified as
``Environmentally hazardous substances, solid, n.o.s,'' UN3077 and may
be transported under this entry, provided there is no free liquid
visible at the time the material is loaded or at the time the packaging
or transport unit is closed. Each transport unit must be leakproof when
used as bulk packaging.
* * * * *
(2) * * *
A59 Sterilization devices, when containing less than 30 mL per
inner packaging with no more than 300 mL per outer packaging may be
transported in accordance with provisions in Sec. 173.4a, irrespective
of Sec. 173.4a(b). In addition, after filling, each inner packaging
must be determined to be leak-tight by placing the inner packaging in a
hot water bath at a temperature and for a period of time sufficient to
ensure an internal pressure equal to the vapor pressure of ethylene
oxide at 55 [deg]C is achieved. Any inner packaging showing evidence of
leakage, distortion or other defect under this test may not be
transported under the terms of this special provision. In addition to
the packaging required in Sec. 173.4a, inner packagings must be placed
in a sealed plastic bag compatible with ethylene oxide and capable of
containing the contents in the event of breakage or leakage of the
inner packaging. Glass inner packagings must be placed within a
protective shield capable of preventing the glass from puncturing the
plastic bag in the event of damage to the packaging (e.g., crushing).
A60 Sterilization devices, when containing less than 30 mL per
inner packaging with not more than 150 mL per outer packaging, may be
transported in accordance with the provisions in Sec. 173.4a,
irrespective of Sec. 173.4a(b), provided such packagings were first
subjected to comparative fire testing. Comparative fire testing must
show no difference in burning rate between a package as prepared for
transport (including the substance to be transported) and an identical
package filled with water.
* * * * *
(4) * * *
Table 2--IP Codes
----------------------------------------------------------------------------------------------------------------
IBC code Authorized IBCs
----------------------------------------------------------------------------------------------------------------
IP1.................................. IBCs must be packed in closed freight containers or a closed transport
vehicle.
IP2.................................. When IBCs other than metal or rigid plastics IBCs are used, they must be
offered for transportation in a closed freight container or a closed
transport vehicle.
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.
[[Page 2252]]
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 siftproof,
water-resistant, fiberboard IBCs when transported in closed freight
containers or transport vehicles.
----------------------------------------------------------------------------------------------------------------
(5) * * *
Code/Special Provisions
* * * * *
N82 See Sec. 173.115 of this subchapter for classification
criteria for flammable aerosols.
* * * * *
N90 Metal packagings are not authorized.
* * * * *
0
13. In Sec. 172.202, paragraph (a)(3) introductory text, paragraph
(a)(4), and (a)(6)(vi) are revised to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(3) The hazard class or division number prescribed for the
material, as shown in Column (3) of the 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
(explosives) materials; self-reactive substances; batteries other than
those containing lithium, lithium ions, or sodium; Division 5.2
materials; and entries that are not assigned a packing group (e.g.,
Class 7) are excepted from this requirement. The packing group may be
preceded by the letters ``PG'' for example ``PG II;'' and
* * * * *
(6) * * *
(vi) For items where ``No Limit'' is shown in Column (9A) or (9B)
of the 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
* * * * *
0
14. In Sec. 172.322, paragraphs (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 single packagings or combination packagings where each
single package or each inner packaging of combination packagings has:
(i) A net quantity of 5 L (1.3 gallons) or less for liquids; or
(ii) A net mass of 5 kg (11 pounds) or less for solids
* * * * *
(e) MARINE POLLUTANT mark. Effective January 14, 2010 the MARINE
POLLUTANT mark must conform to the following:
(1) Except for size, the MARINE POLLUTANT mark must appear as
follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.000
Symbol (fish and tree): Black on white or suitable contrasting
background.
(2) The symbol and border must be black and the background white,
or the symbol, border and background must be of contrasting color to
the surface to which the mark is to be affixed. Each side of the mark
must be--
(i) At least 100 mm (4 inches) for marks applied to:
(A) Non-bulk packages, except in the case of packages which,
because of their size, can only bear smaller marks;
(B) Bulk packages with a capacity of less than 3,785 L (1,000
gallons); or
(ii) At least 250 mm (10 inches) for marks applied to all other
bulk packages.
* * * * *
0
15. 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.
* * * * *
0
16. 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).
* * * * *
0
17. In Sec. 172.402, paragraph (d)(1) is revised to read as follows:
Sec. 172.402 Additional labeling requirements.
* * * * *
(d) * * *
(1) For a package containing a Class 7 material that also meets the
definition of one or more additional hazard classes, whether or not the
material satisfies Sec. 173.4a(b)(7) of this subchapter, a subsidiary
label is not required on the package if the material conforms to the
remaining criteria in Sec. 173.4a of this subchapter.
* * * * *
0
18. 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.
0
19. Section 172.448 is revised to read as follows:
[[Page 2253]]
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] TR14JA09.001
(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.
0
20. In Sec. 172.500, paragraph (b)(5) is revised to read as follows:
Sec. 172.500 Applicability of placarding requirements.
* * * * *
(b) * * *
(5) Hazardous materials which are packaged as small quantities
under the provisions of Sec. Sec. 173.4, 173.4a, 173.4b of this
subchapter; and
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
21. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
22. 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;
(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 for domestic highway or rail transport only.''
[[Page 2254]]
(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) Lithium batteries and cells are not eligible for the exceptions
provided in this section.
0
23. 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 shipper's responsibilities to properly class their material
in accordance with Sec. 173.22 of this subchapter;
(2) Sections 171.15 and 171.16 of this subchapter pertaining to the
reporting of incidents; and
(3) For a Class 7 (Radioactive) material the requirements for an
excepted package.
(b) Authorized materials. Only materials authorized for transport
aboard passenger aircraft and appropriately classed within one of the
following hazard classes or divisions may be transported in accordance
with this section:
(1) Division 2.2 materials with no subsidiary hazard;
(2) Class 3 materials;
(3) Class 4 (PG II and III) materials except for self-reactive
materials;
(4) Division 5.1 (PG II and III);
(5) Division 5.2 materials only when contained in a chemical kit or
a first aid kit;
(6) Division 6.1, other than PG I, Hazard Zone A or B material;
(7) Class 7, Radioactive material in excepted packages
(8) Class 8 (PG II and III), except for UN2803 (Gallium) and UN2809
(Mercury); and
(9) Class 9, except for UN1845 (Carbon dioxide, solid or Dry ice),
and lithium batteries and cells.
(c) Inner packaging limits. The maximum quantity of hazardous
materials in each inner packaging is limited to:
(1) 1 g (0.04 ounce) or 1 mL (0.03 ounce) for solids or liquids of
Division 6.1, Packing Group I or II or other materials that also meet
the definition of a toxic material;
(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 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) of this section may
be performed on a different but identical package; that is, all tests
need not be performed on the same package.
(g) Marking. Excepted quantities of hazardous materials packaged,
marked, and otherwise offered and transported in accordance with this
section must be durably and legibly marked with the following marking:
[[Page 2255]]
[GRAPHIC] [TIFF OMITTED] TR14JA09.002
(1) The ``*'' must be replaced by the primary hazard class, or when
assigned, the division of each of the hazardous materials contained in
the package. The ``**'' must be replaced by the name of the shipper or
consignee if not shown elsewhere on the package.
(2) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm
(3.9 inches), and must be durable and clearly visible.
(h) Documentation. (1) For transportation by highway or rail, no
shipping paper is required.
(2) For transport by air, a shipping paper is not required, except
that, if a document such as an air waybill accompanies a shipment, the
document must include the statement ``Dangerous Goods in Excepted
Quantities'' and indicate the number of packages.
(3) For transport by vessel, a shipping paper is required and must
include the statement ``Dangerous Goods in Excepted Quantities'' and
indicate the number of packages.
(i) Training. Each person who offers or transports excepted
quantities of hazardous materials must know about the requirements of
this section.
(j) Restrictions. Hazardous material packaged in accordance with
this section may not be carried in checked or carry-on baggage.
0
24. 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]
0
25. In Sec. 173.12, 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.
0
26. 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.
* * * * *
0
27. In Sec. 173.24, paragraph (c)(2) is revised to read as follows:
Sec. 173.24 General requirements for packagings and packages.
* * * * *
(c) * * *
(2) The packaging is permitted under, and conforms to, provisions
contained in subparts B or C of part 171 of this subchapter or
Sec. Sec. 173.3, 173.4, 173.4a, 173.4b, 173.5, 173.5a, 173.6, 173.7,
173.8, 173.27, or Sec. 176.11 of this subchapter.
* * * * *
0
28. 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. (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
[[Page 2256]]
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.
0
29. 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 No. PI
------------------------------------------------------------------------
* * * * *
UN0505....................................................... 135
UN0506....................................................... 135
UN0507....................................................... 135
UN0508....................................................... 114(b)
UN0509....................................................... 114(b)
* * * * *
------------------------------------------------------------------------
(c) * * *
(5) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Packing instruction Inner packagings Intermediate packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
114(b) This packing instruction Bags: Not necessary.......... Boxes:
applies to dry solids. paper, kraft, plastics. natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR textile, sift-proof.... (4C1).
EXCEPTIONS:. woven plastics, sift- natural wood, sift
1. For UN 0077, 0132, 0234, 0235 and proof. proof walls (4C2).
0236, packagings must be lead free. Receptacles:........... plywood (4D).
2. For UN 0160 and UN 0161, when fibreboard............. reconstituted wood
metal drums (1A2 or 1B2) are used as metal, paper........... (4F).
the outer packaging, metal pack- plastics, woven fibreboard (4G).
agings must be so constructed that plastics, sift-proof. Drums:
the risk of explosion, by reason of steel, removable head
increased internal pressure from (1A2).
internal or external causes is pre- aluminum, removable
vented. head (1B2).
3. For UN 0160, UN 0161, and UN0508, plywood (1D).
inner packagings are not necessary fiber (1G).
if drums are used as the outer plastics, removable
packaging. head (1H2).
4. For UN 0508 and UN0509, metal
packagings shall not be used.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
30. In Sec. 173.115, paragraph (b) is revised, paragraph (k) is
redesignated as paragraph (l), and a 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 a gauge pressure of 200 kPa (25.9 psig/
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):
(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.
[[Page 2257]]
(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).
* * * * *
0
31. In Sec. 173.134, 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.
* * * * *
0
32. 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.
0
33. 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 must be prepared and packaged for transport in a
manner to prevent:
(1) A dangerous evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging or personal safety to include
charring of packaging, melting of packaging, scorching of packaging, or
other evidence);
(2) Short circuits, including, but not limited to:
(i) Packaging each battery or each battery-powered device when
practicable, in fully enclosed inner packagings made of non-conductive
material;
(ii) Separating or packaging batteries and battery-powered devices
in a manner to prevent contact with other batteries, devices or
conductive materials (e.g., metal) in the packagings; or
(iii) Ensuring exposed terminals are protected with non-conductive
caps, non-conductive tape, or by other appropriate means; and
(3) Damage to terminals. If not impact resistant, the outer
packaging must not be used as the sole means of protecting the battery
terminals from damage or short circuiting. Batteries must be securely
cushioned and packed to prevent shifting which could loosen terminal
caps or reorient the terminals. Batteries contained in devices must be
securely installed. Terminal protection methods include but are not
limited to:
(i) Securely attaching covers of sufficient strength to protect the
terminals;
(ii) Packaging the battery in a rigid plastic packaging; or
(iii) Constructing the battery with terminals that are recessed or
otherwise protected so that the terminals will not be subjected to
damage if the package is dropped.
(b) For transportation by aircraft:
(1) The packaging for wet batteries must incorporate an acid- or
alkali-proof liner, or include a supplementary packaging with
sufficient strength and adequately sealed to prevent leakage of
electrolyte fluid in the event of spillage; and
(2) Any battery-powered device, equipment or vehicle must be
packaged for transport in a manner to prevent unintentional activation
or must have an independent means of preventing unintentional
activation (e.g., packaging restricts access to activation switch,
switch caps or locks, recessed switches, trigger locks, temperature
sensitive circuit breakers, etc.).
(c) The following specification packagings are authorized for
batteries packed without other materials provided all requirements of
paragraph (a) of this section, and for transportation by aircraft,
paragraph (b) of this section are met:
(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
(2,000 pounds), a superimposed weight of 1814 kg (4,000 pounds).
Battery terminals must not be relied upon to support any part of the
superimposed weight and must not short out if a conductive material is
placed in direct contact with them.
(2) Electric storage batteries weighing 225 kg (500 pounds) or
more, consisting of carriers' equipment, may be shipped by rail when
mounted on suitable skids. Such shipments may not be offered in
interchange service.
(3) One to three batteries not over 11.3 kg (25 pounds) each,
packed in strong outer boxes. The maximum authorized gross weight is 34
kg (75 pounds).
(4) Not more than four batteries not over 7 kg (15 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).
(5) Not more than five batteries not over 4.5 kg (10 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).
(6) Single batteries not exceeding 34 kg (75 pounds) each, packed
in 5-sided slip covers or in completely closed fiberboard boxes. Slip
covers and boxes must be of solid or double-faced corrugated fiberboard
of at least 91 kg (200 pounds) Mullen test strength. The slip cover or
fiberboard box must fit snugly and provide inside top clearance of at
least 1.3 cm (0.5 inch) above battery terminals and filler caps with
reinforcement in place. Assembled for shipment, the bottom edges of the
slipcover must come to within 2.5 cm (1 inch) of the bottom of the
battery. The completed package (battery and box or
[[Page 2258]]
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 95 5
minutes for each mounting position (direction of vibrator) of the
battery. The battery must be tested in three mutually perpendicular
positions (to include testing with fill openings and vents, if any, in
an inverted position) for equal time periods.
(2) Pressure differential test. Following the vibration test, the
battery must be stored for six hours at 24 [deg]C 4 [deg]C
(75[deg]F 7 [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.
0
34. 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. For transportation by aircraft, a telephone
report in accordance with Sec. 171.15(a) is required if a fire,
violent rupture, explosion or dangerous evolution of heat (i.e., an
amount of heat sufficient to be dangerous to packaging or personal
safety to include charring of packaging, melting of packaging,
scorching of packaging, or other evidence) occurs as a direct result of
a nonspillable battery. For all modes of transportation, a written
report in accordance with Sec. 171.16(a) is required if a fire,
violent rupture, explosion or dangerous evolution of heat occurs as a
direct result of a nonspillable battery.
(c) Non-spillable batteries are excepted from the packaging
requirements of 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) The battery and outer packaging must be plainly and durably
marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY.'' The requirement to
mark the outer package does not apply when the battery is installed in
a piece of equipment that is transported unpackaged.
[[Page 2259]]
(d) Non-spillable batteries are excepted from all other
requirements of this subchapter when offered for transportation and
transported in accordance with paragraph (c) of this section and the
following:
(1) At a temperature of 55 [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) For transport by aircraft, when contained in a battery-powered
device, equipment or vehicle must be prepared and packaged for
transport in a manner to prevent unintentional activation in
conformance with Sec. 173.159(b)(2) of this Subpart.
0
35. In Sec. 173.168, paragraph (a) is revised to read as follows:
Sec. 173.168 Chemical oxygen generators.
* * * * *
(a) Approval. A chemical oxygen generator that is shipped with an
explosive or non-explosive means of initiation attached must be classed
and approved by the Associate Administrator in accordance with the
procedures specified in Sec. 173.56 of this subchapter.
* * * * *
0
36. 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.''
0
37. 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.
* * * * *
0
38. 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
(c) Except for transportation by passenger aircraft, the following
single packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1
Plastic receptacle in steel drum: 6HA1
0
39. 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
* * * * *
(c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against a dangerous evolution of heat,
short circuits, and damage to terminals in conformance with Sec.
173.159(a) and leakage; or must be 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(b)(2) as applicable, other applicable requirements of this
subchapter, including shipping papers, emergency response information,
notification of pilot-in-command, general packaging requirements, and
the requirements specified in Sec. 173.27 must be met. For
transportation by vessel, additional exceptions are specified in Sec.
176.905 of this subchapter.
0
40. 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
[[Page 2260]]
subsidiary risks and refrigerated liquefied gases are not authorized;
and
* * * * *
0
41. 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.
0
b. In paragraph (e), the Organic Peroxide IBC Table is amended by
removing and adding the following entries in the appropriate order.
0
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concent. (mass Diluent (mass Diluent (mass Diluent (mass Water (mass Packing Temp
Technical name ID No. %) %) A %) B %) I %) method Temp control emergency Notes
(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-butylperoxyisopropyl) Exempt........ <=42........... ............... ............... >=58............ ............. Exempt....... ............. ............. .............
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.......... .............
* * * * * * *
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.
[[Page 2261]]
* * * * * * *
1,1-Di-(tert-butylperoxy)- 3105.......... <=43 + <=16.... >=41........... ............... ................ ............. OP7.......... ............. ............. .............
Cyclohexane + tert-butyl peroxy-
2-ethylhexanoate.
* * * * * * *
Di-(2-tert-butylperoxyisopropyl) Exempt........ <=42........... ............... ............... >=58............ ............. Exempt....... ............. ............. 29
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 31) >=70........... ............... ................ ............. OP8.......... ............. ............. 31
peroxide(s).
* * * * * * *
3,3,5,7,7-Pentamethyl-1,2,4- 3107......... <=100.......... ............... ............... ................ ............. OP8.......... ............. ............. .............
Trioxepane.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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) * * *
[[Page 2262]]
Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
Maximum
UN No. Organic peroxide Type of IBC quantity Control Emergency
(liters) temperature temperature
----------------------------------------------------------------------------------------------------------------
[Remove]
* * * * * * *
3109 ORGANIC PEROXIDE, TYPE F, LIQUID
* * * * * * *
tert-Butyl peroxy-3,5,5- 31A............ 1250.
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-3,5,5- 31A............ 1250.
trimethylhexanoate, not
more than 37% in diluent
type A.
31HA1.......... 1000.
* * * * * * *
1,1-Di-(tert-Butylperoxy) 31A............ 1250.
cyclohexane, not more
than 37% in diluent type
A.
* * * * * * *
3119 ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
* * * * * * *
tert-Amyl peroxypivalate, 31A............ 1250.......... +10 [deg]C..... +15 [deg]C.
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.
* * * * * * *
Di-(2- 31A............ 1250.......... -15 [deg]C..... -5 [deg]C.
neodecanoylperoxyisoprop
yl) 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) * * *
[[Page 2263]]
Organic Peroxide Portable Tank Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum shell
Minimum test thickness (mm- Bottom opening Pressure
UN No. Hazardous material pressure reference requirements relief Filling limits Control Emergency
(bar) steel) See... requirements temperature temperature
See... See...
--------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]
* * * * * * *
3119 ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
Di-(3,5,5-trimethyl- 4............ Sec. Sec. 178.275 Sec. 178.275 Not more than 90% 0 [deg]C..... +5 [deg]C.
hexanoyl) peroxide, 178.274 (d)(3). (g)(1). at 59 [deg]F (15
not more than 38% in (d)(2). [deg]C).
diluent type A.
* * * * * * *
[Add]
* * * * * * *
3119 ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
tert-Amyl 4............ Sec. Sec. 178.275 Sec. 178.275 Not more than 90% -10 [deg]C... -5 [deg]C.
peroxyneodecanoate, 178.274 (d)(3). (g)(1). at 59 [deg]F (15
not more than 47% in (d)(2). [deg]C).
diluent type A.
* * * * * * *
Di-(3,5,5-trimethyl- 4............ Sec. Sec. 178.275 Sec. 178.275 Not more than 90% 0 [deg]C..... +5 [deg]C.
hexanoyl) peroxide, 178.274 (d)(3). (g)(1). at 59 [deg]F (15
not more than 38% in (d)(2). [deg]C).
diluent type A or type
B.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
42. 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 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.
* * * * *
0
43. 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 in or packed with equipment, must be designed
and constructed to prevent fuel leakage under normal conditions of
transportation. Fuel cell cartridge design types using liquids as fuels
must pass an internal pressure test at a gauge pressure of 100 kPa (15
psig) without leakage. Except for fuel cell cartridges containing
hydrogen in metal hydride which must be in conformance with paragraph
(d) of this section, each fuel cell cartridge design type including
when contained in or packed with equipment, must pass a 1.2 meter (3.9
feet) drop test onto an unyielding surface in the orientation most
likely to result in the failure of the containment system with no loss
of contents. Fuel cell cartridges installed in or integral to a fuel
cell system are regarded as contained in equipment. Fuel cell
cartridges containing a Division 2.1, Division 4.3 or Class 8 material
must meet the following additional requirements.
(b) A fuel cell cartridge designed to contain a Division 4.3 or a
Class 8 material may contain an activator provided it is fitted with
two independent means of preventing unintended mixing with the fuel
during transport.
(c) Each fuel cell cartridge designed to contain a liquefied
flammable gas must:
[[Page 2264]]
(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 a design type that has been
subjected, without leakage or bursting, a pressure of at least two
times the design pressure of the cartridge at 55 [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 at which the
test is conducted is referred to as the ``minimum shell burst
pressure.'' The pressure within the fuel cell cartridge must not exceed
5 MPa (725 psig) at 55 [deg]C (131 [deg]F).
(3) Each fuel cell cartridge must be filled in accordance with the
procedure provided by the manufacturer. The manufacturer must provide
the following information with each fuel cell cartridge:
(i) Inspection procedures to be carried out before initial filling
and before refilling of the fuel cell cartridge;
(ii) Safety precautions and potential hazards to be aware of;
(iii) A method of determining when the rated capacity has been
achieved;
(iv) Minimum and maximum pressure range;
(v) Minimum and maximum temperature range; and
(vi) Any other requirements to be met for initial filling and
refilling including the type of equipment to be used.
(4) Each fuel cell cartridge must be permanently marked with the
following information:
(i) The rated charging pressure in megapascals (MPa);
(ii) The manufacturer's serial number of the fuel cell cartridges
or unique identification number; and
(iii) The expiration date based on the maximum service life (yyyy/
mm).
(5) Design type tests: Each fuel cell cartridge design type must be
subjected to and pass the following tests (this includes cartridges
integral to a fuel cell):
(i) Drop test. A 1.8 m (5.9 feet) drop test onto an unyielding
surface must be performed. There must be no leakage. 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. A fuel cell cartridge filled to rated capacity
(with hydrogen) must be subjected to a fire engulfment test. The
cartridge design (including design types with an integral vent feature)
is deemed to pass the fire test if:
(A) The internal pressure vents to zero gauge pressure without the
rupture of the cartridge; or
(B) The cartridge withstands the fire for a minimum of 20 minutes
without rupture.
(iii) Hydrogen cycling test. A fuel cell cartridge must be
subjected to a hydrogen cycling test to ensure that the design stress
limits are not exceeded during use. The fuel cell cartridge must be
cycled from not more than 5% rated hydrogen capacity to not less than
95% rated hydrogen capacity and back to not more than 5% rated hydrogen
capacity. The rated charging pressure must be used for charging and
temperatures must be within the operating temperature range. The
cycling must be continued for at least 100 cycles. Following the
cycling test the fuel cell cartridge must be charged and the water
volume displaced by the cartridge must be measured. The cartridge
design is deemed to pass the test if the water volume displaced by the
cycled cartridge does not exceed the water volume displaced by an
uncycled cartridge charged to 95% rated capacity and pressurized to 75%
of its minimum shell burst pressure.
(6) Production leak test. Each fuel cell cartridge must be tested
for leaks at 15 [deg]C 5 [deg]C (59 [deg]F 9
[deg]F) while pressurized to its rated charging pressure. There must be
no leakage. Leakage must be determined using a soap bubble solution or
other equivalent means on all possible leak locations.
(e) The following packagings are authorized provided the general
packaging requirements subpart B of part 173 of this subchapter are
met:
(1) For fuel cell cartridges, rigid packagings conforming to the
requirements of part 178 of this subchapter at the packing group II
performance level; and
(2) Strong outer packagings for fuel cell cartridges contained in
equipment or packed with equipment. Large equipment containing fuel
cell cartridges may be transported unpackaged if the equipment provides
an equivalent level of protection.
(i) Fuel cell cartridges packed with equipment must be packed in
intermediate packagings together with the equipment they are capable of
powering. The fuel cell cartridges and the equipment must be packaged
with cushioning material or dividers or inner packaging so that the
fuel cell cartridges are protected against damage that may be caused by
the shifting or placement of the equipment and the cartridges within
the outer packaging; and
(ii) Fuel cell cartridges installed in equipment must be protected
against short circuits and the entire system must be protected from
unintentional activation.
(f) For transportation by aircraft, the following additional
provisions apply:
(1) The package must comply with the applicable provisions of 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, when contained in
equipment, each fuel cell system and fuel cell cartridge must conform
to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec. 171.7 of this subchapter) or
a standard approved by the Associate Administrator;
(4) For fuel cell cartridges packed with equipment, the maximum
number of fuel cell cartridges in the intermediate packaging must be
the minimum number required to power the equipment, plus 2 spares;
(5) Large robust articles containing fuel cells may be transported
unpackaged when approved by the Associate Administrator; and
(6) The mass of a fuel cell cartridge containing a Division 4.3 or
Class 8 materials must be not more than 1 kg (2.2 lbs).
(7) Fuel cell cartridges intended for transportation in carry-on
baggage on board passenger aircraft must comply with paragraphs (a),
(b), (c), (d) in this section and the applicable provisions prescribed
in Sec. 175.10 of this subchapter.
[[Page 2265]]
(g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling,
placarding and the specification packaging requirements of this
subchapter when packaged according to this section. Each package must
conform to the packaging requirements of subpart B of this part and may
not exceed 30 kg (66 pounds) gross weight. Limited quantities of fuel
cell cartridges are not permitted for transportation by aircraft. For
transportation by highway, rail and vessel, the following combination
packagings are authorized:
(1) For flammable liquids, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon), packed in strong outer packaging.
(2) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids,
packed in strong outer packaging.
(3) For corrosive materials, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2
pounds) for solids packed in strong outer packaging.
(4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed
in strong outer packaging.
(5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity each, packed in strong outer
packaging.
(h) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (g) of this section and is a ``consumer
commodity'' as defined in 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.
0
44. 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.
0
45. 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:
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
[[Page 2266]]
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) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (a)(1), (a)(3), (a)(5), or (b) of this section
and is a ``consumer commodity'' as defined in 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. The pressure limit may be increased to 2,000 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).
0
46. 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).
* * * * *
0
47. 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. Cylinders made of aluminum alloy are not authorized.
PART 175--CARRIAGE BY AIRCRAFT
0
48. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.
0
49. In Sec. 175.10, paragraphs (a) introductory text, (a)(10),
(a)(15)(i) through (iv), (a)(17), and (a)(18) are revised and a new
paragraph (c) is added to read as follows:
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 (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 and the battery terminals are
protected to prevent short circuits, unless the wheelchair or mobility
aid design provides an effective means of preventing unintentional
activation, and
(iv) The battery is--
(A) Securely attached to the wheelchair or mobility aid;
(B) Is removed and placed in a strong, rigid packaging marked
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that
is properly marked), or
(C) Is handled in accordance with paragraph (a)(16)(iv) of this
section.
* * * * *
(17) Except as provided in Sec. 173.21 of this subchapter,
portable electronic devices (for example, watches, calculating
machines, cameras, cellular phones, lap-top and notebook computers,
camcorders, etc.) containing cells or batteries (including lithium
cells or batteries) and spare batteries and cells for these devices,
when carried by passengers or crew members for personal use. Each spare
battery must be individually protected so as to prevent short circuits
(by placement in original retail packaging or by otherwise insulating
terminals, e.g., by taping over exposed terminals or placing each
battery in a separate plastic bag or protective pouch) and carried in
carry-on baggage only. In addition, each installed or spare battery
must not exceed the following:
(i) For a lithium metal battery, a lithium content of not more than
2 grams per battery; or
(ii) For a lithium-ion battery, an aggregate equivalent lithium
content of not more than 8 grams per battery, except that up to two
batteries with an aggregate equivalent lithium content of
[[Page 2267]]
more than 8 grams but not more than 25 grams may be carried.
(18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cell cartridges per passenger or crew
member, when transported in carry-on baggage for personal use under the
following conditions:
(i) Fuel cell cartridges may contain only Division 2.1 liquefied
flammable gas, or hydrogen in a metal hydride, Class 3 flammable
liquids (including methanol), Division 4.3 water reactive substances,
or Class 8 corrosive materials;
(ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges;
(C) 200 g (7 ounces) for solids; or
(D) 120 mL (4 fluid ounces) for hydrogen in a metal hydride.
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
(v) Fuel cell cartridges containing hydrogen in a metal hydride
must meet the requirements in 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 consumer electronic device is not in use; and
(x) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify 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 apply to the air
carrier.
0
50. 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 in each hold
aboard the aircraft, and the airport at which the package(s) is to be
unloaded must be provided.
* * * * *
(c) * * *
(4) Make available, upon request, to an authorized official of a
Federal, State, or local government agency (including an emergency
responder(s)) at reasonable times and locations, the documents or
information required to be retained by this paragraph. In the event of
a reportable incident, as defined in 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.
* * * * *
0
51. In Sec. 175.75, paragraph (d) and (e) are revised, and add a new
paragraph (f) to read as follows:
Sec. 175.75 Quantity limitations and cargo location.
* * * * *
(d) Each package displaying a ``Cargo Aircraft Only'' label must be
loaded on cargo aircraft as follows:
(1) In a manner that a crew member or other authorized person can
access, handle and when size and weight permit, separate such packages
from other cargo during flight;
(2) In a cargo compartment certified by FAA as a Class C aircraft
cargo compartment as defined in 14 CFR 25.857(c); or
(3) In an FAA-certified freight container that has an approved fire
or smoke detection system and fire suppression system equivalent to
that required by the certification requirements for a Class C aircraft
cargo compartment.
(e) For cargo aircraft only, the requirements of paragraph (c) and
(d) do not apply to the following hazardous materials:
(1) Class 3--Packing Group III (that do not meet the definition of
another hazard class), Division 6.1 (except those also labeled
FLAMMABLE), Division 6.2, Class 7, Class 9 or ORM-D.
(2) Division 2.2 in that an additional 75 kg (165 pounds) net
weight of Division 2.2 material is authorized in inaccessible
locations.
(3) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional or Field Security Office in the region where the operator is
located.
(4) Packages of hazardous materials carried on small, single pilot,
cargo aircraft if:
(i) No person is carried on the aircraft other than the pilot, an
FAA inspector, the shipper or consignee of the material, a
representative of the shipper or consignee so designated in writing, or
a person necessary for handling the material;
(ii) The pilot is provided with written instructions on the
characteristics and proper handling of the materials; and
(iii) Whenever a change of pilots occurs while the material is on
board, the new pilot is briefed under a hand-to-hand signature service
provided by the operator of the aircraft.
(f) At a minimum, quantity limits and loading instructions in the
following quantity and loading tables must be followed to maintain
acceptable quantity and loading between packages containing hazardous
materials. These requirements do not apply to Class 9 or ORM-D
materials. For cargo aircraft only packages containing hazardous
materials, packages loaded in conformance with paragraph (d) of this
section are considered accessible for the purposes of the Cargo Only
Aircraft table. The quantity and loading tables are as follows:
* * * * *
[[Page 2268]]
0
52. 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 orientation of 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.
0
53. In Sec. 175.700, paragraph (a) is revised to read as follows:
Sec. 175.700 Special limitations and requirements for Class 7
materials.
(a) Except as provided in Sec. Sec. 173.4a, 173.422 and 173.423 of
this subchapter, no person may carry any Class 7 materials aboard a
passenger-carrying aircraft unless that material is intended for use
in, or incident to research (See Sec. 171.8 of this subchapter),
medical diagnosis or treatment. Regardless of its intended use, no
person may carry a Type B(M) package aboard a passenger-carrying
aircraft, a vented Type B(M) package aboard any aircraft, or a liquid
pyrophoric Class 7 material aboard any aircraft.
* * * * *
PART 176--CARRIAGE BY VESSEL
0
54. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
55. In Sec. 176.2, the definition for ``Commandant (G-MSO), USCG'' 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.
* * * * *
0
56. 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 172 and 173 of this subchapter, or as authorized
by subpart C of part 171 of this subchapter.
* * * * *
0
57. 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:
Sec. 176.84 Other requirements for stowage and segregation for cargo
vessels and passenger vessels.
* * * * *
(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.
------------------------------------------------------------------------
* * * * *
0
58. 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
0
59. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
60. In Subpart B of Part 178, add and reserve Sec. 178.33b and add new
Sec. Sec. 178.33b-1 through 178.33b-9 to read as follows:
Sec.
178.33b Specification 2S; inner nonrefillable plastic receptacles
[Reserved]
178.33b-1 Compliance.
178.33b-2 Type and size.
178.33b-3 Inspection.
178.33b-4 Duties of inspector.
178.33b-5 Material.
178.33b-6 Manufacture.
178.33b-7 Design Qualification Test.
178.33b-8 Production Tests.
178.33b-9 Marking.
Sec. 178.33b Specification 2S; inner nonrefillable plastic
receptacles [Reserved]
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
[[Page 2269]]
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) or 50 [deg]C (122 [deg]F) if the
liquid phase does not exceed 95 percent of the capacity of the
container at 50 [deg]C (122 [deg]F). This must be at least two-thirds
of the design pressure of the 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 10-3mbar.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.
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]
0
61. 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.
0
62. 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'' and the symbol for IBCs not
capable of being stacked must be displayed. For IBCs designed for
stacking, the maximum permitted stacking load applicable when the IBC
is in use must be included with the symbol for IBCs capable of being
stacked. All IBCs manufactured, repaired or remanufactured after
January 1, 2011 must display the applicable symbol as follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.003
(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.
* * * * *
0
63. 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.
* * * * *
0
64. 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.
[[Page 2270]]
Issued in Washington, DC on December 30, 2008, under authority
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. E8-31383 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-60-P