Federal Register, Volume 76 Issue 12 (Wednesday, January 19, 2011)

[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Rules and Regulations]
[Pages 3308-3389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33324]

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Part III

Department of Transportation

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

Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air; Final Rule

Federal Register / Vol. 76 , No. 12 / Wednesday, January 19, 2011 /
Rules and Regulations

[[Page 3308]]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket Nos. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE45

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

ACTION: Final rule.

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SUMMARY: 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 limited quantities, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes made to the International Maritime
Dangerous Goods Code, the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, and the United Nations Recommendations on the Transport of
Dangerous Goods--Model Regulations.

DATES: Effective date: January 19, 2011.
Voluntary compliance date: PHMSA is authorizing voluntary
compliance beginning January 1, 2011.
Delayed compliance date: Compliance with the amendments adopted in
this final rule is required beginning January 1, 2012.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of January 19, 2011.

FOR FURTHER INFORMATION CONTACT: Michael Stevens, telephone (202) 366-
8553, or Shane Kelley, telephone (202) 366-0656, Standards and
Rulemaking Division, 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. Primary Topics of Concern Discussed in the ANPRM
III. Comments Submitted in Response to Noteworthy Harmonization
Amendments Proposed in the August 24, 2010 NPRM; the Final Rule
A. Harmonization Amendments Adopted in This Final Rule
B. Harmonization Amendments Not Considered for Adoption in This
Final Rule
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. International Trade Analysis

I. Background

In a final rule published under Docket HM-181 (55 FR 52402,
December 21, 1990), the Research and Special Programs Administration
(RSPA), the predecessor agency to the Pipeline and Hazardous Materials
Safety Administration (PHMSA), comprehensively revised the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171 to 180) to harmonize U.S.
hazardous materials transportation requirements with the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations). The UN Model Regulations are not regulations, but rather
are recommendations issued by the UN Committee of Experts on the
Transport of Dangerous Goods (UNSCOE) and the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS). These Model
Regulations are amended and updated biennially by the UNSCOE and serve
as the basis for national, regional, and international modal
regulations, including the International Maritime Organization's
International Maritime Dangerous Goods Code (IMDG Code) and
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions).
Since publication of the 1990 rule, we have issued eight additional
international harmonization rules (Dockets HM-215A (59 FR 67390,
December 29, 1994); HM-215B (62 FR 24690, December 16, 1996); HM-215C
(63 FR 57929, October 29, 1998); HM-215D (66 FR 8644, February 1,
2001); HM-215E (68 FR 1013, January 8, 2003); HM-215G (69 FR 76044,
December 20, 2004); HM-215I (71 FR 78596, December 29, 2006); and HM-
215J (74 FR 2200, January 14, 2009)) based on the corresponding
biennial updates of the UN Model Regulations, the IMDG Code, and the
ICAO Technical Instructions.
To maintain alignment of the HMR with international requirements,
in this final rule, we are incorporating changes based on the sixteenth
revised edition of the UN Model Regulations, Amendment 35-10 to the
IMDG Code, and the 2011-2012 ICAO TI, which becomes effective January
1, 2011 (the IMDG Code is effective January 1, 2012).
Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards in order to promote safety or other overriding public
interest, but otherwise requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see 49 U.S.C. 5120). Harmonization enhances 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. This becomes
increasingly important as the volume of international hazardous
materials shipments grows. Harmonization also enhances safety for
international movements, but only if the international standards
themselves provide an appropriate level of safety. PHMSA actively
participates in the development of international standards for the
transportation of hazardous materials, frequently advocating the
adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the
HMR, we review and evaluate each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and not impose undue burdens on the regulated public.

II. Primary Topics of Concern Discussed in the ANPRM

PHMSA published an advance notice of proposed rulemaking (ANPRM)
(74

[[Page 3309]]

FR 53982, October 21, 2009) highlighting issues under consideration for
harmonization with international standards and requesting comments as
to whether the HMR should be amended to incorporate specific
international standards and the potential benefits and costs of doing
so.
Comments on specific harmonization issues covered in the ANPRM are
discussed in brief below. Please review the notice of proposed
rulemaking (NPRM) (75 FR 52070, August 24, 2010) for a complete
discussion of comments to the ANPRM.

A. Limited Quantities and Consumer Commodities

PHMSA has long recognized the need to authorize limited exceptions
for the transportation of classes and quantities of hazardous materials
described as limited quantities, or consumer commodities reclassed as
ORM-D. Considerable efforts have been made internationally to harmonize
multi-modal standards with regard to the transport of limited
quantities, including consumer commodities. PHMSA held public meetings
on this issue in February 2006 and March 2008 to discuss potential
impacts on domestic stakeholders. Additionally, this issue was
discussed during the agency's pre-UN public meetings held in 2006 and
2007. There was considerable domestic interest in pursuing further
harmonization internationally due to the potential for substantial
savings in transportation costs and improved transportation efficiency.
In the ANPRM (74 FR 53982, October 21, 2009), PHMSA invited comments on
this issue with regard to aligning the HMR with the UN Model
Regulations for the domestic and international transport of limited
quantities and consumer commodities. Of particular concern was any
potential negative impact on domestic transportation through the
elimination of the transportation mechanism for limited quantity
hazardous materials reclassed as ORM-D. While some changes adopted in
the UN Model Regulations are similar to provisions currently in the HMR
(e.g., inner packaging limits and authorized use of non-specification
outer packagings), some changes are not (e.g., marking and labeling).
In the ANPRM, PHMSA suggested that, depending on comments received and
our own evaluation, the agency may determine that the significance of
any amendments on this issue may warrant a separate rulemaking action.
We received several comments submitted in response to the ANPRM
supporting adoption of the UN Model Regulation limited quantity
provisions into the HMR. The commenters urged PHMSA to move forward and
adopt the limited quantity provisions as prescribed in the sixteenth
revised edition of the UN Model Regulations. However, several
commenters expressed concern that this should not be done at the
expense of the ORM-D provisions currently in the HMR. Some altogether
opposed the elimination of the existing provisions for ORM-D materials
as part of HM-215K and recommended that any changes to the requirements
be made through a separate rulemaking.
In the NPRM (75 FR 52070, August 24, 2010), PHMSA outlined its
determination, partially based on our perception of favorable comments
received in response to the ANPRM, that aligning the existing limited
quantity provisions in the HMR with the international standards and
regulations (i.e., UN Model Regulations, IMDG Code and the ICAO TI)
would enhance safety by facilitating a single, uniform system of
transporting limited quantity materials. We emphasized the proposals
did not include the immediate or short-term removal of the existing
provisions in the HMR for limited quantities reclassed as ORM-D
(including those for consumer commodities, cartridges, small arms and
cartridges, power device) and included a delayed compliance period we
believed was sufficient in length to allow stakeholders time to comply
with the transition to the revised limited quantity requirements and
eventual elimination of the ORM-D classification. Because the limited
quantity provisions in the UN Model Regulations and the IMDG Code are
closely aligned with those already contained in the HMR, we contended
that domestic alignment for highway, rail and vessel transportation
would result in minimal impact and regulatory burden. And, because of
the inherent risk unique to air transportation, we believed full
harmonization with the ICAO TI (where appropriate) was necessary with
regard to the materials authorized and quantity limits for limited
quantities (including consumer commodities) intended for transport by
air.

B. Classification of Division 1.4S Explosives

For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441,
UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations
have been amended to require a Type 6(d) test to determine whether such
articles may be assigned to Compatibility Group S. Assignment to
Compatibility Group S indicates that hazardous effects from accidental
functioning are limited to the extent the article or substance does not
significantly hinder or prohibit fire fighting or emergency response
efforts in the immediate vicinity of a package containing the material.
The test is designed to be performed on a single package containing an
explosive article or explosive substance to determine if the package is
capable of containing any hazardous effects in the event of an
accidental functioning of its contents. The amendment is supplemented
by revisions to the explosives testing standards in the UN Manual of
Tests and Criteria as well as the adoption of a new special provision
that would authorize the use of the above mentioned identification
numbers only if the results of the Type 6(d) test successfully
demonstrate that any hazardous effects are confined within a package.
In the ANPRM, we invited commenters to provide data and information
concerning the possible safety impacts of the new test provisions and
compliance costs that would be incurred if the new test were adopted
into the HMR. In addition, we invited commenters to provide suggestions
or recommendations concerning whether to apply the test to already-
approved explosives.
We received several comments both supporting and opposing adoption
of the Type 6(d) test to determine whether a Division 1.4 explosive
article may be assigned to Compatibility Group S. All the commenters
who addressed this issue indicated that, if adopted, the test must be
applied to previously-approved articles in a manner that is reasonable
and not overly broad. One suggestion was to allow the classification of
previously-approved explosive articles to be based on results of
testing of product groups by a PHMSA-approved laboratory or on results
of self-testing and video documentation by the manufacturer.
Commenters opposing adoption of the Type 6(d) test suggested that
more research on the practical effect of this testing requirement is
necessary and that the lack of grandfathering criteria for products
already approved as Division 1.4S explosives (e.g., power device
cartridges) is impractical, expensive, and impedes commerce. They also
indicated concern regarding the cost of articles consumed in testing in
addition to the cost of pre-testing or redesign of an article by a
manufacturer to ensure passing the Type 6(d) test, but did not quantify
these costs.

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C. Classification of Sour Crude Oil

Currently, all types of petroleum crude oil are listed as a Class 3
flammable liquid in the Sec. 172.101 Hazardous Materials Table (HMT).
PHMSA is aware that transportation of a certain type of crude oil known
as ``sour'' crude oil may pose risks not associated with other types of
crude oil due to its inherent potential of evolving hydrogen sulfide, a
highly toxic and flammable gas. Sour crude oil, commonly found in North
America, contains a high concentration of sulfur. The evolution of
hydrogen sulfide vapors from crude oil is dependent on temperature,
packaging confinement, transport conditions (e.g., sloshing), bacteria,
and sulfur concentration, among many other potential factors. When
transported in bulk packagings such as cargo tanks or tank cars, the
evolved hydrogen sulfide gas may build up in the vapor space of the
packaging, posing a potential risk, particularly during loading and
unloading.
Based on the risk of toxic vapors, the UN Model Regulations were
amended by assigning a new identification number and shipping
description for sour crude oil with a flammable primary hazard and a
toxic subsidiary hazard. Additionally, a new special provision was
added specifying the assignment of a Packing Group (PG) based on the
degree of danger presented by either the flammability or toxicity
hazard of the sour crude oil. For example, sour crude oil meeting
flammability criteria for Class 3, PG II, and toxicity criteria for
Division 6.1, PG I, poisonous-by-inhalation, would be classified as a
Class 3, PG I material.
In the ANPRM, PHMSA invited commenters to provide data and
information concerning the impact on domestic shippers and carriers if
these requirements were adopted in the HMR. The agency also asked for
comments addressing which hazard communication methods (e.g., package
markings, shipping papers) and/or packaging requirements are most cost-
effective for communicating the hazards and reducing the risks of
transporting sour crude oil.
We received comments opposing adoption of the UN amendments for the
description and classification of sour crude oil into the HMR. The
commenters recommended against requiring domestic use of the new proper
shipping name for sour crude oil with a Division 6.1 subsidiary risk
and recommended that use be limited to international transport.
Commenters further recommended that PHMSA should require drivers
engaged in the loading and unloading of sour crude oil to wear a
hydrogen sulfide monitoring device and have respiratory protection
accessible, and require warning signs at the cargo tank manhole and
area of operation. Additionally, commenters recognized that hydrogen
sulfide gas is a hazard, but suggested that classification of crude oil
at the time of shipment may not reflect the toxicity of hydrogen
sulfide in the vapor space of a cargo tank or other packaging after the
crude oil has been in transportation. They also noted that there are
best industry practices already in place that address this issue and
that the Occupational Safety and Health Administration (OSHA) has
requirements in place to communicate the hazards of hydrogen sulfide in
the workplace. They supported other means of hazard communication to
ensure that workers are aware of the hazards of hydrogen sulfide such
as a marking on a bulk packaging.

D. IBC Rebottling

Under both the UN Model Regulations and the HMR, replacement of the
rigid plastic receptacle of a composite IBC is considered a ``repair''
under certain conditions and, thus not subject to design qualification
testing as a new or different design. The UN Model Regulations were
amended to specify that a replacement bottle (i.e., rigid plastic
receptacle) must be of the original tested design type and limits the
replacement to a bottle from the original manufacturer. In the ANPRM,
we invited comments on this amendment and how, if adopted into the HMR,
it would impact the use of IBCs in domestic or international commerce.
All commenters who addressed this issue supported the adoption of
the UN Model Regulations definition of ``repair'' for IBC rebottling
purposes. The comments included a request for an extended compliance
date of January 1, 2012 to provide users and manufacturers of composite
IBCs adequate time to implement the provision and not place them at an
economic disadvantage with international counterparts.

E. Metal Hydride Storage Systems in Conveyances

A metal hydride storage system is a single complete hydrogen
storage system that includes a receptacle, metal hydride, a pressure
relief device, a shut-off valve, service equipment, and internal
components. The HMR currently do not prescribe specific packaging or
shipping methods for metal hydride storage systems containing hydrogen.
However, PHMSA has issued a number of special permits to allow the use
of these systems for transport. The UN Model Regulations, in new
Packing Instruction P205, prescribe standards for the construction,
qualification, marking and requalification of such systems. In the
ANPRM, PHMSA invited comments on whether similar standards should be
adopted into the HMR. One commenter supported adoption of the standards
for the construction, qualification, marking, and requalification of
metal hydride storage systems containing hydrogen.

F. In Vitro Testing for Corrosivity

In 1993, RSPA began recognizing an alternative test method (i.e.,
in vitro testing commercially available as Corrositex[reg]), which is
not carried out in live animals, to determine the corrosivity of a
hazardous material for transportation purposes under the terms and
conditions specified in a special permit (DOT-SP 10904). Similar in
vitro test methods are prescribed in the following Organization for
Economic Cooperation and Development (OECD) Guidelines for the Testing
of Chemicals and were adopted in the UN Model Regulations:
No. 430, ``In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)'' (2004);
No. 431, ``In Vitro Skin Corrosion: Human Skin Model
Test'' (2004); and,
No. 435, ``In Vitro Membrane Barrier Test Method for Skin
Corrosion'' (2006).
Because methods 430 and 431 can be used to determine corrosivity
for other than transportation purposes, they cannot be used to
determine the Packing Group (PG) assignment of a material that tests
positive for corrosivity for the purposes of hazardous materials
transportation. A negative result for corrosivity under methods 430 and
431 can, however, preclude further testing to determine PG assignment
using method 404, the current OECD Guideline involving in vivo testing
or method 435, the newly adopted OECD Guideline involving in vitro
testing.
All commenters responding to the ANPRM supported adoption and use
of the OECD in vitro test methods for determining corrosivity on the
basis of reducing the number of tests requiring live animals.

III. Comments Submitted in Response to Noteworthy Harmonization
Amendments Proposed in the August 24, 2010 NPRM; the Final Rule

In our latest harmonization effort, we received over 2,200 comments
in response to the NPRM (75 FR 52070, August 24, 2010). The majority of
the

[[Page 3311]]

comments received were from individuals in support of adoption of
corrosivity testing methods not based on the results of live animal
testing. The following individuals, companies, and organizations
submitted comments to the NPRM (in chronological order of submittal).
We note, however, that in lieu of listing each individual commenting,
we have listed PETA as a proxy for all comments received supporting
adoption of corrosivity testing methods alternative to live animal
testing:

(1) R.R. Street & Co. (Street);
(2) Infotrac;
(3) Vanguard Logistics Services (VLS);
(4) Zebrowski, Department of Energy (DOE);
(5) 3M;
(6) The Japan Electrical Manufacturer's Association (JEMA);
(7) Andersen Products (Andersen);
(8) FedEx Express (FedEx);
(9) Saft America, Inc. (Saft);
(10) People for the Ethical Treatment of Animals (PETA);
(11) Toshiba America Electronic Components, Inc. (TAEC);
(12) Association of Hazmat Shippers, Inc. (AHS);
(13) National Nuclear Security Administration Service Center, DOE
(NNSA);
(14) Sporting Arms and Ammunition Manufacturer's Institute (SAAMI);
(15) Baker Hughes (Baker);
(16) Signa Chemistry, Inc. (Signa);
(17) Institute of Maker's of Explosives (IME);
(18) United Parcel Service (UPS);
(19) Titan Specialties, Ltd. (Titan);
(20) Human Focused Testing;
(21) American Veterinary Medical Association (AVMA);
(22) Valspar;
(23) Utility Solid Waste Activities Group (USWAG);
(24) Trulite, Inc. (Trulite);
(25) The Rechargeable Battery Association (PRBA);
(26) American Petroleum Institute (API);
(27) American Coatings Association, Inc. (ACA);
(28) BIC Corporation (BIC);
(29) American Trucking Associations (ATA);
(30) Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA);
(31) Healthcare Distribution Management Association (HDMA);
(32) Aviation Suppliers Association (ASA);
(33) Modification and Replacement Parts Association (MARPA);
(34) International Vessel Operators Dangerous Goods Association
(IVODGA);
(35) TravelScoot, USA (Scoot);
(36) Dangerous Goods Advisory Council (DGAC);
(37) Lilliputian Systems, Inc. (LSI);
(38) Department of Defense Explosives Safety Board (ESB);
(39) Ensign-Bickford Aerospace & Defense (EBAD)
(40) Safety Specialists, Inc. (SSI);
(41) Owen Compliance Services, Inc. (OCS);
(42) Potomac Strategy Associates (PSA);
(43) Arkema, Inc. (Arkema);
(44) Association of American Railroads (AAR);
(45) Air Line Pilots Association (ALPA);
(46) US Fuel Cell Council (USFCC);
(47) International Air Transport Association (IATA);
(48) Alaska Airlines (AA);
(49) PPG Industries, Inc. (PPG); and
(50) Edgcomb Law Group (ELG).

A. Harmonization Amendments Adopted in This Final Rule

In this final rule, PHMSA is adopting the following amendments to
harmonize the HMR with the most recent revisions to the UN Model
Regulations, ICAO Technical Instructions, and the IMDG Code:
1. Petitions for Rulemaking
We are addressing one petition for rulemaking, P-1550, from PETA
requesting that PHMSA incorporate by reference OECD Guidelines 430, 431
and 435 into the HMR that prescribe in vitro testing methods for
determining corrosivity.
2. Hazardous Materials Table (HMT)
Amendments to the HMT to add, revise, or remove certain proper
shipping names, hazard classes, packing groups, special provisions,
packaging authorizations, bulk packaging requirements, passenger and
cargo aircraft maximum quantity limitations, and vessel stowage
provisions.
3. Organic Peroxide Tables
Amendments to the Organic Peroxide Tables to add, revise, or remove
certain hazardous materials and provisions.
4. Incorporation by Reference
Amendments to incorporate by reference the 2011-2012 ICAO Technical
Instructions, Amendment 35-10 to the IMDG Code, sixteenth revised
edition of the UN Model Regulations and the fifth revised edition of
the UN Manual of Tests and Criteria. Additionally, we are updating our
incorporation by reference of the Canadian Transportation of Dangerous
Goods Regulations to include Amendment 6 (SOR/2008-34) February 7, 2008
(pertains to miscellaneous amendments); and Amendment 7 (SOR/2007-179)
August 22, 2007 (pertains to highway cargo tanks). This incorporation
by reference augments the broad reciprocity provided in Sec. 171.12
where the HMR allow the use of the Canadian TDG Regulations under
certain conditions when transporting hazardous materials to or from
Canada by highway or rail.
5. Limited Quantities
We received a number of comments in response to the limited
quantity and ORM-D classification amendments proposed in the August
2010 NPRM. Commenters can basically be categorized into two groups:
Those supporting harmonization with the international standards and
regulations for limited quantities and those in opposition to the
eventual elimination of the ORM-D classification. The remainder of the
commenters offered suggestions or revisions to clarify or aid
understanding of the proposed amendments.
Those commenters generally supporting harmonization of the limited
quantity provisions include:

Alaska Airlines;
American Coatings Association;
American Trucking Associations;
Association of Hazmat Shipper, Inc.;
Council on Safe Transportation of Hazardous Articles, Inc.;
Dangerous Goods Advisory Council;
FedEx Express;
International Vessel Operators Dangerous Goods Association;
PPG Industries, Inc.;
Sporting Arms and Ammunition Manufacturers Institute, Inc.; and
United Parcel Service.

Those commenters opposing the eventual elimination of the ORM-D hazard
classification include:

American Coatings Association;
Aviation Suppliers Association;
Healthcare Distribution Management Association;
Modification and Replacement Parts Association;
PPG Industries, Inc.;
Safety Specialists, Inc.;
Utility Solid Waste Activities Group; and
Valspar.

Due to the large number of commenters and the variety of comments
provided, we outline pertinent topic areas to better address all the
comments. The comments are discussed and addressed as follows:
a. Air-specific requirements. In the NPRM, we proposed to revise
Sec. 173.27 to add a new table outlining air transport requirements
for limited quantity material including package quantity limits
consistent with the ICAO Technical Instructions. The proposed quantity
limits for air transport differ from the quantity limits for other
modes, which was a point of contention for some commenters. Three
commenters (ACA, DGAC, SSI) disagreed with the adoption of the proposed
package limits in the table and one commenter (COSTHA) expressed
concern that the table is too broad. ACA asserted:

[[Page 3312]]

Introducing these limits will only frustrate domestic
transportation and introduce unnecessary complexity into a fairly
simple process. In the coatings industry, air shipments are not the
norm and are only used when there is some urgency or the destination
is a remote location. Requiring different inner and outer packaging
quantity limits for air will eliminate the efficiency of a ``one
size fits all LQ shipments'' process.

SSI added:

Some materials that were ORM-D may not be eligible to be shipped
as limited quantity. Most inner packagings have been severely
reduced. Isopropanol UN1219 (rubbing alcohol) can be presently
shipped in inner containers up to 1 liter. Under the new Table 3 the
inner container is reduced to 500 milliliter. This product is
normally sold in pints, quarts, and gallons. Quarts would not be
eligible for limited quantity air shipments. This will require
shippers to ship in UN standard packaging, apply hazard class labels
and meet all other requirements for fully regulated shipments.

We understand that more inner packagings may be required of a
material authorized to be shipped as a limited quantity by air. SSI
used Isopropanol as an example in their comments where the inner
packaging quantity limits are reduced from 1 liter to 500 milliliters
for a Packing Group II Class 3 (flammable liquid) when the current
limits of the HMR are compared with the ICAO Technical Instructions.
SSI also stated that the product is sold in pints, quarts and gallons.
Currently under the HMR, the gallon is ineligible as a limited
quantity. Under the amendment proposed in the NPRM, the gallon and
quart would be ineligible for air transport as a limited quantity.
However, because the outer packaging quantity limit is 1 liter for a
Packing Group II Class 3 (flammable liquid), SSI would just have to
substitute 2 one-pint inner packagings for a one-quart container of
product in the same package.
DGAC reasoned:

The HMR limited quantity provisions predate ICAO TI limited
quantity provisions. When limited quantity provisions were
introduced in the ICAO TI * * * on the basis of existing U.S.
limited quantity provisions, additional limitations were included *
* * RSPA and PHMSA have, up until now, not deemed it necessary to
incorporate these limitations in the HMR. The long intervening
period between when the limits were first introduced in the ICAO TI
and the present suggests that it is unnecessary to adopt these
limits for the sake of harmonization. Further, [we are] unaware of
any new safety information that would justify introducing these
limits at this time.

DGAC further argued:

Introducing these limits will serve to frustrate domestic
transportation. A key objective of * * * PHMSA has been to provide
multimodal harmonization * * * so that the same package will
essentially be suitable by all modes of transportation. This is
currently true for limited quantity packages * * * By introducing
new limits, as shown in the table referenced by proposed Sec.
173.27(f), limited quantity packages prepared for ground or sea
transport may not necessarily be suitable for air transport. Most
shippers commonly transport * * * limited quantity packages by modes
other than air. Currently, with limited quantity package
requirements for all modes closely aligned, transporting a limited
quantity package is relatively straightforward. If the limitations
on inner and outer package quantity limits and new performance
requirements are introduced * * * it may be necessary to repackage
ground/sea limited quantity packages for purposes of air transport.
[We] are unaware of any safety concerns that would justify the
imposition of these new limitations.

Major differences already exist under the HMR for the air transport
of limited quantities as compared to other modes. For example, limited
quantity and consumer commodity inner packagings containing liquids are
subject to the pressure differential capability requirements in Sec.
173.27(c).
COSTHA explained further confusion:

It is important for shippers to use the Sec. 172.101 Table to
determine eligibility for a limited quantity * * * However, if one
uses only Table 3, the shipper may inappropriately determine that a
material is eligible for shipment as a limited quantity. For
example, [c]hlorosilanes are not permitted to be packaged in
accordance with limited quantity provisions * * * however, [certain
classes of PG II materials] (many chlorosilanes fall into these
classes) are identified as having acceptable limits * * * according
to the Sec. 173.27 Table 3. Given that limited quantities is a
source of confusion for many shippers and carriers, this table does
less to clarify a point and more to confuse the reader.

Section 173.27(f) clearly states that, for transportation by
aircraft, materials packaged as limited quantities must be eligible for
transportation aboard a passenger-carrying aircraft. In this final
rule, we are adding additional clarification in Sec. 173.27(f) to
emphasize this critical step in determining limited quantity
eligibility by also referring the reader to Column (9A) of the HMT. As
stated in the NPRM, PHMSA is studying the feasibility of revising the
HMT to further assist in determining limited quantity eligibility by
air or possibly by all modes of transportation.
Two commenters (ASA, MARPA) were critical of the nature of proposed
regulatory changes without an apparent safety need, specifically with
regard to the limited quantity marking for air transport consistent
with the ICAO Technical Instructions. The commenters argued that the
constant changes make compliance with the regulations difficult. ASA
and MARPA stated:

The 2009-2010 [ICAO TI] authorized * * * the UN identification
number in a diamond shape [as] the mandatory way to mark limited
quantity packages starting in 2011 * * * Beginning in 2011, ICAO has
abandoned the marking protocols announced in 2009, and established a
new, different identification protocol for identifying limited
quantities * * * Instead of placing the UN identification number in
the diamond shape, shippers will be required to place a ``Y'' in the
diamond shape * * * There appears to be no reason other than mere
harmonization for the sake of harmonization for adopting the ICAO
limited quantity marking. [The] marking provides no additional value
* * * because many people in the United States system will have no
idea what the ``Y'' marking means * * * Although ``Y'' is the letter
that precedes limited quantity packing instructions in the ICAO
system, the letter ``Y'' has no special meaning in the existing
United States Regulations.

b. Dual marking system. Support for harmonization efforts including
the adoption of the square-on-point limited quantity marking (i.e., the
square-on-point with top and bottom portions black and the center
white) generally coincided with support for the eventual elimination of
the ORM-D classification along with the ORM-D marking. The basis for
support was that this would eliminate a dual system of marking packages
for domestic and international transportation. With regard to
elimination of a dual marking system, some commenters (AA, FedEx,
IVOGDA) indicated that a dual system of marking creates confusion and
requires carriers and shippers to adjust their training programs to
account for this dual system. They therefore recommend PHMSA consider
an earlier implementation date than the proposed January 1, 2013 date.
AA added:

We encounter almost every day reused boxes in the U.S. mail,
passenger baggage, or cargo shipments that have old ORM-D marks.
This takes considerable time to inspect and causes frustration to
the public when non-hazardous shipments are denied transportation
because of a marking they do not understand as an indication of
hazardous materials.

PHMSA notes that adoption of a new limited quantity marking(s) may
not necessarily alleviate or eliminate use of packaging premarked with
the limited quantity square-on-point for non-hazardous materials.
Notwithstanding the general comments regarding dual marking,
several commenters offered suggestions or revisions to improve or
clarify the proposed requirements. As part of the NPRM, we authorized
voluntary use of

[[Page 3313]]

the limited quantity marking. UPS urged PHMSA to delay voluntary use to
allow carriers time to develop appropriate training in response to a
final rule, stating that:

In [our] experience, this kind of authorization * * * can lead
to practical difficulties which in turn could have compliance and
safety implications * * * Training in UPS will be needed to educate
U.S. package handlers of the meaning of the limited quantity
marking.

Additionally, on the basis of their opposition to adoption of the
air transport requirements for limited quantities consistent with the
ICAO TI, DGAC recommended that:

The ``Y'' package mark [proposed] in Sec. 172.315 not be
required * * * [and] recommend that [PHMSA] allow permissive use of
the ``Y'' mark for all modes of transport when the package meets the
relevant requirements of the ICAO TI.

We agree with the DGAC recommendation that a ``Y'' marked package
in full conformance with the air transport requirements for a limited
quantity package should be authorized transportation by all modes and
are revising Sec. 171.22 accordingly. However, we do not agree with
their suggestion that the limited quantity ``Y'' mark be voluntary.
There are currently two different ways to mark a package of limited
quantities in the HMR and a third (four if counting packaged ORM-D-AIR
materials) would be very disruptive. Therefore, in this final rule,
PHMSA is adopting the ``Y'' mark as proposed and providing a transition
period to allow for the continued use of existing markings until
January 1, 2012.
c. Elimination of the ORM-D class. Most commenters opposing the
elimination of the ORM-D classification recommend using a separate
rulemaking to implement this proposal. Some question whether the costs
of eliminating this classification have been fully considered; others
question whether there is sufficient safety justification to warrant
replacing the current domestic ORM-D provisions with internationally
harmonized provisions. A sampling of comments received follows. ACA
argued:

Although [we] supported harmonization of the limited quantities
exceptions at the UN discussions, [there was an] understanding that
the consumer commodity exception was a separate issue * * * In the
coatings and adhesives industry, we are unaware of any major
incidents with consumer commodity shipments. While PHMSA indicates
that ``aligning the existing limited quantity provisions in the HMR
with the international standards will substantially enhance
safety,'' we question how this applies to the proposal to eliminate
ORM-D consumer commodities.

Valspar asserted:

We believe PHMSA has overreached the HM-215 harmonization
process by proposing * * * to eliminate the well-defined ORM-D
(Consumer Commodity) hazard class. We believe any proposal * * *
should not be linked to the international harmonization program. In
several industry/regulatory conferences it has been proposed that
Limited Quantity and Consumer Commodity are synonymous. We do not
agree with this premise and strive to ensure that our ``Consumer
Commodities'' meet the spirit and HMR definition of ``* * * intended
or suitable for sale through retail sales agencies or
instrumentalities for consumption by individuals for purposes of
personal care or household use.'' [We ship] many items under Limited
Quantity provisions that we do not believe meet the ``suitability''
test and assert there is an important distinction between the two.
We applaud PHMSA for clearly defining the pathway to ORM-D through
Limited Quantity and Special Provision options and can only imagine
whether this can be misused through other less clear regulation * *
* We challenge PHMSA to revisit the assertion to Executive Order
12866 cited in the HM-215K NPRM that only considers the listed
harmonization to be beneficial, with no acknowledgement of the
financial cost to ORM-D shippers.

DGAC expressed concern that:

Eliminating the ORM-D classification and package marking [will
make it] that such packages will no longer be excepted from the
Sec. 175.75 requirements for air transport. No similar requirement
applies under the ICAO TI so * * * this change cannot be justified
on the basis of harmonization * * * [We believe] PHMSA considers
limited quantity packages and currently classified ORM-D packages as
posing comparable hazard[s]. Consistent with that approach, we
recommend that PHMSA similarly except all limited quantity packages
from the Sec. 175.75 requirements.

We agree with DGAC regarding Sec. 175.75 quantity limits for
limited quantity packages and are revising the section accordingly.
Limited quantity shipments will enjoy the same exception from the Sec.
175.75 quantity limits as ORM-D-AIR materials currently receive.
USWAG stated:

We believe elimination of the ORM-D standards for transportation
* * * will disrupt longstanding shipping practices while failing to
provide commensurate safety benefits.

The commenter also expressed concern for downstream shippers who
have received ORM-D packages but can no longer transport this package
beginning on the January 1, 2014 proposed compliance date. USWAG
encouraged PHMSA to implement a phased-in approach that would authorize
downstream shippers (that do not repackage these materials) to use ORM-
D provisions for an additional period of time.
One commenter (HDMA) provided information that the proposal as
written would impose significant cost on the domestic transport of
medicines and other healthcare or consumer products. HDMA members
concluded that compliance with the regulations would require
replacement of more than 10 million plastic totes embossed with the
ORM-D marking, costing members an estimated $70 million to purchase new
totes with the new limited quantity marking. HDMA is prepared to phase
out the use of totes with the ORM-D marking but believes this should be
done over an extended period of time to enable existing totes embossed
with the marking to be used over their lifetime. HDMA stated:

PHMSA may not have recognized that some industries rely on
containers that are embossed with the transport mark and hence
conversion to a new mark is considerably more complicated than
simply changing a label.

Just as PHMSA has done in the past, if there is merit to a
particular segment of the regulated community requiring a longer
transition period to be considered, it shall be observed on a case-by-
case basis. In their comments, HDMA did not indicate what a ``normal''
lifetime would be. In their defense, however, they provided comments
that were quantified and directly related to their concerns about the
regulatory and economic burden placed upon their particular industry.
Finally, several commenters (e.g., COSTHA, FedEx) noted concern
over use of the ORM-D mark after the transition period ends (i.e.,
beginning January 1, 2014). The commenters recommend that PHMSA clarify
that at the end of the transition period, a package marked with the
ORM-D mark will no longer indicate that a packaging contains a
hazardous material (i.e., a consumer commodity).
d. Conclusion. In the August 2010 NPRM, PHMSA outlined our
determination, partially based on our perception of favorable comments
received in response to the ANPRM, that aligning the existing limited
quantity provisions in the HMR with the international standards and
regulations (i.e., UN Model Regulations, IMDG Code and the ICAO TI)
would enhance safety by facilitating a single, uniform system of
transporting limited quantity materials. We emphasized the proposals
did not include the immediate or short-term removal of the existing
provisions in the HMR for limited quantities reclassed as ORM-D
(including those

[[Page 3314]]

for consumer commodities, cartridges, small arms and cartridges, power
device) and included a delayed compliance period we believed was
sufficient in length to allow stakeholders time to comply with the
transition to the revised limited quantity requirements and eventual
elimination of the ORM-D classification.
Based on careful consideration of the comments received in response
to the proposals made in the NPRM, PHMSA is moving forward with a
substantially revised final rule that adopts the new limited quantity
provisions and the eventual phase-out of the ORM-D hazard class. This
will implement a standardized system for national and international
multimodal transportation. The approach of deminimis quantities,
excepted quantities, limited quantities and consumer commodities will
all have the same provisions and requirements for international and
national transportation in a system that will promote compliance,
efficiency and consistent training and lower costs after
implementation.
6. Classification of Certain Division 1.4S Explosives
In the August 24, 2010 NPRM, PHMSA stated it understood commenter
concerns that prescribing additional tests usually results in increased
research and development costs. PHMSA also acknowledged that it
believed there was merit to additional prescribed tests when they
result in a credible and measureable increase in safety. Consequently,
in the NPRM we proposed to require the phased-in testing of all new and
previously approved Division 1.4S explosives articles and substances,
depending on the intended mode of transport. For newly produced
explosive articles, a person who successfully performs the Type 6(d)
test would not be required to also perform the Type 6(a) test. PHMSA
believes such initiatives will greatly reduce research and development
costs without compromising safety.
In the NPRM, PHMSA proposed to adopt the requirement for the Type
6(d) test as prescribed in Section 16.7 of the fifth revised edition of
the UN Manual of Tests and Criteria in the new Sec. 172.102(c)(1),
special provision 347. For affected articles (or substances) intended
for transportation by aircraft, the proposed compliance date of this
new requirement was April 1, 2011. If a manufacturer or approval holder
of affected articles that previously classed and approved an article as
Division 1.4S chooses to continue offering such shipments by aircraft,
we proposed the articles must be successfully tested under Test Series
6(d) and a new approval be obtained from PHMSA. Additionally, we
proposed that a previously classed and approved Division 1.4S article
that is not successfully tested under Test Series 6(d) must be assigned
to a compatibility group other than ``S'' (e.g., B, C, or D) prior to
the April 1, 2011 compliance date if intended for transportation by
aircraft on or after that date. PHMSA also proposed that the effective
date of testing to maintain Division 1.4S classification or
reassignment to a higher compatibility group other than ``S'' be no
later than January 1, 2014 for Division 1.4S articles approved prior to
January 1, 2012 and are intended for domestic highway or rail
transportation. For previously-approved affected articles transported
by highway, rail and vessel, reassignment to a compatibility group
other than ``S'' may be accomplished by using existing data and, when
recommended by an authorized examination and testing agency, approved
by PHMSA. For international highway, rail and vessel transportation,
the effective date of Type 6(d) testing requirements or reassignment
for new and previously produced affected articles would be January 1,
2012 (i.e., the compliance date of a final rule under this docket, if
adopted as proposed).
A number of commenters (Baker, EBAD, ESD, IME, Infotrac, NNSA, OCS,
SAAMI, and Titan) addressed our proposal to adopt the Type 6(d) test
and associated requirements. Several commenters expressed support for
comments submitted by IME and requested that PHMSA give consideration
to their comments. Thus, our response to comments will primarily be
structured based on the comments IME submitted.
a. Compliance dates (i) Air transport. IME expressed concern that
the proposed compliance date for Type 6(d) testing to determine
Division 1.4S classification for materials to be transported by air
precedes the compliance date for the rulemaking in general. IME stated:

The ``compliance date of a final rule under this docket'' will
be January 1, 2012. Simultaneously, however, the proposal
establishes a compliance date for transportation by aircraft of
April 1, 2011. Accordingly, the compliance date for an individual
mode regulated under the rule would precede the compliance date for
the rule itself, rendering the April 1, 2011 compliance date both
unreasonable and unenforceable.

We disagree. As general policy, PHMSA implements a one-year
transition period for international harmonization rulemakings. Thus, we
typically publish a rulemaking under the HM-215 docket to be effective
January 1 of a given year (to coincide with international effective
dates) and require compliance one year later to afford stakeholders the
opportunity to prepare for compliance. PHMSA is not bound to the one
year transition period and has discretion to institute an earlier
compliance date when circumstances warrant. The implementation of this
requirement was viewed to be significant by the ICAO Dangerous Goods
Panel and an emergency addendum was requested from the Air Navigation
Commission. Preventing the transportation of an explosive article with
the ability to exit its packaging that could result in collateral
damage on a passenger aircraft was determined to be an immediate safety
concern and was implemented on very short notice for international air
transportation. Therefore, because of concern for the safety in
transport of these articles by air and to affect a transition for
international air transport with minimal disharmony in compliance dates
(the Type 6(d) test is required under ICAO Technical Instructions as of
January 1, 2011), we proposed to implement the April 1, 2011,
compliance date for Type 6(d) testing for transport by aircraft.
IME also expressed concern that the proposed compliance date of
April 1, 2011 for air transport is unattainable. IME stated further:

[T]hat PHMSA's internal policy establishes a 120-day review
period for processing approvals * * *. [W]e have determined that in
order to meet the April 1, 2011 compliance deadline for air
transportation, approval applicants planning to continue shipping by
air would have to ensure that all required testing is completed and
the results submitted to PHMSA by December 2, 2010. The required
testing must be performed or witnessed by ``an authorized
examination and testing agency approved by PHMSA.'' On average, the
lead time required to schedule testing with a PHMSA-approved
laboratory is six weeks. An additional two weeks would then be
required for testing the laboratory to perform the required tests
and generate a report * * *. Accordingly, applicants intending to
meet the April 1, 2011 deadline would have [had to] finalize
arrangements with the testing laboratories by October 4, 2010--
twenty-one days prior to the close of the public comment period * *
*. Given the impossibility of timely compliance, the proposed April
1, 2011 date will function not as a compliance deadline, but as an
automatic prohibition on [of] air transport of the affected 1.4S
articles.

PHMSA acknowledges the strict compliance timeline proposed for the
air transport of affected articles and substances. We note, however,
that the PHMSA imposed 120-day period for

[[Page 3315]]

processing of approvals is not a minimum time period but general
guidance for estimating the time period to review and process an
approval application dependent on multiple factors such as the
complexity of an application or errors in its submittal. The approval
process may take less than 120 days and routinely does. Additionally,
PHMSA's Approvals and Permits Division recently streamlined the
explosive approval process to accommodate an influx of approval
requests based on adoption of Type 6(d) test prescribed in this
rulemaking. Finally, shippers are not constrained to the use of
domestic laboratories approved by PHMSA but may utilize the resources
of laboratories under the umbrella of other competent authorities
(e.g., Transport Canada). However, given the strict timeline proposed
in the August 2010 NPRM, the significant number of approval
applications we expect to receive, and the potential for delays at
authorized testing laboratories attempting to accommodate the volume of
testing or reclassification requests, we are extending the compliance
date for air transport to July 1, 2011.
(ii) Vessel transport. IME noted our failure to indicate a
compliance date for domestic vessel transportation. We agree. Our
intent was to implement a compliance date that coincides with the
effective date of the IMDG Code requirement for the Type 6(d) test
(January 1, 2012). Therefore in this final rule, we will require the
Type 6(d) test for Division 1.4S classification beginning January 1,
2012 for both domestic and international vessel transportation.
(iii) Modal variability. IME expressed concern that the varying
compliance dates for air transport (proposed April 1, 2011),
international highway, rail, and vessel (domestic and international)
(proposed January 1, 2012), and domestic highway and rail (proposed
January 1, 2014) will result in confusion and unintentional
noncompliance with specific regard to downstream customers. IME
reasoned:

The customer has no way of knowing that the manufacturer ships
only domestically [by highway] and has not, therefore, reclassified
the product to meet the earlier compliance date for international
transport. This leads to unintentional noncompliance by the
downstream customer * * *. We recommend that PHMSA promulgate a
single compliance date for all modes and for domestic and
international transportation.

We disagree. Unawareness of a requirement cannot be used as a
defense for non-compliance. Downstream customers or shippers may
utilize a number of resources to determine whether an explosive article
or substance subject to the Type 6(d) test has been successfully
tested. For example, they can obtain a copy of the approval issued by
PHMSA. Additionally, it is the shipper's responsibility to properly
class and describe a material (see Sec. 173.22) and to be trained on
any applicable requirements (see Sec. 172.704) of the HMR. That said,
the Approvals and Permits Division will issue guidance to all current
approval holders for affected Division 1.4S articles and materials to
provide detailed instruction on the new requirement for Type 6(d)
testing. This will include issuing new or amended approvals indicating
whether a Type 6(d) test has been successfully conducted which can then
be used by downstream customers and shippers to aid in transport
decision-making.
b. Testing requirements. (i) Self-testing. In response to the
ANPRM, IME recommended allowing self-testing and video documentation
for articles previously approved as Division 1.4S. IME continued to
assert that testing requirements for previously approved articles not
be overly broad and questioned why this recommendation was not
addressed even though PHMSA specifically acknowledged IME's comments in
the NPRM. IME reiterated:

Providing manufacturers with the option to self-test is an
effective means of ensuring reasonable application of the new test.
Additionally, allowing self-testing of already approved explosives
articles will assist industry in minimizing the financial impact of
implementation of a new test on already approved, safely
transported, explosives.

We disagree. PHMSA believes a uniform process for testing using the
Type 6(d) test to determine Division 1.4S classification is the best
approach and we do not believe incorporating variability into the
process by allowing self-testing and video-documentation for already
approved articles complements this approach. PHMSA understands the need
to facilitate any possible cost reduction regarding the application of
this new testing requirement. We also maintain, however, that in the
interest of uniform safety standards under the HMR, requiring that
testing be observed or conducted by a PHMSA-approved laboratory is the
best approach. This approach will not be codified in the HMR but rather
will be incorporated into the explosives approval process as specified
in Sec. 173.56 of the HMR.
(ii) Clarification of NPRM preamble. Certain phrases and terms were
used in the August 2010, NPRM which have caused confusion. We would
like to clarify. Regarding the phrase ``incremental testing,'' use of
the phrase refers to the staggered compliance dates depending on the
mode of transport or domestic/international transport and does not
indicate differences in reclassification testing. We are removing any
reference to this phrase in the preamble to this final rule to avoid
further confusion. Regarding the term ``design,'' as in ``previously
approved designs,'' the term was meant to signify individual explosives
articles or substances. We are also deleting any use of this term in
the preamble to this final rule to avoid any ambiguity in the use of
the term.
(iii) Modal difference. In response to our proposed implementation
of the new testing requirement for Division 1.4S classification, IME
objected to any varying testing criteria tied to the intended mode of
transport, stating:

Such action is not consistent with the UN classification system;
additionally, an explosive's reaction to stimuli is not affected by
the mode of transport. PHMSA offers no rationale for excluding the
use of existing test data for the reclassification of articles
intended for air transport, and the distinction would inevitably
result in confusion and unintended noncompliance in the regulated
community.

We agree that there should be uniform testing criteria across all
modes. We apologize for the lack of clarity in implementation of this
new testing requirement and will clarify further in the following
section (c) discussion of our implementation of the Type 6(d) test.
(iv) Laboratory recommendation. For previously approved articles,
we proposed to allow reassignment to a compatibility group other than
``S'' using existing data and when recommended by a PHMSA-approved
laboratory. IME did not support the proposal to require a
recommendation from a PHMSA-approved laboratory where a previously
approved article is being reassigned. IME argued:

Inability to successfully pass the new Type 6(d) test does not
invalidate the original laboratory tests and recommendation[s] that
were previously sufficient to attain 1.4S classification.
Accordingly, there is no rational basis for requiring a laboratory
recommendation to support a downgrade in classification. A
laboratory recommendation should only be required where the original
classification is not supported by laboratory testing and a
corresponding recommendation * * * [W]e are also concerned that if
the proposal is promulgated as drafted, some testing laboratories
may be reticent to issue the required recommendation solely on the
basis of existing test data, and may require new testing.

We appreciate the concerns presented by IME. Again, we apologize
for any lack of clarity in implementing this new

[[Page 3316]]

provision. As indicated previously, our Approvals and Permits Division
will be issuing guidance and instruction on testing or reclassification
of previously approved Division 1.4S articles or substances. As part of
that instruction and in order to alleviate any potential problems from
laboratories being reticent to provide a recommendation based on
existing data, the Approvals and Permits Division will be providing
guidelines to laboratories for which types or batches of already
approved articles and substances should be reclassed into which type of
downgraded compatibility group.
c. Implementation of the Type 6(d) test in the explosives approval
process. As IME accurately summarized in its comments, there are three
categories of explosive articles or substances affected by the test
requirement: (1) Previously approved Division 1.4S articles that will
pass the Type 6(d) test; (2) previously approved Division 1.4S articles
that will not pass the Type 6(d) test and therefore need to be
reassigned to a more conservative compatibility group other than ``S'';
and (3) new explosive articles for which Division 1.4S classification
must be determined through successful Type 6(d) testing. All explosive
articles affected by the Type 6(d) test requirement fit into these
three categories regardless of the mode of transport. The compliance
date for affected articles is dependent upon the intended mode of
transport and whether they are to be transported domestically or
internationally. Beginning January 1, 2012, any new explosive articles
must be successfully subjected to the Type 6(d) test to determine
whether Division 1.4S classification is appropriate. However, for a new
explosive material intended for transport by aircraft, the compliance
date for successful Type 6(d) testing is no later than July 1, 2011.
For existing approved Division 1.4S articles intended for transport by
air, successful Type 6(d) testing is also required no later than July
1, 2011; otherwise, the articles must be reassigned to another
compatibility group and a new approval issued by PHMSA prior to being
offered for transportation or transported by aircraft. Beginning
January 1, 2012, existing approved Division 1.4S articles intended for
international transport by highway, rail, or vessel and for domestic
transport by vessel, successful Type 6(d) testing is required;
otherwise, the articles must be reassigned to another compatibility
group and a new approval issued by PHMSA prior to being offered for
transportation. Finally, for existing approved Division 1.4S articles
intended for domestic transportation by highway or rail, successful
testing or compatibility group reassignment is required beginning
January 1, 2014.
We realize the intended mode of transport may change as markets
change and evolve but staggered compliance dates we believe are
necessary in order to provide sufficient time to manufacturers,
shippers, PHMSA-approved laboratories, and our Approvals and Permits
Division to accommodate the number of approved Division 1.4S articles
that will need testing or reclassification as well as attempting to
allay some of the costs to manufacturers who only transport by domestic
highway or rail.
d. Federal considerations. Two commenters (ESB, NNSA) within the
Department of Defense and Department of Energy, respectively, objected
to the Type 6(d) test requirement for previously approved Division 1.4S
explosive material based on cost and logistical concerns. NNSA noted:

[M]ore significant than the added costs, are the limited testing
assets available necessary to complete testing by the prescribed
deadline in the NPRM. [We do not] recognize the need to conduct UN
Test Series 6(d) testing on all future permanent hazard
classification requests as specified in the NPRM.

ESB added:

[We object to] with applying the test Type 6(d) for articles
previously classified. DOD has been assigning classifications using
a methodology that includes assessing projections, fireballs, and
jets of flame from unconfined initiation testing. DOD would consider
this methodology as equivalent testing and criteria for the
assignments of the eight Divisions 1.4 explosive [a]rticles. The DOD
[has] not noted any transportation issues with the 378 articles
assigned these UN numbers * * * Conducting test Type 6(d) for the
378 articles would take a considerable amount of time without any
credible or measurable increase in safety * * * Reclassifying * * *
by reassigning CGs other than S is also not a viable option due to
the complexity of DOD logistics. Consolidating, and remarking each
shipping container located at strategic positions around the world
for [defense purposes] would be costly, time consuming and
potentially have little safety improvements.

ESB recommended adding a grandfathered exception or issuing a
special permit for previously approved DOD Division 1.4S material. We
acknowledge concerns by Federal agencies regarding costs and time
constraints in the interest of national security. We are currently
working directly with potentially affected government stakeholders to
remedy concerns regarding implementation of the new requirement for the
Type 6(d) test on such entities.
7. Classification of Sour Crude Oil
PHMSA agreed with comments submitted in response to the October
2009 ANPRM that a new proper shipping name is not necessary and that
there are more appropriate ways to communicate the potential inhalation
hazard risk to transport workers. Therefore, in the August 2010 NPRM,
PHMSA proposed to adopt the new proper shipping name found in the UN
Model Regulations--``Petroleum sour crude oil, flammable, toxic''--with
the letter ``I'' in Column (1) of the HMT indicating that this
description is appropriate for use during international transportation.
However, PHMSA did not propose to require use of the new proper
shipping name for domestic transportation. PHMSA did propose that a new
marking be applied to bulk packagings containing sour crude oil to
communicate the potential inhalation risk in transportation.
Three commenters (API, ATA, DGAC) opposed our proposed requirements
as ill-conceived and impractical and had concerns with the new marking.
They believe the new marking is not necessary based on industry best
practices already in place. One commenter (AAR) sought clarification of
rail carrier requirements in relation to the proposed marking
requirement. Although the commenters opposed our proposed requirements,
they strongly support hazard communication processes and procedures to
protect employees, the public and the environment from any unreasonable
risk of danger from hydrogen sulfide gas. API noted:

Cargo specific testing of individual packages upon loading,
followed by the required identification, classification, packaging
selection, marks, labels, placards, and documentation process is
impractical. The physical and chemical criteria of the DG/HazMat
define the basic shipping information * * * The preparation of
shipping information and selection of packagings is typically done
well in advance of loading on the basis of known, reliably measured,
physical and chemical criteria of the materials being transported.
When a wide range of the test results is possible, the DG/HazMat
classifiers generally utilize the most conservative data to develop
the basic shipping information * * * It is impossible to predict the
concentration of H2S in the head space vapors evolving from liquid
petroleum crude oils. There is not [a] standardized test,
statistical correlation, or known methodology to do this * * *
Without a reliable, proven methodology, any attempt to develop a
classification process regarding potential, future H2S vapor space
concentrations is unrealistic * * * API could

[[Page 3317]]

support the use of a differentiated graphic, unique in communicating
the potential H2S vapor [but any] such mark should be considered
voluntary and not mandated * * *. Companies should be allowed the
flexibility in choosing an option that works best for their
operations.

DGAC added:

[W]e are concerned that providing a warning for select crude
oils may result in decreased vigilance when other substances also
posing a potential hydrogen sulfide risk are handled * * *. If * * *
PHMSA maintains that a mark is still necessary, we recommend that
the applicability of any marking be limited to cargo tank truck
operations * * * PHMSA should allow the warning to appear in the
vicinity of the loading/unloading operation or on the vehicle at the
loading location. This would avoid the need to add and remove the
mark from the cargo tank truck * * * We consider the proposed GHS
poison mark to be inappropriate * * * Applying the PHMSA proposed
mark on crude oil tanks that do not meet the inhalation toxicity
criteria results in a hazard communication conflict which should and
can be avoided * * *. Should PHMSA maintain a warning is needed, we
recommend a warning sign in English that conveys the message that
there is a potential hydrogen sulfide hazard. An example could be *
* * ``Danger, Possible Hydrogen Sulfide Inhalation Hazard,'' * * *
[to be possibly] supplemented by pictograms.

ATA expressed concerns that:

Not every load of sour crude will form hydrogen sulfide during
transportation, which will require carriers to repeatedly affix and
remove markings * * * If carriers are required to repeatedly alter
marking requirements, issues of employee safety from climbing on top
of tank trucks as well as economic issues * * * must be better
understood. [We] recommend that the warning be located at the
loading or unloading facility rather than on the tank truck or other
bulk container.

We agree in part with the comments. We continue to maintain that
there is a safety risk to hazmat employees that may become exposed to
hydrogen sulfide vapor in proximity to openings on packagings during a
loading or unloading operation due to elevated concentrations of
hydrogen sulfide vapors. We do not believe this risk is limited to
cargo tank motor vehicles. It may be that the primary mode of
transportation for petroleum crude oil is by cargo tank motor vehicle,
but we also continue to maintain that any proposed requirement should
apply to all bulk packagings as we believe this risk may be present in
any packaging with a bulk quantity of petroleum crude oil.
PHMSA agrees with commenters who have stated that a hazard warning
statement specific to hydrogen sulfide gas on bulk packagings would
provide for appropriate communication of the risk of potential exposure
to such gas. PHMSA notes that such a marking is both specific to the
gas and aligns with corresponding warnings currently employed in
practice on the shipping documentation. Therefore, in this final rule,
PHMSA is amending the marking requirement originally proposed to
provide more flexibility to shippers and carriers by allowing a text
warning such as ``Danger, Possible Hydrogen Sulfide Inhalation Hazard''
on bulk packagings containing sour crude to communicate the potential
inhalation risk in transportation. See Section 172.327 for a discussion
of the new marking requirements.
8. IBC Rebottling
In the NPRM, PHMSA proposed to adopt the revised definition of
``repair'' for composite IBCs consistent with international standards.
To specifically address commenters' concerns, PHMSA noted that any
proposed compliance date would be no earlier than January 1, 2012, thus
providing ample time to comply with the new IBC requirement. We did not
receive any additional comments in response to the NPRM. Therefore, in
this final rule we are adopting the revised definition of ``repair'' of
an IBC as proposed. See Section 180.350 for a discussion of the revised
requirement.
9. Metal Hydride Storage Systems in Conveyances
In the August 2010 NPRM, PHMSA proposed to adopt the standards for
the construction, qualification, marking and requalification of
hydrogen in metal hydride storage systems adopted in the UN Model
Regulations. We did not receive any additional comments in response to
the NPRM. Therefore, in this final rule we are adopting the
requirements as proposed. See Section 173.311 for a discussion of
requirements for hydrogen in a metal hydride storage system.
10. In Vitro Testing for Corrosivity
Based on the overwhelming support for adoption into the HMR, in the
NPRM PHMSA proposed to adopt and authorize the use of the OECD in vitro
methods. We received over 2,200 comments additional to that received
from PETA, in response to the NPRM supporting the adoption of in vitro
testing methods to determine corrosivity and urging PHMSA to stop the
requirement for use of methods based on live animal testing. Therefore,
in this final rule we are adopting the OECD in vitro testing methods as
proposed. See Section 173.137 for further discussion of such methods.

B. Harmonization Amendments Not Considered for Adoption in This Final
Rule

This final rule makes changes to the HMR based on amendments made
in the UN Model Regulations (sixteenth revised edition), IMDG Code
(Amendment 35-10) and the ICAO Technical Instructions (2011-2012),
which becomes effective January 1, 2011 (the IMDG Code is effective
January 1, 2012). We are not, however, adopting all the amendments made
to the various international standards into the HMR. In many cases, we
have not adopted amendments to the international recommendations and
regulations 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.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international
regulations, but rather to remove or avoid potential barriers to
international transportation.
Below is a listing of those significant amendments to the
international regulations that we are not adopting in this final rule,
with a brief explanation of why the amendment was not included:
1. Requirements for Radioactive Materials
In the NPRM, we did not propose to adopt provisions pertaining to
the transportation of Class 7 (radioactive) materials into the HMR.
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.
2. Requirements for Lithium Batteries
PHMSA published an NPRM under Docket HM-224F (75 FR 1302, January
11, 2010) that proposed to adopt provisions to ensure all lithium
batteries are packaged properly to reduce the possibility of damage to
lithium batteries that could lead to a catastrophic incident, and to
minimize the consequences of an incident should one occur. In addition,
PHMSA proposed to require lithium battery shipments to be accompanied
by hazard communication that ensures appropriate

[[Page 3318]]

and careful handling by air carrier personnel, including the flight
crew, and informs both transport workers and emergency response
personnel of actions to be taken in an emergency. The NPRM, which PHMSA
developed in close coordination with our colleagues in the Federal
Aviation Administration, is the latest in a series of actions PHMSA has
taken to address the very serious risks posed by lithium batteries in
transportation. The NPRM included proposed revisions to the HMR that
were based on lithium battery provisions in the sixteenth revised
edition of the UN Model Regulations. Therefore, except for wheelchairs
powered by lithium ion batteries, we are not adopting new provisions
pertaining to the transportation of lithium cells and batteries in this
rulemaking. The docket for the lithium battery rulemaking can be found
elsewhere at http://www.regulations.gov under PHMSA-2009-0095.
We note that a number of commenters objected to our inclusion of
limitations on the stowage of lithium batteries in Sec. 175.75 of the
HMR and strongly urged that the limitations be removed from this
rulemaking and addressed in a separate lithium battery rulemaking such
as HM-224F. We agree. All reference to lithium batteries in our
revisions to Sec. 175.75 are removed from this rulemaking.
3. Requirements for Air Packaging
We are not adopting provisions pertaining to certain packagings
offered for transportation by aircraft under this rulemaking. PHMSA is
considering certain amendments to the HMR related to requirements for
the packaging of hazardous materials intended for transportation by
aircraft under a separate docket (HM-231A). These would include
amendments based on the reformatted packing instructions in the 2011-
2012 ICAO Technical Instructions. PHMSA published an ANPRM (73 FR
38361, July 7, 2008) and an NPRM (75 FR 27273, May 14, 2010) related to
combination packaging standards offered in air transportation. See
http://www.regulations.gov under PHMSA-2007-29364 for more information.

IV. Section-by-Section Review

Following is a section-by-section review of the amendments in this
final rule:

Part 171

Section 171.7
The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB) Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standard bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all materials incorporated by reference (IBR
materials) into the HMR. For this rulemaking, we evaluated updated
international consensus standards and regulations pertaining to proper
shipping names, hazard classes, packing groups, special provisions,
packaging authorizations, air transport quantity limitations, and
vessel stowage requirements and determined that the revised standards
provide an enhanced level of safety without imposing significant
compliance burdens. These materials have a well-established and
documented safety history. Their adoption maintains the high safety
standard currently achieved under the HMR.
Some commenters (IATA, PRBA, Saft) indicated concern that the fifth
revised edition of the UN Recommendations on the Transportation of
Dangerous Goods, Manual of Tests and Criteria (UN Manual) was not
included among the IBR materials to be updated and suggest that PHMSA
include the document.
We agree. PHMSA proposed to incorporate by reference the fifth
revised edition of the UN Manual under docket HM-224F published January
11, 2010 (75 FR 1302) because the revised version of the manual
contained updated tests for lithium cells and batteries. However, that
rulemaking will have an effective date later than this final rule. This
rule contains provisions regarding new test requirements for other
materials (e.g., explosives) that are found in the updated edition of
the UN Manual making it necessary for us to incorporate by reference
the fifth edition. Therefore, we are including the updated fifth
revised edition of the UN Manual and updating the IBR materials
referenced in the HMR by adding and revising material under the
following organizations:
The American Society for Testing and Materials (ASTM)
[cir] ASTM D56-05, Standard Test Method for Flash Point by Tag
Closed Tester (Referenced in Sec. 173.120(c)(1)(i)(A); Added to Sec.
171.7).
[cir] ASTM D86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure (Referenced in Sec.
173.121; Added to Sec. 171.7).
[cir] ASTM D93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (Referenced in Sec. 173.120(c)(1)(ii)(A);
Added to Sec. 171.7).
[cir] ASTM D1078-05, Standard Test Method for Distillation Range of
Volatile Organic Liquids (Referenced in Sec. 173.121; Added to Sec.
171.7).
[cir] ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point
of Liquids by Small Scale Closed-Cup Apparatus (Referenced in
Sec. Sec. 173.120(c)(1)(i)(B) and 173.120(c)(1)(ii)(B); Added to Sec.
171.7).
[cir] ASTM D3828-07a, Standard Test Methods for Flash Point by
Small Scale Closed cup Tester (Referenced in Sec. 173.120(c)(1)(i)(C);
Added to Sec. 171.7).
The International Civil Aviation Organization (ICAO)
Technical Instructions for the Safe Transport of Dangerous Goods by Air
(ICAO Technical Instructions), 2009-2010 Edition is revised to
incorporate 2011-2012 Edition.
The International Convention for the Safety of Life at
Sea, 1974, as amended (SOLAS) Amendments 2002, Chapter II-2/Regulation
19, Consolidated Edition 2004 is revised to incorporate the 2009
Edition.
The International Maritime Organization (IMO)
International Maritime Dangerous Goods Code, 2008 Edition,
Incorporating Amendment 34-08, English Edition, Volumes 1 and 2 is
revised to incorporate Amendment 35-10.
The International Organization for Standardization (ISO)
[cir] ISO 1516:2002(E), Determination of flash/no flash--Closed cup
equilibrium method (Referenced in Sec. 173.120; Added to Sec. 171.7).
[cir] ISO 1523:2002(E), Determination of flash point--Closed cup
equilibrium method (Referenced in Sec. 173.120; Added to Sec. 171.7).
[cir] ISO 2592:1973(E), Petroleum products--Determination of flash
and fire points--Cleveland open cup method (Revised to incorporate the
2000 Edition).

[[Page 3319]]

[cir] ISO 2719:2002(E), Determination of flash point--Pensky-
Martens closed cup method (Referenced in Sec. 173.120; Added to Sec.
171.7).
[cir] ISO 3405:2000(E), Petroleum products--Determination of
distillation characteristics at atmospheric pressure (Referenced in
Sec. 173.121; Added to Sec. 171.7).
[cir] ISO 3679:2004(E), Determination of flash point--Rapid
equilibrium closed cup method (Referenced in Sec. 173.120; Added to
Sec. 171.7).
[cir] ISO 3680:2004(E), Determination of flash/no flash--Rapid
equilibrium closed cup method (Referenced in Sec. 173.120; Added to
Sec. 171.7).
[cir] ISO 3924:1999(E), Petroleum products--Determination of
boiling range distribution--Gas chromatography method (Referenced in
Sec. 173.121; Added to Sec. 171.7).
[cir] ISO 4626:1980(E), Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials (Referenced in
Sec. 173.121; Added to Sec. 171.7).
[cir] ISO 4706:2008(E), Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below (Referenced in Sec. 178.71;
Added to Sec. 171.7).
[cir] ISO 10297:1999, Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First edition, May 1999, (E)
(Revised to incorporate 2006 Edition).
[cir] ISO 10461:2005, Gas cylinders--Seamless aluminum-alloy gas
cylinders, Periodic inspection and testing, Second edition, February
2005, (E) (Revised to incorporate Amendment 1 (2006)).
[cir] ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections
(Referenced in Sec. 173.40; Added to Sec. 171.7).
[cir] ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method (Referenced in Sec. 173.120; Added to Sec. 171.7).
[cir] ISO 16111:2008(E), Transportable gas storage devices--
Hydrogen absorbed in reversible metal hydride (Referenced in Sec. Sec.
173.311 and 178.71; Added to Sec. 171.7).
[cir] ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below
(Referenced in Sec. 178.71; Added to Sec. 171.7).
[cir] ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing (Referenced in Sec.
178.71; Added to Sec. 171.7).
Organization for Economic Cooperation and Development
(OECD)
[cir] Guidelines for the Testing of Chemicals, Test Guideline 404,
Acute Dermal Irritation/Corrosion (1992) (Revised to incorporate 2002
edition).
[cir] Guidelines for the Testing of Chemicals, Test Guideline 430,
In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test
(TER) (2004) (Referenced in Sec. 173.137; Added to Sec. 171.7).
[cir] Guidelines for the Testing of Chemicals, Test Guideline 431,
In Vitro Skin Corrosion: Human Skin Model Test (2004) (Referenced in
Sec. 173.137; Added to Sec. 171.7).
[cir] Guidelines for the Testing of Chemicals, Test Guideline 435,
In Vitro Membrane Barrier Test Method for Skin Corrosion (2006)
(Referenced in Sec. 173.137; Added to Sec. 171.7).
Transport Canada, Transportation of Dangerous Goods
Regulations, including Clear Language Amendments 1 through 5 (Revised
to add SOR/2008-34 (Amendment 6; February 7, 2008) in its entirety and
SOR/2007-179 (Amendment 7; July 31, 2007)).
The United Nations Recommendations on the Transport of
Dangerous Goods, Model Regulations, fifteenth revised edition (2007),
Volumes I and II (Revised to incorporate the sixteenth revised
edition).
The United Nations Recommendations on the Transport of
Dangerous Goods, Manual of Tests and Criteria, fourth revised edition,
(2003), and Addendum 2 (2004). (Revised to incorporate the fifth
revised edition).
Section 171.8
This section defines terms generally used throughout the HMR that
have broad or multi-modal applicability. We received no comments
regarding our proposed adoption of new definitions. Therefore, in this
final rule PHMSA is adding the following defined terms based on their
adoption in the UN Model Regulations:
Metal hydride storage system. This term means a single complete
hydrogen storage system that includes a receptacle, metal hydride,
pressure relief device, shut-off valve, service equipment and internal
components used for the transportation of hydrogen only.
Open cryogenic receptacle. This term means a transportable
thermally insulated receptacle for refrigerated liquefied gases
maintained at atmospheric pressure by continuous venting of the
refrigerated gas.
Additionally, we proposed to revise the definition of Oxidizing gas
to specify that an oxidizing gas is a pure gas or gas mixture with an
oxidizing power greater than 23.5% as determined by a method specified
in ISO 10156:1996 or 10156-2:2005. See also Sections 172.101 and
173.115, for discussion of changes to the ``Compressed gas, n.o.s.,
UN1956.'' HMT entry and definition, respectively. We received no
comments on the revised definition. Therefore, in this final rule we
are adopting the revision as proposed.
Section 171.23
Section 171.23 prescribes the conditional requirements for specific
materials and packages transported under the various international
standards as permitted by the HMR. In this final rule we are removing
the Sec. 171.23(b)(9) requirement that stipulates Division 6.1
poisonous materials transported as limited quantities are not excepted
from labeling. This change aligns the labeling requirements in the HMR
for limited quantities with the international standards without
compromising safety.
Section 171.25
Section 171.25 prescribes the additional requirements for specific
materials and packages transported under the IMDG Code as permitted by
the HMR. In this final rule, we are deleting paragraphs (c)(5) and
(d)(3). Paragraphs (c)(5) and (d)(3) required portable tanks, cargo
tanks, and tank cars containing cryogenic liquids transported by vessel
to be stowed on deck regardless of the stowage requirements authorized
under the IMDG Code. The IMDG Code now requires this same stowage for
certain packagings containing cryogenic materials aboard a vessel,
thus, paragraphs (c)(5) and (d)(3) are no longer necessary.
Effective January 1, 1997, vehicles and mechanical equipment
containing internal combustion engines were no longer subject to the
IMDG Code as conditionally designated under Amendment 28-96. Effective
January 1, 2012, such articles will once again be subject to the IMDG
Code under Amendment 35-10. Because the new requirements in the IMDG
Code are more stringent than requirements for similar material in the
HMR, PHMSA is amending Sec. 171.25 by revising paragraph (b)(1) and
adding a new paragraph (b)(4) permitting use of the IMDG Code or the
HMR to prepare and stow vehicles and mechanical equipment containing
internal combustion engines when offered for transport by vessel.

[[Page 3320]]

Part 172

Section 172.101
Introductory text to the Sec. 172.101 HMT contains explanatory
text for each of the columns that comprise the HMT. Currently, Sec.
172.101(c)(10) provides specific requirements regarding the selection
of an appropriate proper shipping name for mixtures and solutions
containing more than one hazardous material of the same hazard class.
In many cases, such mixtures and solutions are best described by a
generic or ``not otherwise specified'' entry (i.e., an ``n.o.s.''
entry). For example, a solution containing two or more flammable liquid
constituents may best be described under the entry ``Flammable liquids,
n.o.s., UN1993.'' However, in some cases where two or more hazardous
materials are present, a single hazardous material may predominate
where the other hazardous materials may be present in only trace
amounts. In such cases, a description applicable to the predominant
material may be more appropriate. A recent incident underscores the
importance of using the most specific and appropriate shipping
description. In that incident, an aluminum cylinder containing 99.9%
pure ethyl chloride ruptured in storage incidental to transport. It was
determined that the root cause was a reaction between the cylinder's
contents and the aluminum. The relevant construction standard for the
cylinder indicated that ethyl chloride was reactive with aluminum and
that aluminum was not recommended for the transport of ethyl chloride.
However, the shipper selected a generic compressed gas shipping
description rather than the ethyl chloride name due to the presence of
trace amounts of other hazardous materials. While we note that the
general requirements for packagings still broadly address the
responsibility of the shipper in selecting a packaging that is
compatible with its lading, and that these requirements were also
applicable and apparently overlooked, the incident nonetheless
highlights the benefit of using a more specific description, where
appropriate, to help ensure that the most appropriate transport
provisions are followed.
To address this issue, the UN Model Regulations were amended to
require, except as otherwise specified, that a mixture or solution of a
single predominant hazardous material containing only traces of one or
more additional hazardous materials listed by name in the HMT or
additional non-hazardous constituents be assigned the UN number and
proper shipping name of the predominant material contributing to the
overall hazard classification of the mixture or solution. Adopting a
similar provision in the HMR will enhance a shipper's ability to select
the most appropriate shipping description. In the NPRM, PHMSA proposed
to add a new paragraph, Sec. 172.101(c)(10)(iv), outlining the
authorization to describe the mixture or solution based on the
predominant material contributing to the hazard classification.
One commenter (DOE) suggested that we remove the reference to non-
hazardous material in Sec. 172.101(c)(10)(iv) because the mixture of
hazardous material and non-hazardous material is already addressed in
Sec. 172.101(c)(10)(i). Additionally, the commenter asked for
clarification of instances when the provision should be used and asked
to define the meaning of ``trace amounts.''
We agree. It is correct that Sec. 172.101(c)(10)(i) already
addresses a mixture or solution of a hazardous material and non-
hazardous material. The provision pertains to a mixture or solution
containing non-hazardous material in such quantities that it does not
alter the physical state or purity of the hazardous material it is
mixed with, as well as either the hazard classification, packing group,
subsidiary hazard, or emergency response procedures. The intent of new
paragraph Sec. 172.101(c)(10)(iv) is to provide instruction for
selecting the most appropriate proper shipping name for a mixture or
solution of a hazardous material and traces of one or more other
hazardous materials, one or more non-hazardous materials, or both.
Where such a mixture or solution occurs that the trace amount of
material does not affect the classification, the material must be
described using the most appropriate proper shipping name for the
predominant hazardous material. Based on the comment received and
reconsideration of our proposal, we are instead revising paragraph
(c)(10)(i) to provide clarification on properly describing a material
that is a mixture or solution of a predominant hazardous material and
trace amounts of hazardous or non-hazardous material, or both; rather
than add a new paragraph (c)(10)(iv). The six conditions in Sec.
172.101(c)(10)(i) that currently limit a mixture or solution of
hazardous material with a non-hazardous material from being described
using the proper shipping name of the hazardous material would also
apply to a mixture or solution of a single predominant hazardous
material and trace amounts of other hazardous or non-hazardous
materials or both.
With regard to instances when the provision would be used, we would
expect it to be applied in cases of mixtures or solutions of a
hazardous material that contain small amounts of preservatives or are
contaminated with trace amounts of hazardous material in such a way
that the ``trace amounts'' do not affect the packaging, the hazard
class, the packing group, etc of the hazardous material. As for
defining ``trace amounts'' we do not specifically define this term
because determination of when an amount of material affects the hazard
classification is highly variable depending on the physical and
chemical properties of the materials involved and the quantities of
material involved. Therefore, in this final rule, we are revising Sec.
172.101(c)(10)(i) to provide instruction on properly describing a
material that is a mixture or solution of a predominant hazardous
material and trace amounts of hazardous or non-hazardous material, or
both.
Paragraph (e) of Sec. 172.101 provides explanations for the
letters that precede identification numbers assigned to proper shipping
names in the HMT. In this final rule, PHMSA is adding an explanation
for identification numbers associated with certain descriptions under
the ICAO Technical Instructions and are preceded by the letters ``ID.''
Additionally, PHMSA is authorizing use of the international air
description, ``ID8000, Consumer commodity, 9'' in the HMT with material
and article eligibility for use of the description based on Special
provision A112 and Packing Instruction Y963 of the 2011-2012 ICAO
Technical Instructions.

Hazardous Materials Table (HMT)

In this final rule, PHMSA is making 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 include the
following:

New HMT entries

[[Page 3321]]

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3482.............................................. Alkali metal dispersions, flammable or Alkaline earth
metal dispersions, flammable.
UN3496.............................................. Batteries, nickel-metal hydride.
----------------------------------------------------------------------------------------------------------------

This new HMT entry for UN3496 includes a W in Column (1) to
indicate use of this hazardous materials description is limited to
vessel transport of these materials.
Two commenters (Saft, PRBA) indicated concern with our proposed
assignment of Special Provision 130 (for transportation of dry
batteries--i.e., ``Batteries, dry, sealed, n.o.s.'') to this entry and
the potential for confusion leading to use of this entry for modes
other than vessel.
We agree. To help clarify the use of this entry, we have included
additional language in Column (2) to refer shippers transporting
nickel-metal hydride batteries by modes other than vessel to the HMT
entry ``Batteries, dry, sealed, n.o.s.'' for instruction on the
transport requirements for nickel-metal hydride batteries.
Additionally, we have revised Special Provision 130 to make clear that
for other than nickel-metal hydride batteries transported by vessel
subject to Special Provision 340, dry batteries must be transported in
accordance with Special Provision 130.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3485.............................................. Calcium hypochlorite, dry, corrosive or Calcium
hypochlorite mixtures, dry, corrosive with more than 39%
available chlorine (8.8% available oxygen).
UN3487.............................................. Calcium hypochlorite, hydrated, corrosive or Calcium
hypochlorite, hydrated mixture, corrosive with not less
than 5.5% but not more than 16% water.
UN3486.............................................. Calcium hypochlorite mixture, dry, corrosive with more
than 10% but not more than 39% available chlorine.
ID8000.............................................. Consumer commodity.
----------------------------------------------------------------------------------------------------------------

This shipping description is added to the HMT as a Class 9
miscellaneous hazardous material to be used for the air transportation
of limited quantities of certain hazardous materials of Class 2 (non-
toxic aerosols only), Class 3 (PG II and III only), Division 6.1 (PG
III only), and of UN identification numbers UN3077, UN3082, and UN3175,
provided such materials do not have a subsidiary risk and are
authorized aboard a passenger-carrying aircraft. This amendment is
based on changes incorporated into the 2011-2012 ICAO TI.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3484.............................................. Hydrazine aqueous solution, flammable with more than 37%
hydrazine, by mass.
UN3495.............................................. Iodine.
----------------------------------------------------------------------------------------------------------------

Iodine is transported globally under a number of different shipping
descriptions dependent on the shipper. In the interest of reducing
risks associated with transport of iodine under various descriptions
and therefore, various packaging, we are adding this unique UN
identification number and shipping description to provide for specific
packaging requirements and faster identification and access to
emergency response information.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1471.............................................. Lithium hypochlorite, dry or Lithium hypochlorite mixture,
Division 5.1, PG III.
----------------------------------------------------------------------------------------------------------------

Lithium hypochlorite is a common commercial product used as a
disinfectant that is often mixed with other non-hazardous organic
salts. Currently, the HMT only provides for a Division 5.1, PG II
designation for this material, yet testing conducted in accordance with
the UN Manual of Tests and Criteria has indicated that some common
commercial mixtures meet the criteria for classification in Division
5.1, PG III. Therefore, PHMSA is adding a line to the current entry to
allow for classification of lithium hypochlorite and mixtures of
lithium hypochlorite in PG III, where appropriate.
One commenter (FMC) noted that the addition of the proposed PG III
entry for the ``Lithium hypochlorite, UN1471'' shipping description
retains the italicized text ``with more than 39% available chlorine
(8.8% available oxygen)'' as well as the word ``dry'' for lithium
hypochlorite mixtures and that this is not consistent with the
hazardous materials description in the dangerous goods list in the UN
Model Regulations, the ICAO Technical Instructions, and the soon to be
adopted IMDG Code. FMC requested that PHMSA revise the entry by
deleting the qualifying text as well as the word ``dry'' to be
consistent with international standards and regulations and to provide
shippers with the most appropriate shipping description for the
transport of lithium hypochlorite materials. Additionally, FMC stated:

[M]ore fundamental and practical problems will arise if this
qualifying text is retained in the HMR entry for UN1471. Some of the
commercial lithium hypochlorite products shipped domestically and
internationally by FMC have less than 39% available chlorine (8.8%
available oxygen), and so would not be properly described by the
entry as it is proposed to be modified. [T]hese products
nevertheless meet the criteria for classification in Division 5.1,
Packing Group II or III. Consequently, under the HMR, FMC must
describe these products by an appropriate entry in the HMT
associated with the correct class and packing group, namely
``Hypochlorites, inorganic, n.o.s.'' (UN3212) if the product meets
Packing Group II criteria, or, since UN3212 does not provide a
Packing Group III option, ``Oxidizing solid, n.o.s.'' (UN1479) if
the product meets the criteria for assignment to Packing Group III.
Thus, for road and rail transport within the United States FMC's
lithium hypochlorite products would have to be described by one of
three different entries.

We agree. Removing the italicized text would facilitate a uniform
process of describing lithium hypochlorite materials for transport
purposes without reducing the safety of transport when using this
description in lieu the descriptions discussed in the comment by FMC.
Additionally, we are making a conforming amendment (with the IMDG Code)
to the PG II entry for UN1471 to assign special provisions T3 and TP33
applicable to a portable tank when used to transport this material. T3
outlines

[[Page 3322]]

the minimum test pressure, minimum shell thickness, bottom opening
requirements, and pressure relief requirements in addition to the
design and constructions requirements for the portable tank. TP33
outlines provisions for transport of granular or powdered solids.
Therefore, in this final rule, we are adopting the PG III entry for
``Lithium hypochlorite, UN1471'' without the italicized text and the
word ``dry,'' as well as making a conforming revision to the shipping
description for the PG II entry already in the HMT to read, ``Lithium
hypochlorite, dry or Lithium hypochlorite mixtures, UN1471.''

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3483.............................................. Motor fuel anti-knock mixture, flammable.
UN3494.............................................. Petroleum sour crude oil, flammable, toxic (this entry is
identified in the HMT as appropriate for international
transportation under Sec. 172.101(b)(5)).
UN3492.............................................. Toxic-by-inhalation liquid, corrosive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/
m \3\ and saturated vapor concentration greater than or
equal to 500 LC 50.
UN3493.............................................. Toxic-by-inhalation liquid, corrosive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 1000
ml/m \3\ and saturated vapor concentration greater than
or equal to 10 LC 50.
UN3488.............................................. Toxic-by-inhalation liquid, flammable, corrosive, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/
m \3\ and saturated vapor concentration greater than or
equal to 500 LC 50.
UN3489.............................................. Toxic-by-inhalation liquid, flammable, corrosive, n.o.s.
with an inhalation toxicity lower than or equal to 1000
ml/m \3\ and saturated vapor concentration greater than
or equal to 10 LC 50.
UN3490.............................................. Toxic-by-inhalation liquid, water-reactive, flammable,
n.o.s. with an inhalation toxicity lower than or equal to
200 ml/m \3\ and saturated vapor concentration greater
than or equal to 500 LC 50.
UN3491.............................................. Toxic-by-inhalation liquid, water-reactive, flammable,
n.o.s. with an inhalation toxicity lower than or equal to
1000 ml/m \3\ and saturated vapor concentration greater
than or equal to 10 LC 50.
----------------------------------------------------------------------------------------------------------------

Based on a recommendation by a commenter (PPG), we note that two
new entries for toxic-by-inhalation (TIH) material (i.e., UN3492 and
UN3493) added in the sixteenth revised edition of the UN Model
Regulations and in this final rule will likely be removed from the
dangerous goods table in the seventeenth revised edition of the UN
Model Regulations. Shippers who choose to use these new descriptions on
shipping papers and markings on boxes may incur additional costs when
having to change the material descriptions again should the
descriptions be removed from the UN Model Regulations and subsequently,
the HMR.
Additionally, because of the addition of generic TIH descriptions
for toxic, flammable, corrosive material (i.e., UN 3488, UN3499), PPG
believes the domestic entries for ``sec-Butyl chloroformate, NA2742''
and ``Isobutyl chloroformate, NA2742'' are obsolete and recommended
that these materials be described using the generic TIH descriptions
for consistent hazard communication of these materials between modes of
transportation.
We agree. Therefore, in this final rule, as a conforming amendment
to the addition of the generic TIH entries, we are deleting the
domestic use entries ``sec-Butyl chloroformate, NA2742'' and ``Isobutyl
chloroformate, NA2742'' from the HMT.

Amendments to the Column (1) Symbols

The entries ``Elevated temperature liquid, flammable, n.o.s., with
flash point above 37.8 [deg]C, at or above its flash point, UN3256,''
``Elevated temperature liquid, n.o.s., at or above 100 [deg]C and below
its flash point (including molten metals, molten salts, etc.),
UN3257,'' and ``Elevated temperature solid, n.o.s., at or above 240
[deg]C, UN3258'' are revised by adding the symbol G. The symbol G
identifies proper shipping names for which a technical name of the
hazardous material is required in parentheses in association with the
basic description. Requiring the technical name(s) for certain elevated
temperatures materials will help emergency responders in selecting the
proper materials for extinguishing a fire involving these hazardous
materials and will aid in estimating the temperature properties of the
materials (e.g., the melting point).
The entries ``Metal catalyst, dry, UN2881'' and ``Metal catalyst,
wetted with a visible excess of liquid, UN1378'' are revised by adding
the symbol G. The symbol G identifies proper shipping names for which a
technical name of the hazardous material is required in parentheses in
association with the basic description. Requiring the technical name(s)
for metal catalysts will aid emergency responders in selecting the
proper fire suppressant (e.g., CO2) if the hazardous
material is involved in a fire or in identifying other materials the
metal catalyst could react with.
The entry ``Powder, smokeless, UN0509,'' is revised by deleting the
symbol D. The symbol D identifies a proper shipping name for domestic
use only. This entry has been adopted into the UN Model Regulations,
the ICAO TI, and the IMDG Code. This deletion is consistent with our
final rule published under Docket HM-215J (74 FR 2200, January 14,
2009) in which we indicated our intent to remove the symbol D in a
future rulemaking upon adoption of the entry into international
regulations.
For the following Division 5.1 (oxidizer) materials and Division
6.1 (toxic) materials, the entries are revised by adding the symbol G.
The symbol G identifies proper shipping names for which one or more
technical names of the hazardous material must be entered in
parentheses in association with the basic description on a shipping
paper. Knowledge of the technical name of toxic materials may aid
emergency responders with implementing more appropriate first aid
measures:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3141.............................................. Antimony compounds, inorganic, liquid, n.o.s.
UN1549.............................................. Antimony compounds, inorganic, solid, n.o.s.
UN1556.............................................. Arsenic compounds, liquid, n.o.s. inorganic, including
arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides,
n.o.s.; and organic compounds of arsenic, n.o.s.
UN1557.............................................. Arsenic compounds, solid, n.o.s. inorganic, including
arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides,
n.o.s.; and organic compounds of arsenic, n.o.s.
UN1564.............................................. Barium compounds, n.o.s.
UN1566.............................................. Beryllium compounds, n.o.s.
UN3213.............................................. Bromates, inorganic, aqueous solution, n.o.s.
UN1450.............................................. Bromates, inorganic, n.o.s.

[[Page 3323]]

UN2570.............................................. Cadmium compounds.
UN3210.............................................. Chlorates, inorganic, aqueous solution, n.o.s.
UN1461.............................................. Chlorates, inorganic, n.o.s.
UN1462.............................................. Chlorites, inorganic, n.o.s.
UN1583.............................................. Chloropicrin mixtures, n.o.s.
UN3362.............................................. Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361.............................................. Chlorosilanes, toxic, corrosive, n.o.s.
UN1935.............................................. Cyanide solutions, n.o.s.
UN2856.............................................. Fluorosilicates, n.o.s.
UN3212.............................................. Hypochlorites, inorganic, n.o.s.
UN2291.............................................. Lead compounds, soluble, n.o.s.
UN2024.............................................. Mercury compounds, liquid, n.o.s.
UN2025.............................................. Mercury compounds, solid, n.o.s.
UN3144.............................................. Nicotine compounds, liquid, n.o.s. or Nicotine
preparations, liquid, n.o.s.
UN1665.............................................. Nicotine compounds, solid, n.o.s. or Nicotine
preparations, solid, n.o.s.
UN3219.............................................. Nitrites, inorganic, aqueous solution, n.o.s.
UN2627.............................................. Nitrites, inorganic, n.o.s.
UN3214.............................................. Permanganates, inorganic, aqueous solution, n.o.s.
UN1482.............................................. Permanganates, inorganic, n.o.s.
UN2026.............................................. Phenylmercuric compounds, n.o.s.
UN2630.............................................. Selenates or Selenites.
UN3440.............................................. Selenium compound, liquid, n.o.s.
UN3283.............................................. Selenium compound, solid, n.o.s.
UN3284.............................................. Tellurium compound, solid, n.o.s.
UN3285.............................................. Vanadium compound, solid, n.o.s.
----------------------------------------------------------------------------------------------------------------

Amendments to the Column (2) Hazardous Materials Descriptions and
Proper Shipping Names

The proper shipping name for the entry ``Detonator, assemblies,
non-electric, for blasting, UN0500,'' is revised by removing the comma
after ``Detonator'' to read ``Detonator assemblies, non-electric, for
blasting.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
The proper shipping name for the entry ``Engines, internal
combustion, flammable gas powered, UN3166,'' is revised to read
``Engines, internal combustion or Engines, fuel cell, flammable gas
powered.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
One commenter (IATA) suggests that we revise this proper shipping
name to the singular ``engine'' in alignment with use of the singular
form for the entries in the UN Model Regulations. We disagree. As
indicated by the commenter, Sec. 172.101(c)(1) authorizes use of
proper shipping names in the singular or plural form. Therefore, we
believe it is not necessary to revise the proper shipping name to the
singular ``engine'' when the shipper is authorized to modify the proper
shipping name between singular and plural forms.
The proper shipping name for the entry ``Engines, internal
combustion, flammable liquid powered, UN3166,'' is revised to read
``Engines, internal combustion or Engines, fuel cell, flammable liquid
powered.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
One commenter (IATA) suggests that we revise this proper shipping
name to the singular ``engine'' in alignment with use of the singular
form for the entries in the UN Model Regulations. We disagree. As
indicated by the commenter, Sec. 172.101(c)(1) authorizes use of
proper shipping names in the singular or plural form. Therefore, we
believe it is not necessary to revise the proper shipping name to the
singular ``engine.''
The proper shipping names ``Formaldehyde, solutions, flammable,
UN1198'' and ``Formaldehyde, solutions, with not less than 25 percent
formaldehyde, UN2209'' are revised to remove an errant comma between
the words ``Formaldehyde'' and ``solutions.'' This revision appears as
a ``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``1-Hydroxybenzotriazole,
anhydrous, wetted with not less than 20 percent water, by mass,
UN3474'' is revised to read ``1-Hydroxybenzotriazole, monohydrate.''
This revision appears as a ``Remove/Add'' in this rulemaking.
The proper shipping name for the PG II entry for Lithium
hypochlorite, dry with more than 39% available chlorine (8.8% available
oxygen) or Lithium hypochlorite mixture, dry with more than 39%
available chlorine (8.8% available oxygen), UN1471'' is revised to read
``Lithium hypochlorite, dry or Lithium hypochlorite mixture'' to
conform with the addition of the new PG III entry and international use
of this proper shipping name. This revision appears as a ``Remove/Add''
in this rulemaking.
The proper shipping name for the entry ``Nitric acid other than red
fuming, with less than 65 percent nitric acid, UN2031'' is revised to
read ``Nitric acid other than red fuming, with more than 20 percent and
less than 65 percent nitric acid, UN2031.'' The proper shipping name
for the Packing Group I entry ``Nitric acid other than red fuming, with
more than 70 percent nitric acid, UN2031'' is added to the HMT. In a
final rule published on January 14, 2009 (HM-215J; 74 FR 2200), errors
were made to both nitric acid entries and in this final rule, PHMSA
aligns them correctly in accordance with the various international
standards. Additionally, we are removing the outdated Packing Group II
entry ``Nitric acid other than red fuming, with not more than 70
percent nitric acid, UN2031'' that should have been removed from the
HMT in the same final rule.
The proper shipping name for the entry ``Tars, liquid including
road asphalt and oils, bitumen and cut backs, UN1999'' is revised to
read ``Tars, liquid including road oils and cutback bitumens.'' The
entries in the HMT applicable to transport of bitumen may cause
confusion with respect to the proper classification of the material.
The entries include ``Combustible liquid, n.o.s., NA1993, combustible
liquid'' and ``Tars, liquid including road asphalt and oils, bitumen
and cut backs, UN1999, 3,'' and the entries ``Elevated temperature
liquid, flammable, n.o.s., UN3256, 3'' and ``Elevated temperature
liquid, n.o.s., UN3257, 9,'' when the material is heated and offered
for transport. Bitumen is a hydrocarbon material derived from crude oil
having a flashpoint of 160 [deg]C or greater. Bitumens typically do not
meet the classification for a Class 3 flammable

[[Page 3324]]

liquid except for cutback bitumens which are blended with a flammable
material such as kerosene. Also, road asphalt is bitumen mixed with
sand and fillers which also does not meet the classification for a
Class 3 flammable liquid. Therefore, we are revising the proper
shipping name ``Tars, liquid including road asphalt and oils, bitumen
and cut backs'' by removing reference to asphalt and clarifying
applicability to cutback bitumens to read ``Tars, liquid including road
oils and cutback bitumens.'' This revision appears as a ``Remove/Add''
in this rulemaking.
The proper shipping name for the entry ``Trinitro-meta-cresol,
UN0216'' is revised to read ``Trinitro-m-cresol.'' This revision
appears as a ``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``Vehicle, flammable gas
powered, UN3166,'' is revised to read ``Vehicle, flammable gas powered
or Vehicle, fuel cell, flammable gas powered.'' This revision appears
as a ``Remove/Add'' in this rulemaking.
The proper shipping name for the entry ``Vehicle, flammable liquid
powered, UN3166,'' is revised to read ``Vehicle, flammable liquid
powered or Vehicle, fuel cell, flammable liquid powered.'' This
revision appears as a ``Remove/Add'' in this rulemaking.

Amendments to the Column (3) Hazard Class or Division

PHMSA is revising the classification of a number of entries to
Division 6.1 poisonous primary hazards for consistency with the
adoption of classification changes into the sixteenth revised edition
of the UN Model Regulations. The changes are based on data provided
from a thorough review of literature on toxic-by-inhalation materials.
The review of literature is provided in Informal Document UN/SCETDG/33/
INF.8 submitted to the 33rd session of the UN Sub-Committee of Experts
on the Transport of Dangerous Goods which is available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
For the entry ``Tetranitromethane, UN1510,'' the Class 5 (oxidizer)
material's primary hazard is revised to a Division 6.1 (poisonous)
material primary hazard.
For the following Class 3 (flammable liquid) materials, the Class 3
primary hazard is revised to a Division 6.1 (poisonous) material
primary hazard.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2481.............................................. Ethyl isocyanate.
UN2486.............................................. Isobutyl isocyanate.
UN2483.............................................. Isopropyl isocyanate.
UN3079.............................................. Methacrylonitrile, stabilized.
UN2605.............................................. Methoxymethyl isocyanate.
----------------------------------------------------------------------------------------------------------------

For the following Class 8 (corrosive) materials, the Class 8
primary hazard is revised to a Division 6.1 (poisonous) material
primary hazard.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1810.............................................. Phosphorous oxychloride.
UN1834.............................................. Sulfur chloride.
UN1838.............................................. Titanium tetrachloride.
----------------------------------------------------------------------------------------------------------------

Amendments to the Column (5) Packing Group (PG)

The entry ``Carbon dioxide, solid or Dry ice, UN1845'' is revised
by deleting the PG III designation. In general, the PG assigned to a
material identifies the degree of hazard the material represents and
determines the performance level of the packaging required for the
material. For example, a PG II material (i.e., a moderate hazard
material) is considered more hazardous and requires more stringent
packaging than a PG III material (i.e., a low hazard material). Dry ice
presents minimal risk during transport except where concentrations may
build up in a confined space. Therefore, in this final rule, PHMSA is
deleting the PG III designation from the entry.
For the following Division 6.1 poisonous materials, the PG is
revised to read PG I.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2668.............................................. Chloroacetonitrile.
UN1810.............................................. Phosphorous oxychloride.
UN2474.............................................. Thiophosgene.
UN1838.............................................. Titanium tetrachloride.
----------------------------------------------------------------------------------------------------------------

PHMSA is making this revision to the PG assignment for these
entries for consistency with the adoption of changes into the sixteenth
revised edition of the UN Model Regulations. The changes are based on
data provided from a thorough review of literature on toxic-by-
inhalation materials. The review of literature is provided in Informal
Document UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN
Sub-Committee of Experts on the Transport of Dangerous Goods which is
available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.

Amendments to the Column (6) Label(s)

For the following hazardous material entries, PHMSA is revising the
label requirements for consistency with changes made to the
classification of these materials under amendments to Column (3) (see
above). The Class 3 (flammable liquid), Class 8 (corrosive), or
Division 5.1 (oxidizer) primary hazard labels, as appropriate, and the
Division 6.1 (poisonous) subsidiary hazard label are revised to a
Division 6.1 (poisonous) material primary hazard label and Class 3,
Class 8, or Division 5.1 subsidiary hazard label to read ``6.1, 3,''
``6.1, 8,'' or ``6.1, 5.1,'' as appropriate.

----------------------------------------------------------------------------------------------------------------

[[Page 3325]]

UN2605.............................................. Methoxymethyl isocyanate.
UN1810.............................................. Phosphorous oxychloride.
UN1834.............................................. Sulfur chloride.
UN1838.............................................. Titanium tetrachloride.
----------------------------------------------------------------------------------------------------------------

The entry ``Chlorosilanes, toxic, corrosive, flammable, n.o.s.,
UN3362'' is revised by correctly ordering the sequence of labeling
hazards to reflect the proper shipping name to read ``6.1, 8, 3.''

Amendments to the Column (7) Special Provisions

The entry ``Chloropicrin, UN1580'' is revised by replacing the
portable tank instruction T Code T14 with T22. The UN Committee of
Experts on the Transport of Dangerous Goods revised the T Code
assignment for a number of Division 6.1 (toxic-by-inhalation) materials
from T14 to T22. Assigning T22 requires a higher pressure for the
periodic hydrostatic test (6 bar to 10 bar) and a thicker minimum shell
thickness (6 mm to 10 mm). Therefore, for consistency with revisions
made to the T Code assignments under the sixteenth revised edition of
the UN Model Regulations, we are revising the T Code to read T22.
The entry ``Compressed gas, n.o.s., UN1956'' is revised by deleting
special provision 77 which authorizes the use of this entry for
mixtures of gases with less than 23.5% oxygen when no other oxidizing
gases are present. Because we are modifying the definition of oxidizing
gas in Sec. 171.8 of the HMR to indicate that ``a gas which may, by
providing oxygen, cause or contribute to the combustion of other
material more than air does means pure gases or gas mixtures with an
oxidizing power greater than 23.5% oxygen'' and because the entry
``Compressed gas, oxidizing, n.o.s., UN3156'' is currently available in
the HMT, the special provision is redundant and no longer necessary.
The entry ``Environmentally hazardous substance, solid, UN3077'' is
revised by adding new special provision A112 authorizing the
transportation of certain IBCs containing this material up to a maximum
net quantity of 1,000 kg by passenger or cargo-only aircraft.
The entry ``Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1 MPa (10 bar) at 50 degrees C, UN1040 is revised by
deleting special provision A59 and adding new special provision 342.
The provisions in A59 applied only to air transport but they now apply
to all modes under new Special provision 342. See Section 172.102
special provisions for a discussion of new special provision 342.
The entry ``1-Hydroxybenzotriazole, monohydrate, UN3474'' is
revised by deleting special provision 162. Special provision 162
requires that for the material to be transported as a Division 4.1
desensitized material, it must be transported in such a manner that at
no time during the course of transportation does the percentage
concentration of water fall below 20%. Anhydrous hydroxybenzotriazole
rapidly converts to the monohydrate form in the presence of water, that
is, the thermally stable form of the substance. Additionally, tests
have indicated that the monohydrate maintains its water content under
temperature conditions encountered in storage and transport over
extended periods of time. This conforms to the intent of the provisions
specified in special provision 162 and therefore, we are deleting
special provision 162 from the entry.
The entry ``Motor fuel anti-knock mixtures, UN1649'' is revised by
deleting special provision 151. Special provision 151 requires that if
this material also meets the definition of a Class 3 (flammable) liquid
under Sec. 173.120 of the HMR, a FLAMMABLE LIQUID label is required
and the basic description on the shipping paper must indicate the Class
3 subsidiary hazard. However, because of the addition of the new entry
``Motor fuel anti-knock mixtures, flammable, UN3483'' which indicates a
Class 3 subsidiary hazard, we believe it is no longer necessary to
assign special provision 151 to this entry.
The entry ``Nitrogen, refrigerated liquid cryogenic liquid,
UN1977'' is revised by adding new special provisions 345 and 346. See
Section 172.102 special provisions for a discussion of new special
provisions 345 and 346.
The entry ``Oxygen, compressed, UN1072'' is revised by adding
special provision 110 authorizing an actuating cartridge (e.g., power
device cartridges of Division 1.4, compatibility groups C and S) to be
installed on a cylinder containing oxygen without changing the
classification of Division 2.2. See Section 172.102 special provisions
for a discussion of our revision to special provision 110.
The entry ``Pentaerythrite tetranitrate or Pentaerythritol
tetranitrate or PETN, with not less than 7 percent wax by mass, 0411)''
is revised by assigning special provision 120 to the entry. A final
rule published in the Federal Register under Docket HM-215B (62 FR
24689, May 6, 1997), added special provision 120 to Sec. 172.102(c)(1)
of the HMR and assigned it to one of the phlegmatized HMT entries for
PETN (UN0411). In this final rule, PHMSA is reassigning special
provision 120 to UN0411 in Column (7) of the HMT because it never
appeared in the subsequent printing of the HMR but the requirement
remains valid.
The entry ``Petroleum crude oil, UN1267'' is revised by adding new
special provision 357 instructing a shipper, if applicable, to use the
entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' for
petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard when this material is offered for transportation
internationally. See Section 172.102 Special provisions for a
discussion of special provision 357.
The entry ``Zinc ammonium nitrate, UN1512'' is revised by deleting
special provision IP2 which requires IBCs other than metal or rigid
plastic IBCs to be offered for transportation in a closed freight
container or a closed transport vehicle.
The following Division 1.4, Compatibility Group S (1.4S) explosive
article entries in the HMT are revised by adding new special provision
347 which limits the use of the entries to only those articles that
have successfully passed Test series 6(d) of Part I of the UN Manual of
Tests and Criteria. For clarity, we are also adding the special
provision to the entry ``Cartridges, power device (used to project
fastening devices), ORM-D'' to indicate that the requirements for
special provision 347 also apply to Division 1.4S articles that may be
reclassed as ORM-D. See Section 172.102 Special Provisions for a
discussion of new special provision 347.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN0323.............................................. Cartridges, power device.
UN0460.............................................. Charges, bursting, plastics bonded.
UN0445.............................................. Charges, explosive, commercial without detonator.

[[Page 3326]]

UN0441.............................................. Charges, shaped without detonator.
UN0500.............................................. Detonator assemblies, non-electric for blasting.
UN0456.............................................. Detonators, electric for blasting.
UN0366.............................................. Detonators for ammunition.
UN0455.............................................. Detonators, non-electric for blasting.
----------------------------------------------------------------------------------------------------------------

The following Division 6.1 (toxic-by-inhalation) materials entries
are revised by replacing the portable tank instruction T Code T22 with
T20. The UN Committee of Experts on the Transport of Dangerous Goods
revised the T Code assignment for a number of Division 6.1 (toxic-by-
inhalation) materials from T14 to T20. Assigning T20 requires a higher
pressure for the periodic hydrostatic test (6 bar to 10 bar) and a
thicker minimum shell thickness (6 mm to 8 mm). This change is
consistent with the T Code assigned to the same materials in the HMT.
However, for the materials listed below, we assigned a T Code T22 which
requires a minimum shell thickness of 10 mm. We do not believe there
would be a safety risk in reducing the minimum shell thickness for
portable tanks containing these materials from 10 mm to 8 mm.
Therefore, for consistency with revisions made to the T Code
assignments under the sixteenth revised edition of the UN Model
Regulations as well as consistency with the current assignment of T20
to a number of other Division 6.1 (toxic-by-inhalation material)
entries, the T Code T20 would be assigned for the following materials.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2484.............................................. tert-Butyl isocyanate.
UN2481.............................................. Ethyl isocyanate.
UN2486.............................................. Isobutyl isocyanate.
UN2483.............................................. Isopropyl isocyanate.
UN2605.............................................. Methoxymethyl isocyanate.
UN2482.............................................. n-Propyl isocyanate.
----------------------------------------------------------------------------------------------------------------

The following Division 6.1 (toxic-by-inhalation) material entries
are revised by adding the portable tank special provision TP13 as a
conforming amendment to the changes to the PG assignment for these
materials (see Amendments to Column (5) above). Special provision TP13
requires the use of self-contained breathing apparatus when the
hazardous material is transported by vessel.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2668.............................................. Chloroacetonitrile.
UN1810.............................................. Phosphorous oxychloride.
UN1834.............................................. Sulfur chloride.
UN2474.............................................. Thiophosgene.
----------------------------------------------------------------------------------------------------------------

The following organometallic substance entries are revised by
adding portable tank special provision TP36 which authorizes use of
fusible elements in the vapor space on portable tanks transporting
these materials. See Section 178.275 for a discussion of the authorized
use of fusible elements on portable tanks.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3392.............................................. Organometallic substance, liquid, pyrophoric.
UN3394.............................................. Organometallic substance, liquid, pyrophoric, water-
reactive.
UN3398.............................................. Organometallic substance, liquid, water-reactive.
UN3399.............................................. Organometallic substance, liquid, water-reactive,
flammable.
UN3391.............................................. Organometallic substance, solid, pyrophoric.
UN3393.............................................. Organometallic substance, solid, pyrophoric, water-
reactive.
UN3400.............................................. Organometallic substance, solid, self-heating.
UN3395.............................................. Organometallic substance, solid, water-reactive.
UN3396.............................................. Organometallic substance, solid, water-reactive,
flammable.
UN3397.............................................. Organometallic substance, solid, water-reactive, self-
heating.
----------------------------------------------------------------------------------------------------------------

The following Division 5.1 (oxidizer) substance entries are revised
by adding new special provision W1. Special provision W1 excepts these
substances from the HMR for vessel transport when transported in non-
friable prill or granule form provided the substance has been
successfully tested in accordance with the UN Manual of Tests and
Criteria.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1486................................................... Potassium nitrate.
UN1498................................................... Sodium nitrate.
UN1499................................................... Sodium nitrate and potassium nitrate mixtures.
----------------------------------------------------------------------------------------------------------------

Amendments to the Column (8) Packaging Authorizations

The four flammable liquid entries ``Alcohols, n.o.s., UN1987,''
``Ethanol, UN1170,'' ``Formaldehyde solutions, flammable, UN1198'' and
``Isopropanol, UN1219'' are revised in Column (8A) by adding reference
to Sec. 173.4b for additional exceptions for these materials. Section
173.4b prescribes the requirements for de minimis quantities of
hazardous materials offered for transportation and transported by all
modes, domestic or international. We

[[Page 3327]]

are adding a new paragraph (b) to except non-infectious specimens
(e.g., museum specimens) preserved with small amounts of certain Class
3 materials from the HMR as recently adopted in the international
standards. This amendment is consistent with previous interpretations
we have issued on this matter.
The entry ``Hydrogen in a metal hydride storage system or Hydrogen
in a metal hydride storage system contained in equipment or Hydrogen in
a metal hydride storage system packed with equipment, UN3468'' is
revised in Column (8B) by deleting the reference to Sec. 173.214 for
authorized non-bulk packaging and adding new section reference Sec.
173.311. See Section 173.311 for a discussion of authorized packaging
provisions for hydrogen in a metal hydride storage system.
The entry ``Polyester resin kit, UN3269'' is revised by amending
Columns (8A) and (8B) to read 165 in reference to packaging provisions
in Sec. 173.165. Column (8A) previously referred to Sec. 173.152 and
Column (8B) referred to Sec. 173.225 for authorized packaging. For
clarity and consistency, such articles are now subject to packaging
provisions incorporated into the HMR specific to these articles.

Amendments to the Column (9) Quantity Limitations

We received three comments (3M, IATA, UPS) requesting that PHMSA
harmonize with ICAO Technical Instructions amendments that forbid the
transport of certain chlorosilane materials in passenger aircraft
(UN1818, UN2434, UN2437, UN2986, and UN2987).
We agree. Our original intent was to incorporate these amendments
in the August 2010 proposed rule. Therefore, based on our intent and
comments received, the following entries are revised by amending the
Column (9A) package quantity limitations for passenger air and rail to
read ``Forbidden,'' consistent with the 2011-2012 ICAO Technical
Instructions:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1818.............................................. Silicon tetrachloride.
UN2434.............................................. Diphenyldichlorosilane.
UN2437.............................................. Methylphenyldichlorosilane.
UN2986.............................................. Chlorosilanes, corrosive, flammable, n.o.s.
UN2987.............................................. Chlorosilanes, corrosive, n.o.s.
----------------------------------------------------------------------------------------------------------------

The entries ``Medicine, liquid, flammable, toxic, n.o.s., UN3248,''
``Medicine, liquid, toxic, n.o.s., UN1851,'' and ``Medicine, solid,
toxic, n.o.s., UN3249'' are revised in the Column (9A) and (9B) package
quantity limitations authorizing a greater maximum quantity per package
consistent an changes made to the 2011-2012 ICAO TI.

Amendments to the Column (10) Vessel Stowage Requirements

Vessel stowage location (10A). For the following materials, we are
revising the authorized stowage locations in Column (10A) by revising
the stowage category to read D. Assignment of stowage category D means
the material must be stowed ``on deck only'' on a cargo vessel and on a
passenger vessel carrying a number of passengers limited to not more
than the larger of 25 passengers or one passenger per each 3 meters of
overall vessel length. The material is prohibited on passenger vessels
in which the limiting number is exceeded.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1951.............................................. Argon, refrigerated liquid (cryogenic liquid).
UN2187.............................................. Carbon dioxide, refrigerated liquid.
UN1143.............................................. Crotonaldehyde or Crotonaldehyde, stabilized.
UN1963.............................................. Helium, refrigerated liquid (cryogenic liquid).
UN1970.............................................. Krypton, refrigerated liquid (cryogenic liquid).
UN1647.............................................. Methyl bromide and ethylene dibromide mixtures, liquid.
UN2644.............................................. Methyl iodide.
UN2477.............................................. Methyl isothiocyanate.
UN2606.............................................. Methyl orthosilicate.
UN1913.............................................. Neon, refrigerated liquid (cryogenic liquid).
UN2201.............................................. Nitrous oxide, refrigerated liquid.
UN2337.............................................. Phenyl mercaptan.
UN1810.............................................. Phosphorous oxychloride.
UN1834.............................................. Sulfur chloride.
UN2474.............................................. Thiophosgene.
UN1838.............................................. Titanium tetrachloride.
UN2591.............................................. Xenon, refrigerated liquid (cryogenic liquids).
----------------------------------------------------------------------------------------------------------------

Vessel stowage codes (10B). For the following hazardous materials,
we are removing from Column (10B) stowage code 18 (stowage code 143 for
UN3392), which prohibits the material from being transported on any
vessel carrying explosives (except Division 1.4S explosives), and we
are adding in its place stowage code 78, which requires the materials
to be stowed ``separated longitudinally by an intervening complete
compartment or hold from'' explosives.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1131.............................................. Carbon disulfide.
UN1259.............................................. Nickel carbonyl.
UN3392.............................................. Organometallic substance, liquid, pyrophoric.
UN3394.............................................. Organometallic substance, liquid, pyrophoric, water-
reactive.
UN3194.............................................. Pyrophoric liquid, inorganic, n.o.s.
UN2845.............................................. Pyrophoric liquids, organic, n.o.s.
----------------------------------------------------------------------------------------------------------------

[[Page 3328]]

Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
adopting the following revisions to Sec. 172.102, special provisions.
Special provision 15 is revised by removing redundant regulatory
text applicable to ``Chemical kits, UN3316'' and ``First aid kits,
UN3316.''
Special provision 40 is revised to indicate that ``Polyester resin
kit, UN3269'' requires specification outer packaging based on the PG
assigned to the base (Class 3) material unless excepted as a limited or
excepted quantity material. This revision is a clarification of the
existing requirement.
Special provision 77 is deleted. Special provision 77 allows use of
the entry ``Compressed gas, n.o.s., UN1956'' for mixtures of gases with
less than 23.5% oxygen when no other oxidizing gases are present. PHMSA
is modifying the definition of oxidizing gas in Sec. 171.8 to state
that ``a gas which may, by providing oxygen, cause or contribute to the
combustion of other material more than air does,'' meaning, pure gases
or gas mixtures with an oxidizing power greater than 23.5% oxygen.
Because of the availability of the entry ``Compressed gas, oxidizing,
n.o.s., UN3156'' in the HMT, we believe special provision 77 is no
longer necessary.
Special provision 78 is revised to direct shippers to use the entry
``Compressed gas, oxidizing, n.o.s., UN3156'' to describe compressed
air that contains pure gases or gas mixtures with an oxidizing power
greater than 23.5% oxygen. PHMSA is modifying the definition of
oxidizing gas in Sec. 171.8 of the HMR to indicate that ``a gas which
may, by providing oxygen, cause or contribute to the combustion of
other material more than air does,'' meaning, pure gases or gas
mixtures with an oxidizing power greater than 23.5% oxygen. Therefore,
we are revising this special provision to emphasize the revised
definition and use of the proper shipping description.
Special provision 110 is revised to include oxygen cylinders for
emergency use. Fire extinguishers (UN1044) are assigned special
provision 110, which authorizes the installation of a cartridge power
device (of Divisions 1.4C and S) on the fire extinguisher without
changing its classification from Division 2.2, provided the actuating
cartridge does not contain deflagrating (propellant) explosives
exceeding 3.2 g. Many of these types of fire extinguishers are used in
commercial aircraft applications where the actuating cartridge is
necessary for remote activation to discharge the fire suppressant
contained in the cylinder. Similarly, commercial aircraft are being
designed to incorporate small oxygen cylinders in the overhead panels
above passenger seats to provide emergency oxygen in the event of a
depressurization. The design of the system is that a small actuating
cartridge attached to each cylinder will be initiated once the
passenger starts breathing into the mask, which will allow the flow of
oxygen from these cylinders. In connection with the manufacturing and
maintenance of the aircraft, it is necessary for these small cylinders
to be transported with the actuator installed. The principal hazard
presented by these oxygen cylinders remains that of Division 2.2, and
not the Division 1.4 explosive hazard of the actuating cartridge.
Therefore, in this final rule PHMSA is authorizing the transport of
oxygen cylinders for emergency use with an installed actuating
cartridge without changing the classification of Division 2.2 provided
that the total quantity of deflagrating (propellant) explosives does
not exceed 3.2 g per oxygen cylinder, and further provided that the
cylinders have an effective means of preventing inadvertent activation.
Special provision 130 is revised in conformance with adoption of
new special provision 340 and new Sec. 172.101 HMT entry, ``Batteries,
nickel-metal hydride, UN3496,'' applicable to nickel-metal hydride
batteries transported by vessel. Two commenters (PRBA, Saft) requested
a revision to clarify the appropriate use of this special provision for
the transport of nickel-metal hydride batteries. We agree that special
provision 130 should be clarified to avoid confusion over appropriate
use of entries applying to nickel-metal hydride batteries. Because
these batteries are dry batteries, they are subject to conditions in
special provision 130, which outlines that the provision applies to dry
batteries when not specifically covered by another entry in the HMT.
Because there is now another entry for nickel-metal hydride batteries
that is modal specific, there is potential for confusion. We are
therefore adding language to special provision 130 clarifying that,
except for nickel-hydride batteries shipped under conditions specified
in special provision 340 for vessel transportation, nickel-metal
hydride batteries are covered by the entry ``Batteries, dry, sealed,
n.o.s.''
In addition, one commenter (PRBA) suggested that we codify guidance
offered in several recently issued letters of interpretation (e.g.,
Ref. No. 09-0194) indicating our determination that spent or used dry
batteries of not more than 9 volts are not likely to generate a
dangerous quantity of heat, short circuit, or create sparks during the
normal course of transportation and thus, are not subject to the HMR
when transported for purposes of recycling, reconditioning, or
disposal. We agree. Therefore, in this final rule we are revising
special provision 130 by adding a conditional exception for the ground
transportation of spent or used dry batteries.
For conformance with the addition of new proper shipping names for
UN3166, special provision 134 is revised to specify that a battery-
powered vehicle or equipment that also contains an internal combustion
engine must be consigned under the entry ``Engine, internal combustion,
flammable gas powered'' or ``Engine, internal combustion, flammable
liquid powered'' or ``Vehicle, flammable gas powered'' or ``Vehicle,
flammable liquid powered,'' as appropriate. These entries include
hybrid electric vehicles powered by both an internal combustion engine
and batteries. Furthermore, a battery-powered vehicle or equipment that
contains a fuel cell-powered engine must be consigned under the entry
``Engine, fuel cell, flammable gas powered'' or ``Engine, fuel cell,
flammable liquid powered'' or ``Vehicle, fuel cell, flammable gas
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell, an internal combustion engine, and batteries.
Special provision 135 is revised to specify that an internal
combustion engine installed in a vehicle must be consigned to the entry
``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid
powered,'' as appropriate. These entries include hybrid electric
vehicles powered by both an internal combustion engine and installed
wet, sodium or lithium batteries. If a fuel cell-powered engine is
installed in a vehicle, the vehicle must be consigned using the entry
``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle, fuel cell,
flammable liquid powered,'' as appropriate. These entries include
hybrid electric vehicles powered by a fuel cell, an internal combustion
engine, and batteries.
Special provision 149 is revised to indicate the exception provided
may not

[[Page 3329]]

be used for transportation by aircraft. This special provision
authorizes an increased amount of certain Class 3 (flammable liquid)
materials in PG II that are also consumer commodities. We received one
comment, from Safety Specialists, Inc. (SSI), opposing the elimination
of air eligibility for use of the exception provided in the special
provision. SSI asserts that because the materials currently authorized
to use the packaging exception provided by special provision 149 are
not ``extremely'' hazardous materials, they should continue to be
authorized in air transportation in far greater quantities per inner
packaging than are limited quantities packaged under the ICAO Technical
Instructions. We disagree. Standardization in today's safety culture
enhances safety, lowers training costs and facilitates commerce through
greater productivity. PHMSA has made concessions in this final rule,
such as lifting the Sec. 175.75 cargo compartment loading restriction
on packages of limited quantity materials, to offset per inner and
outer packaging limitations adopted through harmonization with the ICAO
Technical Instructions. We will also vigorously advocate for change at
the international level when warranted.
Special provision 157 is deleted because the language of this
provision has been combined with the language of revised special
provision 135. Special provision 157 was assigned to the entries
``Vehicle, flammable gas powered'' and ``Vehicle, flammable liquid
powered'' and instructed shippers that these entries include hybrid
electric vehicles powered by both internal combustion engines and
installed wet, sodium or lithium batteries. This language is now in
special provision 135.
Special provision 167 is revised to require a metal hydride storage
system installed in conveyances, to be approved by the Associate
Administrator before acceptance for transport. Special provision 167 is
also applicable, where appropriate, to UN3166 entries powered by fuel
cells.
Special provision 198 is revised to include ``Perfumery products,
UN1266'' among the list of products that nitrocellulose solutions
containing not more than 20% nitrocellulose can be transported as.
PHMSA is also revising this provision to clarify that the
nitrocellulose may not contain more that 12.6% nitrogen by dry mass.
A new special provision 340 is added to provide special instruction
for the vessel transport of nickel-metal hydride batteries (including
cells). Except for nickel-metal hydride button cells or nickel-metal
hydride cells or batteries packed with or contained in equipment, when
nickel-metal hydride batteries are loaded in a vessel cargo transport
unit in a total quantity of 100 kg gross mass or more, shipment of the
nickel-metal hydride batteries is subject to the shipping paper,
dangerous cargo manifest requirements under Sec. 176.30, and stowage
conditions assigned to the ``Batteries, nickel-metal hydride, UN3496''
entry in the Sec. 172.101 HMT. Additionally, the nickel-metal hydride
batteries are required to be securely packed and protected against a
dangerous evolution of heat, short circuits and damage to terminals.
A new special provision 342 is added to be consistent with the
adoption of the same provisions in the UN Model Regulations and the
IMDG Code as well as amendments made to special provision A131 in the
ICAO Technical Instructions. The special provision allows sterilization
devices containing ethylene oxide conforming to the conditions in the
special provision and packaged in accordance with Sec. 173.4a of the
HMR to be offered for transportation and transported by all modes even
though Column (9A) of the Sec. 172.101 HMT lists the material as
forbidden by passenger aircraft. The addition of this special provision
coincides with the deletion of special provision A59 which restricted
the applicability of the special provision to air transport. See
Special provision A59 for additional discussion of this amendment.
A new special provision 343 is added and assigned to the new HMT
entry ``Petroleum sour crude oil, flammable, toxic, UN3494,''
indicating that for international transportation, this entry in the HMT
must be used for petroleum crude oil containing hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil can
present an inhalation hazard. However, any bulk packaging used for the
domestic transport of petroleum crude oil would be required to be
marked in accordance with the new markings prescribed in Sec. 172.327
of the HMR to provide warning of the potential hazard from inhalation
of hydrogen sulfide vapors.
A new special provision 345 is added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in open cryogenic receptacles with a
maximum capacity of 1 L. The receptacles must be constructed with glass
double walls having the space between the walls vacuum insulated and
each receptacle must be transported in an outer packaging with
sufficient cushioning and absorbent materials to protect the receptacle
from damage.
A new special provision 346 is added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in accordance with the requirements for
open cryogenic receptacles in Sec. 173.320 of the HMR. The receptacle
must contain no hazardous materials other than the liquid nitrogen
which must be fully absorbed in a porous material in the receptacle.
A new special provision 347 is added restricting the use of certain
HMT entries classed as Division 1.4S explosive materials to those
articles successfully passing Test series 6(d) of Part I of the UN
Manual of Tests and Criteria. See Section 172.101 Hazardous Materials
Table (HMT) for the list of proper shipping names that are assigned
special provision 347. A Division 1.4 explosive is defined as an
explosive that presents a minor explosion hazard such that hazardous
effects are confined to a package and no projection of fragments of
appreciable size or range are expected; and that an external fire must
not cause virtually instantaneous explosion of almost the entire
contents of a package containing a Division 1.4 explosive. Under Sec.
173.58 of the HMR, an explosive article or substance is subjected to
Test Series 6(a), 6(b), and 6(c) for assignment to an appropriate
division (e.g. Division 1.4). Explosive articles or substances are
assigned to Division 1.4, Compatibility Group S (1.4S) if hazardous
effects are confined within a package or the blast and projection
effects do not significantly hinder emergency response efforts. Test
Series 6(a), 6(b), and 6(c) address hazard effects from exposure of the
package to a fire but do not address whether hazardous effects from
functioning of the articles or substances is confined within the
package. PHMSA is concerned that there is a possibility that products
classified as Division 1.4S based on behavior in a fire according to
test procedures of Type 6(c) may still produce a hazardous effect that,
when initiated, is not confined to a package. Initiation or ignition as
a result of fire, after the package is degraded, may produce different
results from functioning with the intended means of ignition or
initiation. Knowledge of the behavior of the article or substance in
both cases is needed to allow proper classification.
As discussed in the comment summary in response to the NPRM, PHMSA
is requiring the Type 6(d) test as prescribed in Section 16.7 of the
fifth revised edition of the UN Manual of Tests and Criteria in the new
special provision 347. For affected articles intended for
transportation by aircraft,

[[Page 3330]]

the compliance date of this new requirement is July 1, 2011. If a
manufacturer or approval holder of affected articles previously classed
and approved as Division 1.4S chooses to continue offering such
shipments as Division 1.4S material by aircraft, the articles must be
successfully tested under Test Series 6(d) and a new approval obtained
from PHMSA. Additionally, a previously classed and approved Division
1.4S article that is not successfully tested under Test Series 6(d)
must be assigned to a compatibility group other than S (e.g., B, C, or
D) prior to being transported by aircraft. Based on knowledge that an
article or substance will not pass the Type 6(d) test, a manufacturer
or approval holder may choose to have a previously approved Division
1.4S explosive reassigned to a different compatibility group based on
existing data and recommendation by a PHMSA-approved explosives testing
and examination facility in lieu of conducting the Type 6(d) test. For
new Division 1.4S articles approved prior to January 1, 2012 intended
for domestic highway or rail transportation only, the compliance date
for testing to maintain Division 1.4S classification or reassignment to
a higher compatibility group other than S is January 1, 2014. For
international highway, rail and vessel transportation and domestic
vessel transportation, the compliance date for Type 6(d) testing or
reassignment for new and previously produced affected articles is
January 1, 2012.
A new special provision 349 is added and assigned to
``Hypochlorites, inorganic, n.o.s., UN3212'' to specify that transport
of mixtures of hypochlorite and an ammonium salt is forbidden.
A new special provision 350 is added and assigned to ``Bromates,
inorganic, n.o.s., UN1450'' and ``Bromates, inorganic, aqueous
solution, n.o.s., UN3213'' to specify that transport of ammonium
bromate and its aqueous solutions and mixtures of a bromate and an
ammonium salt is forbidden.
A new special provision 351 is added and assigned to ``Chlorates,
inorganic, n.o.s., UN1461'' and ``Chlorates, inorganic, aqueous
solution, n.o.s., UN3210'' to specify that transport of ammonium
chlorate and its aqueous solutions and mixtures of a chlorate and an
ammonium salt is forbidden.
A new special provision 352 is added and assigned to ``Chlorites,
inorganic, n.o.s., UN1462'' to specify that transport of ammonium
chlorite and its aqueous solutions and mixtures of a chlorite and an
ammonium salt is forbidden.
A new special provision 353 is added and assigned to
``Permanganates, inorganic, n.o.s., UN1482'' and ``Permanganates,
inorganic, aqueous solution, n.o.s., UN3214'' to specify that transport
of ammonium permanganate and its aqueous solutions and mixtures of a
permanganate and an ammonium salt is forbidden.
A new special provision 357 is added and assigned to the entry
``Petroleum crude oil, UN1267'' to clarify that when transported
internationally, petroleum crude oil containing hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil can
present an inhalation hazard must be transported under the entry
``Petroleum sour crude oil, flammable, toxic, UN3494.'' As discussed in
detail in response to comments submitted to the ANPRM, for domestic
transportation, use of the toxic description is not required; however,
a bulk package is required to be marked in accordance with the
requirement of new Sec. 172.327 of the HMR. See Section 173.327 for a
discussion of the marking requirement.
In the August 2010 NPRM, PHMSA proposed to revise special provision
A59 for consistency with amendments made to special provision A131 of
the 2011-2012 ICAO Technical Instructions. Special provision A59 allows
sterilization devices containing ethylene oxide to be offered for
transportation and transported by air under the excepted quantity
provisions of Sec. 173.4a of the HMR. One commenter (Andersen)
supported the amendments to A59 but noted that the special provision
originally appearing in the ICAO Technical Instructions (as special
provision A131) applicable to air transport has been adopted in the UN
Model Regulations as special provision 342 for use by other modes of
transport. Additionally, special provision 342 is also to be
incorporated into the IMDG Code. The commenter questioned the
appropriateness of adopting an ``A'' prefix special provision which
limits the special provision, to air transport only. Andersen stated:

In the preamble to the [NPRM], on page 53085, PHMSA observes
that ``Special provision A59 allows for sterilization devices
containing ethylene oxide to be offered for transportation and
transported by air (and thereby all modes) under the excepted
quantity provisions of Sec. 173.4a'' (emphasis added) * * *
notwithstanding PHMSA's statement in regard to the multi-modal
applicability of this special provision, it is not at all clear from
the wording of Sec. 172.102(c)(2) [A59] * * * that this special
provision extends to all modes of transport.

The commenter suggested that, in order to achieve complete
harmonization and for greater clarity of the applicability of the
special provision, PHMSA revise the applicability of the special
provision to all modes and not restrict the special provision to air
transport through the use of the ``A'' prefix as currently implemented.
We agree. Therefore, in this final rule we are deleting Special
provision A59 and adopting new Special provision 342 which applies
conditions for transportation of sterilization devices containing
ethylene oxide to all modes of transportation.
A new Special provision A112 is added authorizing the
transportation of certain IBCs by passenger and cargo-only aircraft
that contain up to a maximum net quantity of 1,000 kg of an
``Environmentally hazardous substance, solid, n.o.s. UN3077.'' This
amendment is consistent with the authorization in the 2011-2012 ICAO
Technical Instructions.
In paragraph (c)(4), the Table 1 (IBC Codes) are editorially
revised to remove UN Specifications 31A, 31B and 31N from IBC Codes
IB4, IB5, IB6, IB7, and IB8. This revision is consistent with
amendments to international standards and removes the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N
are authorized for transportation of liquids in IBC Codes IB1 through
IB3 which are assigned to liquid materials only.
Paragraph (c)(7) outlines provisions that apply to the
transportation of hazardous materials in UN portable tanks. Two
commenters (DGAC, PSA) requested that PHMSA revise Sec. 172.102(c)(7)
to allow shipment of solid materials in certain portable tanks using
bottom outlets. PSA stated:

At the recommendation of the United States, new provisions
governing the use of bottom outlets on portable tanks were adopted
in the [UN] Model Regulations * * * However, the United States does
not follow its own recommendation in the Proposed Rule * * * To date
* * * the HMRs flatly prohibit the use of bottom outlets for solids
referenced in the American proposal to the U.N. In the Table of
Portable Tank T Codes T1-22, which appears in 49 C.F.R. Sec.
172.102(c)(7), instructions T9 and T21 indicate ``prohibited'' in
the column designated ``bottom outlet requirements.'' The text of
Sec. 172.101(c)(7)(ii) explains that the word ``prohibited'' in
that column of the Table ``means bottom openings are prohibited.''
In the Proposed Rule, and without explanation, the agency did not
propose to adopt its own bottom outlet provision.

In the interest of harmonization with specific regard to the
January 1, 2011

[[Page 3331]]

effective date for international regulations, the commenters urged
PHMSA to adopt the provisions we successfully persuaded international
organizations to adopt.
We agree. In the paper submitted to the UN Sub-Committee of Experts
(UNSCOE) on the Transport of Dangerous Goods (see UN document ST/SG/
AC.10/C.3/2007/24 available at http://www.unece.org/trans/main/dgdb/dgsubc/c32007.html), the U.S. successfully persuaded UNSCOE to adopt
provisions authorizing the use of bottom outlets on portable tanks used
to transport PG I solid material on the basis that (1) transport of
these materials in portable tanks without bottom openings is
impractical and it is virtually impossible to unload the material from
the portable tank through top openings; and (2) there is no compelling
safety reason to prohibit bottom openings in portable tanks suitable
for such material when the authorized portable tanks afford a level of
safety in transport substantially greater than that afforded by other
packagings authorized for the material (e.g., UN1A2 removable head
steel drums). Although PHMSA did not propose this amendment in the
August 2010 NPRM, based on comments received and the relief provided to
industry by authorizing an alternative method of unloading PG I solid
material without a reduction in packaging safety, in this final rule we
are revising Sec. 172.101(c)(7) by revising T Codes T9 and T21 to
prohibit bottom openings for liquid only and specify applicable
requirements for the bottom openings. The revision includes adding
clarifying language to Sec. 172.101(c)(7)(ii) to specify the meaning
of ``prohibited'' for liquids in the appropriate context. With regard
to PSA's suggested revised regulatory text, we do not believe it is
necessary to add language specifying that the bottom outlets must
conform to 6.7.2.6.2 of the UN Model Regulations (bottom opening
requirements for portable tanks used for solid material) because these
provisions are dealt with under Sec. 178.275(d)(2), which we are
referencing in the revised entries for portable tank T Codes T9 and
T22.
A new portable tank special provision TP36 is added authorizing the
use of fusible elements in the vapor space of portable tanks with a
gauge test pressure that exceeds 265 kPa (38.4 psig/2.65 bar). See
Section 178.275 for a detailed discussion. See Section 172.101
Hazardous Materials Table for a listing of materials assigned this
special provision.
A new special provision W1 is added indicating that the hazardous
materials ``Potassium nitrate, UN1486,'' ``Sodium nitrate, UN1498,''
and ``Sodium nitrate and Potassium nitrate mixtures, UN1499'' are not
subject to the HMR when transported by vessel in non-friable prills or
granules form. The material must be accompanied by a certificate from
an accredited laboratory stating that the product has been properly
sampled and tested by the laboratory according to the UN Manual of
Tests and Criteria.
Section 172.200
Section 172.200 prescribes the applicability of shipping paper
requirements for the transportation of hazardous materials. Paragraph
(b)(3) is revised to remove the exceptions for ORM-D material in
conformance with the changes made to the limited quantities
requirements under this final rule.
Section 172.203
Section 172.203 specifies additional hazardous materials
description requirements on shipping papers. Paragraph (b) is revised
to indicate that when a shipping paper is required, a limited quantity
must be indicated as such. This revision is necessary due to the
shipping paper exception adopted in this final rule for limited
quantities intended for transportation by highway or rail.
Section 172.300
Section 172.300 prescribes the applicability of the HMR marking
requirements incorporated in subpart D of Part 172. Paragraph
(l)(1)(ii) of Sec. 172.101 authorizes up to a one-year transition
period for continued use of stock of pre-printed packaging marked with
proper shipping names revised in the HMT under a rulemaking. Consistent
with the transition period authorized in Sec. 172.101(l)(1)(ii), in
this final rule we are amending Sec. 172.300 of the HMR to authorize
the continued use of stock of preprinted packaging for one year from
the date of compliance or until depleted (whichever is less) for a
revision to a required marking. This amendment allows the continued use
of preprinted packaging stock that is marked in accordance with the
manner previously authorized.
Section 172.301
Section 172.301 prescribes general marking requirements for non-
bulk packagings. In this final rule, PHMSA is amending paragraph (a) to
clarify that a proper shipping name and identification number is not
required to be marked on package containing only limited quantity
material marked in accordance with Sec. 172.315(a). Additionally, it
is amended by adding that until January 1, 2014 (January 1, 2013 if
intended for transportation by aircraft), an identification number is
not required to be marked on package containing only a Consumer
commodity, ORM-D or ORM-D-AIR material, as defined in Sec. 171.8 of
this subchapter in effect on October 1, 2010, provided the package is
marked in accordance with Sec. 172.316.
Section 172.312
Section 172.312 prescribes the required orientation markings for
non-bulk packages containing liquids. PHMSA is amending paragraph
(c)(5) to clarify that the exception applies only to a hermetically
sealed inner packaging or receptacle not exceeding 500 mL each.
Section 172.315
Section 172.315 specifies the markings required on a package
containing limited quantities of hazardous materials. These new
markings are consistent with the UN Model Regulations, ICAO TI and IMDG
Code and are required on packages of limited quantities offered for
transportation by highway, rail, air and vessel. Additionally, PHMSA
received positive comments submitted in response to the ANPRM
concerning the new marking because the requirement specifies minimum
dimensions on each side (100 mm) that substantially increases the
visibility of the marking when compared with the current ORM-D marking
prescribed in Sec. 172.316 of the HMR. Commenters stated that
increased visibility of the mark will enhance safety while reducing
regulatory burden.
For limited quantities intended for transportation by vessel, this
new marking with minimum dimensions of 250 mm on each side is required
on cargo transport units containing limited quantities and no other
hazardous materials. For limited quantities intended for transportation
by aircraft, the marking requirements are consistent with the 2011-2012
ICAO TI (i.e., ``Y'' mark on a white square on point) in addition to
any required labels.
Section 172.316
Section 172.316 prescribes marking requirements for packages
containing materials classed as ORM-D and ORM-D-AIR. The marking
prescribed in this section will no longer be authorized for limited
quantities effective January 1, 2014.
Section 172.322
Section 172.322 prescribes marking requirements for packages
containing marine pollutants. PHMSA is adding an

[[Page 3332]]

exception from the marking requirement in new paragraph (d)(4) for
packages of limited quantities marked in accordance with Sec. 172.315.
Section 172.324
Section 172.324 prescribes marking requirements for packages
containing hazardous substances in non-bulk packagings. PHMSA is
revising paragraph (b) for packages containing hazardous substances
marked in accordance with the limited quantity marking prescribed in
Sec. 172.315.
Section 172.326
Section 172.326 prescribes the marking requirements for portable
tanks. In this final rule, we are revising paragraph (a) to align with
the IMDG Code the minimum height for a proper shipping name marked on a
portable tank to 65 mm when offered for transportation and transported
by vessel. This amendment is in response to a revision made in
Amendment 35-10 of the IMDG Code.
One commenter (Arkema) requests that we allow a one year transition
period from the publication of the final rule to allow for depletion of
label inventory and/or restenciling of portable tanks. We agree that
there should be a transition period and note that, in this final rule,
we are implementing a delayed compliance date of January 1, 2012, which
is one year from the effective date of the rule, unless otherwise
specified in provisions adopted or revised in this final rule.
Section 172.327
New section 172.327 specifies the marking required for a bulk
packaging containing petroleum crude oil to warn of the potential toxic
inhalation hazard from vapors evolved from hydrogen sulfide present in
the crude oil. PHMSA proposed to require placement of the marking used
for toxic materials under the Globally Harmonized System of
Classification and Labeling of Chemicals (GHS) in the immediate
vicinity of any location on a bulk packaging that could pose a health
risk to transportation workers if exposed to hydrogen sulfide vapors
emitted from that location, such as loading heads and manholes. This
proposed hazard communication marking requirement is applicable to bulk
packagings in domestic transportation only. The new hazardous materials
description for ``Petroleum sour crude oil, flammable, toxic, UN3494''
added to the HMT must be used for international transportation of
petroleum crude oil with hydrogen sulfide in sufficient concentration
that vapors evolved from the crude oil present an inhalation hazard
(for both bulk and non-bulk packagings).
One commenter (AAR) expressed concern that this new marking
requirement would place an undue burden on rail carriers with regard to
inspection requirements under Sec. 174.9 of the HMR. The commenter had
concerns regarding the safety of rail carrier employees having to climb
tank cars to determine whether markings are present or correct. AAR
stated:

[We] we would not oppose the proposed marking if it were made
clear that railroads have no obligation to inspect for markings.
Accordingly, [we suggest] amending [Sec. 173.127 to indicate]
carrier personnel are not required to inspect for markings that
would not be visible or legible from the ground.

We agree, although we do not believe a regulatory revision is
warranted. Section 174.9 requires a rail carrier to inspect each rail
car containing a hazardous material, at ground level, for required
markings, labels, and placards, etc. This requirement already limits
the inspection to ground level and predisposes the carrier from having
to climb onto a rail car to inspect for hazard communications. As
indicated in the comments by AAR, the intent of this marking is to
alert hazmat employees who may be exposed to hydrogen sulfide vapors
during a loading or unloading operation to a potential hazard and not
to communicate the hazard for emergency response purposes. Thus,
carriers will not be obligated to inspect for markings placed in the
vicinity of tank car openings on a rail car that are not readily
visible or legible from ground level.
Based on comments received, we are revising our proposed
requirements to authorize an alternative marking to the GHS toxic
material pictogram. See the Sections II.C and III.A.7 discussion of the
classification of petroleum sour crude oil.
Section 172.500
Section 172.500 specifies the applicability of placarding
requirements to certain materials. PHMSA is amending paragraph (b)(3)
to clarify that limited quantities marked in accordance with revised
Sec. 172.315 of the HMR are not subject to placarding requirements.
Section 172.502
Section 172.502 specifies prohibited and permissive placarding
requirements. In this final rule, PHMSA is revising the exceptions
provided in paragraph (b)(2) to include the petroleum sour crude oil
marking and the limited quantity marking in Sec. Sec. 172.315 and
172.327 of the HMR, respectively.

Part 173

Section 173.4
Section 173.4 prescribes the requirements for small quantities of
hazardous materials offered for transportation and transported by
domestic highway or rail. PHMSA is revising paragraph (a) and adding
new paragraph (a)(1)(v) to allow Division 2.2 (non-flammable, non-
poisonous, compressed gas) material without a subsidiary hazard (except
for aerosols) without applying for an approval from the Associate
Administrator as prescribed under paragraph (c) of this section. Other
Class 2 materials, including Division 2.2 aerosols, will still require
approval under Sec. 173.4(c) of the HMR. These amendments are
consistent with the authorization under Sec. 173.4a(b)(1) for Division
2.2 gases without a subsidiary hazard in addition to the new
restriction to exclude aerosols from authorized materials in Sec.
173.4a of the HMR. See Section 173.4a for a discussion of revisions for
excepted quantities of hazardous materials.
Section 173.4a
Section 173.4a prescribes the requirements for excepted quantities
of hazardous materials offered for transportation and transported by
all modes, domestic or international. PHMSA is amending paragraph (a)
by adding a new paragraph (a)(4) regarding pressure differential
capability for packages intended for transportation by aircraft in
accordance with Sec. 173.27(c) of the HMR. PHMSA is also amending
paragraph (b)(1) to clarify that the authorization for Division 2.2
(non-flammable, non-poisonous, compressed gas) excludes aerosols as an
excepted quantity material. Such articles are authorized as a limited
quantity under both domestic and international standards. Additionally,
PHMSA is revising paragraph (b)(5) to add polyester resin kits to the
types of Division 5.2 (organic peroxide) material authorized as an
excepted quantity and is revising paragraph (d)(3) by correcting the
outer packaging aggregate quantity limit for Division 5.2 liquids from
250 mL to 500 mL. Lastly, PHMSA is adding a new paragraph (g)(3) that
requires when packages of excepted quantities (see the Section 173.25
discussion) are contained in an overpack, and the package markings
required by this section are not visible inside the overpack, the
excepted quantities marking must also be placed on the

[[Page 3333]]

overpack. Additionally, an overpack containing packages of excepted
quantities is not required to be marked with the word ``OVERPACK.''
Section 173.4b
Section 173.4b prescribes the requirements for de minimis
quantities of hazardous materials offered for transportation and
transported by all modes, domestic or international. Consistent with
the international standards, PHMSA is adding a new paragraph (b) to
except non-infectious specimens (e.g., museum specimens) preserved with
small amounts of certain Class 3 (flammable liquid) materials for
scientific purposes from the requirements of the HMR. This amendment is
consistent with previous interpretations we have issued on this matter
indicating these specimens do not pose a risk to safety during the
course of transportations.
One commenter (AVMA) expressed support for the adoption of this
exception as essential to the conduct of professional work of
veterinarians. Therefore, in this final rule, we are adopting the
exception from full regulation under the HMR for non-infectious
specimens preserved with small amounts of certain Class 3 (flammable
liquid) material for scientific purposes.
Section 173.25
Section 173.25 prescribes the requirements for certain authorized
packagings and overpacks. Consistent with the international standards,
PHMSA is requiring an overpack containing packages of limited quantity
material marked with the new limited quantities marking required by
this final rule (see the Section 172.315 discussion) to be marked with
the word ``OVERPACK'' if the markings are not visible, in addition to
all other required package markings. This mark is an indication that
the packages contained within the overpack are in accordance with the
HMR. Additionally, for excepted quantities (see the Section 173.4a
discussion) where the required package markings are not visible inside
an overpack, the excepted quantities marking must also be placed on the
overpack. An overpack containing packages of excepted quantities is not
required to be marked with the word ``OVERPACK.''
Section 173.27
Section 173.27 prescribes the general requirements for packaging
offered or intended for air transportation. In this final rule, PHMSA
is amending paragraph (f) by adding a new Table 3 that outlines the
requirements for limited quantities intended for air transportation
consistent with the 2011-2012 ICAO Technical Instructions, where
appropriate. See the limited quantity, consumer commodity and ICAO
Technical Instructions alignment NPRM comment discussion in Section
III.A.5 of this rule.
Section 173.40
Section 173.40 specifies the general packaging requirements for
toxic materials packaged in cylinders. PHMSA is amending paragraph
(c)(1) concerning closure requirements by requiring the valve
connections on UN Specification cylinders to be made by a taper thread
or some other means in accordance with ISO Standard 10692-2:2001.
Section 173.58
Section 173.58 outlines the assignment of class and division for
new explosives. Based on a recommendation from comments provided by
IME, we are revising paragraph (a)(5) to include a reference to the
Type 6(d) test for determination of Division 1.4S classification for
consistency with the adoption of the new test.
Section 173.59
Section 173.59 provides definitions of explosive terms that are
intended for information only. The UN Committee of Experts (COE)
recently defined the term ``phlegmatized'' to meaning the addition of a
substance to an explosive to enhance its safety in handling and
transport. One commenter indicated support for adoption of the proposed
definition of ``phlegmatized,'' therefore, in this final rule PHMSA is
adopting the definition in the HMR as proposed.
Section 173.63
Section 173.63 specifies packaging exceptions for limited
quantities of certain Division 1.4S explosive articles authorized for
reclassification and transport as ORM-D material. Prior to offering for
transportation by aircraft, ``Cartridges, power devices, ORM-D-AIR''
(UN0323), must have been successfully tested in accordance with the new
UN Test Series Type 6(d) test beginning July 1, 2011. See the Section
172.102, Special Provision 347 discussion. This requirement is a
condition for the continuation of a Division 1.4S classification and
for reclassification to ORM-D for limited quantities of such articles
intended for transportation by international highway, rail and vessel
and domestic vessel effective January 1, 2012. Limited quantities of
such articles approved as Division 1.4S prior to January 1, 2012, may
continue to be reclassed as ORM-D and offered for domestic highway and
rail transportation only until January 1, 2014.
Section 173.120
Section 173.120 defines Class 3 (flammable liquid) material. PHMSA
is revising paragraph (c) to add new testing methods for determining
the flash point of a liquid. See Section 171.7 for a listing of
materials incorporated by reference pertaining to Sec. 173.120.
Section 173.121
Section 173.121 prescribes the packing group assignment for
flammable liquids. The HMR do not specify a test method for determining
the boiling point of a liquid which may be necessary for liquids with
very low flash points. PHMSA is revising paragraph (a) to add new
testing methods for determining the boiling point of a liquid. See
Section 171.7 for a listing of materials incorporated by reference
pertaining to Sec. 173.121.
Section 173.124
Section 173.124 defines Class 4 material. For consistency with a
revision adopted in the UN Model Regulations, PHMSA is amending the
definition of ``self-heating'' in Sec. 173.124(b)(2) of the HMR to
read: ``Self-heating of a substance is a process where the gradual
reaction of that substance with oxygen (in air) generates heat. If the
rate of heat production exceeds the rate of heat loss, then the
temperature of the substance will rise which, after an induction time,
may lead to self-ignition and combustion.''
Section 173.137
Section 173.137 establishes test criteria and packing group
assignments for Class 8 (corrosive) material. Since 1993, PHMSA has
authorized under the terms of a special permit (i.e., DOT-SP 10904) an
in vitro test method (available commercially as Corrositex[reg]) as an
alternative form of testing to that specified in the HMR, which is
based on live animal test results, to determine the corrosivity of
certain materials. Materials authorized for analysis using the
alternative test method include acids (and their derivatives), acyl
halides, alkylamines and polyalkylamines, bases, chlorosilanes, metal
halides, and oxyhalides.
The UN COE recently recognized and adopted in vitro test methods in
the UN Model Regulations as an alternative form of testing to that
specified in OECD Guideline for Testing of Chemicals, Number 404,
``Acute Dermal Irritation/

[[Page 3334]]

Corrosion.'' The following alternative in vitro test methods include
OECD Guidelines for the Testing of Chemicals:
No. 430, ``In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)'' (2004);
No. 431, ``In Vitro Skin Corrosion: Human Skin Model
Test'' (2004); and
No. 435, ``In Vitro Membrane Barrier Test Method for Skin
Corrosion'' (2006).
A positive test result under in vitro methods 430 and 431 may be
used to determine corrosivity for transportation purposes but cannot be
used to determine the PG assignment. A negative result for corrosivity
under in vitro methods 430 and 431 can preclude further testing to
determine PG assignment using method 404, the current OECD Guideline
involving in vivo testing, or method 435, the newly adopted OECD
Guideline involving in vitro testing.
Based on the adoption of three new OECD guidelines for the in vitro
testing of materials for corrosivity in the UN Model Regulations and
through encouragement from PETA to adopt these new test methods in a
petition for rulemaking (P-1550), we proposed to adopt such guidelines
as matter incorporated by reference (IBR) in Sec. Sec. 171.7 and
173.137 of the HMR.
In response to our proposal to incorporate several in vitro test
methods for determination of corrosivity, PHMSA has received over 900
comments supporting the proposal, including a comment from PETA. We
received no opposition. Therefore, we are adopting the OECD Guideline
Test Nos. 430, 431, and 435, and revising Test No. 404 as proposed.
Further, PETA urged PHMSA to facilitate access to DOT-SP 10904 through
our Web site until such a time that this final rule becomes effective,
and requested that PHMSA remove letters of interpretation that they
believe recommend the use of in vivo testing even though alternative in
vitro testing is available.
With regard to PETA's additional requests, they are beyond the
scope of this rulemaking. However, we note that in prior correspondence
with PETA, PHMSA has indicated that information about DOT-SP 10904 can
be obtained by entering ``Corrositex'' in the search feature of the
PHMSA Office of Hazmat Safety Web site. Also, the special permit may be
accessed by entering ``10904'' in the search feature on our special
permits Web site or by conducting a group number search.
We agree with PETA that non-live animal testing should be used
where available and encourage shippers to use the in vitro test methods
to determine the classification of a material as corrosive and
assignment of a packing group. We also remind shippers that historical
data may also be used to classify a material in accordance with Sec.
173.136(c). Thus, in this final rule we are revising Sec. 173.136(a)
to codify the authorization to use in vitro test methods and to
highlight the availability of classifying a material based on
historical data.
Sections 173.150, 173.151, 173.152, 173.153, 173.154 and 173.155
Sections 173.150 through 173.155 prescribe the exceptions for
certain Class 3, 8 and 9 and Division 4.1, 4.2, 4.3, 5.1, 5.2, 6.1
hazardous materials under the HMR. In this final rule, PHMSA is
revising each of these sections to recognize the UN Model Regulations
and IMDG Code package quantity limits for the highway, rail, and vessel
transportation of limited quantities. No limited quantity limits
decrease and two increase slightly to maintain alignment with the
international standards for transport by other than aircraft.
Additionally, the packaging provisions for ``Polyester resin kits'' are
removed from Sec. 173.152, as proposed, and placed in new Sec.
173.165 for clarity.
When PHMSA lowered the quantity limits for Division 6.1 (poisonous)
materials of PG II (primary or subsidiary) authorized as a limited
quantity in a final rule published under Docket HM-215G (70 FR 34065,
June 13, 2005), it did not authorize the labeling exception for such
packages when intended for transportation by highway, rail and vessel,
nor did it authorize renaming and reclassification as ``Consumer
commodity, ORM-D'' for such materials. In this final rule, except for
transportation by aircraft, we are authorizing the labeling exception
for packages of limited quantity material with a Division 6.1, PG II
primary or subsidiary hazard and, until December 31, 2013, we are
authorizing renaming and reclassification as ``Consumer commodity, ORM-
D''. Additionally, until December 31, 2012, a consumer commodity as
defined in Sec. 171.8 in effect on October 1, 2010 may continue to be
packaged, reclassed and marked ``ORM-D-AIR'' either in accordance with
the new Table 3 of Sec. 173.27(f) or Sec. Sec. 173.150 through
173.155 and 173.306, as applicable. PHMSA fully believes this eventual
alignment with international standards will improve clarity, promote
regulatory compliance, reduce employee training costs and enhance
safety overall.
Section 173.161
Section 173.161 prescribes packaging requirements for chemical kits
and first aid kits containing small amounts of hazardous materials. In
this final rule, PHMSA is editorially revising the section. In
addition, PHMSA is authorizing transport of dry ice in accordance with
Sec. 173.217 in packaging authorized under this section when used as a
refrigerant for the contents of a kit.
Section 173.165
A new section 173.165 is added to prescribe packaging and other
requirements for ``Polyester resin kits, UN3269'' formerly contained in
Sec. 172.102, special provision 40 and Sec. 173.152(b)(4) of the HMR.
This amendment is intended to provide clarification of existing
requirements while also harmonizing the HMR with international
standards.
Section 173.167
A new section 173.167 is added to indicate authorized materials and
quantity limits for articles and substances that may be described as
``ID8000, Consumer commodity,'' when intended for transportation by all
modes of transport provided all or some of the transportation is by
aircraft. Such articles and substances eligible for classification or
reclassification to Class 9 are Class 2 materials (non-toxic aerosols
only), Class 3 materials (Packing Group II and III only), Division 6.1
(Packing Group III only), UN/NA3077, UN/NA3082, and UN3175, provided
such materials do not have a subsidiary risk and are authorized aboard
a passenger-carrying aircraft. Inner and outer packaging quantity
limits are based on Packing Instruction Y963 of the 2011-2012 ICAO TI.
Specification outer packagings are not required under the conditions
prescribed in this section. Additionally, the pressure differential
capability of the inner packagings of a combination packaging intended
to contain liquids is reduced from 95 kPa to 75 kPa for materials
offered for transportation and transported by aircraft under the
provisions of this section.
Section 173.220
Section 173.220 provides exceptions from regulation under the HMR
for the transport of internal combustion engines, self-propelled
vehicles, mechanical equipment containing internal combustion engines,
and battery-powered vehicles or equipment. This section is revised to
include engines, vehicles, and equipment powered by fuel cells
consistent with

[[Page 3335]]

similar provisions under international standards.
Section 173.225
Section 173.225 specifies packaging requirements and other
provisions for organic peroxides. When the Sec. 172.101 HMT specifies
this section, the organic peroxide must be packaged and offered for
transportation in accordance with the provisions of this section. Each
packaging must also conform to the general requirements of Subpart B of
Part 173 and to the applicable requirements of Part 178 of the HMR.
Specifically, organic peroxides that require temperature control are
subject to 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, PHMSA is amending the Organic Peroxide Table in Sec.
173.225(c)(8) by adding a new entry and revising current entries. We
are revising an entry to the Organic Peroxide IBC Table in paragraph
(e) of this section.
The following entries in the Organic Peroxide Table are being
revised:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3106.............................................. Di-(2-tert-butylperoxyisopropyl) benzene(s).
Exempt.............................................. Di-(2-tert-butylperoxyisopropyl) benzene(s).
UN3105.............................................. 2,5-Dimethyl-2, 5-di-(tert-butyl peroxy) hexane.
----------------------------------------------------------------------------------------------------------------

The following entry is added to the Organic Peroxide Table:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3103.............................................. 2,5-Dimethyl-2, 5-di-(tert-butyl peroxy) hexane.
----------------------------------------------------------------------------------------------------------------

One commenter (Arkema) requested that PHMSA provide a packing
method exception for domestic transportation of greater than 90%
concentrations of this material based on a history of safe
transportation. The proposed revision to this entry changed the packing
method for this material in concentrations of 90-100% from OP7 to OP5,
reducing the maximum quantity per package from 60 L to 30 L per
package. Arkema stated:

[We ship] a 97% solution in 100 pound drums. Since August 2005
we have shipped [approximately] 1,800,000 pounds. We have had only
one incident in the 5 year time period. This incident was the result
of a pallet nail puncture. We suggest that a note be added to column
(8) for domestic shipments [that] OP7 is authorized.

We disagree. The UN Committee of Experts adopted the
reclassification of 90-100% concentrations of 2, 5-Dimethyl-2, 5-di-
(tert-butylperoxy) hexane, which entails the more conservative packing
method OP5, based on a proposal submitted by the German competent
authority. Available industry test data from results on this material
at concentrations greater than 90% using the E1 Koenen test in the UN
Manual of Tests and Criteria varies from 1.5-2.0 mm. Based on
differences in industry test results, the German competent authority
conducted a number of E1 Koenen tests on various concentrations of 2,
5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane exceeding 90%. Their
conclusion was that the limiting diameter is 2.0 mm at concentrations
above 90%, and therefore, they proposed a reclassification from an
``Organic Peroxide, Type D, liquid, UN3105'' to an ``Organic Peroxide,
Type C, liquid, UN3103'' for 90-100% concentrations of 2, 5-Dimethyl-2,
5-di-(tert-butylperoxy) hexane to the UNSCOE (see UN working document
ST/SG/AC.10/C.3/2008/66 available on the UNSCOE Web site).
We applaud Arkema's safe record of transportation using packing
method OP7 for a greater than 90% concentration of material. However,
based on data provided by the German competent authority indicating a
more conservative classification, in this final rule, we are keeping
this entry as proposed. We invite Arkema to submit test results for
their 97% solution of 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane
should the results indicate a classification that differs from the
entry adopted in this final rule.
The following entry in the Organic Peroxide IBC Table is being
revised to authorize a 31H2 freestanding, rigid plastic IBC:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3109.............................................. Peroxyacetic acid, stabilized, not more than 17%.
----------------------------------------------------------------------------------------------------------------

Section 173.230
Section 173.230 prescribes the requirements for fuel cells offered
for transportation by all modes. In paragraph (g), PHMSA proposed to
allow only those fuel cells containing flammable liquids and corrosive
materials to be transported as a limited quantity by aircraft. In
paragraph (h), PHMSA also proposed prohibiting the reclassification to
``Consumer commodity, ORM-D-AIR'' for transportation by aircraft.
Several commenters (BIC, COSTHA, DGAC, IATA, LSI, Signa, Trulite,
USFCC) expressed strong disapproval to not extending the limited
quantity provisions to fuel cell cartridges containing either Division
2.1 (flammable) gas or water-reactive solids. They noted that the only
difference between authorizing and not authorizing these materials as
limited quantities is the required use of UN specification packaging
and that PHMSA offers no safety rationale for this exclusion as the
fuel cell cartridges themselves are subject to much more stringent
construction, testing, and packaging requirements than for similar
articles (e.g., aerosols).
We agree. In this final rule, based on comments received, we are
authorizing the transportation of flammable gas and water-reactive
solid fuel cell cartridges as limited quantities in addition to
authorizing their transport as consumer commodities (except for
transportation

[[Page 3336]]

by aircraft) if all conditions for limited quantity provisions are met.
Section 173.301b
Section 173.301b prescribes general requirements for shipment of UN
pressure receptacles. PHMSA is revising paragraph (c)(2)(iii) to
indicate that valve protection requirements for metal hydride storage
systems are specified in ISO 16111. Additionally, we are revising
paragraph (e) regarding the integrity of UN pressure receptacles used
for pyrophoric gases or flammable mixtures of gases containing more
than 1% pyrophoric compounds in accordance with the sixteenth revised
edition of the UN Model Regulations.
Section 173.306
Section 173.306 prescribes the requirements for limited quantities
of compressed gases. PHMSA is revising paragraph (h) to clarify that,
except for transportation by aircraft, lighter refills in the ORM-D
hazard class are eligible for the exceptions in paragraph (i) of this
section and in Sec. 173.156. Additionally, PHMSA is revising paragraph
(i) of the section to recognize the new marking for limited quantities
of such materials and to provide a transitional period for the eventual
elimination of the ORM-D hazard class. PHMSA is also editorially
revising paragraph (l) for clarity.
Section 173.307
Section 173.307 establishes exceptions for compressed gases. In
this final rule, PHMSA is adding certain types of light bulbs to the
section provided they are packaged appropriately so that if a bulb
ruptures all pieces are contained within the package.
Section 173.311
PHMSA is adding a new Sec. 173.311 to prescribe the packaging
requirements for ``Metal hydride storage systems, UN3468'' used for the
transport of hydrogen as proposed. A metal hydride storage system is a
single complete hydrogen storage system that includes a receptacle,
metal hydride, a pressure relief device, a shut-off valve, service
equipment and internal components.
The HMR do not prescribe specific packaging or shipping methods for
metal hydride storage systems containing hydrogen. However, PHMSA has
issued a number of special permits to allow the use of these systems
for transport. The UN Model Regulations, in new Packing Instruction
P205, prescribe standards for the construction, qualification, marking
and requalification of such systems and are the basis for the new HMR
requirements. Some amendments in new Sec. 173.311 include:
Application to transportable metal hydride storage systems
with pressure receptacles not exceeding 150 liters in water capacity
and having a maximum developed pressure not exceeding 25 MPa.
Requirement that transportable metal hydride storage
systems be designed, constructed, initially inspected and tested in
accordance with ISO standard 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride,'' as authorized
under Sec. 178.71(f) (formerly reserved).
Requirement that steel pressure receptacles or composite
pressure receptacles with steel liners be marked in accordance with
Sec. 173.301b(f) of the HMR, which specifies that a steel UN pressure
receptacle bearing an ``H'' mark must be used for hydrogen bearing
gases or other gases that may cause hydrogen embrittlement.
Requirement of a requalification interval of no more than
five years as specified in Sec. 180.207 of the HMR in accordance with
the requalification procedures prescribed in ISO 16111.
Section 173.322
Section 173.322 prescribes various packaging methods for ethyl
chloride. In this final rule, PHMSA is adopting the amended provisions
from packaging instruction P200 of the UN Model Regulations for ethyl
chloride in a new paragraph (e). This new packaging method authorizes
ethyl chloride in capsules not exceeding 150 g of gas each, closed with
a secondary means applied, and placed in a strong outer packaging not
to exceed 75 kg gross mass.

Part 175

Section 175.8
Section 175.8 provides exceptions from certain regulations for air
carrier operator equipment and items of replacement. PHMSA is revising
paragraph (b)(3) to clarify that transportation of alcoholic beverages,
perfumes, colognes, and liquefied gas lighters carried aboard a
passenger-carrying aircraft by an operator must be for use or sale of
those items on that specific aircraft.
Two commenters (AA, COSTHA) requested that PHMSA align paragraph
(b)(3) with the ICAO TI to permit onboard use of aerosols. COSTHA
noted:

A number of carriers currently are required to obtain a special
permit to transport aerosols in Division 2.2, specifically for the
dispensing of whipped cream or other food products * * * We believe
if this list was amended by including ``aerosols'' this issue would
be resolved.
We agree. Therefore, in this final rule we are revising paragraph
(b)(3) to authorize use of Division 2.2 aerosols to dispense food
products.
Section 175.9
Section 175.9 prescribes the applicability of the HMR to special
aircraft and rotocraft operations. This section also prescribes the
conditions under which certain operations may be performed in
accordance with 14 CFR and 49 CFR (e.g., avalanche and weather
control). In this final rule, PHMSA is emphasizing that rotocraft
operations are fully subject to both sets of regulations.
One commenter suggested revising paragraph (b)(6) to provide
clarity. IME stated:

This suggested language is consistent with [Sec. ] 177.835(g),
which addressed the identical compatibility issue between explosives
and detonators that are transported on the same conveyance. In
addition, use of the terms ``dynamite'' and ``blasting caps''
without the additional reference to Division 1.1, 1.2, and 1.3
material could lead to the unintentional misinterpretation or
misapplication of the rule.

We agree. Based on the comment provided, we are revising Sec.
173.59(b)(6) to provide clarification.
Section 175.10
Section 175.10 specifies the conditions for which passengers, crew
members or an operator may carry hazardous materials aboard an
aircraft. PHMSA is adding a new paragraph (a)(17) to permit a mobility
aid such as a wheelchair, containing a lithium ion battery, to be
transported in accordance with the exceptions provided in this section.
A wheelchair or other mobility aid that contains a lithium metal
battery is not permitted aboard a passenger-carrying aircraft. As a
result of this amendment, current paragraph (a)(17) is redesignated as
paragraph (a)(18) and current paragraph (a)(18) is redesignated as
paragraph (a)(19).
Three commenters (IATA, PRBA, Scoot) supported our proposal to add
a new paragraph providing an exception for wheelchairs or other
mobility aids containing a lithium ion battery, but requested that for
consistency, we further align with the ICAO TI and accommodate carriage
of these items by disabled passengers by allowing carriage in the
aircraft cabin. For instance, Scoot shared:

Our mobility scooter [is] designed to fold up and be stowed in
the passenger cabin

[[Page 3337]]

* * *. They are often small enough to fit in the overhead bin. [T]he
lithium-ion batteries are removed and hand-carried by the passenger
in the same manner as * * * lithium-ion batteries used for consumer
electronics.

PRBA expressed disappointment that PHMSA did not address
authorizing passenger transport of certain medical devices powered by
lithium metal batteries in this final rulemaking. We recognize the need
for persons with medical disabilities to be able to carry devices
powered by lithium metal batteries aboard a passenger-carrying
aircraft. However, such a provision will be addressed in a separate
rulemaking.
Paragraph (a)(19) is being revised to allow passengers and crew
members to place certain spare fuel cell cartridges in checked baggage.
This exception currently does not apply to Divisions 2.1 or 4.3
materials contained in spare fuel cell cartridges. Although the ICAO TI
only restricts spare fuel cell cartridges containing Division 4.3
liquid materials from checked baggage, PHMSA strongly believes that the
restriction must also include spare cartridges containing Division 2.1
materials. Thus, PHMSA proposed to allow spare fuel cell cartridges
containing flammable and corrosive liquids in checked baggage while
continuing to require spare fuel cell cartridges containing Division
2.1 and 4.3 materials to be carried aboard an aircraft in carry-on
baggage only.
One commenter (ALPA) supported our position while several
commenters (COSTHA, DGAC, IATA, JEMA, PRBA, TAEC, Trulite, USFCC)
voiced strong opposition to our proposal to limit fuel cell cartridges
permitted in checked baggage to those with flammable liquid or
corrosive liquid fuels. As several commenters indicated, PHMSA did not
provide data or analysis supporting the proposal, while tests performed
at the FAA Technical Center on fuel cell cartridges containing
flammable liquid material indicated that in the case of a fire
involving these materials, the fire can be readily extinguished with
current fire suppression systems onboard an aircraft.
Because Division 2.1 flammable gases are generally prohibited in
air transportation on a passenger-carrying aircraft as cargo and due to
the questionable integrity of such articles when packed in a
passenger's checked baggage, PHMSA is adopting the prohibition in
checked baggage of fuel cell cartridges containing Division 2.1
flammable gases and Division 4.3 solid dangerous when wet materials as
proposed.
Section 175.25
PHMSA currently requires operators to provide certain information
to passengers regarding what hazardous materials they may check-in or
carry-on a flight. Effective January 1, 2013, this information is to be
provided at points of ticket sale and at automated or remote passenger
check-in. Consistent with the ICAO TI, these amendments will require a
passenger to acknowledge such limitations before a ticket purchase and
automated or remote check-in can be finalized. PHMSA believes these
amendments only clarify existing regulatory requirements in Sec.
175.25 that have not been updated due to changing technologies used by
air carriers to either sell tickets (Internet) or check-in passengers
(automated kiosks). Additionally, these amendments provide air carriers
greater flexibility in how the information they are required to provide
passengers on hazardous materials is disseminated to them.
Section 175.30
Section 175.30 prescribes inspection procedures for operators.
PHMSA is revising paragraph (e) regarding overpack marking requirements
for packages of limited and excepted quantities offered for
transportation by aircraft.
Section 175.75
Section 175.75 prescribes quantity limitations and cargo location
requirements for hazardous materials transported by aircraft. PHMSA is
revising paragraph (e) to correct an inadvertent cargo compartment
restriction for passenger-authorized materials carried aboard a cargo-
only aircraft published in a final rule under Docket HM-215J (74 FR
2267, January 14, 2009). PHMSA is also revising paragraph (f) Quantity
and Loading Tables for clarity.
Several commenters (ALPA, COSTHA, PRBA, UPS) objected to our
inclusion of limitations on the stowage of lithium batteries in Sec.
175.75 of the HMR and strongly urged that the limitations be removed
from this rulemaking and addressed in a separate lithium battery
rulemaking such as HM-224F. We agree. All reference to lithium
batteries in our revisions to Sec. 175.75 are removed from this
rulemaking.
One commenter (UPS) fully supported our proposed clarification of
the use of the Class C cargo compartment for shipments of material
eligible for passenger aircraft under Sec. 175.75(d); however, UPS did
recommend an additional revision for clarity. Therefore, in this final
rule we are revising paragraph (d) further to incorporate a second note
into the table to clarify that for cargo-only aircraft, packages
required to be loaded in a position considered accessible include those
loaded into a Class C cargo compartment.
Several commenters requested that PHMSA offer the same exception
from the loading restrictions in Sec. 175.75 for limited quantity
packages as are currently authorized for Class 9 and ORM-D-AIR
materials. We agree that such packages should be afforded the same
exceptions from the loading restrictions of Sec. 175.75 as ORM-D-AIR
materials and are revising the section accordingly.
Section 175.78
Section 175.78 prescribes the stowage compatibility of hazardous
materials offered for transportation by aircraft. PHMSA is revising
paragraph (c)(4)(iii) to specify that, except as provided in paragraph
(c)(4)(iv) of Sec. 175.78, Division 1.4B explosive materials may only
be stowed together with Division 1.4S explosive materials. This
revision is in accordance with an amendment made in the 2011-2012 ICAO
Technical Instructions.

Part 176

Section 176.2
Section 176.2 establishes definitions specific to the
transportation of hazardous materials by vessel. PHMSA is revising the
definition for ``Cargo transport unit'' to include a multiple-element
gas container or MEGC.
Section 176.63
Section 176.63 sets forth and describes the basic physical
requirements for authorized stowage locations of hazardous materials on
board vessels. PHMSA is amending paragraph (f)(2) by removing reference
to the specific year of SOLAS, Chapter II-2/Regulation 19 (i.e., 1974,
as amended) for consistency with the manner in which IBR material is
indicated throughout the HMR in outlying sections.
Section 176.76
Section 176.76 prescribes certain requirements for transport
vehicles, freight containers, and portable tanks containing hazardous
materials transported by vessel. In this final rule, we are revising
paragraph (a)(9) to require that when security devices, beacons or
other tracking or monitoring equipment are used, they must be securely
installed and must be of a certified safe type for the hazardous

[[Page 3338]]

materials that will be carried within the freight container or
transport vehicle.
Section 176.84
Section 176.84 outlines additional requirements for stowage and
segregation of hazardous materials transported by cargo and passenger
vessels. In this final rule, PHMSA is removing the redundant stowage
code 143. This provision is currently assigned to UN1259, UN2845,
UN3194, UN3392, and UN3394, and prohibits the carriage of the materials
aboard a vessel transporting Class 1 (explosive) material (except for
explosives of Division 1.4S). See Section 172.101 Hazardous Materials
Table for the amendment that adds stowage code 78 to the above
materials of extreme flammability. Such materials are now required to
be ``separated longitudinally by an intervening complete compartment or
hold from explosives'' based on amendments adopted in the IMDG Code.
Section 176.142
Section 176.142 prescribes the requirements for hazardous materials
of extreme flammability transported on the same vessel as Class 1
(explosive) materials. In this final rule, PHMSA is deleting this
section as the restriction no longer exists. Hazardous materials of
extreme flammability are no longer prohibited from stowage on the same
vessel as explosives. For entries previously affected by this section,
the most restrictive stowage requirements are required.
Section 176.905
Section 176.905 prescribes specific requirements for motor vehicles
or mechanical equipment powered by internal combustion engines that are
offered for transportation and transported by vessel. For consistency
with Amendment 35-10 of the IMDG Code, PHMSA is removing the signage
requirement for such articles in paragraph (a)(5) and the ignition key
removal provisions from paragraph (a)(6). Additionally, we are revising
this section to account for modern designs of vehicles and equipment
that are powered by engines other than internal combustion engines
(e.g., electric engines powered by a fuel cell, hybrid vehicles). We
are revising this section to include language applicable to address
these new designs. We did not propose these changes in the August 24,
2010 NPRM, but we do not believe including language to account for new
designs imposes new restrictions or any greater burdens than currently
in the regulations.

Part 178

Section 178.71
Section 178.71 establishes the specifications for UN pressure
receptacles. In this final rule, PHMSA is adopting the regulatory
relief proposed in Docket HM-218F (75 FR 60017, 75 FR 60017) by
revising the requirements in paragraph (c)(1) to allow the use of a
proof pressure test in addition to the volumetric expansion test. The
ISO 7866 and 9809 standards permit either the proof pressure test or
volumetric expansion test to be used. The volumetric expansion test
measures the cylinder's elastic expansion and assures the cylinder
received a proper heat treatment. However, the ISO standards also
require each cylinder be subjected to a hardness test and a
comprehensive shear wave ultrasonic examination (UE). PHMSA believes
the combination of the proof pressure test, hardness test, and UE
should provide adequate assurance that each cylinder received a proper
heat treatment. This limitation (i.e., volumetric expansion test only)
is also removed from the test pressure marking requirement in the
redesignated paragraph (p)(6).
In this final rule, PHMSA is also amending the cylinder bundle
marking requirements in Sec. 178.71(e) by adding a new paragraph
(e)(8) specifying that pressure vessel markings only apply to the
pressure vessel itself and not to the assembly structure of the bundle.
Additionally, we are adding new paragraphs (f) and (m) that establish
the design and construction requirements for UN metal hydride storage
systems and refillable welded cylinders, respectively. To accomplish
this, we are redesignating paragraphs (m) through (r) as paragraphs (n)
through (s), and revising paragraphs (q) and (s) accordingly to correct
paragraph references. Further, we are adding three ISO standards to the
IBR table in Sec. 171.7 of the HMR for UN refillable welded cylinders
(ISO 4706, 18172-1 and 20703). Lastly, we are requiring that
transportable metal hydride storage systems (see Sec. 173.311) be
designed, constructed, initially inspected and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride,'' as authorized under Sec.
178.71(m).
Section 178.275
Section 178.275 prescribes requirements for UN portable tanks
intended for transportation of liquid and solid hazardous materials.
Section 178.275(h) prohibits the use of fusible elements on portable
tanks with a test pressure which exceeds 2.65 bar (265 kPa). In Sec.
172.102(c)(8), we are adding a new portable tank special provision TP36
authorizing the use of fusible elements in the vapor space of portable
tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65
bar) for certain organometallic substances. In this final rule, we are
authorizing use of fusible elements based on a well-established history
of safe transportation of these substances in portable tanks equipped
with fusible elements capable of properly functioning at pressure of at
least 1,000 kPa (145 psig/10 bar). Past experience of the use of
fusible elements indicates reliability and a proper functioning even in
the event of a release during loading or unloading. Additionally, for
organometallic materials that are shipped in rigid portable tanks with
a minimum test pressure of more than 265 kPa (38.4 psig/2.65 bar), the
tanks are required to be equipped with a depressurizing system that
releases the inside pressure to avoid rupturing the tank as a result of
an inadvertent release or fire. Fusible elements are used by shippers
as a secondary pressure relief device, in addition to a re-closing
pressure relief device. Therefore, we are revising Sec. 178.275(h) to
reference special provision TP36 authorizing the use of fusible
elements in the vapor space of a portable tank used for the transport
of certain organometallic materials.
Section 178.347-1
Section 178.347-1 prescribes the general requirements for DOT
Specification 407 cargo tank motor vehicles. Paragraph (d)(9)
prescribes weld integrity, compliance and acceptance criteria for
bulkheads.
The exception in Sec. 178.347-1(d)(8) currently provides an
unconditional exception from UW-12 for all joints. Section 178.347-
1(d)(9) applies a condition to one particular joint configuration in a
head. In petition P-1333, TTMA requested that we adopt a weld joint
efficiency of 0.85 for head seams in bulkheads on DOT 407 cargo tanks.
Based on review of the TTMA petition and additional information that
was provided, we proposed in the HM-213 NPRM (66 FR 63095, December 4,
2001) that the strength of a weld seam in a bulkhead without
radiographic examination of the weld must be 0.85 of the strength of
the bulkhead. The welded seam must be a full penetration butt weld, no
more than one seam may be used per bulkhead, and the welded seam must
be completed before forming the dish radius and knuckle radius.
TTMA commented on the proposal stating, ``[w]hile we agree with the

[[Page 3339]]

proposal to allow a provisional 85% weld joint efficiency for DOT 407
heads with butt-welded seams, we would like to see the requirements of
UW-12 of the ASME Code specifically exempted for this welded joint.
Even though this section implies an exemption, the exemption is not
specific. We suggest the following wording, ``[t]he strength of a weld
seam in a bulkhead that has not been radiographically examined shall be
0.85 of the strength of the bulkhead and be exempted from the
requirements of UW-12 of the ASME Code under the following condition''.
In the HM-213 final rule, we agreed with TTMA's comment and agreed
to make the change though the change occurred in a corrections document
(68 FR 52363, September 3, 2003). The final rule stated: ``[I]n its
comments to the NPRM, TTMA agrees with the provisional 85% weld joint
efficiency for DOT 407 heads with butt-welded seams. However, TTMA
suggests that we include the requirements of Part UW-12 of the ASME
Code to the list of excepted requirements in Sec. 178.347-1(d)(8). We
agree with TTMA. In this final rule, we are adding Part UW-12 of the
ASME Code to the list of excepted requirements.''
In October 2004, we added an exception from the radiography/joint
efficiency requirements of ASME VIII section UW-12 for DOT 407 cargo
tanks with MAWP of 35 psig and less in Sec. 178.347-1(d)(8) and (9).
The intent was to provide a conditional alternate means of determining
a joint efficiency for certain head welds. Listing UW-12 in Sec.
178.347-1(d)(8) instead of (9), however, results in an unconditional
exception from UW-12 in all welds on these tanks. Therefore, because we
believe the revision is appropriate, we are revising Sec. 178.347-
1(d)(9), as proposed, by adding a new subparagraph (i) and renumbering
the section accordingly.
Section 178.603
Section 178.603 prescribes the drop test requirements for non-bulk
packagings in the HMR. In this final rule, PHMSA is revising paragraph
(f)(4) to amend the criteria for passing the tests. The HMR require
only that there is no leakage of filling substance from the inner
packaging. In this final rule, we are also requiring that inner
receptacles, inner packagings and articles remain completely within the
outer package when drop tested.
Section 178.703
Section 178.703 prescribes the marking requirements for IBCs. PHMSA
is aligning paragraph (a)(1)(viii) with the UN Model Regulations by
requiring the gross mass, in kilograms, to be marked on all IBC types.
The HMR require a net mass to be marked on flexible IBCs which is
inconsistent with international standards. PHMSA inadvertently did not
revise the HMR under a previous harmonization rulemaking when the
international standards were amended to specify that a maximum
permissible gross mass be marked on all IBC types.
Section 178.955
Section 178.955 establishes definitions used with regard to subpart
Q of part 178, which prescribes the design and testing criteria for
Large Packagings. PHMSA is adding the following two new definitions,
``Remanufactured Large Packaging'' and ``Reused Large Packaging,'' in
new paragraphs (c)(6) and (c)(7), respectively. A ``remanufactured''
large packaging is defined as a metal or rigid plastic large packaging
that is produced as a UN type from a non-UN type or is converted from
one UN design type to another UN design type. Remanufactured large
packagings are subject to the same HMR requirements that apply to a new
large packaging. A ``reused'' large packaging is defined as a large
packaging to be refilled that has been examined and found free of
defects affecting the ability to withstand the performance tests. The
term includes those that are refilled with the same or similar
compatible contents and are transported within distribution chains
controlled by the consignor of the product.

Part 180

Section 180.207
Section 180.207 prescribes the requirements for the requalification
of UN pressure receptacles. In this final rule, PHMSA is requiring that
metal hydride storage systems be requalified every five years in
accordance with ISO 16111:2008 and that the records of that
requalification be retained in accordance with Sec. 180.215 of the
HMR.
Section 180.350
Section 180.350 prescribes applicability and defines certain terms
regarding the qualification and maintenance of IBCs. PHMSA is revising
paragraph (b) to indicate that the replacement of the inner receptacle
of a composite IBC with one from the original manufacturer is
considered a repair. This revision is consistent with the recent change
in the definition of ``repair'' in the UN Model Regulations.

V. 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 Model Regulations, the IMDG Code
and the ICAO TI.
Harmonization serves to facilitate international commerce. At the
same time, harmonization promotes the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated public.
Thus, as explained in the corresponding sections above, we are not
harmonizing with certain specific provisions of the UN Model
Regulations, the IMDG Code, and the ICAO TI. Moreover, we are
maintaining a number of current exceptions for domestic transportation
that should minimize the compliance burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This rule 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,

[[Page 3340]]

PHMSA incorporates changes into the HMR based on the sixteenth revised
edition of the UN Model Regulations and the 2011-2012 ICAO Technical
Instructions, which become effective January 1, 2011, and Amendment 35-
10 to the IMDG Code which becomes effective January 1, 2012. 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, 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 authorize 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 will result from these changes. However, the
costs are 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, 2011. If the changes in this final rule are not
adopted into 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 rulemaking are intended to avoid
this result. Federal hazardous materials transportation law provides at
49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
of Federal preemption is 90 days from publication of the final rule in
this matter.

D. Executive Order 13175

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

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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. 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
manufacturers, users and suppliers, packaging manufacturers,
distributors 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 effected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

PHMSA currently has approved information collections under Office
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information,'' with an
expiration date of May 31, 2011, and OMB Control Number 2137-0557,

[[Page 3341]]

``Approvals for Hazardous Materials,'' with an expiration date of June
30, 2011. This final rule may result in a decrease in the annual burden
and costs of OMB Control Number 2137-0034 due to amendments to the
exceptions for shipping paper requirements for limited quantities of
Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1,
Division 5.2, Division 6.1, Class 8, and Class 9 materials for those
limited quantities that are defined as consumer commodities. This final
rule may result in an increase in the annual burden and costs of OMB
Control Number 2137-0557 due to amendments to the classification
criteria for eight Division 1.4 explosive articles to add the Type 6(d)
test as prescribed in the fifth revised edition of the UN Manual of
Tests and Criteria.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
This final rule identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule, and estimates the information collection
and recordkeeping burden as proposed in this rule to be as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
OMB Control No. 2137-0034
------------------------------------------------------------------------
Annual Decrease in Number of Respondents.............. 75,000,000
Annual Decrease in Annual Number of Responses......... 75,000,000
Annual Decrease in Annual Burden Hours................ 1,875,000
Annual Decrease in Annual Burden Costs................ $1,875,000.00
------------------------------------------------------------------------
OMB Control No. 2137-0557
------------------------------------------------------------------------
Annual Increase in Number of Respondents.............. 465
Annual Increase in Annual Number of Responses......... 465
Annual Increase in Annual Burden Hours................ 2,325
Annual Increase in Annual Burden Costs................ $58,125
------------------------------------------------------------------------

PHMSA will submit the revised information collection and
recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, 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 proposed to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods. The
amendments are intended to enhance the safety of international
hazardous materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet the definition of a marine
pollutant in all modes of transportation. The intended effect is to
increase the level of safety associated with the transportation of
substances hazardous to the marine environment by way of improved
communication of their presence in transportation and establishing
appropriate requirements for their packaging. The HMR uses a list-based
system designed to help shippers determine if a material meets the
definition of a marine pollutant. Recently, the IMO adopted a criteria
based system for identification of materials hazardous to the marine
environment based on the Globally Harmonized System of Classification
and Labeling of Chemicals (GHS).
2. Alternatives
In developing this proposed rule, we considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards in their entirety.
(3) Adopt most of the international standards, with certain
modifications based on safety or economic considerations.
Alternative 1: Because our goal is to facilitate uniformity,
compliance, commerce and safety in the transportation of hazardous
materials, we rejected this alternative.
Alternative 2: By adopting the international standards in their
entirety,

[[Page 3342]]

PHMSA could potentially adopt provisions that, in our view, do not
provide an adequate safety level. Further, because we provide for
domestic exceptions and extended compliance periods to minimize the
potential economic impact of any revisions on the regulated community,
this alternative was also rejected.
Alternative 3: Consistency between U.S. and international
regulations helps to assure the safety of international hazardous
materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident. Under Alternative 3, we would harmonize
the HMR with international standards to the extent consistent with U.S.
safety and economic goals.
Alternative 3 is the only alternative that addresses, in all
respects, the purpose of this regulatory action, which 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 (e.g., 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 HMR 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 its impact on transportation
safety and the environment. Based on the lack of public comment on the
issue, it is our conclusion that the amendments adopted in this final
rule will have no adverse affect on the environment.
4. Consultations and Public Comment
On June 20, 2007, November 27, 2007, June 18, 2008, and November
19, 2008, PHMSA hosted public meetings with public and private
stakeholders to discuss draft U.S. positions on the United Nation's
Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE)
proposals for the sixteenth revised edition of the UN Recommendations
on the Transport of Dangerous Goods Model Regulations. In addition,
PHMSA and the U.S. Coast Guard hosted a public meeting on September 17,
2008, and hosted a second meeting on September 10, 2009, to discuss
amendments to the IMDG Code. A public meeting was held on September 29,
2009 to discuss amendments to the ICAO Technical Instructions. 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 to protect the safety of the American public,
and we have assessed the effects of the proposed rule to ensure that it
does not exclude imports that meet this objective. Accordingly, this
rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 178

Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and

[[Page 3343]]

containers, Reporting and recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

0
In consideration of the foregoing, PHMSA amends 49 CFR Chapter I 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;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

0
2. In Sec. 171.7, the paragraph (a)(3) table is amended as follows:
0
a. Under the entry ``American Society for Testing and Materials
(ASTM),'' the entries ``ASTM D56-05'', ``ASTM D86-07a'', ``ASTM D93-
08'', ``ASTM D1078-05'', ``ASTM D3278-96(2004)e1'', and ``ASTM D3828-
07a'' are added in alphanumerical order;
0
b. Under the entry ``International Civil Aviation Organization
(ICAO)'', the entry ``Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions)'' is revised;
0
c. Under the entry ``International Maritime Organization (IMO)'', the
entries ``International Maritime Dangerous Goods Code (IMDG Code)'' and
``International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS)'' are revised;
0
d. Under the entry ``International Organization for Standardization
(ISO)'', the entries ``ISO 2592--1973(E)''; ``ISO 10297:1999'' and
``ISO 10461:2005'' are revised; and the entries ``ISO 1516:2002'';
``ISO 1523:2002''; ``ISO 2719:2002''; ``ISO 3405:2000''; ``ISO
3679:2004''; ``ISO 3680:2004''; ``ISO 3924:1999''; ``ISO 4626:1980'';
``ISO 4706:2008''; ``ISO 10692-2:2001''; ``ISO 13736:2008''; ``ISO
16111:2008''; ``ISO 18172-1:2007'' and ``ISO 20703:2006'' are added in
alphanumerical order;
0
e. Under the entry ``Organization for Economic Cooperation and
Development (OECD)'', the entry ``OECD Guideline for the Testing of
Chemicals, Number 404, ``Acute Dermal Irritation/Corrosion (1992)'' is
revised and the entries ``OECD (2004), Test No. 430: In Vitro Skin
Corrosion: Transcutaneous Electrical Resistance Test (TER), OECD
Guidelines for the Testing of Chemicals, Section 4: Health Effects,
OECD Publishing'', ``OECD (2004), Test No. 431: In Vitro Skin
Corrosion: Human Skin Model Test, OECD Guidelines for the Testing of
Chemicals, Section 4: Health Effects, OECD Publishing'' and ``OECD
(2006), Test No. 435: In Vitro Membrane Barrier Test Method for Skin
Corrosion, OECD Guidelines for the Testing of Chemicals, Section 4:
Health Effects, OECD Publishing'' are added in appropriate numerical
order;
0
f. Under the entry for ``Transport Canada,'' the entry ``Transportation
of Dangerous Goods Regulations (Transport Canada TDG Regulations)'' is
revised; and
0
g. Under the entry ``United Nations'', the entries ``UN Recommendations
on the Transport of Dangerous Goods, Model Regulations'' and ``UN
Recommendations on the Transport of Dangerous Goods, Manual of Tests
and Criteria'' are revised.
The additions and revisions read as follows:

Sec. 171.7 Reference material.

(a) * * *
(3) * * *

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

* * * * * * *
American Society for Testing and
Materials (ASTM)

* * * * * * *
ASTM D56-05, Standard Test Method for 173.120
Flash Point by Tag Closed Cup Tester,
approved May 1, 2005.
ASTM D86-07a, Standard Test Method for 173.121
Distillation of Petroleum Products at
Atmospheric Pressure, approved April 1,
2007.
ASTM D93-08, Standard Test Methods for 173.120
Flash Point by Pensky-Martens Closed Cup
Tester, approved October 15, 2008.
ASTM D1078-05, Standard Test Method for 173.121
Distillation Range of Volatile Organic
Liquids, approved May 15, 2005.

* * * * * * *
ASTM D3278-96 (Reapproved 2004) E \1\, 173.120
Standard Test Methods for Flash Point of
Liquids by Small Scale Closed-Cup
Apparatus, approved November 1, 2004.
ASTM D3828-07a, Standard Test Methods for 173.120
Flash Point by Small Scale Closed Cup
Tester, approved July 15, 2007.

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

* * * * * * *
Technical Instructions for the Safe 171.8; 171.22; 171.23;
Transport of Dangerous Goods by Air 171.24; 172.101; 172.202;
(ICAO Technical Instructions), 2011-2012 172.401; 172.512; 172.519;
Edition. 172.602; 172.704; 173.1;
173.56; 173.320; 175.33;
178.3.

* * * * * * *
International Maritime Organization
(IMO),

* * * * * * *
International Convention for the Safety 176.63, 176.84
of Life at Sea, 1974, as amended
(SOLAS), Chapter II-2, Construction--
Fire protection, fire detection and fire
extinction, Regulation 19, Carriage of
dangerous goods, Consolidated Edition
2009.

[[Page 3344]]

International Maritime Dangerous Goods 171.22; 171.23; 171.25;
Code (IMDG Code), 2010 Edition, 172.101 172.202; 172.203
Incorporating Amendment 35-10 (English 172.401; 172.502; 172.519;
Edition), Volumes 1 and 2. 172.602; 172.704; 173.1;
173.21; 173.56; 173.320;
176.2; 176.5; 176.11;
176.27; 176.30; 176.83;
176.84; 176.140; 176.720;
178.3; 178.274.
International Organization for
Standardization

* * * * * * *
ISO 1516:2002(E), Determination of flash/ 173.120.
no flash--Closed cup equilibrium method,
Third Edition, 2002-03-01.
ISO 1523:2002(E), Determination of flash 173.120.
point--Closed cup equilibrium method,
Third Edition, 2002-03-01.

* * * * * * *
ISO 2592:2000(E), Determination of flash 173.120.
and fire points--Cleveland open cup
method, Second Edition, 2000-09-15.
ISO 2719:2002(E), Determination of flash 173.120.
point--Pensky-Martens closed cup method,
Third Edition, 2002-11-15.

* * * * * * *
ISO 3405:2000(E), Petroleum products-- 173.121.
Determination of distillation
characteristics at atmospheric pressure,
Third Edition, 2000-03-01.

* * * * * * *
ISO 3679:2004(E), Determination of flash 173.120.
point--Rapid equilibrium closed cup
method, Third Edition, 2004-04-01.
ISO 3680:2004(E), Determination of flash/ 173.120.
no flash--Rapid equilibrium closed cup
method, Fourth Edition, 2004-04-01.

* * * * * * *
ISO 3924:1999(E), Petroleum products-- 173.121.
Determination of boiling range
distribution--Gas chromatography method,
Second Edition, 1999-08-01.

* * * * * * *
ISO 4626:1980(E), Volatile organic 173.121.
liquids--Determination of boiling range
of organic solvents used as raw
materials, First Edition, 1980-03-01.
ISO 4706:2008(E), Gas cylinders-- 178.71.
Refillable welded steel cylinders--Test
pressure 60 bar and below, First
Edition, 2008-04-15, Corrected Version,
2008-07-01.

* * * * * * *
ISO 10297:2006(E), Transportable gas 173.301b; 178.71.
cylinders--Cylinder valves--
Specification and type testing, Second
Edition, 2006-01-15.
ISO 10461:2005(E), Gas cylinders-- 180.207.
Seamless aluminum-alloy gas cylinders--
Periodic inspection and testing, Second
Edition, 2005-02-15 and Amendment 1,
2006-07-15.

* * * * * * *
ISO 10692-2:2001(E), Gas cylinders--Gas 173.40.
cylinder valve connections for use in
the micro-electronics industry--Part 2:
Specification and type testing for valve
to cylinder connections, First Edition,
2001-08-01.

* * * * * * *
ISO 13736:2008(E), Determination of flash 173.120.
point--Abel closed-cup method, Second
Edition, 2008-09-15.
ISO 16111:2008(E), Transportable gas 173.301b; 173.311; 178.71.
storage devices--Hydrogen absorbed in
reversible metal hydride, First Edition,
2008-11-15.
ISO 18172-1:2007(E), Gas cylinders-- 178.71.
Refillable welded stainless steel
cylinders--Part 1: Test pressure 6 MPa
and below, First Edition, 2007-03-01.
ISO 20703:2006(E), Gas cylinders-- 178.71.
Refillable welded aluminum-alloy
cylinders--Design, construction and
testing, First Edition, 2006-05-01.

* * * * * * *
Organization for Economic Cooperation and
Development (OECD)

* * * * * * *
OECD (2002), Test No. 404: Acute Dermal 173.137.
Irritation/Corrosion, OECD Guidelines
for the Testing of Chemicals, Section 4:
Health Effects, OECD Publishing, adopted
April 24, 2002.
OECD (2004), Test No. 430: In Vitro Skin 173.137.
Corrosion: Transcutaneous Electrical
Resistance Test (TER), OECD Guidelines
for the Testing of Chemicals, Section 4:
Health Effects, OECD Publishing, adopted
April 13, 2004.
OECD (2004), Test No. 431: In Vitro Skin 173.137.
Corrosion: Human Skin Model Test, OECD
Guidelines for the Testing of Chemicals,
Section 4: Health Effects, OECD
Publishing, adopted April 13, 2004.
OECD (2006), Test No. 435: In Vitro 173.137.
Membrane Barrier Test Method for Skin
Corrosion, OECD Guidelines for the
Testing of Chemicals, Section 4: Health
Effects, OECD Publishing, adopted July
19, 2006.

[[Page 3345]]

* * * * * * *
Transport Canada

* * * * * * *
Transportation of Dangerous Goods 171.12; 171.22; 171.23;
Regulations (Transport Canada TDG 172.401; 172.502; 172.519;
Regulations), August 2001 including 172.602; 173.31; 173.32;
Clear Language Amendments SOR 2001-286; 173.33.
SOR/2002-306 August 8, 2002; SOR/2003-
273 July 24, 2003; SOR/2003-400 December
3, 2003; SOR/2005-216 July 13, 2005; SOR/
2005-279 September 21, 2005; SOR/2008-34
February 7, 2008 and SOR/2007-179 July
31, 2007.

* * * * * * *
United Nations

* * * * * * *
UN Recommendations on the Transport of 171.8; 171.12; 172.202;
Dangerous Goods, Model Regulations, 172.401; 172.407; 172.502;
sixteenth revised edition, Volumes I and 173.1; 173.3; 173.22;
II (2009). 173.24; 173.24b; 173.40;
173.56; 173.192; 173.302b;
173.304b; 178.75; 178.274;
178.500; 178.700; 178.900.
UN Recommendations on the Transport of 172.102; 173.21; 173.56;
Dangerous Goods, Manual of Tests and 173.57; 173.58; 173.60;
Criteria, fifth revised edition (2009). 173.115; 173.124; 173.125;
173.127; 173.128; 173.137;
173.185; 173.220; Part 173,
appendix H; 178.274.

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

0
3. In Sec. 171.8, the definitions for ``Metal hydride storage system''
and ``Open cryogenic receptacle'' are added and the definitions for
``Oxidizing gas'' and ``UN Recommendations'' are revised to read as
follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *
Metal hydride storage system means a single complete hydrogen
storage system that includes a receptacle, metal hydride, pressure
relief device, shut-off valve, service equipment and internal
components used for the transportation of hydrogen only.
* * * * *
Open cryogenic receptacle means a transportable thermally insulated
receptacle for refrigerated liquefied gases maintained at atmospheric
pressure by continuous venting of the refrigerated gas.
* * * * *
Oxidizing gas means a gas that may, generally by providing oxygen,
cause or contribute to the combustion of other material more than air
does. Specifically, this means a pure gas or gas mixture with an
oxidizing power greater than 23.5% as determined by a method specified
in ISO 10156: or 10156-2: (IBR, see Sec. 171.7 of this subchapter)
(see also Sec. 173.115(k)).
* * * * *
U.N. Recommendations means the U.N. Recommendations on the
Transport of Dangerous Goods, Model Regulations (IBR, see Sec. 171.7
of this subchapter).
* * * * *

Sec. 171.23 [Amended]

0
4. In Sec. 171.23, paragraph (b)(9) is removed and reserved.

0
5. In Sec. 171.25, the first sentence in paragraph (b)(1) is revised,
paragraph (b)(4) is added, and paragraphs (c)(5) and (d)(3) are
removed.
The revision and addition read as follows:

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

* * * * *
(b) * * *
(1) Unless specified otherwise in this subchapter, a shipment must
conform to the requirements in part 176 of this subchapter. * * *
* * * * *
(4) Material consigned under UN3166 and UN3171 (e.g., Engines,
internal combustion, etc., Vehicles, etc. and Battery-powered
equipment) may be prepared in accordance with the IMDG Code or this
subchapter.
* * * * *

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

0
6. The authority citation for part 172 continues to read as follows:

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

0
7. In Sec. 172.101, the following amendments are made:
0
a. Paragraph (c)(10)(i) is revised;
0
b. Paragraph (e) is amended by adding a sentence at the end of the
paragraph; and
0
c. The Hazardous Materials Table is amended by removing those entries
under [REMOVE], adding entries under [ADD], and revising entries under
[REVISE] as shown below.
The revisions and additions read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 3346]]

(c) * * *
(10) * * *
(i) A mixture or solution not identified specifically by name,
comprised of a single predominant hazardous material identified in the
Table by technical name and one or more hazardous and/or non-hazardous
material, must be described using the proper shipping name of the
hazardous material and the qualifying word ``mixture'' or ``solution'',
as appropriate, unless--
(A) Except as provided in Sec. 172.101(i)(4) the packaging
specified in Column 8 is inappropriate to the physical state of the
material;
(B) The shipping description indicates that the proper shipping
name applies only to the pure or technically pure hazardous material;
(C) The hazard class, packing group, or subsidiary hazard of the
mixture or solution is different from that specified for the entry;
(D) There is a significant change in the measures to be taken in
emergencies;
(E) The material is identified by special provision in Column 7 of
the Sec. 172.101 Table as a material poisonous by inhalation; however,
it no longer meets the definition of poisonous by inhalation or it
falls within a different hazard zone than that specified in the special
provision; or
(F) The material can be appropriately described by a shipping name
that describes its intended application, such as ``Coating solution'',
``Extracts, flavoring'' or ``Compound, cleaning liquid.''
* * * * *
(e) * * * Those preceded by the letters ``ID'' are associated with
proper shipping names recognized by the ICAO Technical Instructions
(IBR, see Sec. 171.7 of this subchapter).
* * * * *

[[Page 3347]]

Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Hazard -------------------------------------------------- Sec. Sec. 173.27 and -------------------------------
Symbols descriptions and class or Identification PG Label codes Special provisions -------------175.75)------------
proper shipping division numbers (Sec. 172.102) Exceptions Non-bulk Bulk Passenger Cargo air- Location Other
names aircraft/rail craft only
(1) (2)............... (3) (4).............. (5)............ (6)............ (7)............... (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]..........

* * * * * * *
D............ sec-Butyl 6.1 NA2742........... I.............. 6.1, 3, 8...... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... A............. 12, 13, 22,
chloroformate. B74, T20, TP4, 25, 40, 48,
TP13, TP38, TP45. 100

* * * * * * *
Detonator, 1.4S UN0500........... II............. 1.4S........... .................. 63(f), 63(g)... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
assemblies, non-
electric, for
blasting.

* * * * * * *
Engines, internal 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... Forbidden..... No limit...... A............. ..............
combustion,
flammable gas
powered.
Engines, internal 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... No limit...... No limit...... A............. ..............
combustion,
flammable liquid
powered.

* * * * * * *
Formaldehyde, 3 UN1198........... III............ 3, 8........... B1, IB3, T4, TP1.. 150............ 203............ 242........... 5 L........... 60 L.......... A............. 40
solutions,
flammable.
Formaldehyde, 8 UN2209........... III............ 8.............. IB3, T4, TP1...... 154............ 203............ 241........... 5 L........... 60 L.......... A............. ..............
solutions, with
not less than 25
percent
formaldehyde.

* * * * * * *
1-Hydroxy benzo 4.1 UN3474........... I.............. 4.1............ 162, N90.......... None........... 211............ None.......... 0.5 kg........ 0.5 kg........ D............. 28, 36
triazole,
anhydrous, wetted
with not less
than 20 percent
water, by mass.

* * * * * * *
D............ Isobutyl 6.1 NA2742........... I.............. 6.1, 3, 8...... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... A............. 12, 13, 22,
chloroformate. B74, T20, TP4, 25, 40, 48,
TP13, TP38, TP45. 100

* * * * * * *
Lithium 5.1 UN1471........... II............. 5.1............ A9, IB8, IP2, IP4, 152............ 212............ 240........... 5 kg.......... 25 kg......... A............. 4, 48, 52, 56,
hypochlorite, dry N34. 58, 69, 106,
with more than 116
39% available
chlorine (8.8%
available oxygen)
or Lithium
hypochlorite
mixtures, dry
with more than
39% available
chlorine (8.8%
available oxygen).

[[Page 3348]]

* * * * * * *
Nitric acid other 8 UN2031........... II............. 8.............. A6, B2, B47, B53, None........... 158............ 242........... Forbidden..... 30 L.......... D............. 44, 66, 74,
than red fuming, IB2, IP15, T8, 89, 90
with less than 65 TP2.
percent nitric
acid.

* * * * * * *
Nitric acid other 8 UN2031........... I.............. 8, 5.1......... A3, B47, B53, T10, None........... 158............ 243........... Forbidden..... 2.5 L......... D............. 44, 66, 89,
than red fuming, TP2, TP12, TP13. 90, 110, 111
with not more
than 70 percent
nitric acid.

* * * * * * *
Tars, liquid 3 UN1999........... II............. 3.............. 149, B13, IB2, T3, 150............ 202............ 242........... 5 L........... 60 L.......... B............. ..............
including road TP3, TP29.
asphalt and oils,
bitumen and cut
backs.
.......... ................. III............ 3.............. B1, B13, IB3, T1, 150............ 203............ 242........... 60 L.......... 220 L......... A............. ..............
TP3.

* * * * * * *
Trinitro-meta- 1.1D UN0216........... II............. 1.1D........... .................. None........... 62............. None.......... Forbidden..... Forbidden..... 10............ 5E
cresol.

* * * * * * *
Vehicle, flammable 9 UN3166........... ............... 9.............. 135, 157.......... 220............ 220............ 220........... Forbidden..... No limit...... A............. ..............
gas powered.
Vehicle, flammable 9 UN3166........... ............... 9.............. 135, 157.......... 220............ 220............ 220........... No limit...... No limit...... A............. ..............
liquid powered.

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

* * * * * * *
Alkali metal 4.3 UN3482........... I.............. 4.3, 3......... A2, A3, A7........ None........... 201............ 244........... Forbidden..... 1 L........... D............. 52
dispersions,
flammable or
Alkaline earth
metal
dispersions,
flammable.

* * * * * * *
W............ Batteries, nickel- 9 UN3496........... ............... 9.............. 340............... ............... ............... .............. .............. .............. A............. 48
metal hydride see
Batteries, dry,
sealed, n.o.s.
for nickel-metal
hydride batteries
transported by
modes other than
vessel.

[[Page 3349]]

* * * * * * *
Calcium 5.1 UN3485........... II............. 5.1, 8......... 165, 166, A7, A9, 152............ 212............ None.......... 5 kg.......... 25 kg......... D............. 4, 48, 52, 56,
hypochlorite, IB8, IP2, IP4, 58, 69, 142
dry, corrosive or IP13, N34, W9.
Calcium
hypochlorite
mixtures, dry,
corrosive with
more than 39%
available
chlorine (8.8%
available oxygen).

* * * * * * *
Calcium 5.1 UN3487........... II............. 5.1, 8......... 165, IB8, IP2, 152............ 212............ 240........... 5 kg.......... 25 kg......... D............. 4, 48, 52, 56,
hypochlorite, IP4, IP13, W9. 58, 69, 142
hydrated,
corrosive or
Calcium
hypochlorite,
hydrated mixture,
corrosive with
not less than
5.5% but not more
than 16% water.
.......... ................. III............ 5.1, 8......... 165, IB8, IP4, W9. 152............ 213............ 240........... 25 kg......... 100 kg........ D............. 4, 48, 52, 56,
58, 69, 142

* * * * * * *
Calcium 5.1 UN3486........... III............ 5.1, 8......... 165, A1, A29, IB8, 152............ 213............ 240........... 5 kg.......... 25 kg......... D............. 4,48, 52, 56,
hypochlorite IP3, IP13, N34, 58, 69, 142
mixture, dry, W9.
corrosive with
more than 10% but
not more than 39%
available
chlorine.

* * * * * * *
Consumer commodity 9 ID8000........... ............... 9.............. .................. 167............ 167............ None.......... 30 kg gross... 30 kg gross... .............. ..............

* * * * * * *
Detonator 1.4S UN0500........... II............. 1.4S........... 347............... 63(f), 63(g)... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
assemblies, non-
electric, for
blasting.

* * * * * * *
Engines, internal 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... Forbidden..... No limit...... A............. ..............
combustion, or
Engines, fuel
cell, flammable
gas powered.
Engines internal 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... No limit...... No limit...... A............. ..............
combustion, or
Engines, fuel
cell, flammable
liquid powered.

* * * * * * *
Formaldehyde 3 UN1198........... III............ 3, 8........... B1, IB3, T4, TP1.. 4b, 150........ 203............ 242........... 5 L........... 60 L.......... A............. 40
solutions,
flammable.
Formaldehyde 8 UN2209........... III............ 8.............. IB3, T4, TP1...... 154............ 203............ 241........... 5 L........... 60 L.......... A............. ..............
solutions, with
not less than 25
percent
formaldehyde.

* * * * * * *
Hydrazine aqueous 8 UN3484........... I.............. 8, 3, 6.1...... B16, B53, T10, None........... 201............ 243........... Forbidden..... 2.5 L......... D............. 40, 52, 125
solution, TP2, TP13.
flammable with
more than 37%
hydrazine, by
mass.

[[Page 3350]]

* * * * * * *
1-Hydroxy benzo 4.1 UN3474........... I.............. 4.1............ N90............... None........... 211............ None.......... 0.5 kg........ 0.5 kg........ D............. 28, 36
triazole,
monohydrate.

* * * * * * *
+............ Iodine............ 8 UN3495........... III............ 8, 6.1......... IB8, IP3, T1, TP33 154............ 213............ 240........... 25 kg......... 100 kg........ B............. 40, 55

* * * * * * *
Lithium 5.1 UN1471........... II............. 5.1............ A9, IB8, IP2, IP4, 152............ 212............ 240........... 5 kg.......... 25 kg......... A............. 4, 48, 52, 56,
hypochlorite, dry N34, T3, TP33. 58, 69, 106,
or Lithium 116
hypochlorite
mixture.
.......... ................. III............ 5.1............ IB8, IP3, N34, T1, 152............ 213............ 240........... 25 kg......... 100 kg........ A............. 4, 48, 52, 56,
TP33. 58, 69, 106,
116

* * * * * * *
+............ Motor fuel anti- 6.1 UN3483........... I.............. 6.1, 3......... 14, T14, TP2, TP13 None........... 201............ 244........... Forbidden..... Forbidden..... D............. 25, 40
knock mixture,
flammable.

* * * * * * *
I............ Petroleum sour 3 UN3494........... I.............. 3, 6.1......... 343, T14, TP2, None........... 201............ 243........... Forbidden..... 30 L.......... D............. 40
crude oil, TP13.
flammable, toxic.
.......... ................. II............. 3, 6.1......... 343, IB2, T7, TP2. 150............ 202............ 243........... 1 L........... 60 L.......... D............. 40
.......... ................. III............ 3, 6.1......... 343, IB3, T4, TP1. 150............ 203............ 242........... 60 L.......... 220 L......... C............. 40

* * * * * * *
Tars, liquid 3 UN1999........... II............. 3.............. 149, B13, IB2, T3, 150............ 202............ 242........... 5 L........... 60 L.......... B............. ..............
including road TP3, TP29.
oils and cutback
bitumens.
.......... ................. III............ 3.............. B1, B13, IB3, T1, 150............ 203............ 242........... 60 L.......... 220 L......... A............. ..............
TP3.

[[Page 3351]]

* * * * * * *
G............ Toxic by 6.1 UN3492........... I.............. 6.1, 8, 3...... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40, 125
inhalation B72, T22, TP2,
liquid, TP13, TP27, TP38,
corrosive, TP44.
flammable, n.o.s.
with an
inhalation
toxicity lower
than or equal to
200 ml/m3 and
saturated vapor
concentration
greater than or
equal to 500 LC50.
G............ Toxic by 6.1 UN3493........... I.............. 6.1, 8, 3...... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40, 125
inhalation B74, T20, TP2,
liquid, TP13, TP27, TP38,
corrosive, TP45.
flammable, n.o.s.
with an
inhalation
toxicity lower
than or equal to
1000 ml/m3 and
saturated vapor
concentration
greater than or
equal to 10 LC50.

* * * * * * *
G............ Toxic by 6.1 UN3488........... I.............. 6.1, 3, 8...... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40, 125
inhalation B72, T22, TP2,
liquid, TP13, TP27, TP38,
flammable, TP44.
corrosive, n.o.s.
with an
inhalation
toxicity lower
than or equal to
200 ml/m3 and
saturated vapor
concentration
greater than or
equal to 500 LC50.
G............ Toxic by 6.1 UN3489........... I.............. 6.1, 3, 8...... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40, 125
inhalation B74, T20, TP2,
liquid, TP13, TP27, TP38,
flammable, TP45.
corrosive, n.o.s.
with an
inhalation
toxicity lower
than or equal to
1000 ml/m3 and
saturated vapor
concentration
greater than or
equal to 10 LC50.

* * * * * * *
G............ Toxic by 6.1 UN3490........... I.............. 6.1, 4.3, 3.... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 21, 28, 40, 49
inhalation B72, T22, TP2,
liquid, water- TP13, TP27, TP38,
reactive, TP44.
flammable, n.o.s.
with an
inhalation
toxicity lower
than or equal to
200 ml/m3 and
saturated vapor
concentration
greater than or
equal to 500 LC50.
G............ Toxic by 6.1 UN3491........... I.............. 6.1, 4.3, 3.... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 21, 28, 40, 49
inhalation B74, T20, TP2,
liquid, water- TP13, TP27, TP38,
reactive, TP45.
flammable, n.o.s.
with an
inhalation
toxicity lower
than or equal to
1000 ml/m3 and
saturated vapor
concentration
greater than or
equal to 10 LC50.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 3352]]

* * * * * * *
Trinitro-m-cresol. 1.1D UN0216........... II............. 1.1D........... .................. None........... 62............. None.......... Forbidden..... Forbidden..... 10............ 5E

* * * * * * *
Vehicle, flammable 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... Forbidden..... No limit...... A............. ..............
gas powered or
Vehicle, fuel
cell, flammable
gas powered.
Vehicle, flammable 9 UN3166........... ............... 9.............. 135............... 220............ 220............ 220........... No limit...... No limit...... A............. ..............
liquid powered or
Vehicle, fuel
cell, flammable
liquid powered.

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

* * * * * * *
Alcohols, n.o.s... 3 UN1987........... I.............. 3.............. 172, T11, TP1, 4b............. 201............ 243........... 1 L........... 30 L.......... E............. ..............
TP8, TP27.
.......... ................. II............. 3.............. 172, IB2, T7, TP1, 4b, 150........ 202............ 242........... 5 L........... 60 L.......... B............. ..............
TP8, TP28.
.......... ................. III............ 3.............. 172, B1, IB3, T4, 4b, 150........ 203............ 242........... 60 L.......... 220 L......... A............. ..............
TP1, TP29.

* * * * * * *
G............ Antimony 6.1 UN3141........... III............ 6.1............ 35, IB3, T7, TP1, 153............ 203............ 241........... 60 L.......... 220 L......... A............. ..............
compounds, TP28.
inorganic,
liquid, n.o.s.
G............ Antimony 6.1 UN1549........... III............ 6.1............ 35, IB8, IP3, T1, 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............
compounds, TP33.
inorganic, solid,
n.o.s.

* * * * * * *
Argon, 2.2 UN1951........... ............... 2.2............ T75, TP5.......... 320............ 316............ 318........... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid (cryogenic
liquid).

* * * * * * *
G............ Arsenic compounds, 6.1 UN1556........... I.............. 6.1............ T14, TP2, TP13, None........... 201............ 243........... 1 L........... 30 L.......... B............. 40, 137
liquid, n.o.s. TP27.
inorganic,
including
arsenates,
n.o.s.;
arsenites,
n.o.s.; arsenic
sulfides, n.o.s.;
and organic
compounds of
arsenic, n.o.s.
.......... ................. II............. 6.1............ IB2, T11, TP2, 153............ 202............ 243........... 5 L........... 60 L.......... B............. 40, 137
TP13, TP27.
.......... ................. III............ 6.1............ IB3, T7, TP2, TP28 153............ 203............ 241........... 60 L.......... 220 L......... B............. 40, 137

[[Page 3353]]

G............ Arsenic compounds, 6.1 UN1557........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... A............. 137
solid, n.o.s.
inorganic,
including
arsenates,
n.o.s.;
arsenites,
n.o.s.; arsenic
sulfides, n.o.s.;
and organic
compounds of
arsenic, n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. 137
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. 137

* * * * * * *
G............ Barium compounds, 6.1 UN1564........... II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
n.o.s. TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
G............ Beryllium 6.1 UN1566........... II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
compounds, n.o.s. TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
G............ Bromates, 5.1 UN3213........... II............. 5.1............ 350, IB2, T4, TP1. 152............ 202............ 242........... 1 L........... 5 L........... B............. 56, 58, 133
inorganic,
aqueous solution,
n.o.s.
.......... ................. III............ 5.1............ 350, IB2, T4, TP1. 152............ 203............ 241........... 2.5 L......... 30 L.......... B............. 56, 58, 133
G............ Bromates, 5.1 UN1450........... II............. 5.1............ 350, IB8, IP2, 152............ 212............ 242........... 5 kg.......... 25 kg......... A............. 56, 58
inorganic, n.o.s. IP4, T3, TP33.

* * * * * * *
tert-Butyl 6.1 UN2484........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
isocyanate. B72, T20, TP2,
TP13, TP38, TP44.

* * * * * * *
G............ Cadmium compounds. 6.1 UN2570........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... A............. ..............
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
Carbon dioxide, 2.2 UN2187........... ............... 2.2............ T75, TP5.......... 306............ 304............ 314, 315...... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid.
A W.......... Carbon dioxide, 9 UN1845........... ............... None........... .................. 217............ 217............ 240........... 200 kg........ 200 kg........ C............. 40
solid or Dry ice.
Carbon disulfide.. 3 UN1131........... I.............. 3, 6.1......... B16, T14, TP2, None........... 201............ 243........... Forbidden..... Forbidden..... D............. 40, 78, 115
TP7, TP13.

* * * * * * *
Cartridges, power 1.4S UN0323........... II............. 1.4S........... 110, 347.......... 63............. 62............. 62............ 25 kg......... 100kg......... 05............ ..............
device.

* * * * * * *
D............ Cartridges power ORM-D None............. ............... None........... 347............... 63............. None........... None.......... 30 kg gross... 30 kg gross... A............. ..............
device (used to
project fastening
devices)..

* * * * * * *
Charges, bursting, 1.4S UN0460........... II............. 1.4S........... 347............... None........... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
plastics bonded.

[[Page 3354]]

* * * * * * *
Charges, 1.4S UN0445........... II............. 1.4S........... 347............... None........... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
explosive,
commercial
without detonator.

* * * * * * *
Charges, shaped, 1.4S UN0441........... II............. 1.4S........... 347............... None........... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
without detonator.

* * * * * * *
G............ Chlorates, 5.1 UN3210........... II............. 5.1............ 351, IB2, T4, TP1. 152............ 202............ 242........... 1 L........... 5 L........... B............. 56, 58, 133
inorganic,
aqueous solution,
n.o.s.
.......... ................. III............ 5.1............ 351, IB2, T4, TP1. 152............ 203............ 241........... 2.5 L......... 30 L.......... B............. 56, 58, 133
G............ Chlorates, 5.1 UN1461........... II............. 5.1............ 351, A9, IB6, IP2, 152............ 212............ 242........... 5 kg.......... 25 kg......... A............. 56, 58
inorganic, n.o.s. N34, T3, TP33.

* * * * * * *
G............ Chlorites, 5.1 UN1462........... II............. 5.1............ 352, A7, IB6, IP2, 152............ 212............ 242........... 5 kg.......... 25 kg......... A............. 56, 58
inorganic, n.o.s. N34, T3, TP33.

* * * * * * *
+............ Chloroacetonitrile 6.1 UN2668........... I.............. 6.1, 3......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... A............. 12, 40, 52
IB9, T20, TP2,
TP13, TP38, TP45.

* * * * * * *
+............ Chloropicrin...... 6.1 UN1580........... I.............. 6.1............ 2, B7, B9, B14, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
B32, B46, T22,
TP2, TP13, TP38,
TP45.

* * * * * * *
G............ Chloropicrin 6.1 UN1583........... I.............. 6.1............ 5................. None........... 201............ 243........... Forbidden..... Forbidden..... C............. 40
mixtures, n.o.s.
.......... ................. II............. 6.1............ IB2............... 153............ 202............ 243........... Forbidden..... Forbidden..... C............. 40
.......... ................. III............ 6.1............ IB3............... 153............ 203............ 241........... Forbidden..... Forbidden..... C............. 40

* * * * * * *
Chlorosilanes, 8 UN2986........... II............. 8, 3........... T14, TP2, TP7, None........... 206............ 243........... Forbidden..... 30 L.......... C............. 40
corrosive, TP13, TP27.
flammable, n.o.s.
Chlorosilanes, 8 UN2987........... II............. 8.............. B2, T14, TP2, TP7, None........... 206............ 242........... Forbidden..... 30 L.......... C............. 40
corrosive, n.o.s. TP13, TP27.

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

* * * * * * *
G............ Compressed gas, 2.2 UN1956........... ............... 2.2............ .................. 306, 307....... 302, 305....... 314, 315...... 75 kg......... 150 kg........ A............. ..............
n.o.s.

[[Page 3355]]

* * * * * * *
Crotonaldehyde or 6.1 UN1143........... I.............. 6.1, 3......... 2, 175, B9, B14, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
Crotonaldehyde, B32, B77, T20,
stabilized. TP2, TP13, TP38,
TP45.

* * * * * * *
G............ Cyanide solutions, 6.1 UN1935........... I.............. 6.1............ B37, T14, TP2, None........... 201............ 243........... 1 L........... 30 L.......... B............. 40, 52
n.o.s. TP13, TP27.
.......... ................. II............. 6.1............ IB2, T11, TP2, 153............ 202............ 243........... 5 L........... 60 L.......... A............. 40, 52
TP13, TP27.
.......... ................. III............ 6.1............ IB3, T7, TP2, 153............ 203............ 241........... 60 L.......... 220 L......... A............. 40, 52
TP13, TP28.

* * * * * * *
Detonators, 1.4S UN0456........... II............. 1.4S........... 347............... 63(f), 63(g)... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
electric for
blasting.

* * * * * * *
Detonators for 1.4S UN0366........... II............. 1.4S........... 347............... None........... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
ammunition.

* * * * * * *
Detonators, non- 1.4S UN0455........... II............. 1.4S........... 347............... 63(f), 63(g)... 62............. None.......... 25 kg......... 100 kg........ 05............ ..............
electric for
blasting.

* * * * * * *
Dibenzyldichlorosi 8 UN2434........... II............. 8.............. B2, T10, TP2, TP7, 154............ 206............ 242........... Forbidden..... 30 L.......... C............. 40
lane. TP13.

* * * * * * *
G............ Elevated 3 UN3256........... III............ 3.............. IB1, T3, TP3, TP29 None........... None........... 247........... Forbidden..... Forbidden..... A............. ..............
temperature
liquid,
flammable,
n.o.s., with
flash point above
37.8 C, at or
above its flash
point.
G............ Elevated 9 UN3257........... III............ 9.............. IB1, T3, TP3, TP29 None........... None........... 247........... Forbidden..... Forbidden..... A............. 85
temperature
liquid, n.o.s.,
at or above 100 C
and below its
flash point
(including molten
metals, molten
salts, etc.).
G............ Elevated 9 UN3258........... III............ 9.............. .................. 247(h)(4)...... None........... 247........... Forbidden..... Forbidden..... A............. 85
temperature
solid, n.o.s., at
or above 240 C,
see Sec.
173.247(h)(4).

* * * * * * *
G............ Environmentally 9 UN3077........... III............ 9.............. 8, 146, 335, A112, 155............ 213............ 240........... No limit...... No limit...... A............. ..............
hazardous B54, IB8, IP3,
substance, solid, N20, T1, TP33.
n.o.s.

* * * * * * *
Ethanol or Ethyl 3 UN1170........... II............. 3.............. 24, IB2, T4, TP1.. 4b, 150........ 202............ 242........... 5 L........... 60 L.......... A............. ..............
alcohol or
Ethanol solutions
or Ethyl alcohol
solutions.
.......... ................. III............ 3.............. 24, B1, IB3, T2, 4b, 150........ 203............ 242........... 60 L.......... 220 L......... A............. ..............
TP1.

* * * * * * *
+............ Ethyl isocyanate.. 6.1 UN2481........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40, 52
T20, TP2, TP13,
TP38, TP44.

[[Page 3356]]

* * * * * * *
Ethylene oxide or 2.3 UN1040........... ............... 2.3, 2.1....... 4, 342, T50, TP20. None........... 323............ 323........... Forbidden..... Forbidden..... D............. 40
Ethylene oxide
with nitrogen up
to a total
pressure of 1 MPa
(10 bar) at 50
degrees C.

* * * * * * *
G............ Fluorosilicates, 6.1 UN2856........... III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. 52
n.o.s.

* * * * * * *
Helium, 2.2 UN1963........... ............... 2.2............ T75, TP5.......... 320............ 316............ 318........... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid (cryogenic
liquid).

* * * * * * *
Hydrogen in a 2.1 UN3468........... ............... 2.1............ 167............... None........... 311............ 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.

* * * * * * *
G............ Hypochlorites, 5.1 UN3212........... II............. 5.1............ 349, A9, IB8, IP2, 152............ 212............ 240........... 5 kg.......... 25 kg......... D............. 4, 48, 52, 56,
inorganic, n.o.s. IP4, T3, TP33. 58, 69, 106,
116, 118

* * * * * * *
+............ Isobutyl 6.1 UN2486........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
isocyanate. T20, TP2, TP13,
TP27.

* * * * * * *
Isopropanol or 3 UN1219........... II............. 3.............. IB2, T4, TP1...... 4b, 150........ 202............ 242........... 5 L........... 60 L.......... B............. ..............
Isopropyl alcohol.

* * * * * * *
+............ Isopropyl 6.1 UN2483........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
isocyanate. T20, TP2, TP13,
TP38, TP44.

* * * * * * *
Krypton, 2.2 UN1970........... ............... 2.2............ T75, TP5.......... 320............ None........... None.......... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid (cryogenic
liquid).

* * * * * * *
G............ Lead compounds, 6.1 UN2291........... III............ 6.1............ 138, IB8, IP3, T1, 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............
soluble, n.o.s. TP33.

[[Page 3357]]

* * * * * * *
Medicine, liquid, 3 UN3248........... II............. 3, 6.1......... IB2............... 150............ 202............ 243........... 1 L........... 60 L.......... B............. 40
flammable, toxic,
n.o.s.
.......... ................. III............ 3, 6.1......... IB3............... 150............ 203............ 242........... 60 L.......... 220 L......... A............. ..............
Medicine, liquid, 6.1 UN1851........... II............. 6.1............ .................. 153............ 202............ 243........... 5 L........... 60 L.......... C............. 40
toxic, n.o.s.
.......... ................. III............ 6.1............ .................. 153............ 203............ 241........... 60 L.......... 220 L......... C............. 40
Medicine, solid, 6.1 UN3249........... II............. 6.1............ T3, TP33.......... 153............ 212............ 242........... 25 kg......... 100 kg........ C............. 40
toxic, n.o.s.
.......... ................. III............ 6.1............ T3, TP33.......... 153............ 213............ 240........... 100 kg........ 200 kg........ C............. 40

* * * * * * *
G............ Mercury compound, 6.1 UN2024........... I.............. 6.1............ .................. None........... 201............ 243........... 1 L........... 30 L.......... B............. 40
liquid, n.o.s.
.......... ................. II............. 6.1............ IB2............... 153............ 202............ 243........... 5 L........... 60 L.......... B............. 40
.......... ................. III............ 6.1............ IB3............... 153............ 203............ 241........... 60 L.......... 220 L......... B............. 40
G............ Mercury compound, 6.1 UN2025........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... A............. ..............
solid, n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
G............ Metal catalyst, 4.2 UN2881........... I.............. 4.2............ N34, T21, TP7, None........... 187............ None.......... Forbidden..... Forbidden..... C............. ..............
dry. TP33.
.......... ................. II............. 4.2............ IB6, IP2, N34, T3, None........... 187............ 242........... Forbidden..... 50 kg......... C............. ..............
TP33.
.......... ................. III............ 4.2............ IB8, IP3, N34, T1, None........... 187............ 241........... 25 kg......... 100 kg........ C............. ..............
TP33.
G............ Metal catalyst, 4.2 UN1378........... II............. 4.2............ A2, A8, IB1, N34, None........... 212............ None.......... Forbidden..... 50 kg......... C............. ..............
wetted with a T3, TP33.
visible excess of
liquid.

* * * * * * *
+............ Methacrylonitrile, 6.1 UN3079........... I.............. 6.1, 3......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 12, 40, 48
stabilized. T20, TP2, TP13,
TP38, TP45.

* * * * * * *
+............ Methoxymethyl 6.1 UN2605........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
isocyanate. T20, TP2, TP13,
TP38, TP44.

* * * * * * *
Methyl bromide and 6.1 UN1647........... I.............. 6.1............ 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
ethylene N65, T20, TP2,
dibromide TP13, TP38, TP44.
mixtures, liquid.

* * * * * * *
Methyl iodide..... 6.1 UN2644........... I.............. 6.1............ 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 12, 40
T20, TP2, TP13,
TP38, TP45.

* * * * * * *
Methyl 6.1 UN2477........... I.............. 6.1, 3......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
isothiocyanate. T20, TP2, TP13,
TP38, TP45.

* * * * * * *
Methyl 6.1 UN2606........... I.............. 6.1, 3......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
orthosilicate. T20, TP2, TP13,
TP38, TP45.

* * * * * * *
Methylphenyldichlo 8 UN2437........... II............. 8.............. T10, TP2, TP7, None........... 206............ 242........... Forbidden..... 30 L.......... C............. 40
rosilane. TP13.

[[Page 3358]]

* * * * * * *
+............ Motor fuel anti- 6.1 UN1649........... I.............. 6.1............ 14, B9, B90, T14, None........... 201............ 244........... Forbidden..... 30 L.......... D............. 25, 40
knock mixtures. TP2, TP13.

* * * * * * *
Neon, refrigerated 2.2 UN1913........... ............... 2.2............ T75, TP5.......... 320............ 316............ None.......... 50 kg......... 500 kg........ D............. ..............
liquid (cryogenic
liquid).

* * * * * * *
Nickel carbonyl... 6.1 UN1259........... I.............. 6.1, 3......... 1................. None........... 198............ None.......... Forbidden..... Forbidden..... D............. 40, 78

* * * * * * *
G............ Nicotine 6.1 UN3144........... I.............. 6.1............ A4................ None........... 201............ 243........... 1 L........... 30 L.......... B............. 40
compounds,
liquid, n.o.s. or
Nicotine
preparations,
liquid, n.o.s.
.......... ................. II............. 6.1............ IB2, T11, TP2, 153............ 202............ 243........... 5 L........... 60 L.......... B............. 40
TP27.
.......... ................. III............ 6.1............ IB3, T7, TP1, TP28 153............ 203............ 241........... 60 L.......... 220 L......... B............. 40
G............ Nicotine 6.1 UN1655........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... B............. ..............
compounds, solid,
n.o.s. or
Nicotine
preparations,
solid, n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
G............ Nitrites, 5.1 UN3219........... II............. 5.1............ IB1, T4, TP1...... 152............ 202............ 242........... 1 L........... 5 L........... B............. 46, 56, 58,
inorganic, 133
aqueous solution,
n.o.s.
.......... ................. III............ 5.1............ IB2, T4, TP1...... 152............ 203............ 241........... 2.5 L......... 30 L.......... B............. 46, 56, 58,
133
G............ Nitrites, 5.1 UN2627........... II............. 5.1............ 33, IB8, IP2, IP4, 152............ 212............ None.......... 5 kg.......... 25 kg......... A............. 46, 56, 58,
inorganic, n.o.s. T3, TP33. 133

* * * * * * *
Nitrogen, 2.2 UN1977........... ............... 2.2............ 345, 346, T75, TP5 320............ 316............ 318........... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid cryogenic
liquid.

* * * * * * *
Nitrous oxide, 2.2 UN2201........... ............... 2.2, 5.1....... B6, T75, TP5, TP22 None........... 304............ 314, 315...... Forbidden..... Forbidden..... D............. 40
refrigerated
liquid.

* * * * * * *
G............ Organometallic 4.2 UN3392........... I.............. 4.2............ B11, T21, TP2, None........... 181............ 244........... Forbidden..... Forbidden..... D............. 78
substance, TP7, TP36.
liquid,
pyrophoric.
G............ Organometallic 4.2 UN3394........... I.............. 4.2, 4.3....... B11, T21, TP2, None........... 181............ 244........... Forbidden..... Forbidden..... D............. 78
substance, TP7, TP36.
liquid,
pyrophoric, water-
reactive.
G............ Organometallic 4.3 UN3398........... I.............. 4.3............ T13, TP2, TP7, None........... 201............ 244........... Forbidden..... 1 L........... E............. 40, 52
substance, TP36.
liquid, water-
reactive.
.......... ................. II............. 4.3............ IB1, T7, TP2, TP7, None........... 202............ 243........... 1 L........... 5 L........... E............. 40, 52
TP36.

[[Page 3359]]

.......... ................. III............ 4.3............ IB2, T7, TP2, TP7, None........... 203............ 242........... 5 L........... 60 L.......... E............. 40, 52
TP36.
G............ Organometallic 4.3 UN3399........... I.............. 4.3, 3......... T13, TP2, TP7, None........... 201............ 244........... Forbidden..... 1 L........... D............. 40, 52
substance, TP36.
liquid, water-
reactive,
flammable.
.......... ................. II............. 4.3, 3......... IB1, IP2, T7, TP2, None........... 202............ 243........... 1 L........... 5 L........... D............. 40, 52
TP7, TP36.
.......... ................. III............ 4.3, 3......... IB2, IP4, T7, TP2, None........... 203............ 242........... 5 L........... 60 L.......... E............. 40, 52
TP7, TP36.
G............ Organometallic 4.2 UN3391........... I.............. 4.2............ T21, TP7, TP33, None........... 187............ 244........... Forbidden..... Forbidden..... D............. ..............
substance, solid, TP36.
pyrophoric.
G............ Organometallic 4.2 UN3393........... I.............. 4.2, 4.3....... B11, T21, TP7, None........... 187............ 244........... Forbidden..... Forbidden..... D............. 52
substance, solid, TP33, TP36.
pyrophoric, water-
reactive.
G............ Organometallic 4.2 UN3400........... II............. 4.2............ IB6, T3, TP33, None........... 212............ 242........... 15 kg......... 50 kg......... C............. ..............
substance, solid, TP36.
self-heating.
.......... ................. III............ 4.2............ IB8, T1, TP33, None........... 213............ 242........... 25 kg......... 100 kg........ C............. ..............
TP36.
G............ Organometallic 4.3 UN3395........... I.............. 4.3............ N40, T9, TP7, None........... 211............ 242........... Forbidden..... 15 kg......... E............. 40, 52
substance, solid, TP33, TP36.
water-reactive.
.......... ................. II............. 4.3............ IB4, T3, TP33, 151............ 212............ 242........... 15 kg......... 50 kg......... E............. 40, 52
TP36.
.......... ................. III............ 4.3............ IB6, T1, TP33, 151............ 213............ 241........... 25 kg......... 100 kg........ E............. 40, 52
TP36.
G............ Organometallic 4.3 UN3396........... I.............. 4.3, 4.1....... N40, T9, TP7, None........... 211............ 242........... Forbidden..... 15 kg......... E............. 40, 52
substance, solid, TP33, TP36.
water-reactive,
flammable.
.......... ................. II............. 4.3, 4.1....... IB4, T3, TP33, 151............ 212............ 242........... 15 kg......... 50 kg......... E............. 40, 52
TP36.
.......... ................. III............ 4.3, 4.1....... IB6, T1, TP33, 151............ 213............ 241........... 25 kg......... 100 kg........ E............. 40, 52
TP36.
G............ Organometallic 4.3 UN3397........... I.............. 4.3, 4.2....... N40, T9, TP7, None........... 211............ 242........... Forbidden..... 15 kg......... E............. 40, 52
substance, solid, TP33, TP36.
water-reactive,
self-heating.
.......... ................. II............. 4.3, 4.2....... IB4, T3, TP33, None........... 212............ 242........... 15 kg......... 50 kg......... E............. 40, 52
TP36.
.......... ................. III............ 4.3, 4.2....... IB6, T1, TP33, None........... 213............ 241........... 25 kg......... 100 kg........ E............. 40, 52
TP36.

* * * * * * *
Oxygen, compressed 2.2 UN1072........... ............... 2.2, 5.1....... 110, A14.......... 306............ 302............ 314, 315...... 75 kg......... 150 kg........ A............. ..............

* * * * * * *
G............ Permanganates, 5.1 UN3214........... II............. 5.1............ 26, 353, IB2, T4, 152............ 202............ 242........... 1 L........... 5 L........... D............. 56, 58, 133,
inorganic, TP1. 138
aqueous solution,
n.o.s.
G............ Permanganates, 5.1 UN1482........... II............. 5.1............ 26, 353, A30, IB6, 152............ 212............ 242........... 5 kg.......... 25 kg......... D............. 56, 58, 138
inorganic, n.o.s. IP2, T3, TP33.
.......... ................. III............ 5.1............ 26, 353, A30, IB8, 152............ 213............ 240........... 25 kg......... 100 kg........ D............. 56, 58, 138
IP3, T1, TP33.

* * * * * * *
Pentaerythrite 1.1D UN0411........... II............. 1.1D........... 120............... None........... 62............. None.......... Forbidden..... Forbidden..... 10............ ..............
tetranitrate or
Pentaerythritol
tetranitrate or
PETN, with not
less than 7
percent wax by
mass.

* * * * * * *
Petroleum crude 3 UN1267........... I.............. 3.............. 144, 357, T11, 150............ 201............ 243........... 1 L........... 30 L.......... E............. ..............
oil. TP1, TP8.
.......... ................. II............. 3.............. 144, 357, IB2, T4, 150............ 202............ 242........... 5 L........... 60 L.......... B............. ..............
TP1, TP8.
.......... ................. III............ 3.............. 144, 357, B1, IB3, 150............ 203............ 242........... 60 L.......... 220 L......... A............. ..............
T2, TP1.

[[Page 3360]]

* * * * * * *
Phenyl mercaptan.. 6.1 UN2337........... I.............. 6.1, 3......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40, 52
B77, T20, TP2,
TP13, TP38, TP45.
G............ Phenylmercuric 6.1 UN2026........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... A............. ..............
compounds, n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ A............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
+............ Phosphorous 6.1 UN1810........... I.............. 6.1, 8......... 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
oxychloride. B77, N34, T20,
TP2, TP13, TP38,
TP45.

* * * * * * *
Polyester resin 3 UN3269........... ............... 3.............. 40, 149........... 165............ 165............ None.......... 5 kg.......... 5 kg.......... B............. ..............
kit.

* * * * * * *
Potassium nitrate. 5.1 UN1486........... III............ 5.1............ A1, A29, IB8, IP3, 152............ 213............ 240........... 25 kg......... 100 kg........ A............. ..............
T1, TP33, W1.

* * * * * * *
Powder, smokeless. 1.4C UN0509........... ............... 1.4C........... .................. None........... 62............. None.......... Forbidden..... 75 kg......... 06............ ..............

* * * * * * *
n-Propyl 6.1 UN2482........... I.............. 6.1, 3......... 1, B9, B14, B30, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
isocyanate. T20, TP2, TP13,
TP38, TP44.

* * * * * * *
G............ Pyrophoric liquid, 4.2 UN3194........... I.............. 4.2............ .................. None........... 181............ 244........... Forbidden..... Forbidden..... D............. 78
inorganic, n.o.s.
G............ Pyrophoric 4.2 UN2845........... I.............. 4.2............ B11, T22, TP2, TP7 None........... 181............ 244........... Forbidden..... Forbidden..... D............. 78
liquids, organic,
n.o.s.

* * * * * * *
G............ Selenates or 6.1 UN2630........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... E............. ..............
Selenites.

* * * * * * *
G............ Selenium compound, 6.1 UN3440........... I.............. 6.1............ T14, TP2, TP27.... None........... 201............ 243........... 1 L........... 30 L.......... B............. ..............
liquid, n.o.s.
.......... ................. II............. 6.1............ IB2, T11, TP2, 153............ 202............ 243........... 5 L........... 60 L.......... B............. ..............
TP27.
.......... ................. III............ 6.1............ IB3, T7, TP1, TP28 153............ 203............ 241........... 60 L.......... 220 L......... A............. ..............
G............ Selenium compound, 6.1 UN3283........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... B............. ..............
solid, n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ B............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

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

* * * * * * *
Sodium nitrate.... 5.1 UN1498........... III............ 5.1............ A1, A29, IB8, IP3, 152............ 213............ 240........... 25 kg......... 100 kg........ A............. ..............
T1, TP33, W1.

[[Page 3361]]

Sodium nitrate and 5.1 UN1499........... III............ 5.1............ A1, A29, IB8, IP3, 152............ 213............ 240........... 25 kg......... 100 kg........ A............. ..............
potassium nitrate T1, TP33, W1.
mixtures.

* * * * * * *
+............ Sulfuryl chloride. 6.1 UN1834........... I.............. 6.1, 8......... 1, B6, B9, B10, None........... 226............ 244........... Forbidden..... Forbidden..... D............. 40
B14, B30, B77,
N34, T22, TP2,
TP13, TP38, TP44.

* * * * * * *
G............ Tellurium 6.1 UN3284........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... B............. ..............
compound, solid,
n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ B............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
+............ Tetranitromethane. 6.1 UN1510........... I.............. 6.1, 5.1....... 2, B32, T20, TP2, None........... 227............ None.......... Forbidden..... Forbidden..... D............. 40, 66
TP13, TP38, TP44.

* * * * * * *
+............ Thiophosgene...... 6.1 UN2474........... I.............. 6.1............ 2, B9, B14, B32, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40, 52
N33, N34, T20,
TP2, TP13, TP38,
TP45.

* * * * * * *
+............ Titanium 6.1 UN1838........... I.............. 6.1, 8......... 2, B7, B9, B14, None........... 227............ 244........... Forbidden..... Forbidden..... D............. 40
tetrachloride. B32, B77, T20,
TP2, TP13, TP38,
TP45.

* * * * * * *
G............ Vanadium compound, 6.1 UN3285........... I.............. 6.1............ IB7, IP1, T6, TP33 None........... 211............ 242........... 5 kg.......... 50 kg......... B............. ..............
n.o.s.
.......... ................. II............. 6.1............ IB8, IP2, IP4, T3, 153............ 212............ 242........... 25 kg......... 100 kg........ B............. ..............
TP33.
.......... ................. III............ 6.1............ IB8, IP3, T1, TP33 153............ 213............ 240........... 100 kg........ 200 kg........ A............. ..............

* * * * * * *
Xenon, 2.2 UN2591........... ............... 2.2............ T75, TP5.......... 320............ None........... None.......... 50 kg......... 500 kg........ D............. ..............
refrigerated
liquid (cryogenic
liquids).

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

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

[[Page 3362]]

* * * * *

0
8. In Sec. 172.102, the following amendments are made:
0
a. In paragraph (c)(1), special provisions 77 and 157 are removed;
special provisions 15, 40, 78, 110, 130, 134, 135, 149, 167 and 198 are
revised; and special provisions 340, 342, 343, 345, 346, 347, 349, 350,
351, 352, 353, and 357 are added;
0
b. In paragraph (c)(2), special provision A59 is removed and special
provision A112 is added;
0
c. In paragraph (c)(4), Table 1--IB Codes (IBC Codes) is revised;
0
d. Paragraph (c)(7)(ii) is revised and entries for ``T9'' and ``T21''
in the ``Table of Portable Tank T Codes T1-T22'' are revised;
0
d. In paragraph (c)(8), special provision TP36 is added; and
0
e. In paragraph (c)(9), special provision W1 is added.
The revisions and additions read as follows:

Sec. 172.102 Special provisions.

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

Code/Special Provisions

* * * * *
15 This entry applies to ``Chemical kits'' and ``First aid kits''
containing one or more compatible items of hazardous materials in
boxes, cases, etc. that, for example, are used for medical, analytical,
diagnostic, testing, or repair purposes. Kits that are carried on board
transport vehicles for first aid or operating purposes are not subject
to the requirements of this subchapter.
* * * * *
40 Polyester resin kits consist of two components: A base material
(Class 3, Packing Group II or III) and an activator (organic peroxide),
each separately packed in an inner packaging. The organic peroxide must
be type D, E, or F, not requiring temperature control. The components
may be placed in the same outer packaging provided they will not
interact dangerously in the event of leakage. The Packing Group
assigned will be II or III, according to the classification criteria
for Class 3, applied to the base material. Additionally, unless
otherwise excepted in this subchapter, polyester resin kits must be
packaged in specification combination packagings based on the
performance level of the base material contained within the kit.
* * * * *
78 This entry may not be used to describe compressed air which
contains more than 23.5 percent oxygen. Compressed air containing
greater than 23.5 percent oxygen must be shipped using the description
``Compressed gas, oxidizing, n.o.s., UN3156.''
* * * * *
110 Fire extinguishers transported under UN1044 and oxygen
cylinders transported for emergency use under UN1072 may include
installed actuating cartridges (cartridges, power device of Division
1.4C or 1.4S), without changing the classification of Division 2.2,
provided the aggregate quantity of deflagrating (propellant) explosives
does not exceed 3.2 grams per cylinder. Oxygen cylinders with installed
actuating cartridges as prepared for transportation must have an
effective means of preventing inadvertent activation.
* * * * *
130 ``Batteries, dry, sealed, n.o.s.,'' commonly referred to as dry
batteries, 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. Dry batteries specifically covered by another entry in the
Sec. 172.101 Table must be transported in accordance with the
requirements applicable to that entry. For example, nickel-metal
hydride batteries transported by vessel in certain quantities are
covered by another entry (see Batteries, nickel-metal hydride, UN3496).
Dry batteries not specifically covered by another entry in the Sec.
172.101 Table are covered by this entry (i.e., Batteries, dry, sealed,
n.o.s.) and are not subject to requirements of this subchapter except
for the following:
(a) Incident reporting. 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.
(b) Preparation for transport. Batteries and battery-powered
device(s) containing batteries must be prepared and packaged for
transport in a manner to prevent:
(1) A dangerous evolution of heat;
(2) Short circuits, including but not limited to the following
methods:
(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 in a manner to prevent
contact with other batteries, devices or conductive materials (e.g.,
metal) in the packagings; or
(iii) Ensuring exposed terminals or connectors are protected with
non-conductive caps, non-conductive tape, or by other appropriate
means; and
(3) Damage to terminals. If not impact resistant, the outer
packaging should not be used as the sole means of protecting the
battery terminals from damage or short circuiting. Batteries must be
securely cushioned and packed to prevent 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:
(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.
(c) Additional air transport requirements. For a battery whose
voltage (electrical potential) exceeds 9 volts--
(1) 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
(2) 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.
(d) Used or spent battery exception. Used or spent dry batteries of
both non-rechargeable and rechargeable designs, with a marked rating up
to 9-volt that are combined in the same package and

[[Page 3363]]

transported by highway or rail for recycling, reconditioning, or
disposal are not subject to this special provision or any other
requirement of the HMR. Note that batteries utilizing different
chemistries (i.e., those battery chemistries specifically covered by
another entry in the Sec. 172.101 Table) as well as dry batteries with
a marked rating greater than 9-volt may not be combined with used or
spent batteries in the same package. Note also that this exception does
not apply to batteries that have been reconditioned for reuse.
* * * * *
134 This entry only applies to vehicles, machinery and equipment
powered by wet batteries, sodium batteries, or lithium batteries that
are transported with these batteries installed. Examples of such items
are electrically-powered cars, lawn mowers, wheelchairs, and other
mobility aids. Self-propelled vehicles or equipment that also contain
an internal combustion engine must be consigned under the entry
``Engine, internal combustion, flammable gas powered'' or ``Engine,
internal combustion, flammable liquid powered'' or ``Vehicle, flammable
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate.
These entries include hybrid electric vehicles powered by both an
internal combustion engine and batteries. Additionally, self-propelled
vehicles or equipment that contain a fuel cell engine must be consigned
under the entries ``Engine, fuel cell, flammable gas powered'' or
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel
cell, flammable gas powered'' or ``Vehicle, fuel cell, flammable liquid
powered,'' as appropriate. These entries include hybrid electric
vehicles powered by a fuel cell engine, an internal combustion engine,
and batteries.
135 Internal combustion engines installed in a vehicle must be
consigned under the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. These entries
include hybrid electric vehicles powered by both an internal combustion
engine and wet, sodium or lithium batteries installed. If a fuel cell
engine is installed in a vehicle, the vehicle must be consigned using
the entries ``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle,
fuel cell, flammable liquid powered,'' as appropriate. These entries
include hybrid electric vehicles powered by a fuel cell, an internal
combustion engine, and wet, sodium or lithium batteries installed.
* * * * *
149 Except for transportation by aircraft, when transported as a
limited quantity or a consumer commodity, the maximum net capacity
specified in Sec. 173.150(b)(2) of this subchapter for inner
packagings may be increased to 5 L (1.3 gallons).
* * * * *
167 These storage systems must always be considered as containing
hydrogen. A metal hydride storage system installed in or intended to be
installed in a vehicle or equipment or in vehicle or equipment
components must be approved for transport by the Associate
Administrator. A copy of the approval must accompany each shipment.
* * * * *
198 Nitrocellulose solutions containing not more than 20%
nitrocellulose may be transported as paint, perfumery products, or
printing ink, as applicable, provided the nitrocellulose contains no
more 12.6% nitrogen (by dry mass). See UN1210, UN1263, UN1266, UN3066,
UN3469, and UN3470.
* * * * *
340 This entry applies only to the vessel transportation of nickel-
metal hydride batteries as cargo. Nickel-metal hydride button cells or
nickel-metal hydride cells or batteries packed with or contained in
battery-powered devices transported by vessel are not subject to the
requirements of this special provision. See ``Batteries, dry, sealed,
n.o.s.'' in the Sec. 172.101 Hazardous Materials Table (HMT) of this
part for transportation requirements for nickel-metal hydride batteries
transported by other modes and for nickel-metal hydride button cells or
nickel-metal hydride cells or batteries packed with or contained in
battery-powered devices transported by vessel. Nickel-metal hydride
batteries subject to this special provision are subject only to the
following requirements: (1) The batteries must be prepared and packaged
for transport in a manner to prevent a dangerous evolution of heat,
short circuits, and damage to terminals; and are subject to the
incident reporting in accordance with Sec. 171.16 of this subchapter
if a fire, violent rupture, explosion or dangerous evolution of heat
(i.e., an amount of heat sufficient to be dangerous to packaging or
personal safety to include charring of packaging, melting of packaging,
scorching of packaging, or other evidence) occurs as a direct result of
a nickel metal hydride battery; and (2) when loaded in a cargo
transport unit in a total quantity of 100 kg gross mass or more, the
shipping paper requirements of Subpart C of this part, the manifest
requirements of Sec. 176.30 of this subchapter, and the vessel stowage
requirements assigned to this entry in Column (10) of the Sec. 172.101
Hazardous Materials Table.
* * * * *
342 Glass inner packagings (such as ampoules or capsules) intended
only for use in sterilization devices, when containing less than 30 mL
of ethylene oxide per inner packaging with not more than 300 mL per
outer packaging, may be transported in accordance with Sec. 173.4a of
this subchapter, irrespective of the restriction of Sec. 173.4a(b)
provided that:
a. After filling, each glass inner packaging must be determined to
be leak-tight by placing the glass inner packaging in a hot water bath
at a temperature and for a period of time sufficient to ensure that an
internal pressure equal to the vapor pressure of ethylene oxide at 55
[deg]C is achieved. Any glass inner packaging showing evidence of
leakage, distortion or other defect under this test must not be
transported under the terms of this special provision;
b. In addition to the packaging required in Sec. 173.4a, each
glass inner packaging must be placed in a sealed plastic bag compatible
with ethylene oxide and capable of containing the contents in the event
of breakage or leakage of the glass inner packaging; and
c. Each glass inner packaging is protected by a means of preventing
puncture of the plastic bag (e.g., sleeves or cushioning) in the event
of damage to the packaging (e.g., by crushing).
343 A bulk packaging that emits hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard must be marked as specified in Sec. 172.327of this
part.
345 ``Nitrogen, refrigerated liquid (cryogenic liquid), UN1977''
transported in open cryogenic receptacles with a maximum capacity of 1
L are not subject to the requirements of this subchapter. The
receptacles must be constructed with glass double walls having the
space between the walls vacuum insulated and each receptacle must be
transported in an outer packaging with sufficient cushioning and
absorbent materials to protect the receptacle from damage.
346 ``Nitrogen, refrigerated liquid (cryogenic liquid), UN1977''
transported in accordance with the requirements for open cryogenic
receptacles in Sec. 173.320 and this special provision are not subject
to any other requirements of this subchapter. The receptacle must
contain no hazardous materials other than the

[[Page 3364]]

liquid nitrogen which must be fully absorbed in a porous material in
the receptacle.
347 Effective July 1, 2011, for transportation by aircraft, this
entry may only be used if the results of Test series 6(d) of Part I of
the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter) have demonstrated that any hazardous effects from
accidental functioning are confined to within the package. Effective
January 1, 2012, for transportation by vessel, this entry may only be
used if the results of Test Series 6(d) of Part I of the UN Manual of
Tests and Criteria (IBR, see Sec. 171.7 of this subchapter) have
demonstrated that any hazardous effects from accidental functioning are
confined to within the package. Effective January 1, 2014, for
transportation domestically by highway or rail, this entry may only be
used if the results of Test Series 6(d) of Part I of the UN Manual of
Tests and Criteria (IBR, see Sec. 171.7 of this subchapter) have
demonstrated that any hazardous effects from accidental functioning are
confined to within the package. Testing must be performed or witnessed
by a person who is approved by the Associate Administrator (see Sec.
173.56(b) of this subchapter). All successfully conducted tests or
reassignment to another compatibility group require the issuance of a
new or revised approval by the Associate Administrator prior to
transportation on or after the dates specified for each authorized mode
of transport in this special provision.
349 Mixtures of hypochlorite with an ammonium salt are forbidden
for transport. A hypochlorite solution, UN1791, is a Class 8 corrosive
material.
350 Ammonium bromate, ammonium bromate aqueous solutions, and
mixtures of a bromate with an ammonium salt are forbidden for
transport.
351 Ammonium chlorate, ammonium chlorate aqueous solutions, and
mixtures of a chlorate with an ammonium salt are forbidden for
transport.
352 Ammonium chlorite, ammonium chlorite aqueous solutions, and
mixtures of a chlorite with an ammonium salt are forbidden for
transport.
353 Ammonium permanganate, ammonium permanganate aqueous solutions,
and mixtures of a permanganate with an ammonium salt are forbidden for
transport.
357 A bulk packaging that emits hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard must be marked as specified in Sec. 172.327 of this
part.
(2) * * *

Code/Special Provisions

* * * * *
A112 Notwithstanding the quantity limits shown in Column (9A) and
(9B) for this entry, the following IBCs are authorized for
transportation aboard passenger and cargo-only aircraft. Each IBC may
not exceed a maximum net quantity of 1,000 kg:
a. Metal: 11A, 11B, 11N, 21A, 21B and 21N
b. Rigid plastics: 11H1, 11H2, 21H1 and 21H2
c. Composite with plastic inner receptacle: 11HZ1, 11HZ2, 21HZ1 and
21HZ2
d. Fiberboard: 11G
e. Wooden: 11C, 11D and 11F (with inner liners)
f. Flexible: 13H2, 13H3, 13H4, 13H5, 13L2, 13L3, 13L4, 13M1 and
13M2 (flexible IBCs must be sift-proof and water resistant or must be
fitted with a sift-proof and water resistant liner).
* * * * *
(4) * * *

Table 1--IB Codes (IBC Codes)
------------------------------------------------------------------------
IBC code Authorized IBCs
------------------------------------------------------------------------
IB1.......................... Authorized IBCs: Metal (31A, 31B and
31N).
Additional Requirement: Only liquids with
a vapor pressure less than or equal to
110 kPa at 50 [deg]C (1.1 bar at 122
[deg]F), or 130 kPa at 55 [deg]C (1.3
bar at 131 [deg]F) are authorized.
IB2.......................... Authorized IBCs: Metal (31A, 31B and
31N); Rigid plastics (31H1 and 31H2);
Composite (31HZ1).
Additional Requirement: Only liquids with
a vapor pressure less than or equal to
110 kPa at 50 [deg]C (1.1 bar at 122
[deg]F), or 130 kPa at 55 [deg]C (1.3
bar at 131 [deg]F) are authorized.
IB3.......................... Authorized IBCs: Metal (31A, 31B and
31N); Rigid plastics (31H1 and 31H2);
Composite (31HZ1 and 31HA2, 31HB2,
31HN2, 31HD2 and 31HH2).
Additional Requirement: Only liquids with
a vapor pressure less than or equal to
110 kPa at 50 [deg]C (1.1 bar at 122
[deg]F), or 130 kPa at 55 [deg]C (1.3
bar at 131 [deg]F) are authorized,
except for UN2672 (also see Special
Provision IP8 in Table 2 for UN2672).
IB4.......................... Authorized IBCs: Metal (11A, 11B, 11N,
21A, 21B and 21N).
IB5.......................... Authorized IBCs: Metal (11A, 11B, 11N,
21A, 21B and 21N); Rigid plastics (11H1,
11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 21HZ1 and 31HZ1).
IB6.......................... Authorized IBCs: Metal (11A, 11B, 11N,
21A, 21B and 21N); Rigid plastics (11H1,
11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
31HZ1 and 31HZ2).
Additional Requirement: Composite IBCs
11HZ2 and 21HZ2 may not be used when the
hazardous materials being transported
may become liquid during transport.
IB7.......................... Authorized IBCs: Metal (11A, 11B, 11N,
21A, 21B and 21N); Rigid plastics (11H1,
11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
31HZ1 and 31HZ2); Wooden (11C, 11D and
11F).
Additional Requirement: Liners of wooden
IBCs must be sift-proof.
IB8.......................... Authorized IBCs: Metal (11A, 11B, 11N,
21A, 21B and 21N); Rigid plastics (11H1,
11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
31HZ1 and 31HZ2); Fiberboard (11G);
Wooden (11C, 11D and 11F); Flexible
(13H1, 13H2, 13H3, 13H4, 13H5, 13L1,
13L2, 13L3, 13L4, 13M1 or 13M2).
IB9.......................... IBCs are only authorized if approved by
the Associate Administrator.
------------------------------------------------------------------------

* * * * *
(7) * * *
(ii) The following table specifies the portable tank requirements
applicable to ``T'' Codes T1 through T22. Column 1 specifies the ``T''
Code. Column 2 specifies the minimum test pressure, in bar (1 bar =
14.5 psig), at which the periodic hydrostatic testing required by Sec.
180.605 of this subchapter must be conducted. Column 3 specifies the
section reference for minimum shell thickness or, alternatively, the
minimum shell thickness value. Column 4 specifies the applicability of
Sec. 178.275(g)(3) of this subchapter for the pressure relief devices.
When the word ``Normal'' is indicated, Sec. 178.275(g)(3) of this
subchapter does not apply. Column 5 references applicable requirements
for bottom openings in part 178 of this

[[Page 3365]]

subchapter. ``Prohibited'' means bottom openings are prohibited, and
``Prohibited for liquids'' means bottom openings are authorized for
solid material only. The table follows:

Table of Portable Tank T Codes T1-T22
[Portable tank codes T1-T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are
transported in portable tanks.]
----------------------------------------------------------------------------------------------------------------
Minimum shell thickness Pressure relief Bottom opening
Portable tank instruction Minimum test (in mm-reference steel) requirements (See requirements (See
pressure (bar) (See Sec. 178.274(d)) Sec. 178.275(g)) Sec. 178.275(d))
(1) (2) (3)..................... (4)................ (5)
----------------------------------------------------------------------------------------------------------------

* * * * * * *
T9....................... 4 6 mm.................... Normal............. Prohibited for
liquids.
Sec.
178.275(d)(2)

* * * * * * *

T21...................... 10 10 mm................... Normal............. Prohibited for
liquids.
Sec.
178.275(d)(2)

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

* * * * *
(8) * * *

Code/Special Provisions

* * * * *
TP36 For material assigned this portable tank special provision,
portable tanks used to transport such material may be equipped with
fusible elements in the vapor space of the portable tank.
* * * * *
(9) * * *

Code/Special Provisions

W1 This substance in a non friable prill or granule form is not
subject to the requirements of this subchapter when tested in
accordance with the UN Manual of Test and Criteria (IBR, see Sec.
171.7 of this subchapter) and is found to not meet the definition or
criteria for inclusion in Division 5.1.
* * * * *

0
9. In Sec. 172.200, paragraph (b)(3) is revised to read as follows:

Sec. 172.200 Applicability.

* * * * *
(b) * * *
(3) A limited quantity package unless the material is offered or
intended for transportation by air or vessel and, until December 31,
2013, a package of ORM-D material authorized by this subchapter in
effect on October 1, 2010 when offered for transportation by highway or
rail.
* * * * *

0
10. In Sec. 172.203, paragraph (b) is revised to read as follows:

Sec. 172.203 Additional description requirements.

* * * * *
(b) Limited quantities. When a shipping paper is required by this
subchapter, the description for a material offered for transportation
as ``limited quantity,'' as authorized by this subchapter, must include
the words ``Limited Quantity'' or ``Ltd Qty'' following the basic
description.
* * * * *

0
11. In Sec. 172.300, paragraph (c) is added to read as follows:

Sec. 172.300 Applicability.

* * * * *
(c) Unless otherwise provided in a specific rule, stocks of
preprinted packagings marked in accordance with this subpart prior to
the effective date of a final rule may be continued in use, in the
manner previously authorized, until depleted or for a one-year period
subsequent to the compliance date of the marking amendment, whichever
is less.

0
12. In Sec. 172.301, paragraph (a)(1) is revised to read as follows:

Sec. 172.301 General marking requirements for non-bulk packagings.

(a) Proper shipping name and identification number. (1) Except as
otherwise provided by this subchapter, each person who offers a
hazardous material for transportation in a non-bulk packaging must mark
the package with the proper shipping name and identification number
(preceded by ``UN'', ``NA'' or ``ID,'' as appropriate) for the material
as shown in the Sec. 172.101 Table.
* * * * *

0
13. In Sec. 172.312, paragraph (c)(5) is revised to read as follows:

Sec. 172.312 Liquid hazardous materials in non-bulk packagings.

* * * * *
(c) * * *
(5) A non-bulk package with hermetically sealed inner packagings
not exceeding 500 mL each.
* * * * *

0
14. Section 172.315 is revised to read as follows:

Sec. 172.315 Limited quantities.

(a) Except for transportation by aircraft or as otherwise provided
in this subchapter, a package containing a limited quantity of
hazardous material is not required to be marked with the proper
shipping name and identification (ID) number when marked in accordance
with the white square-on-point limited quantity marking as follows:
(1) The limited quantity marking must be durable, legible and of a
size relative to the package that is readily visible. The marking must
be applied on at least one side or one end of the outer packaging. The
width of the border forming the square-on-point must be at least 2 mm
and the minimum dimension of each side must be 100 mm unless the
package size requires a reduced size marking that must be no less than
50 mm on each side. When intended for transportation by vessel, a cargo
transport unit (see Sec. 176.2 of this

[[Page 3366]]

subchapter) containing only limited quantity material must be suitably
marked on one side or end of the exterior of the unit with an identical
mark except that it must have minimum dimensions of 250 mm on each
side.
(2) The top and bottom portions of the square-on-point and the
border forming the square-on-point must be black and the center white
or of a suitable contrasting background as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.032

(b) For transportation by aircraft, a limited quantity package
conforming to Table 3 of Sec. 173.27(f) of this subchapter must be
marked as follows:
(1) The marking must be durable, legible and of a size relative to
the package as to be readily visible. The marking must be applied on at
least one side or one end of the outer packaging. The width of the
border forming the square-on-point must be at least 2 mm and the
minimum dimension of each side must be 100 mm unless the package size
requires a reduced size marking that must be no less than 50 mm on each
side.
(2) The top and bottom portions of the square-on-point and the
border forming the square-on-point must be black and the center white
or of a suitable contrasting background and the symbol ``Y'' must be
black and located in the center of the square-on-point and be clearly
visible as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.033

(c) As applicable, package markings required by this subpart (e.g.,
technical name, ``RQ'') must be in association with the marking
required by paragraph (a) or (b) of this section.
(d) Transitional exception. Except for transportation by aircraft,
until December 31, 2013, a package properly marked in accordance with
Sec. 172.316 is not required to be marked with the limited quantity
marking required by this section. For transportation by aircraft, until
December 31, 2012, a package properly marked in accordance with Sec.
172.316 is not required to be marked with the limited quantity marking
required by this section.

0
15. In Sec. 172.316, paragraphs (a)(1) and (2) are revised to read as
follows:

[[Page 3367]]

Sec. 172.316 Packagings containing materials classed as ORM-D.

(a) * * *
(1) Until December 31, 2012, ORM-D-AIR for an ORM-D that is
prepared for air shipment and packaged in accordance with Sec. Sec.
173.63, 173.150 through 173.155, 173.306 and the applicable
requirements in Sec. 173.27.
(2) Until December 31, 2013, ORM-D for an ORM-D that is packaged in
accordance with Sec. Sec. 173.63, 173.150 through 173.155 and 173.306.
* * * * *

0
16. In Sec. 172.322, paragraph (d)(4) is added to read as follows:

Sec. 172.322 Marine pollutants.

* * * * *
(d) * * *
(4) On a package of limited quantity material marked in accordance
with Sec. 172.315 of this part.
* * * * *

0
17. In Sec. 172.324,
0
a. The first sentence in paragraph (a) is revised;
0
b. Paragraph (b) is revised; and
0
c. Paragraph (c) is added.
The revisions and addition read as follows:

Sec. 172.324 Hazardous substances in non-bulk packagings.

* * * * *
(a) Except for packages of radioactive material labeled in
accordance with Sec. 172.403, if the proper shipping name of a
material that is a hazardous substance does not identify the hazardous
substance by name, the name of the hazardous substance must be marked
on the package, in parentheses, in association with the proper shipping
name. * * *
(b) The letters ``RQ'' must be marked on the package in association
with the proper shipping name.
(c) A package of limited quantity material marked in accordance
with Sec. 172.315 must also be marked in accordance with the
applicable requirements of this section.

0
18. In Sec. 172.326, in paragraph (a), a second sentence is added to
read as follows:

Sec. 172.326 Portable tanks.

(a) Shipping name. * * * For transportation by vessel, the minimum
height for a proper shipping name marked on a portable tank is 65 mm
(2.5 inches).
* * * * *

0
19. In Subpart D, Sec. 172.327 is added to read as follows:

Sec. 172.327 Petroleum sour crude oil in bulk packaging.

A Bulk packaging used to transport petroleum crude oil containing
hydrogen sulfide (i.e., sour crude oil) in sufficient concentration
that vapors evolved from the crude oil may present an inhalation hazard
must include a marking, label, tag, or sign to warn of the toxic hazard
as follows:
(a) The marking must be durable, legible and of a size relative to
the package as to be readily visible and similar to the illustration
shown in this paragraph with the minimum dimension of each side of the
marking at least 100 mm (3.9 inches). The width of the border forming
the square-on-point marking must be at least 5 mm. The marking must be
displayed at each location (e.g., manhole, loading head) where exposure
to hydrogen sulfide vapors may occur.
(b) The border of the square-on-point must be black or red on a
white or other suitable contrasting background. The symbol must be
black and located in the center of the square-on-point and be clearly
visible as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.034

(c) As an alternative to the marking required in (a) and (b) of
this section, a label, tag, or sign may be displayed at each location
(e.g., manhole, loading head) where exposure to hydrogen sulfide vapors
may occur. The label, tag, or sign must be durable, in English, and
printed legibly and of a size relative to the package with a warning
statement such as ``Danger, Possible Hydrogen Sulfide Inhalation
Hazard'' to communicate the possible risk of exposure to harmful
concentrations of hydrogen sulfide gas.

0
20. In Sec. 172.500, paragraph (b)(3) is revised to read as follows:

Sec. 172.500 Applicability of placarding requirements.

* * * * *
(b) * * *
(3) Hazardous materials authorized by this subchapter to be offered
for transportation as a limited quantity when identified as such on a
shipping paper in accordance with Sec. 172.203(b) or when marked as
such in accordance with Sec. 172.315.

0
21. In Sec. 172.502, paragraph (b)(2) is revised to read as follows:

Sec. 172.502 Prohibited and permissive placarding.

* * * * *
(b) * * *
(2) The restrictions of paragraph (a) of this section do not apply
to the display of a BIOHAZARD marking, a ``HOT''

[[Page 3368]]

marking, a sour crude oil hazard marking, or an identification number
on a white square-on-point configuration in accordance with Sec. Sec.
172.323(c), 172.325(c), 172.327(a), or 172.336(b) of this part,
respectively.
* * * * *

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

0
22. 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
23. In Sec. 173.4, paragraphs (a) introductory text and (c) are
revised and paragraph (a)(1)(v) is added 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, quantities of Division 2.2 (except aerosols with no
subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and
III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials are not subject
to any other requirements when--
(1) * * *
(v) Thirty (30) mL water capacity (1.8 cubic inches) for authorized
Division 2.2 materials.
* * * * *
(c) Packages which contain a Class 2 (other than those authorized
in paragraph (a) of this section), Division 4.2 (PG I), or Division 4.3
(PG I) material conforming to paragraphs (a)(1) through (10) of this
section may be offered for transportation or transported if approved by
the Associate Administrator.
* * * * *

0
24. In Sec. 173.4a, paragraphs (a)(4) and (g)(3) are added and
paragraphs (b)(1), (b)(5), and (d)(3) are revised to read as follows:

Sec. 173.4a Excepted quantities.

(a) * * *
(4) Packagings for which retention of liquid is a basic function
must be capable of withstanding without leakage the pressure
differential specified in Sec. 173.27(c) of this part.
(b) * * *
(1) Division 2.2 material with no subsidiary hazard. An aerosol is
not included as authorized Division 2.2 material;
* * * * *
(5) Division 5.2 materials only when contained in a chemical kit,
first aid kit or a polyester resin kit;
* * * * *
(d) * * *
(3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 500
mL (0.1 gallons) for liquids.
* * * * *
(g) * * *
(3) When packages of excepted quantities are contained in an
overpack, and the package marking required by this section is not
visible inside the overpack, the excepted quantities marking must also
be placed on the overpack. Additionally, an overpack containing
packages of excepted quantities is not required to be marked with the
word ``OVERPACK.''
* * * * *

0
25. In Sec. 173.4b, paragraph (b) is added to read as follows:

Sec. 173.4b De minimis exceptions.

* * * * *
(b) Non-infectious specimens, such as specimens of mammals, birds,
amphibians, reptiles, fish, insects and other invertebrates containing
small quantities of Ethanol (UN1170), Formaldehyde solution, flammable
(UN1198), Alcohols, n.o.s. (UN1987) and Isopropanol (UN1219) are not
subject to the requirements of this subchapter provided the following
packaging, marking and documentation provisions, as applicable, are
met:
(1) The specimens are:
(i) Wrapped in a paper towel or cheesecloth moistened with alcohol
or an alcohol solution and placed in a plastic bag that is heat-sealed.
Any free liquid in the bag must not exceed 30 mL; or
(ii) Placed in vials or other rigid containers with no more than 30
mL of alcohol or alcohol solution. The containers are placed in a
plastic bag that is heat-sealed;
(2) The bagged specimens are placed in another plastic bag with
sufficient absorbent material to absorb the entire liquid contents
inside the primary receptacle. The outer plastic bag is then heat-
sealed;
(3) The completed bag is placed in a strong outer packaging with
sufficient cushioning material that conforms to subpart B of part 173;
(4) The aggregate net quantity of flammable liquid in one outer
packaging may not exceed 1 L; and
(5) The outer package must be legibly marked ``Scientific research
specimens, 49 CFR 173.4b applies.''
(6) Documentation. (i) For transportation by highway or rail, no
shipping paper is required.
(ii) For transport by air, a shipping paper is not required, except
that, if a document such as an air waybill accompanies a shipment of
specimens containing hazardous materials excepted under the terms of
this section, the document must include the statement ``Scientific
research specimens, 49 CFR 173.4b applies'' and the number of packages
indicated.
(iii) For transport by vessel, a shipping paper is not required;
however, the Dangerous Cargo Manifest must include the statement
``Scientific research specimens, 49 CFR 173.4b applies'' and the number
of packages indicated. Vessel stowage is the same as for hazardous
materials in excepted quantities.
(7) Training. Each person who offers or transports excepted
quantities of hazardous materials must know about the requirements of
this section.
(8) Restrictions. For transportation by aircraft, hazardous
material packaged in accordance with this section may not be carried in
checked or carry-on baggage by a passenger or crew member.

0
26. In Sec. 173.25, paragraph (a)(6) is added to read as follows:

Sec. 173.25 Authorized packagings and overpacks.

(a) * * *
(6) Where packages of limited quantity materials are overpacked
and, until December 31, 2012 or December 31, 2013, packages bearing the
ORM-D AIR or ORM-D marking, respectively, must be marked ``OVERPACK''
unless all marking required by this section are visible. Where packages
of excepted quantities (see Sec. 173.4a of this part) are overpacked
and all required markings are not visible through the overpack, they
must be repeated on the overpack. An overpack containing packages of
excepted quantities is not required to be marked ``OVERPACK.''
* * * * *

0
27. In Sec. 173.27, remove paragraph (f) introductory text and add
paragraphs (f)(1) through (3) and table 3 to read as follows:

Sec. 173.27 General requirements for transportation by aircraft.

* * * * *
(f) Combination packagings. (1) Excepted quantities. For authorized
materials and inner and outer package quantity limits for combination
packages of excepted quantities intended for transportation by
aircraft, see Sec. 173.4a of this part. Unless otherwise specified in
this part, or in Subpart C of part 171 of this subchapter, when
combination packagings are intended for transportation aboard an

[[Page 3369]]

aircraft, inner packagings must conform to the quantity limitations set
forth in table 1 of this paragraph for transport aboard passenger-
carrying aircraft and table 2 of this paragraph for transport aboard
cargo-only aircraft.
(2) Limited quantities. (i) Unless otherwise specified in this
part, or in Subpart C of Part 171 of this subchapter, when a limited
quantity of authorized hazardous material packaged in a combination
packaging is intended for transportation aboard an aircraft, the inner
packagings must conform to the quantity limitations set forth in table
3 of this paragraph. Materials must be authorized for transportation
aboard a passenger-carrying aircraft (see Column (9A) of the Sec.
172.101 Hazardous Materials Table). Substances or articles not
authorized as limited quantity by aircraft are:
(A) Those in Packing Group I;
(B) Class 1 (explosive) and Class 7 (radioactive) material;
(C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and
Receptacles, small (UN2037) without subsidiary risk) and Division 2.3
(toxic gas);
(D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible)
(primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);
(E) Division 5.2 (organic peroxide) (except when contained in a
Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269)
(Types D, E and F non-temperature controlled only));
(F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809,
3028; and
(G) All Class 9 (miscellaneous) materials except for UN1941,
UN1990, UN2071, UN3077, UN3082, UN3316.
(ii) Effective January 1, 2012, packages must be marked with the
limited quantity ``Y'' mark as prescribed in Sec. 172.315 of this part
when conforming to Table 3 of this paragraph. Until December 31, 2012,
a package may instead be marked with the proper shipping name
``Consumer commodity'' and ``ORM-D-AIR'' (including ``Charcoal, NA1361)
if it contains a consumer commodity, as authorized by this subchapter
in effect on October 1, 2010.
(iii) Strong outer packagings are required and a completed package
may not exceed 30 kg (66 lbs) gross weight.
(iv) A secondary means of closure required for all liquids
contained in inner packagings. If this requirement cannot be satisfied,
the use of an intermediate and leakproof form of containment, such as a
liner, is required.
(v) Packages must be capable of passing a 1.2 m drop test on to a
rigid, non-resilient, flat and horizontal surface, in the position most
likely to cause damage. The criteria for passing the test is that the
outer packaging must not exhibit any damage affecting safety in
transport and there must be no leakage from the inner packagings.
(vi) Each package must be capable of withstanding, without breakage
or leakage of any inner packaging, a force applied to the top surface
for a duration of 24 hours equivalent to the total weight of identical
packages if stacked to a height of 3 m (including the test sample).
(vii) Except for UN3082, inner packagings of combination packagings
containing liquids must be capable of passing the appropriate pressure
differential test prescribed in paragraph (c) of this section.
(3) The tables are as follows:
* * * * *

Table 3--Maximum Net Quantity of Each Inner Packaging for Materials Authorized for Transportation as Limited
Quantity by Aircraft
----------------------------------------------------------------------------------------------------------------
Maximum authorized net quantity of
each inner packaging
---------------------------------------- Maximum authorized
Hazard class or division Glass, earthenware net quantity of Notes
or fiber inner Metal or plastic each outer package
packagings inner packagings
----------------------------------------------------------------------------------------------------------------
Class 1......................... Forbidden. See
Sec. 173.63.
Class 2......................... 30 kg Gross....... Authorized
materials:
Aerosols (UN1950)
in Divisions 2.1
and 2.2, and
Receptacles,
small (UN2037) in
Divisions 2.1 and
2.2 without
subsidiary risk
and Fuel cells
cartridges
(UN3478, UN3479),
see Sec.
173.230 of this
part.
Class 3......................... PG I: Forbidden...
PG II: 0.5L....... PG II: 0.5L....... PG II: 1L*........ *Maximum net
quantity per
outer package
with corrosive
subsidiary risk
(e.g., UN2924,
UN3286) is 0.5L.
For Class 3
materials
contained in a
Polyester resin
kit (UN3269), see
Sec. 173.165 of
this part. For
Fuel cell
cartridges
containing
flammable liquids
(UN3473), see
Sec. 173.230 of
this part.
PG III: 2.5L*..... PG III: 5.0L*..... PG III: 10L*...... *Maximum net
*Corrosive *Corrosive quantity per
subsidiary risk subsidiary risk outer package
(e.g., UN2924) or (e.g., UN2924) or with corrosive
toxic (e.g., toxic (e.g., subsidiary risk
UN1992) is 1L. UN1992) is 1L. (e.g., UN2924) is
1L and toxic
subsidiary risk
(e.g., UN1992) is
2L.
Division 4.1 (does not include PG I: Forbidden...
self-reactive material).
PG II: 0.5 kg..... PG II: 0.5 kg..... PG II: 5 kg*...... *Maximum net
quantity per
outer package
with toxic
subsidiary risk
(e.g., UN3179) is
1 kg.
PG III: 1 kg...... PG III: 1 kg...... PG III: 10 kg*.... *Maximum net
quantity per
outer package
with corrosive
subsidiary risk
(e.g., UN3180) is
5 kg.

[[Page 3370]]

Division 4.2 (Primary or Forbidden*........ .................. 25 kg (net mass)*. *Until December
subsidiary). 31, 2012,
Charcoal
(NA1361), PG III,
may be
transported as a
limited quantity
and may be
renamed Consumer
commodity and
reclassed ORM-D-
AIR, if eligible.
Division 4.3 (solid material PG I solids and
only). all liquids
regardless of
Packing Group:
Forbidden.
PG II: 0.5 kg..... PG II: 0.5 kg..... PG II: 5 kg*...... *Maximum net
quantity per
outer package
with toxic
subsidiary risk
(e.g., UN3134) is
1 kg. For fuel
cell cartridges
containing water
reactive
substances
(UN3476), see
Sec. 173.230 of
this part.
PG III: 1 kg...... PG III: 1 kg...... PG III: 10 kg*.... *Maximum net
quantity per
outer package
with corrosive or
flammable
subsidiary risk
(e.g., UN3131 or
UN3132,
respectively) is
5 kg.
Division 5.1 (Liquid or solid PG I: Forbidden...
material).
Division 5.1 (liquid material).. PG II: 0.1L....... PG II: 0.1L....... PG II: 0.5L.......
PG III: 0.5L...... PGIII: 0.5L....... PG III: 1.0L......
Division 5.1 (solid material)... PG II: 0.5 kg..... PG II: 0.5 kg..... PG II: 2.5 kg*.... *Maximum net
quantity per
outer package
with toxic
subsidiary risk
(e.g., UN3087) is
1 kg.
PG III: 1.0 kg.... PG III: 1.0 kg.... PG III: 10 kg*.... *Maximum net
quantity per
outer package
with corrosive
subsidiary risk
(e.g., UN3085) is
1 kg.
Division 5.2 (liquid material).. 30 mL............. 30 mL............. 1 kg.............. Authorized
materials: Types
D, E and F are
authorized only
as part of a
Chemical or First
aid kit (UN3316)
in accordance
with Sec.
173.161 of this
part or a
Polyester resin
kit (UN3269) in
accordance with
Sec. 173.165 of
this part.
Division 5.2 (solid material)... 100g.............. 100g.............. 1 kg..............
Division 6.1.................... PG I (Inhalation
or otherwise):
Forbidden.
Division 6.1 (liquid material).. PG II: 0.1L....... PG II: 0.1L....... PG II: 1.0L*...... *Maximum net
quantity per
outer package
with corrosive
subsidiary risk
(e.g., UN3289) is
0.5L.
PG III: 0.5L...... PGIII: 0.5L....... PG III: 2.0L......
Division 6.1 (solid material)... PG II: 0.5 kg..... PG II: 0.5 kg..... PG II: 1.0 kg.....
PG III: 1.0 kg.... PG III: 1.0 kg.... PG III: 10 kg.....
Class 7......................... Forbidden.........
Class 8......................... PG I: Forbidden...
Class 8 (liquid material)....... PG II: 0.1L....... PG II: 0.1L....... PG II: 0.5L....... For ``Fuel cell
cartridges
containing
corrosive
substances''
(UN3477), see
Sec. 173.230 of
this part.
PG III: 0.5L...... PGIII: 0.5L....... PG III: 1.0L......
Class 8 (solid material)........ PG II: 0.5 kg..... PG II: 0.5 kg..... PG II: 5.0 kg*.... *Maximum net
quantity per
outer package for
UN2430 is 1.0 kg.
UN2794, UN2795,
UN2803, UN2809,
UN3028 are not
authorized as
limited quantity.
PG III: 1.0 kg.... PG III: 1.0 kg.... PG III: 5.0 kg....
Class 9 (liquid material)....... 30 mL (UN3316); 30 mL (UN3316); 1 kg (UN3316); 30 Authorized
5.0L (UN1941, 5.0L (UN1941, kg (all other materials:
UN1990, UN3082) UN1990, UN3082) authorized Class UN1941, UN1990,
100 g (UN3316); 100 g (UN3316); 9 material). UN2071, UN3077,
5.0 kg (UN2071, 5.0 kg (UN2071, UN3082, and
UN3077). UN3077). UN3316 only.
Additionally,
Consumer
commodity
(ID8000) in
accordance with
Sec. 173.167 of
this part and
Chemical kit or
First aid kit
(UN3316) in
accordance with
Sec. 173.161of
this part are
authorized.

[[Page 3371]]

Class 9 (solid material)........ 100 g (UN3316); 100 g (UN3316);
5.0 kg (UN2071, 5.0 kg (UN2071,
UN3077). UN3077).
----------------------------------------------------------------------------------------------------------------

* * * * *
0
28. In Sec. 173.40, in paragraph (c)(1), a second sentence is added to
read as follows:

Sec. 173.40 General packaging requirements for toxic materials
packaged in cylinders.

* * * * *
(c) * * *
(1) * * * For UN pressure receptacles, each valve must be capable
of withstanding the test pressure of the pressure receptacle and be
connected directly to the pressure receptacle by either a taper thread
or other means which meets the requirements of ISO 10692-2: (IBR, see
Sec. 171.7 of this subchapter).
* * * * *

0
29. In Sec. 173.58, paragraph (a)(5) is revised to read as follows:

Sec. 173.58 Assignment of class and division for new explosives.

(a) * * *
(5) Division 1.4 Compatibility Group S (1.4S) if the hazardous
effects are confined within the package or the blast and projection
effects do not significantly hinder emergency response efforts. The UN
Test Type 6(d) is used to determine whether a Division 1.4S
classification is appropriate for an item assigned a proper shipping
name to which special provision 347 (see Sec. 172.102 of this
subchapter) applies; or
* * * * *

0
30. In Sec. 173.59, a definition for ``Phlegmatized'' is added in
alphabetical order to read as follows:

Sec. 173.59 Description of terms for explosives.

* * * * *
Phlegmatized. The term means that a substance (or ``phlegmatizer'')
has been added to an explosive to enhance its safety in handling and
transport. The phlegmatizer renders the explosive insensitive, or less
sensitive, to the following actions: heat, shock, impact, percussion or
friction. Typical phlegmatizing agents include, but are not limited to:
wax, paper, water, polymers (such as chlorofluoropolymers), alcohol and
oils (such as petroleum jelly and paraffin).
* * * * *

0
31. In Sec. 173.63, paragraph (b) is revised to read as follows:

Sec. 173.63 Packaging exceptions.

* * * * *
(b) Limited quantities of Cartridges, small arms, and cartridges
power devices. (1)(i) Cartridges, small arms, and Cartridges power
device (used to project fastening devices), that have been classed as
Division 1.4S explosive may be offered for transportation and
transported as limited quantities when packaged in accordance with
paragraph (b)(2) of this section. For transportation by aircraft, the
package must conform to the applicable requirements of Sec. 173.27 of
this part and, effective July 1, 2011, Cartridge, power devices must be
successfully tested under the UN Test Series 6(d) criteria for
reclassification as limited quantity material. Effective January 1,
2012, Cartridge, power devices must be successfully tested under the UN
Test Series 6(d) criteria for reclassification as limited quantity
material for transportation by highway, rail or vessel. Packages
containing such articles must be marked as prescribed in Sec. 172.315.
Packages containing such articles are not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel. Additionally, packages containing
these articles are excepted from the requirements of subparts E
(Labeling) and F (Placarding) of part 172 of this subchapter.
(ii) Until December 31, 2012, a package containing such articles
may be marked with the proper shipping name ``Cartridges, small arms''
or ``Cartridges, power device (used to project fastening devices)'' and
reclassed as ``ORM-D-AIR'' material if it contains properly packaged
articles as authorized by this subchapter on October 1, 2010.
Additionally, for transportation by aircraft, Cartridge, power devices
must be successfully tested under the UN Test Series 6(d) criteria for
reclassification as ORM-D-AIR material effective July 1, 2011. Until
December 31, 2013, a package containing such articles may be marked
with the proper shipping name ``Cartridges, small arms'' or
``Cartridges, power device (used to project fastening devices)'' and
reclassed as ``ORM-D'' material if it contains properly packaged
articles as authorized by this subchapter on October 1, 2010.
(iii) Cartridges, small arms and Cartridges power devices that may
be shipped as a limited quantity or ORM-D material are as follows:
(A) Ammunition for rifle, pistol or shotgun;
(B) Ammunition with inert projectiles or blank ammunition;
(C) Ammunition having no tear gas, incendiary, or detonating
explosive projectiles;
(D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for
rifle or pistol, cartridges or 8 gauge for shotshells; and
(E) Cartridges, power devices which are used to project fastening
devices.
(2) Packaging for Cartridges, small arms and eligible Cartridge,
power devices as limited quantity or ORM-D material must be as follows:
(i) Ammunition must be packed in inside boxes, or in partitions
which fit snugly in the outside packaging, or in metal clips;
(ii) Primers must be protected from accidental initiation;
(iii) Inside boxes, partitions or metal clips must be packed in
securely-closed strong outside packagings;
(iv) Maximum gross weight is limited to 30 kg (66 pounds) per
package; and
(v) Cartridges, power devices which are used to project fastening
devices and 22 caliber rim-fire cartridges may be packaged loose in
strong outside packagings.
* * * * *

0
32. In Sec. 173.120, paragraphs (c)(1)(i) and (ii) are revised to read
as follows:

[[Page 3372]]

Sec. 173.120 Class 3--Definitions.

* * * * *
(c) * * *
(1) * * *
(i) For a homogeneous, single-phase, liquid having a viscosity less
than 45 S.U.S. at 38 [deg]C (100 [deg]F) that does not form a surface
film while under test, one of the following test procedures shall be
used:
(A) Standard Method of Test for Flash Point by Tag Closed Cup
Tester, (ASTM D 56) (IBR; see Sec. 171.7 of this subchapter);
(B) Standard Test Methods for Flash Point of Liquids by Small Scale
Closed-Cup Apparatus, (ASTM D 3278) (IBR; see Sec. 171.7 of this
subchapter); or
(C) Standard Test Methods for Flash Point by Small Scale Closed
Tester, (ASTM D 3828) (IBR; see Sec. 171.7 of this subchapter).
(ii) For a liquid other than one meeting all the criteria of
paragraph (c)(1)(i) of this section, one of the following test
procedures must be used:
(A) Standard Test Methods for Flash Point by Pensky-Martens Closed
Cup Tester, (ASTM D 93) (IBR; see Sec. 171.7 of this subchapter). For
cutback asphalt, use Method B of ASTM D 93 or alternative tests
authorized in this standard;
(B) Standard Test Methods for Flash Point of Liquids by Small Scale
Closed-Cup Apparatus (ASTM D 3278) (IBR; see Sec. 171.7 of this
subchapter);
(C) Determination of Flash/No Flash--Closed Cup Equilibrium Method
(ISO 1516) (IBR; see Sec. 171.7 of this subchapter);
(D) Determination of Flash point--Closed Cup Equilibrium Method
(ISO 1523) (IBR; see Sec. 171.7 of this subchapter);
(E) Determination of Flash Point--Pensky-Martens Closed Cup Method
(ISO 2719) (IBR; see Sec. 171.7 of this subchapter);
(F) Determination of Flash Point--Rapid Equilibrium Closed Cup
Method (ISO 3679) (IBR; see Sec. 171.7 of this subchapter);
(G) Determination of Flash/No Flash--Rapid Equilibrium Closed Cup
Method (ISO 3680) (IBR; see Sec. 171.7 of this subchapter); or
(H) Determination of Flash Point--Abel Closed-Cup Method (ISO
13736) (IBR; see Sec. 171.7 of this subchapter).
* * * * *
0
33. In Sec. 173.121, paragraph (a) is revised to read as follows:

Sec. 173.121 Class 3--Assignment of packing group.

(a)(1) The packing group of a Class 3 material is as assigned in
column 5 of the Sec. 172.101 Table. When the Sec. 172.101 Table
provides more than one packing group for a hazardous material, the
packing group must be determined by applying the following criteria:

------------------------------------------------------------------------
Packing group Flash point (closed-cup) Initial boiling point
------------------------------------------------------------------------
I................... ........................ <=35[deg]C
(95 [deg]F)
II.................. <23[deg]C (73 [deg]F)... >35 [deg]C
(95 [deg]F)
III................. >=23 [deg]C, <=60 [deg]C >35 [deg]C
(>=73 [deg]F, <=140 (95 [deg]F)
[deg]F).
------------------------------------------------------------------------

(2) The initial boiling point of a Class 3 material may be
determined by using one of the following test methods:
(i) Standard Test Method for Distillation of Petroleum Products at
Atmospheric Pressure (ASTM D 86) (IBR; see Sec. 171.7 of this
subchapter);
(ii) Standard Test Method for Distillation Range of Volatile
Organic Liquids (ASTM D 1078) (IBR; see Sec. 171.7 of this
subchapter);
(iii) Petroleum Products--Determination of Distillation
Characteristics at Atmospheric Pressure (ISO 3405) (IBR; see Sec.
171.7 of this subchapter);
(iv) Petroleum Products--Determination of Boiling Range
Distribution--Gas Chromatography Method (ISO 3924) (IBR; see Sec.
171.7 of this subchapter); or
(v) Volatile Organic Liquids--Determination of Boiling Range of
Organic Solvents Used as Raw Materials (ISO 4626) (IBR; see Sec. 171.7
of this subchapter).
* * * * *

0
34. In Sec. 173.124, paragraph (b)(2) is revised to read as follows:

Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

* * * * *
(b) * * *
(2) A self-heating material. A self-heating material is a material
that through a process where the gradual reaction of that substance
with oxygen (in air) generates heat. If the rate of heat production
exceeds the rate of heat loss, then the temperature of the substance
will rise which, after an induction time, may lead to self-ignition and
combustion. A material of this type which exhibits spontaneous ignition
or if the temperature of the sample exceeds 200 [deg]C (392 [deg]F)
during the 24-hour test period when tested in accordance with UN Manual
of Tests and Criteria (IBR; see Sec. 171.7 of this subchapter), is
classed as a Division 4.2 material.
* * * * *

0
35. In Sec. 173.136, paragraph (a) is revised to read as follows:

Sec. 173.136 Class 8--Definitions.

(a) For the purpose of this subchapter, ``corrosive material''
(Class 8) means a liquid or solid that causes full thickness
destruction of human skin at the site of contact within a specified
period of time. A liquid, or a solid which may become liquid during
transportation, that has a severe corrosion rate on steel or aluminum
based on the criteria in Sec. 173.137(c)(2) is also a corrosive
material. Whenever practical, in vitro test methods authorized in Sec.
173.137 of this part or historical data authorized in paragraph (c) of
this section should be used to determine whether a material is
corrosive.
* * * * *

0
36. In Sec. 173.137, in the introductory text, the second sentence is
revised and a third, fourth, and fifth sentence are added to read as
follows:

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

* * * When the Sec. 172.101 Table provides more than one packing
group for a Class 8 material, the packing group must be determined
using data obtained from tests conducted in accordance with the OECD
Guideline for the Testing of Chemicals, Number 435, ``In Vitro Membrane
Barrier Test Method for Skin Corrosion'' (IBR, see Sec. 171.7 of this
subchapter) or Number 404, ``Acute Dermal Irritation/Corrosion'' (IBR,
see Sec. 171.7 of this subchapter). A material that is determined not
to be corrosive in accordance with OECD Guideline for the Testing of
Chemicals, Number 430, ``In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)'' (IBR, see Sec. 171.7 of this
subchapter) or Number 431, ``In Vitro Skin Corrosion: Human Skin Model
Test'' (IBR, see Sec. 171.7 of this subchapter) may be considered not
to be corrosive to human skin for the purposes of this subchapter
without further testing. However, a material determined to be corrosive
in accordance with Number 430 or Number 431 must be further tested
using Number 435 or Number 404. The packing group assignment using data
obtained from tests conducted in accordance with OECD Guideline Number
404 or Number 435 must be as follows:
* * * * *

0
37. Section 173.144 is revised to read as follows:

Sec. 173.144 Other Regulated Materials (ORM)--Definitions.

Until December 31, 2013 and for the purposes of this subchapter,
``ORM-D material'' means a material such as a consumer commodity,
cartridges, small

[[Page 3373]]

arms or cartridges, power devices which, although otherwise subject to
the regulations of this subchapter, presents a limited hazard during
transportation due to its form, quantity and packaging. It must be a
material for which exceptions are provided in Column (8A) of the Sec.
172.101 Hazardous Materials Table.

0
38. In Sec. 173.150, paragraphs (b) and (c) are revised to read as
follows:

Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).

* * * * *
(b) Limited quantities. Limited quantities of flammable liquids
(Class 3) and combustible liquids are excepted from labeling
requirements, unless the material is offered for transportation or
transported by aircraft, and are excepted from the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. For transportation by aircraft,
the package must also conform to applicable requirements of Sec.
173.27 of this part (e.g., authorized materials, inner packaging
quantity limits and closure securement) and only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec. 173.156 of this part. In addition, shipments of
limited quantities are not subject to subpart F (Placarding) of part
172 of this subchapter. Each package must conform to the packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight. Except for transportation by aircraft, the
following combination packagings are authorized:
(1) For flammable liquids in Packing Group I, inner packagings not
over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer
packaging;
(2) For flammable liquids in Packing Group II, inner packagings not
over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer
packaging.
(3) For flammable liquids in Packing Group III and combustible
liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity
each, packed in a strong outer packaging.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
* * * * *

0
39. In Sec. 173.151, paragraphs (b), (c), and (d) are revised to read
as follows:

Sec. 173.151 Exceptions for Class 4.

* * * * *
(b) Limited quantities of Division 4.1. (1) Limited quantities of
flammable solids (Division 4.1) in Packing Groups II and III and, where
authorized by this section, charcoal briquettes (Division 4.2) in
Packing Group III, are excepted from labeling requirements, unless the
material is offered for transportation or transported by aircraft, and
are excepted from the specification packaging requirements of this
subchapter when packaged in combination packagings according to this
paragraph. For transportation by aircraft, the package must also
conform to applicable requirements of Sec. 173.27 of this part (e.g.,
authorized materials, inner packaging quantity limits and closure
securement) and only hazardous material authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. A limited
quantity package that conforms to the provisions of this section is not
subject to the shipping paper requirements of subpart C of part 172 of
this subchapter, unless the material meets the definition of a
hazardous substance, hazardous waste, marine pollutant, or is offered
for transportation and transported by aircraft or vessel, and is
eligible for the exceptions provided in Sec. 173.156 of this part. In
addition, shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
(i) For flammable solids in Packing Group II, inner packagings not
over 1.0 kg (2.2 pounds) net capacity each, packed in a strong outer
packaging.
(ii) For flammable solids in Packing Group III, inner packagings
not over 5.0 kg (11 pounds) net capacity each, packed in a strong outer
packaging.
(2) For transportation by highway or rail, Charcoal briquettes
(NA1361) may be packaged as a limited quantity in accordance with
paragraph (b) of this section in packagings not exceeding 30 kg gross
weight and are eligible for the exceptions provided in Sec. 173.156.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package (including Charcoal briquettes (NA1361)) containing a
``consumer commodity'' as defined in Sec. 171.8 of this subchapter,
may be renamed ``Consumer commodity'' and reclassed as ORM-D or, until
December 31, 2012, ORM-D-AIR material and offered for transportation
and transported in accordance with the applicable provisions of this
subchapter in effect on October 1, 2010. For transportation by
aircraft, the maximum net mass for Charcoal briquettes (NA1361) is 25
kg per package.
(d) Limited quantities of Division 4.3. Limited quantities of
dangerous when wet solids (Division 4.3) in Packing Groups II and III
are excepted from labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec. 173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec. 173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
(1) For dangerous when wet solids in Packing Group II, inner
packagings not over 0.5 kg (1.1 pounds) net capacity each, packed in a
strong outer packaging.
(2) For dangerous when wet solids in Packing Group III, inner
packagings not over 1.0 kg (2.2 pounds) net capacity

[[Page 3374]]

each, packed in a strong outer packaging.

0
40. In Sec. 173.152, paragraphs (b) and (c) are revised to read as
follows:

Sec. 173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2
(organic peroxides).

* * * * *
(b) Limited quantities. Limited quantities of oxidizers (Division
5.1) in Packing Group II and III and organic peroxides (Division 5.2)
are excepted from labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec. 173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec. 173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
(1) For oxidizers in Packing Group II, inner packagings not over
1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg
(2.2 pounds) net capacity each for solids, packed in a strong outer
packaging.
(2) For oxidizers in Packing Group III, inner packagings not over 5
L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11
lbs) net capacity each for solids, packed in a strong outer packaging.
(3) For organic peroxides that do not require temperature control
during transportation--
(i) Except for transportation by aircraft, for Type B or C organic
peroxides, inner packagings not over 25 mL (0.845 ounces) net capacity
each for liquids or 100 g (3.528 ounces) net capacity for solids,
packed in a strong outer packaging.
(ii) For Type D, E, or F organic peroxides, inner packagings not
over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64
ounces) net capacity for solids, packed in a strong outer packaging.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.

0
41. In Sec. 173.153, paragraphs (b) and (c) are revised to read as
follows:

Sec. 173.153 Exceptions for Division 6.1 (poisonous material).

* * * * *
(b) Limited quantities. The exceptions in this paragraph do not
apply to poison-by-inhalation materials. Limited quantities of
poisonous material (Division 6.1) in Packing Groups II and III are
excepted from the labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec. 173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec. 173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
(1) For poisonous materials in Packing Group II, inner packagings
not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds)
each for solids, packed in a strong outer packaging. Inner packagings
containing a liquid poisonous material which is also a drug or medicine
in Packing Group II may be increased to not over 250 mL (8 ounces) each
and packed in a strong outer packaging.
(2) For poisonous materials in Packing Group III, inner packagings
not over 5 L (1.3 gallons) each for liquids or 5.0 kg (11 pounds) each
for solids, packed in a strong outer packaging.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package of poisonous material in Packing Group III or a drug
or medicine in Packing Group II and III that is also a ``consumer
commodity'' as defined in Sec. 171.8 of this subchapter, may be
renamed ``Consumer commodity'' and reclassed as ORM-D or, until
December 31, 2012, ORM-D-AIR material and offered for transportation
and transported in accordance with the applicable provisions of this
subchapter in effect on October 1, 2010.

0
42. In Sec. 173.154, paragraphs (b) and (c) are revised to read as
follows:

Sec. 173.154 Exceptions for Class 8 (corrosive material).

* * * * *
(b) Limited quantities. Limited quantities of corrosive material
(Class 8) in Packing Groups II and III are excepted from labeling
requirements, unless the material is offered for transportation or
transported by aircraft, and are excepted from the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. For transportation by aircraft,
the package must also conform to the applicable requirements of Sec.
173.27 of this part (e.g., authorized materials, inner packaging
quantity limits and closure securement) and only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec. 173.156 of this part. In addition, shipments of
limited quantities are not subject to subpart F (Placarding) of part
172 of this subchapter. Each package must conform to the packaging
requirements of

[[Page 3375]]

subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight. Except for transportation by aircraft, the following
combination packagings are authorized:
(1) For corrosive materials in Packing Group II, inner packagings
not over 1.0 L (0.3 gallon) net capacity each for liquids or not over
1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong
outer packaging.
(2) For corrosive materials in Packing Group III, inner packagings
not over 5.0 L (1.3 gallons) net capacity each for liquids or not over
5.0 kg (11 lbs) net capacity each for solids, packed in a strong outer
packaging.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
* * * * *

0
43. In Sec. 173.155, paragraphs (b) and (c) are revised to read as
follows:

Sec. 173.155 Exceptions for Class 9 (miscellaneous hazardous
materials).

* * * * *
(b) Limited quantities of Class 9 materials. Limited quantities of
miscellaneous hazardous materials in Packing Groups II and III are
excepted from labeling requirements, unless the material is offered for
transportation or transported by aircraft, and are excepted from the
specification packaging requirements of this subchapter when packaged
in combination packagings according to this paragraph. Unless otherwise
specified in paragraph (c) of this section, packages of limited
quantities intended for transportation by aircraft must conform to the
applicable requirements (e.g., authorized materials, inner packaging
quantity limits and closure securement) of Sec. 173.27 of this part. A
limited quantity package that conforms to the provisions of this
section is not subject to the shipping paper requirements of subpart C
of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
or is offered for transportation and transported by aircraft or vessel,
and is eligible for the exceptions provided in Sec. 173.156 of this
part. In addition, packages of limited quantities are not subject to
subpart F (Placarding) of part 172 of this subchapter. Each package
must conform to the packaging requirements of subpart B of this part
and may not exceed 30 kg (66 pounds) gross weight. Except for
transportation by aircraft, the following combination packagings are
authorized:
(1) For miscellaneous materials in Packing Group II, inner
packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or
not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a
strong outer packaging.
(2) For miscellaneous materials in Packing Group III, inner
packagings not over 5.0 L (1.3 gallons) net capacity each for liquids
or not over 5.0 kg (11 lbs) net capacity each for solids, packed in a
strong outer packaging.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.

0
44. Section 173.156 is revised to read as follows:

Sec. 173.156 Exceptions for limited quantity and ORM.

(a) Exceptions for hazardous materials shipments in the following
paragraphs are permitted only if this section is referenced for the
specific hazardous material in the Sec. 172.101 Table or in a
packaging section in this part.
(b) Packagings for limited quantity and ORM-D are specified
according to hazard class in Sec. Sec. 173.150 through 173.155 and in
Sec. 173.306. In addition to other exceptions provided for limited
quantity and ORM-D materials in this part:
(1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of part 172 of this subchapter, and
the 30 kg (66 pounds) gross weight limitation are not required for
packages of limited quantity materials marked in accordance with Sec.
172.315 of this subchapter, or, until December 31, 2013, materials
classed and marked as ORM-D and described as a Consumer commodity, as
defined in Sec. 171.8 of this subchapter, when--
(i) Unitized in cages, carts, boxes or similar overpacks;
(ii) Offered for transportation or transported by:
(A) Rail;
(B) Private or contract motor carrier; or
(C) Common carrier in a vehicle under exclusive use for such
service; and
(iii) Transported to or from a manufacturer, a distribution center,
or a retail outlet, or transported to a disposal facility from one
offeror.
(2) The 30 kg (66 pounds) gross weight limitation does not apply to
packages of limited quantity materials marked in accordance with Sec.
172.315 of this subchapter, or, until December 31, 2013, materials
classed and marked as ORM-D and described as a Consumer commodity, as
defined in Sec. 171.8 of this subchapter, when offered for
transportation or transported by highway or rail between a
manufacturer, a distribution center, and a retail outlet provided--
(i) Inner packagings conform to the quantity limits for inner
packagings specified in Sec. Sec. 173.150(b), 173.152(b), 173.154(b),
173.155(b) and 173.306 (a) and (b), as appropriate;
(ii) The inner packagings are packed into corrugated fiberboard
trays to prevent them from moving freely;
(iii) The trays are placed in a fiberboard box which is banded and
secured to a wooden pallet by metal, fabric, or plastic straps, to form
a single palletized unit;
(iv) The package conforms to the general packaging requirements of
subpart B of this part;
(v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds); and
(vi) The package is properly marked in accordance with Sec.
172.315 or, until December 31, 2013, Sec. 172.316 of this subchapter.

0
45. Section 173.161 is revised to read as follows:

Sec. 173.161 Chemical kits and first aid kits.

(a) Applicability. Chemical kits and first aid kits contain one or
more compatible items of hazardous materials in boxes, cases, etc.
that, for example, are used for medical, analytical, diagnostic,
testing, or repair purposes.
(b) Authorized materials. (1) The kits may only contain hazardous
materials for which packaging exceptions are provided in column 8(A) of
the Sec. 172.101 Hazardous Materials Table in this subchapter. For
transportation by aircraft, the kits may only contain quantities of
hazardous materials authorized as excepted quantities or as limited
quantities in Sec. Sec. 173.4a and 173.27(f) of this part,
respectively. Materials forbidden for transportation by passenger
aircraft or cargo aircraft may not be included in the kits.
(2) The packing group assigned to the chemical kit and first aid
kit as a whole must be the most stringent packing group assigned to any
individual

[[Page 3376]]

substance in the kit and must be shown on the shipping paper, if
applicable, in accordance with subpart C of Part 172 of this
subchapter.
(c) Packaging. Except for transportation by aircraft or vessel,
chemical kits and first aid kits must be packaged in combination
packagings conforming to the packaging requirements of subpart B of
this part. For transportation by aircraft or vessel, chemical kits and
first aid kits must be packaged in specification combination packagings
based on the performance level of the most stringent packing group of
material contained within the kit. For transportation by aircraft,
friction-type closures must be secured by secondary means and inner
packagings intended to contain liquids must be capable of meeting the
pressure differential requirements prescribed in Sec. 173.27(c) of
this subchapter. Inner and outer packaging quantity limits for packages
are as follows:
(1) Except for liquids of Division 5.2 (organic peroxide), inner
packagings containing not more than 250 mL. Except for transportation
by aircraft, for Division 5.2 (organic peroxide) liquids of Type B and
C, inner packagings containing not more than 25 mL and for Division 5.2
(organic peroxide) liquids of Type D, E and F, inner packagings
containing not more than 125 mL. For transportation by aircraft, for
Division 5.2 (organic peroxide) liquids of Type D, E and F (only),
inner packagings containing not more than 125 mL;
(2) Except for solids of Division 5.2 (organic peroxide) of Type B
and C, inner packagings containing not more than 250 g. Except for
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type B and C, inner packagings containing not more than 100 g. For
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type D, E and F (only), inner packagings containing not more than
250 g;
(3) No more than 10 L or 10 kg of hazardous material may be
contained in one outer package (excluding dry ice). For transportation
by aircraft, no more than 1 L or 1 kg of hazardous material may be
contained in one kit (excluding dry ice);
(4) Each package must conform to the packaging requirements of
subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight;
(5) Except for Carbon dioxide, solid (Dry ice), UN1845, no other
hazardous materials may be packed within the same outer packaging as
the kits. Dry ice must be packaged in accordance with Sec. 173.217 of
this subchapter;
(6) The kits must include sufficient absorbent material to
completely absorb the contents of any liquid hazardous materials
contained in the kits. The contents must be separated, placed, or
packed, and closed with cushioning material to protect them from
damage; and
(7) The contents of the kits must be packed so there will be no
possibility of the mixture of contents causing dangerous evolution of
heat or gas.
(d) Exceptions. (1)(i) Chemical kits and first aid kits are
eligible for the excepted quantity exceptions provided in Sec. Sec.
173.4 and 173.4a of this part. For transportation by aircraft, chemical
kits and first aid kits are eligible for the limited quantity
provisions provided in Sec. 173.27(f) of this part. For inner
packaging quantity limits, see Sec. 173.27(f), Table 3.
(ii) A package conforming to the provisions of this section is not
subject to the shipping paper requirements of subpart C of part 172 of
this subchapter, unless the material meets the definition of a
hazardous substance, hazardous waste, marine pollutant, or is offered
for transportation and transported by aircraft or vessel. Chemical kits
and First aid kits conforming to this section may be marked as a
limited quantity as prescribed in Sec. 172.315 of this subchapter and,
if applicable, are eligible for the exceptions provided in Sec.
173.156 of this part. Additionally, chemical and first aid kits
conforming to this section are not subject to part 174 (carriage by
rail) or part 177 (carriage by highway) of this subchapter when marked
in accordance with Sec. 172.315 of this subchapter.
(2) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
(3) Kits that are carried on board transport vehicles for first aid
or operating purposes are not subject to the requirements of this
subchapter.

0
46. Section 173.165 is added to read as follows:

Sec. 173.165 Polyester resin kits.

(a) Except for transportation by aircraft, polyester resin kits
consisting of a base material component (Class 3, Packing Group II or
III) and an activator component (Type D, E, or F organic peroxide which
does not require temperature control)--
(1) The organic peroxide component must be packed in inner
packagings not over 125 mL (4.22 ounces) net capacity each for liquids
or 500 g (17.64 ounces) net capacity each for solids;
(2) The flammable liquid component must be packed in inner
packagings not over 5 L (1.3 gallons) net capacity each for Packing
Group II or III liquid; and
(3) The flammable liquid component and the organic peroxide
component may be packed in the same strong outer packaging provided
they will not interact dangerously in the event of leakage.
(b) For transportation by aircraft, polyester resin kits consisting
of a base material component (Class 3, Packing Group II or III) and an
activator component (Type D, E, or F organic peroxide which does not
require temperature control)--
(1) The organic peroxide component is limited to a quantity of 125
mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if
solid. The base material is limited to a quantity of 5 L (1.3 gallons)
in metal or plastic inner packagings and 1 L (0.3 gallons) in glass
inner packagings;
(2) The components may be placed in the same outer packaging
provided they will not interact dangerously in the event of leakage;
(3) Packing group will be II or III, according to the criteria for
Class 3, applied to the base material. Additionally, unless otherwise
excepted in this subchapter, polyester resin kits must be packaged in
specification combination packagings based on the performance level
required of the base material (II or III) contained within the kit;
(4) Closures must be secured by secondary means;
(5) Inner packagings intended to contain liquids must be capable of
meeting the pressure differential requirements prescribed in Sec.
173.27(c) of this part; and
(6) Except as provided in paragraph (b) of this section, exceptions
for polyester resin kits intended for transportation by aircraft are
provided in Sec. Sec. 173.4a (excepted quantities) and 173.27(f)
(limited quantities) of this part.
(c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec. 171.8 of this subchapter may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in

[[Page 3377]]

accordance with the applicable provisions of this subchapter in effect
on October 1, 2010.

0
47. Section Sec. 173.167 is added to read as follows:

Sec. 173.167 Consumer commodities.

(a) Effective January 1, 2013, a ``consumer commodity'' (see Sec.
171.8 of this subchapter) when intended for transportation by aircraft
may only include articles or substances of Class 2 (non-toxic aerosols
only), Class 3 (Packing Group II and III only), Division 6.1 (Packing
Group III only), UN3077, UN3082, and UN3175, provided such materials do
not have a subsidiary risk and are authorized aboard a passenger-
carrying aircraft. Friction-type closures must be secured by secondary
means. Inner packagings intended to contain liquids must be capable of
meeting the pressure differential requirements (75 kPa) prescribed in
Sec. 173.27(c) of this part. Consumer commodities are excepted from
the specification packaging requirements of this subchapter and each
completed package must conform to subpart B of part. Packages of
consumer commodities must also be capable of withstanding a 1.2 m drop
on solid concrete in the position most likely to cause damage and a 24-
hour stack test. Inner and outer packaging quantity limits for consumer
commodities are as follows:
(1) Non-toxic aerosols, as defined in Sec. 171.8 of this
subchapter and constructed in accordance with Sec. 173.306 of this
part, in non-refillable, non-metal containers not exceeding 120 mL (4
fluid ounces) each, or in non-refillable metal containers not exceeding
820 mL (28 ounces) each, except that flammable aerosols may not exceed
500 mL (16.9 ounces) each; or
(2) Liquids, in inner packagings not exceeding 500 mL (16.9 ounces)
each; or
(3) Solids, in inner packagings not exceeding 500 g (1.0 pounds)
each; or
(4) Any combination thereof.
(b) Inner packagings are to be placed in an outer packaging not to
exceed 30 kg (66 pounds) gross weight as prepared for shipment.

0
48. Section 173.220 is revised to read as follows:

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

(a) Applicability. An internal combustion engine, self-propelled
vehicle, mechanized equipment containing an internal combustion engine,
a battery-powered vehicle or equipment, or a fuel cell-powered vehicle
or equipment, or any combination thereof, is subject to the
requirements of this subchapter when transported as cargo on a
transport vehicle, vessel, or aircraft if--
(1) The engine contains a liquid or gaseous fuel. An engine may be
considered as not containing fuel when the engine components and any
fuel lines have been completed drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard and the
engine when held in any orientation will not release any liquid fuel;
(2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completed drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
(3) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or a lithium battery; or
(4) Except as provided in paragraph (f)(1) of this section, it
contains other hazardous materials subject to the requirements of this
subchapter.
(b) Requirements. Unless otherwise excepted in paragraph (b)(4) of
this section, vehicles, engines, and equipment are subject to the
following requirements:
(1) Flammable liquid fuel. A fuel tank containing a flammable
liquid fuel must be drained and securely closed, except that up to 500
mL (17 ounces) of residual fuel may remain in the tank, engine
components, or fuel lines provided they are securely closed to prevent
leakage of fuel during transportation. Self-propelled vehicles
containing diesel fuel are excepted from the requirement to drain the
fuel tanks, provided that sufficient ullage space has been left inside
the tank to allow fuel expansion without leakage, and the tank caps are
securely closed.
(2) Flammable liquefied or compressed gas fuel. (i) For
transportation by motor vehicle, rail car or vessel, fuel tanks and
fuel systems containing flammable liquefied or compressed gas fuel must
be securely closed. For transportation by vessel, the requirements of
Sec. Sec. 176.78(k) and 176.905 of this subchapter apply.
(ii) For transportation by aircraft:
(A) Flammable gas-powered vehicles, machines, equipment or
cylinders containing the flammable gas must be completely emptied of
flammable gas. Lines from vessels to gas regulators, and gas regulators
themselves, must also be drained of all traces of flammable gas. To
ensure that these conditions are met, gas shut-off valves must be left
open and connections of lines to gas regulators must be left
disconnected upon delivery of the vehicle to the operator. Shut-off
valves must be closed and lines reconnected at gas regulators before
loading the vehicle aboard the aircraft; or alternatively;
(B) Flammable gas powered vehicles, machines or equipment, which
have cylinders (fuel tanks) that are equipped with electrically
operated valves, may be transported under the following conditions:
(1) The valves must be in the closed position and in the case of
electrically operated valves, power to those valves must be
disconnected;
(2) After closing the valves, the vehicle, equipment or machinery
must be operated until it stops from lack of fuel before being loaded
aboard the aircraft;
(3) In no part of the closed system shall the pressure exceed 5% of
the maximum allowable working pressure of the system or 290 psig (2000
kPa), whichever is less; and
(4) There must not be any residual liquefied gas in the system,
including the fuel tank.
(3) Truck bodies or trailers on flat cars--flammable liquid or gas
powered. Truck bodies or trailers with automatic heating or
refrigerating equipment of the flammable liquid type may be shipped
with fuel tanks filled and equipment operating or inoperative, when
used for the transportation of other freight and loaded on flat cars as
part of a joint rail and highway movement, provided the equipment and
fuel supply conform to the requirements of Sec. 177.834(l) of this
subchapter.
(4) Modal exceptions. Quantities of flammable liquid fuel greater
than 500 mL (17 ounces) may remain in the fuel tank in self-propelled
vehicles and mechanical equipment only under the following conditions:
(i) For transportation by motor vehicle or rail car, the fuel tanks
must be securely closed.
(ii) For transportation by vessel, the shipment must conform to
Sec. 176.905 of this subchapter.
(iii) For transportation by aircraft, when carried in aircraft
designed or modified for vehicle ferry operations when all the
following conditions must be met:
(A) Authorization for this type operation has been given by the
appropriate authority in the government of the country in which the
aircraft is registered;
(B) Each vehicle is secured in an upright position;
(C) Each fuel tank is filled in a manner and only to a degree that
will

[[Page 3378]]

preclude spillage of fuel during loading, unloading, and
transportation; and
(D) Each area or compartment in which a self-propelled vehicle is
being transported is suitably ventilated to prevent the accumulation of
fuel vapors.
(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 of
this subchapter when transported by rail, highway or vessel.
(d) Lithium batteries. Except as provided in Sec. 172.102, Special
Provision A101 of this subchapter, vehicles, engines and machinery
powered by lithium metal batteries that are transported with these
batteries installed are forbidden aboard passenger-carrying aircraft.
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 of
this subchapter, unless approved by the Associate Administrator.
Equipment (other than vehicles, engines or mechanical equipment)
containing lithium batteries, must be described as ``Lithium ion
batteries contained in equipment'' or ``Lithium metal batteries
contained in equipment,'' as appropriate, and transported in accordance
with Sec. 173.185 and applicable special provisions.
(e) Fuel cells. A fuel cell must be secured and protected in a
manner to prevent damage to the fuel cell. Equipment (other than
vehicles, engines or mechanical equipment) such as consumer electronic
devices containing fuel cells (fuel cell cartridges) must be described
as ``Fuel cell cartridges contained in equipment'' and transported in
accordance with Sec. 173.230 of this subchapter.
(f) Other hazardous materials. (1) Items containing hazardous
materials, such as fire extinguishers, compressed gas accumulators,
safety devices and other hazardous materials that are integral
components of the motor vehicle, engine or mechanical equipment and
that 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 of this subchapter and applicable special provisions.
Equipment (other than vehicles, engines or mechanical equipment) such
as consumer electronic devices containing fuel cells (fuel cell
cartridges) must be described as ``Fuel cell cartridges contained in
equipment'' and transported in accordance with Sec. 173.230 of this
subchapter.
(2) Other hazardous materials must be packaged and transported in
accordance with the requirements of this subchapter.
(g) Additional requirements for internal combustion engines and
vehicles with certain electronic equipment when transported by aircraft
or vessel. When an internal combustion engine that is not installed in
a vehicle or equipment is offered for transportation by aircraft or
vessel, all fuel, coolant or hydraulic systems remaining in the engine
must be drained as far as practicable, and all disconnected fluid pipes
that previously contained fluid must be sealed with leak-proof caps
that are positively retained. When offered for transportation by
aircraft, vehicles equipped with theft-protection devices, installed
radio communications equipment or navigational systems must have such
devices, equipment or systems disabled.
(h) Exceptions. Except as provided in paragraph (f)(2) of this
section, shipments made under the provisions of this section--
(1) Are not subject to any other requirements of this subchapter
for transportation by motor vehicle or rail car; and
(2) Are not subject to the requirements of subparts D, E and F
(marking, labeling and placarding, respectively) of part 172 of this
subchapter or Sec. 172.604 of this subchapter (emergency response
telephone number) for transportation by vessel or aircraft. For
transportation by aircraft, the provisions of Sec. 173.159(b)(2) of
this part as applicable, the provisions of Sec. 173.230(f), 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 of this subchapter must be met. For
transportation by vessel, additional exceptions are specified in Sec.
176.905 of this subchapter.

0
49. In Sec. 173.225:
0
a. In paragraph (c)(8), the Organic Peroxide Table is amended by
removing the entries under the [REMOVE] heading and adding entries
under the [ADD] heading in the table below.
0
b. In paragraph (e), the Organic Peroxide IBC Table is amended by
revising the entry for ``Peroxyacetic acid, stabilized, not more than
17%'' under ``3109 ORGANIC PEROXIDE, TYPE F, LIQUID''.

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

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

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

* * * * * * *
Di-(2-tert-butylperoxyisopropyl) UN3106.......... > 42-100 ........ ........ <= 57 ........ OP7............. ........ ......... 1, 9
benzene(s).

[[Page 3379]]

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

* * * * * * *
2,5-Dimethyl-2,5-di-(tert- UN3105.......... > 52-100 ........ ........ ........ ........ OP7............. ........ ......... ........
butylperoxy)hexane.

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

* * * * * * *
Di-(tert-butylperoxyisopropyl) UN3106.......... > 42-100 ........ ........ <= 57 ........ OP7............. ........ ......... 1, 9
benzene(s).
Di-(tert-butylperoxyisopropyl) Exempt.......... <= 42 ........ ........ >= 58 ........ Exempt.......... ........ ......... ........
benzene(s).

* * * * * * *
2,5-Dimethyl-2,5-di-(tert- UN3103.......... > 90-100 ........ ........ ........ ........ OP5............. ........ ......... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3105.......... > 52--90 >= 10 ........ ........ ........ OP7............. ........ ......... ........
butylperoxy)hexane.

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

* * * * *
(e) * * *

Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
Maximum
UN No. Organic peroxide Type of IBC quantity Control Emergency
(liters) temperature temperature
----------------------------------------------------------------------------------------------------------------

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

* * * * * * *
Peroxyacetic acid, stabilized, 31A 1500 ........... ...........
not more than 17%.
31H1 1500 ........... ...........
31H2 1500 ........... ...........
31HA1 1500 ........... ...........

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

* * * * *

0
50. In Sec. 173.230, paragraphs (g) and (h) are revised to read as
follows:

Sec. 173.230 Fuel cell cartridges containing hazardous material.

* * * * *
(g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling
requirements, unless the cartridges are offered for transportation or
transported by aircraft, and from the placarding and specification
packaging requirements of this subchapter when packaged according to
this section. Each package must conform to the packaging requirements
of subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight. Except as authorized in paragraph (h) of this section, a
package containing a limited quantity of fuel cell cartridges must be
marked as specified in Sec. 172.315 of this subchapter and, for
transportation by highway or rail, is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, or marine pollutant, and are eligible for the exceptions
provided in Sec. 173.156 of part. 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) per cartridge, 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 per
cartridge, 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 per

[[Page 3380]]

cartridge, packed in strong outer packaging.
(4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge,
packed in strong outer packaging.
(5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity per cartridge, packed in strong
outer packaging.
(6) For transportation by aircraft, the following combination
packagings are authorized:
(i) For flammable liquids, in fuel cell cartridges containing not
more than 0.5 L (16.9 fluid ounces) per cartridge, packed in strong
outer packaging. Additionally, each package may contain no more than
2.5 kg (net mass) of fuel cell cartridges.
(ii) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 200 g (0.4
pounds) of solid fuel per cartridge, packed in strong outer packaging.
Additionally, each package may contain no more than 2.5 kg (net mass)
of fuel cell cartridges.
(iii) For corrosive materials, in fuel cell cartridges containing
not more than 200 mL (6.7 fluid ounces) for liquids or not more than
200 g (0.4 pounds) for solids per cartridge packed in strong outer
packaging. Additionally, each package may contain no more than 2.5 kg
(net mass) of fuel cell cartridges.
(iv) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge,
packed in strong outer packaging. Additionally, each package may
contain no more than 0.5 kg (net mass) of fuel cell cartridges.
(v) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity per cartridge, packed in strong
outer packaging. Additionally, each package may contain no more than
0.5 kg (net mass) of fuel cell cartridges.
(h) Consumer commodities. Until December 31, 2013, except for
transportation by aircraft, a limited quantity that conforms to the
provisions of paragraph (g) of this section and is also a ``consumer
commodity'' as defined in Sec. 171.8 of this subchapter on October 1,
2010 may be renamed ``Consumer commodity'' and reclassed as ORM-D.
Shipments of ORM-D materials are not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, and are eligible for the exceptions provided
in Sec. 173.156 of this part.

0
51. In Sec. 173.301b, paragraphs (c)(2)(iii) and (e) are revised to
read as follows:

Sec. 173.301b Additional general requirements for shipment of UN
pressure receptacles.

* * * * *
(c) * * *
(2) * * *
(iii) By protecting the valves by shrouds or guards conforming to
the requirements in ISO 11117 (IBR; see Sec. 171.7 of this
subchapter). For metal hydride storage systems, by protecting the
valves in accordance with the requirements in ISO 16111 (IBR; see Sec.
171.7 of this subchapter).
* * * * *
(e) Pyrophoric gases. A UN pressure receptacle must have valve
outlets equipped with gas-tight plugs or caps when used for pyrophoric
or flammable mixtures of gases containing more than 1% pyrophoric
compounds. When UN pressure receptacles are manifolded in a bundle,
each of the pressure receptacles must be equipped with an individual
valve that must be closed while in transportation, and the outlet of
the manifold valve must be equipped with a pressure retaining gas-tight
plug or cap. Gas-tight plugs or caps must have threads that match those
of the valve outlets.
* * * * *

0
52. In Sec. 173.306, paragraphs (h)(2), (i), and (l) are revised to
read as follows:

Sec. 173.306 Limited quantities of compressed gases.

* * * * *
(h) * * *
(2) Exceptions. (i) For other than transportation by aircraft,
special exceptions for shipment of lighter refills in the ORM-D class
are provided in paragraph (i) of this section.
(ii) For highway transportation, when no more than 1,500 lighter
refills covered by this paragraph are transported in one motor vehicle,
the requirements of subparts C through H of part 172, and Part 177 of
this subchapter do not apply. Lighter refills covered under this
paragraph must be packaged in rigid, strong outer packagings meeting
the general packaging requirements of subpart B of this part. Outer
packagings must be plainly and durably marked on two opposing sides or
ends with the words ``LIGHTER REFILLS'' and the number of devices
contained therein in letters measuring at least 20 mm (0.79 in) in
height. No person may offer for transportation or transport the lighter
refills or prepare the lighter refills for shipment unless that person
has been specifically informed of the requirements of this section.
(i) Limited quantities. (1) A limited quantity that conforms to the
provisions of paragraph (a)(1), (a)(3), (a)(5), (b) or, except for
transportation by aircraft, paragraph (h) of this section is excepted
from labeling requirements, unless the material is offered for
transportation or transported by aircraft, and the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. Packages must be marked in
accordance with Sec. 172.315(a) or (b), as appropriate, or as
authorized in paragraph (i)(2) of this section. Unless otherwise
specified in paragraph (i)(2) of this section, packages of limited
quantities intended for transportation by aircraft must conform to the
applicable requirements (e.g., authorized materials, inner packaging
quantity limits and closure securement) of Sec. 173.27 of this part. A
limited quantity package that conforms to the provisions of this
section is not subject to the shipping paper requirements of subpart C
of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
or is offered for transportation and transported by aircraft or vessel,
and is eligible for the exceptions provided in Sec. 173.156 of this
part. Outside packagings conforming to this paragraph are not required
to be marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.''
In addition, packages of limited quantities are not subject to subpart
F (Placarding) of part 172 of this subchapter. Each package must
conform to the packaging requirements of subpart B of this part and may
not exceed 30 kg (66 pounds) gross weight.
(2) Until December 31, 2013, a limited quantity package containing
a ``consumer commodity'' as defined in Sec. 171.8 of this subchapter
may be renamed ``Consumer commodity'' and reclassed as ORM-D or ORM-D-
AIR material and offered for transportation and transported in
accordance with the applicable provisions of this subchapter in effect
on October 1, 2010.
* * * * *
(l) For additional exceptions, see Sec. 173.307.

0
53. In Sec. 173.307, paragraph (a)(6) is added to read as follows:

Sec. 173.307 Exceptions for compressed gases.

(a) * * *
(6) Light bulbs, provided they are packaged so that the projectile
effects of

[[Page 3381]]

any rupture of the bulb will be contained within the package.
* * * * *

0
54. Section 173.311 is added to read as follows:

Sec. 173.311 Metal hydride storage systems.

The following packing instruction is applicable to transportable UN
Metal hydride storage systems (UN3468) with pressure receptacles not
exceeding 150 liters (40 gallons) in water capacity and having a
maximum developed pressure not exceeding 25 MPa. Metal hydride storage
systems must be designed, constructed, initially inspected and tested
in accordance with ISO 16111 (IBR, see Sec. 171.7 of this subchapter)
as authorized under Sec. 178.71(f) of this subchapter. Steel pressure
receptacles or composite pressure receptacles with steel liners must be
marked in accordance with Sec. 173.301b(f) of this part which
specifies that a steel UN pressure receptacle bearing an ``H'' mark
must be used for hydrogen bearing gases or other gases that may cause
hydrogen embrittlement. Requalification intervals must be no more than
every five years as specified in Sec. 180.207 of this subchapter in
accordance with the requalification procedures prescribed in ISO 16111.
0
55. In 173.322, paragraph (e) is added to read as follows:

Sec. 173.322 Ethyl chloride.

* * * * *
(e) In capsules under the following conditions:
(1) The mass of gas must not exceed 150 g (5.30 ounces) per
capsule;
(2) The capsule must be free of faults liable to impair its
strength;
(3) The leakproofness integrity of the closure must be maintained
by a secondary means (e.g., cap, crown, seal, binding, etc.) capable of
preventing any leakage of the closure while in transportation; and
(4) The capsules must be placed in a strong outer packaging
suitable for the contents and may not exceed a gross mass of 75 kg (165
pounds).

PART 175--CARRIAGE BY AIRCRAFT

0
56. 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
57. In Sec. 175.8, in paragraph (b)(3), the first sentence is revised
to read as follows:

Sec. 175.8 Exceptions for operator equipment and items of
replacement.

* * * * *
(b) * * *
(3) Aerosols of Division 2.2 only (for dispensing of food
products), alcoholic beverages, colognes, liquefied gas lighters, and
perfumes carried aboard a passenger-carrying aircraft by the operator
for use or sale on that specific aircraft. * * *
* * * * *

0
58. Section 175.9 is revised to read as follows:

Sec. 175.9 Special aircraft operations.

(a) This subchapter applies to rotorcraft external load operations
transporting hazardous material on board, attached to, or suspended
from an aircraft. Operators must have all applicable requirements
prescribed in 14 CFR Part 133 approved by the FAA Administrator prior
to accepting or transporting hazardous material. In addition,
rotorcraft external load operations must be approved by the Associate
Administrator prior to the initiation of such operations.
(b) Exceptions. This subchapter does not apply to the following
materials used for special aircraft operations when applicable FAA
operator requirements have been met, including training operator
personnel on the proper handling and stowage of the hazardous materials
carried:
(1) Hazardous materials loaded and carried in hoppers or tanks of
aircraft certificated for use in aerial seeding, dusting spraying,
fertilizing, crop improvement, or pest control, to be dispensed during
such an operation.
(2) Parachute activation devices, lighting equipment, oxygen
cylinders, flotation devices, smoke grenades, flares, or similar
devices carried during a parachute operation.
(3) Smoke grenades, flares, and pyrotechnic devices affixed to
aircraft during any flight conducted as part of a scheduled air show or
exhibition of aeronautical skill. The aircraft may not carry any
persons other than required flight crewmembers. The affixed
installation accommodating the smoke grenades, flares, or pyrotechnic
devices on the aircraft must be approved for its intended use by the
FAA Flight Standards District Office having responsibility for that
aircraft.
(4) Hazardous materials are carried and used during dedicated air
ambulance, fire fighting, or search and rescue operations.
(5) A transport incubator unit necessary to protect life or an
organ preservation unit necessary to protect human organs, carried in
the aircraft cabin, provided:
(i) The compressed gas used to operate the unit is in an authorized
DOT specification cylinder and is marked, labeled, filled, and
maintained as prescribed by this subchapter;
(ii) Each battery used is of the nonspillable type;
(iii) The unit is constructed so that valves, fittings, and gauges
are protected from damage;
(iv) The pilot-in-command is advised when the unit is on board, and
when it is intended for use;
(v) The unit is accompanied by a person qualified to operate it;
(vi) The unit is secured in the aircraft in a manner that does not
restrict access to or use of any required emergency or regular exit or
of the aisle in the passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of the unit is prohibited.
(6) Hazardous materials that are loaded and carried on or in cargo
only aircraft, and that are to be dispensed or expended during flight
for weather control, environmental restoration or protection, forest
preservation and protection, fire fighting and prevention, flood
control, or avalanche control purposes, when the following requirements
are met:
(i) Operations may not be conducted over densely populated areas,
in a congested airway, or near any airport where carrier passenger
operations are conducted.
(ii) Each operator must prepare and keep current a manual
containing operational guidelines and handling procedures, for the use
and guidance of flight, maintenance, and ground personnel concerned in
the dispensing or expending of hazardous materials. The manual must be
approved by the FAA Principal Operations Inspector assigned to the
operator.
(iii) No person other than a required flight crewmember, FAA
inspector, or person necessary for handling or dispensing the hazardous
material may be carried on the aircraft.
(iv) The operator of the aircraft must have advance permission from
the owner of any airport to be used for the dispensing or expending
operation.
(v) When Division 1.1, 1.2, and 1.3 materials (except detonators
and detonator assemblies) and detonators or detonator assemblies are
carried for avalanche control flights, the explosives must be handled
by, and at all times be under the control of, a qualified blaster. When
required by a State or local authority, the blaster must be licensed
and the State or local authority must be identified in writing to the
FAA Principal Operations Inspector assigned to the operator.
0
59. In Sec. 175.10:

[[Page 3382]]

0
a. Paragraphs (a)(17) and (18) are redesignated as paragraphs (a)(18)
and (19), respectively;
0
b. New paragraph (a)(17) is added; and
0
c. Newly redesignated paragraph (a)(19) is revised.
The addition and revision read as follows:

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

(a) * * *
(17) A lithium ion battery-powered wheelchair or other mobility aid
as follows:
(i) A wheelchair or other mobility aid equipped with a lithium ion
battery, when carried as checked baggage, provided--
(A) The lithium ion battery must be of a type that successfully
passed each test in the UN Manual of Tests and Criteria as specified in
Sec. 173.185 of this subchapter, unless approved by the Associate
Administrator;
(B) 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);
(C) Battery terminals must be protected from short circuits (e.g.,
by being enclosed within a battery container that is securely attached
to the mobility aid);
(D) The pilot-in-command is advised, either orally or in writing,
prior to departure, as to the location of the wheelchair or mobility
aid aboard the aircraft; and
(E) The wheelchair or mobility aid is loaded, stowed, secured and
unloaded in an upright position and in a manner that prevents
unintentional activation and protects it from damage.
(F) A lithium metal battery is forbidden aboard a passenger-
carrying aircraft.
(ii) A wheelchair or other mobility aid when carried as checked or
carry-on baggage, provided--
(A) The wheelchair or other mobility aid is designed and
constructed in a manner to allow for stowage in either a cargo
compartment or in the passenger cabin;
(B) The lithium ion battery is removed; and
(C) The lithium ion battery and any spare batteries are carried in
the same manner as spare batteries in paragraph (a)(18) of this
section.
* * * * *
(19) Portable electronic devices (e.g., 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 water capacity of a fuel cell cartridge for
hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The
maximum quantity of fuel in all other fuel cell cartridge types may not
exceed:
(A) 200 mL (6.76 ounces) for liquids;
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges; or
(C) 200 g (7 ounces) for solids.
(iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
(iv) Fuel cells containing fuel are permitted in carry-on baggage
only;
(v) Fuel cell cartridges containing hydrogen in a metal hydride
must meet the requirements in 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.
(xi) Spare fuel cell cartridges containing a flammable liquid
(Class 3) or corrosive material (Class 8) may be transported in checked
baggage.
(xii) Spare fuel cell cartridges containing liquefied flammable gas
(Division 2.1), hydrogen in a metal hydride (Division 2.1) or water
reactive material (Division 4.3) may only be transported in carry-on
baggage.
* * * * *

0
60. Section 175.25 is revised to read as follows:

Sec. 175.25 Notification at air passenger facilities of hazardous
materials restrictions.

(a) Each person who engages in for-hire air transportation of
passengers must display notices of the requirements applicable to the
carriage of hazardous materials aboard aircraft, and the penalties for
failure to comply with those requirements in accordance with this
section. Each notice must be legible, and be prominently displayed so
it can be seen by passengers in locations where the aircraft operator
issues tickets, checks baggage, and maintains aircraft boarding areas.
At a minimum, each notice must communicate the following information:
(1) Federal law forbids the carriage of hazardous materials aboard
aircraft in your luggage or on your person. A violation can result in
five years' imprisonment and penalties of $250,000 or more (49 U.S.C.
5124). Hazardous materials include explosives, compressed gases,
flammable liquids and solids, oxidizers, poisons, corrosives and
radioactive materials. Examples: Paints, lighter fluid, fireworks, tear
gases, oxygen bottles, and radio-pharmaceuticals.
(2) There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage
and certain smoking materials carried on your person. For further
information contact your airline representative.
(b) Ticket purchase. An aircraft operator must ensure that
information on the types of hazardous materials specified in paragraph
(a) of this section a passenger is permitted and forbidden to transport
aboard an aircraft is provided at the point of ticket purchase. During
the purchase process, regardless if the process is completed remotely
(e.g., via the Internet or phone) or when completed at the airport,
with or without assistance from another person (e.g., automated check-
in facility), the aircraft operator must ensure that information on the
types of hazardous materials a passenger is forbidden to transport
aboard an aircraft is provided to passengers. Information may be in
text or in pictorial form and, effective

[[Page 3383]]

January 1, 2013, must be such that the final ticket purchase cannot be
completed until the passenger or a person acting on the passenger's
behalf has indicated that it understands the restrictions on hazardous
materials in baggage.
(c) Check-in. An aircraft operator must ensure that information on
the types of hazardous materials specified in paragraph (a) of this
section a passenger is permitted and forbidden to transport aboard an
aircraft is provided during the flight check-in process.
(1) Effective January 1, 2013, when the flight check-in process is
conducted remotely (e.g., via the Internet or phone) or when completed
at the airport, without assistance from another person (e.g., automated
check-in kiosk), the aircraft operator must ensure that information on
the types of hazardous materials a passenger is forbidden to transport
aboard an aircraft is provided to passengers. Information may be in
text or in pictorial form and should be such that the check in process
cannot be completed until the passenger or a person acting on the
passenger's behalf has indicated that it understands the restrictions
on hazardous materials in baggage.
(2) When the check in process is not conducted remotely (e.g., at
the airport with the assistance of an airline representative),
passenger notification of permitted and forbidden hazardous materials
may be completed through signage (electronic or otherwise), provided it
is legible and prominently displayed.

0
61. In Sec. 175.30, paragraph (e)(3) is revised to read as follows:

Sec. 175.30 Inspecting shipments.

* * * * *
(e) * * *
(3) The word ``OVERPACK'' appears on the outside of the overpack
when specification packagings are required.

0
62. Section 175.75 is revised to read as follows:

Sec. 175.75 Quantity limitations and cargo location.

(a) No person may carry on an aircraft a hazardous material except
as permitted by this subchapter.
(b) Except as otherwise provided in this subchapter, no person may
carry a hazardous material in the cabin of a passenger-carrying
aircraft or on the flight deck of any aircraft, and the hazardous
material must be located in a place that is inaccessible to persons
other than crew members. Hazardous materials may be carried in a main
deck cargo compartment of a passenger aircraft provided that the
compartment is inaccessible to passengers and that it meets all
certification requirements for a Class B aircraft cargo compartment in
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR
25.857(c). A package bearing a ``KEEP AWAY FROM HEAT'' handling marking
must be protected from direct sunshine and stored in a cool and
ventilated place, away from sources of heat.
(c) For each package containing a hazardous material acceptable for
carriage aboard passenger-carrying aircraft, no more than 25 kg (55
pounds) net weight of hazardous material may be loaded in an
inaccessible manner. In addition to the 25 kg limitation, an additional
75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed
gas) may be loaded in an inaccessible manner. The requirements of this
paragraph do not apply to Class 9, ORM-D-AIR and Limited or Excepted
Quantity material.
(d) For the purposes of this section--
(1) Accessible means, on passenger-carrying or cargo-only aircraft
that each package is loaded where a crew member or other authorized
person can access, handle and, when size and weight permit, separate
such packages from other cargo during flight including a freight
container in an accessible cargo compartment when packages are loaded
in an accessible manner. Additionally, a package is considered
accessible when transported on a cargo-only aircraft if it is:
(i) In a cargo compartment certified by FAA as a Class C aircraft
cargo compartment as defined in 14 CFR 25.857(c); or
(ii) In an FAA-certified freight container that has an approved
fire or smoke detection system and fire suppression system equivalent
to that required by the certification requirements for a Class C
aircraft cargo compartment.
(2) Inaccessible means all other configurations including a freight
container in an accessible compartment when packages are loaded
inaccessibly.
(e) For transport aboard cargo-only aircraft, the requirements of
paragraphs (c) and (d) of this section do not apply to the following
hazardous materials:
(1) Class 3, Packing Group III (that does not meet the definition
of another hazard class except CORROSIVE), Division 6.1 ((primary)
except those also labeled FLAMMABLE LIQUID), Division 6.2, Class 7,
Class 9, and those marked as ORM-D-AIR, Limited Quantity or Excepted
Quantity material.
(2) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional or Field Security Office in the region where the operator is
located.
(3) Packages of hazardous materials carried on small, single pilot,
cargo aircraft if:
(i) No person is carried on the aircraft other than the pilot, an
FAA inspector, the shipper or consignee of the material, a
representative of the shipper or consignee so designated in writing, or
a person necessary for handling the material;
(ii) The pilot is provided with written instructions on the
characteristics and proper handling of the materials; and
(iii) Whenever a change of pilots occurs while the material is on
board, the new pilot is briefed under a hand-to-hand signature service
provided by the operator of the aircraft.
(f) At a minimum, quantity limits and loading instructions in the
following quantity and loading table must be followed to maintain
acceptable quantity and loading between packages containing hazardous
materials. The quantity and loading table is as follows:

Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
Quantity Limitation: 25
kg net weight of
hazardous material plus
Applicability Forbidden 75 kg net weight of No limit
Division 2.2 (non-
flammable compressed
gas)
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft.......... Cargo Aircraft Only Inaccessible........... Accessible.
labeled packages.

[[Page 3384]]

Cargo-only aircraft--Packages Not applicable......... Inaccessible (See Note Accessible (See Note
authorized aboard a passenger- 1). 2).
carrying aircraft.
Cargo-only aircraft--Packages not Inaccessible (See Note Not applicable......... Accessible (See Note
authorized aboard a passenger- 1). 2).
carrying aircraft and displaying a
Cargo Aircraft Only label.
----------------------------------------------------------------------------------------------------------------
Note 1: The following materials are not subject to this loading restriction--
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except
CORROSIVE).
b. Primary Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9, ORM-D-AIR and Limited Quantity or Excepted Quantity material.
Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be
accessible include those loaded in a Class C cargo compartment.

0
63. In Sec. 175.78, paragraph (c)(4)(iii) is revised to read as
follows:

Sec. 175.78 Stowage compatibility of cargo.

* * * * *
(c) * * *
(4) * * *
(iii) Except for Division 1.4B explosives and as otherwise provided
in this Note, explosives of different compatibility groups may be
stowed together whether or not they belong to the same division.
Division 1.4B explosives must not be stowed together with any other
explosive permitted aboard aircraft except Division 1.4S, unless
segregated as prescribed in paragraph (c)(4)(iv) of this section
(``Note 1'').
* * * * *

PART 176--CARRIAGE BY VESSEL

0
64. The authority citation for part 176 continues to read as follows:

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

0
65. In Sec. 176.2, in the definition for ``Cargo transport unit,'' the
first sentence is revised to read as follows:

Sec. 176.2 Definitions.

* * * * *
Cargo transport unit means a transport vehicle, a freight
container, a portable tank or a multiple element gas container (MEGC).
* * *
* * * * *

0
66. In Sec. 176.63, paragraph (f)(2) is revised to read as follows:

Sec. 176.63 Stowage locations.

* * * * *
(f) * * *
(2) The hatchless container hold is in full compliance with the
provisions of SOLAS, Chapter II-2/Regulation 19 (IBR; see Sec. 171.7
of this subchapter), applicable to enclosed container cargo spaces, as
appropriate for the cargo transported.

0
67. In Sec. 176.76, paragraph (a)(9) is added to read as follows:

Sec. 176.76 Transport vehicles, freight containers, and portable
tanks containing hazardous materials.

(a) * * *
(9) When security devices, beacons or other tracking or monitoring
equipment are used, they must be securely installed and must be of a
certified safe type for the hazardous materials that will be carried
within the freight container or transport vehicle in which such as
device or equipment is installed.
* * * * *

Sec. 176.84 [Amended]

0
68. In Sec. 176.84, in paragraph (b) Table of provisions, Code Number
``143'' and its corresponding provision are removed.

Sec. 176.142 [Removed and Reserved]

0
69. Section 176.142 is removed and reserved.

0
70. Section 176.905 is revised to read as follows:

Sec. 176.905 Stowage of motor vehicles or mechanical equipment.

(a) A vehicle or any mechanical equipment powered by an internal
combustion engine, a fuel cell, batteries or a combination thereof, is
subject to the following requirements when carried as cargo on a
vessel:
(1) Before being loaded on a vessel, each vehicle or mechanical
equipment must be inspected for fuel leaks and identifiable faults in
the electrical system that could result in short circuit or other
unintended electrical source of ignition. A vehicle or mechanical
equipment showing any signs of leakage or electrical fault may not be
transported.
(2) The fuel tank of a vehicle or mechanical equipment powered by
liquid fuel may not be more than one-fourth full.
(3) Whenever possible, each vehicle or mechanical equipment must be
stowed to allow for its inspection during transportation.
(4) Vehicles or mechanical equipment may be refueled when necessary
in the hold of a vessel in accordance with Sec. 176.78 of this part.
(b) All equipment used for handling vehicles or mechanical
equipment must be designed so that the fuel tank and the fuel system of
the vehicle or mechanical equipment are protected from stress that
might cause rupture or other damage incident to handling.
(c) Two hand-held, portable, dry chemical fire extinguishers of at
least 4.5 kg (10 pounds) capacity each must be separately located in an
accessible location in each hold or compartment in which any vehicle or
mechanical equipment is stowed.
(d) ``NO SMOKING'' signs must be conspicuously posted at each
access opening to the hold or compartment.
(e) Each portable electrical light, including a flashlight, used in
the stowage area must be an approved, explosion-proof type. All
electrical connections for any light must be made to outlets outside
the space in which any vehicle or mechanical equipment is stowed.
(f) Each hold or compartment must be ventilated and fitted with an
overhead water sprinkler system or fixed fire extinguisher system.
(g) Each hold or compartment must be equipped with a smoke or fire
detection

[[Page 3385]]

system capable of alerting personnel on the bridge.
(h) All electrical equipment in the hold or compartment other than
fixed explosion-proof lighting must be disconnected from its power
source at a location outside the hold or compartment during the
handling and transportation of any vehicle or mechanical equipment.
Where the disconnecting means is a switch or circuit breaker, it must
be locked in the open position until all vehicles have been removed.
(i) Exceptions--A vehicle or mechanical equipment is excepted from
the requirements of this subchapter if the following requirements are
met:
(1) Internal combustion engines liquid fuel powered. (i) The
vehicle or mechanical equipment has an internal combustion engine using
liquid fuel that has a flashpoint less than 38[deg]C (100[deg]F), the
fuel tank is empty, and the engine is run until it stalls for lack of
fuel; or
(ii) The vehicle or mechanical equipment has an internal combustion
engine using liquid fuel that has a flashpoint of 38[deg]C (100[deg]F)
or higher, the fuel tank contains 418 L (110 gallons) of fuel or less,
and there are no fuel leaks in any portion of the fuel system.
(2) Vehicle ferry operations. The vehicle or mechanical equipment
is stowed in a hold or compartment designated by the administration of
the country in which the vessel is registered as specially designed and
approved for vehicles and mechanical equipment and there are no signs
of leakage from the battery, engine, fuel cell, compressed gas cylinder
or accumulator, or fuel tank, as appropriate. For vehicles with
batteries connected and fuel tanks containing gasoline transported by
U.S. vessels, see 46 CFR 70.10-1 and 90.10-38.
(3) Battery-powered. The vehicle or mechanical equipment is
electrically powered solely by wet electric storage batteries
(including nonspillable batteries) or sodium batteries;
(4) Flammable gas powered. The vehicle or mechanical equipment is
equipped with liquefied petroleum gas or other compressed gas fuel
tanks, the tanks are completely emptied of liquefied or compressed gas
and the positive pressure in the tank does not exceed 2 bar (29 psig),
the line from the fuel tank to the regulator and the regulator itself
is drained of all traces of liquefied or compressed gas, and the fuel
shut-off valve is closed.
(j) Except as provided in Sec. 173.220(d) of this subchapter, the
provisions of this subchapter do not apply to items of equipment such
as fire extinguishers, compressed gas accumulators, airbag inflators
and the like which are installed in the vehicle or mechanical equipment
if they are necessary for the operation of the vehicle or equipment, or
for the safety of its operator or passengers.

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
71. The authority citation for part 178 continues to read as follows:

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

0
72. Section 178.71 is revised to read as follows:

Sec. 178.71 Specifications for UN pressure receptacles.

(a) General. Each UN pressure receptacle must meet the requirements
of this section. Requirements for approval, qualification, maintenance,
and testing are contained in Sec. 178.70, and subpart C of part 180 of
this subchapter.
(b) Definitions. The following definitions apply for the purposes
of design and construction of UN pressure receptacles under this
subpart:
Alternative arrangement means an approval granted by the Associate
Administrator for a MEGC that has been designed, constructed or tested
to the technical requirements or testing methods other than those
specified for UN pressure receptacles in part 178 or part 180 of this
subchapter.
Bundle of cylinders. See Sec. 171.8 of this subchapter.
Design type means a pressure receptacle design as specified by a
particular pressure receptacle standard.
Design type approval means an overall approval of the
manufacturer's quality system and design type of each pressure
receptacle to be produced within the manufacturer's facility.
UN tube. See Sec. 171.8 of this subchapter.
(c) General design and construction. UN pressure receptacles and
their closures must be designed, manufactured, tested and equipped in
accordance with the requirements contained in this section. The ISO
standard requirements applicable to UN pressure receptacles may be
varied only if approved in writing by the Associate Administrator.
(d) Service equipment. (1) Except for pressure relief devices, UN
pressure receptacle equipment, including valves, piping, fittings, and
other equipment subjected to pressure must be designed and constructed
to withstand at least 1.5 times the test pressure of the pressure
receptacle.
(2) Service equipment must be configured or designed to prevent
damage that could result in the release of the pressure receptacle
contents during normal conditions of handling and transport. Manifold
piping leading to shut-off valves must be sufficiently flexible to
protect the valves and the piping from shearing or releasing the
pressure receptacle contents. The filling and discharge valves and any
protective caps must be secured against unintended opening. The valves
must conform to ISO 10297 (IBR, see Sec. 171.7 of this subchapter) and
be protected as specified in Sec. 173.301b(f) of this subchapter.
(3) UN pressure receptacles that cannot be handled manually or
rolled, must be equipped with devices (e.g., skids, rings, straps)
ensuring that they can be safely handled by mechanical means and so
arranged as not to impair the strength of, nor cause undue stresses, in
the pressure receptacle.
(4) Pressure receptacles filled by volume must be equipped with a
level indicator.
(e) Bundles of cylinders. UN pressure receptacles assembled in
bundles must be structurally supported and held together as a unit and
secured in a manner that prevents movement in relation to the
structural assembly and movement that would result in the concentration
of harmful local stresses. The frame design must ensure stability under
normal operating conditions.
(1) The frame must securely retain all the components of the bundle
and must protect them from damage during conditions normally incident
to transportation. The method of cylinder restraint must prevent any
vertical or horizontal movement or rotation of the cylinder that could
cause undue strain on the manifold. The total assembly must be able to
withstand rough handling, including being dropped or overturned.
(2) The frame must include features designed for the handling and
transportation of the bundle. The lifting rings must be designed to
withstand a design load of 2 times the maximum gross weight. Bundles
with more than one lifting ring must be designed such that a minimum
sling angle of 45 degrees to the horizontal can be achieved during
lifting using the lifting rings. If four lifting rings are used, their
design must be strong enough to allow the bundle to be lifted by two
rings. Where two or four lifting rings are used, diametrically opposite
lifting rings must be aligned with each other to allow for correct
lifting using shackle pins. If the bundle is filled with forklift
pockets, it must contain two forklift pockets on each side from which
it is to be lifted. The forklift pockets must be positioned

[[Page 3386]]

symmetrically consistent with the bundle center of gravity.
(3) The frame structural members must be designed for a vertical
load of 2 times the maximum gross weight of the bundle. Design stress
levels may not exceed 0.9 times the yield strength of the material.
(4) The frame must not contain any protrusions from the exterior
frame structure that could cause a hazardous condition.
(5) The frame design must prevent collection of water or other
debris that would increase the tare weight of bundles filled by weight.
(6) The floor of the bundle frame must not buckle during normal
operating conditions and must allow for the drainage of water and
debris from around the base of the cylinders.
(7) If the frame design includes movable doors or covers, they must
be capable of being secured with latches or other means that will not
become dislodged by operational impact loads. Valves that need to be
operated in normal service or in an emergency must be accessible.
(8) For bundles of cylinders, pressure receptacle marking
requirements only apply to the individual cylinders of a bundle and not
to any assembly structure.
(f) Design and construction requirements for UN refillable welded
cylinders. In addition to the general requirements of this section, UN
refillable welded cylinders must conform to the following ISO
standards, as applicable:
(1) ISO 4706: Gas cylinders--Refillable welded steel cylinders--
Test pressure 60 bar and below (IBR, see Sec. 171.7 of this
subchapter).
(2) ISO 18172-1: Gas cylinders--Refillable welded stainless steel
cylinders--Part 1: Test pressure 6 MPa and below (IBR, see Sec. 171.7
of this subchapter).
(3) ISO 20703: Gas cylinders--Refillable welded aluminum-alloy
cylinders--Design, construction and testing (IBR, see Sec. 171.7 of
this subchapter).
(g) Design and construction requirements for UN refillable seamless
steel cylinders. In addition to the general requirements of this
section, UN refillable seamless steel cylinders must conform to the
following ISO standards, as applicable:
(1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(IBR, see Sec. 171.7 of this subchapter).
(2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa. (IBR, see Sec. 171.7 of this subchapter).
(3) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders. (IBR, see Sec. 171.7 of this subchapter).
(h) Design and construction requirements for UN refillable seamless
aluminum alloy cylinders. In addition to the general requirements of
this section, UN refillable seamless aluminum cylinders must conform to
ISO 7866: Gas cylinders--Refillable seamless aluminum alloy gas
cylinders--Design, construction and testing. (IBR, see Sec. 171.7 of
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is
prohibited.
(i) Design and construction requirements for UN non-refillable
metal cylinders. In addition to the general requirements of this
section, UN non-refillable metal cylinders must conform to ISO 11118:
Gas cylinders--Non-refillable metallic gas cylinders--Specification and
test methods. (IBR, see Sec. 171.7 of this subchapter.)
(j) Design and construction requirements for UN refillable seamless
steel tubes. In addition to the general requirements of this section,
UN refillable seamless steel tubes must conform to ISO 11120: Gas
cylinders--Refillable seamless steel tubes of water capacity between
150 L and 3000 L--Design, construction and testing. (IBR, see Sec.
171.7 of this subchapter).
(k) Design and construction requirements for UN acetylene
cylinders. In addition to the general requirements of this section, UN
acetylene cylinders must conform to the following ISO standards, as
applicable:
(1) For the cylinder shell:
(i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(ii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.
(2) The porous mass in an acetylene cylinder must conform to ISO
3807-2: Cylinders for acetylene--Basic requirements--Part 2: Cylinders
with fusible plugs. (IBR, see Sec. 171.7 of this subchapter).
(l) Design and construction requirements for UN composite
cylinders. (1) In addition to the general requirements of this section,
UN composite cylinders must be designed for unlimited service life and
conform to the following ISO standards, as applicable:
(i) ISO 11119-1: Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas
cylinders. (IBR, see Sec. 171.7 of this subchapter).
(ii) ISO 11119-2: Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.
171.7 of this subchapter).
(iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load sharing metallic or non-metallic
liners. (IBR, see Sec. 171.7 of this subchapter).
(2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite
construction manufactured in accordance with the requirements for
underwater use must bear the ``UW'' mark.
(m) Design and construction requirements for UN metal hydride
storage systems. In addition to the general requirements of this
section, metal hydride storage systems must conform to the following
ISO standards, as applicable: ISO 16111: Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride (IBR, see Sec.
171.7 of this subchapter).
(n) Material compatibility. In addition to the material
requirements specified in the UN pressure receptacle design and
construction ISO standards, and any restrictions specified in part 173
for the gases to be transported, the requirements of the following
standards must be applied with respect to material compatibility:
(1) ISO 11114-1: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials. (IBR, see Sec. 171.7 of this subchapter).
(2) ISO 11114-2: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 2: Non-metallic
materials. (IBR, see Sec. 171.7 of this subchapter).
(o) Protection of closures. Closures and their protection must
conform to the requirements in Sec. 173.301(f) of this subchapter.
(p) Marking of UN refillable pressure receptacles. UN refillable
pressure receptacles must be marked clearly and legibly. The required
markings must be permanently affixed by stamping, engraving, or other
equivalent method, on the shoulder, top end or neck of the pressure
receptacle or on a permanently

[[Page 3387]]

affixed component of the pressure receptacle, such as a welded collar.
Except for the ``UN'' mark, the minimum size of the marks must be 5 mm
for pressure receptacles with a diameter greater than or equal to 140
mm, and 2.5 mm for pressure receptacles with a diameter less than 140
mm. The minimum size of the ``UN'' mark must be 5 mm for pressure
receptacles with a diameter less than 140 mm, and 10 mm for pressure
receptacles with a diameter of greater than or equal to 140 mm. The
depth of the markings must not create harmful stress concentrations. A
refillable pressure receptacle conforming to the UN standard must be
marked as follows:
(1) The UN packaging symbol.
[GRAPHIC] [TIFF OMITTED] TR19JA11.035

(2) The ISO standard, for example ISO 9809-1, used for design,
construction and testing. Acetylene cylinders must be marked to
indicate the porous mass and the steel shell, for example: ``ISO 3807-
2/ISO 9809-1.''
(3) The mark of the country where the approval is granted. The
letters ``USA'' must be marked on UN pressure receptacles approved by
the United States. The manufacturer must obtain an approval number from
the Associate Administrator. The manufacturer approval number must
follow the country of approval mark, separated by a slash (for example,
USA/MXXXX). Pressure receptacles approved by more than one national
authority may contain the mark of each country of approval, separated
by a comma.
(4) The identity mark or stamp of the IIA.
(5) The date of the initial inspection, the year (four digits)
followed by the month (two digits) separated by a slash, for example
``2006/04''.
(6) The test pressure in bar, preceded by the letters ``PH'' and
followed by the letters ``BAR''.
(7) The rated charging pressure of the metal hydride storage system
in bar, preceded by the letters ``RCP'' and followed by the letters
``BAR.''
(8) The empty or tare weight. Except for acetylene cylinders, empty
weight is the mass of the pressure receptacle in kilograms, including
all integral parts (e.g., collar, neck ring, foot ring, etc.), followed
by the letters ``KG''. The empty weight does not include the mass of
the valve, valve cap or valve guard or any coating. The empty weight
must be expressed to three significant figures rounded up to the last
digit. For cylinders of less than 1 kg, the empty weight must be
expressed to two significant figures rounded down to the last digit.
For acetylene cylinders, the tare weight must be marked on the
cylinders in kilograms. The tare weight is the sum of the empty weight,
mass of the valve, any coating and all permanently attached parts
(e.g., fittings and accessories) that are not removed during filling.
The tare weight must be expressed to two significant figures rounded
down to the last digit. The tare weight does not include the cylinder
cap or any outlet cap or plug not permanently attached to the cylinder.
(9) The minimum wall thickness of the pressure receptacle in
millimeters followed by the letters ``MM''. This mark is not required
for pressure receptacles with a water capacity less than or equal to
1.0 L or for composite cylinders.
(10) For pressure receptacles intended for the transport of
compressed gases and UN 1001 acetylene, dissolved, the working pressure
in bar, proceeded by the letters ``PW''.
(11) For liquefied gases, the water capacity in liters expressed to
three significant digits rounded down to the last digit, followed by
the letter ``L''. If the value of the minimum or nominal water capacity
is an integer, the digits after the decimal point may be omitted.
(12) Identification of the cylinder thread type (e.g., 25E).
(13) The country of manufacture. The letters ``USA'' must be marked
on cylinders manufactured in the United States.
(14) The serial number assigned by the manufacturer.
(15) For steel pressure receptacles, the letter ``H'' showing
compatibility of the steel, as specified in 1SO 11114-1.
(16) Identification of aluminum alloy, if applicable.
(17) Stamp for nondestructive testing, if applicable.
(18) Stamp for underwater use of composite cylinders, if
applicable.
(19) For metal hydride storage systems having a limited life, the
date of expiration indicated by the word ``FINAL,'' followed by the
year (four digits), the month (two digits) and separated by a slash.
(q) Marking sequence. The marking required by paragraph (p) of this
section must be placed in three groups as shown in the example below:
(1) The top grouping contains manufacturing marks and must appear
consecutively in the sequence given in paragraphs (p)(13) through (19)
of this section.
(2) The middle grouping contains operational marks described in
paragraphs (p)(6) through (11) of this section.
(3) The bottom grouping contains certification marks and must
appear consecutively in the sequence given in paragraphs (p)(1) through
(5) of this section.

[[Page 3388]]

[GRAPHIC] [TIFF OMITTED] TR19JA11.036

(r) Other markings. Other markings are allowed in areas other than
the side wall, provided they are made in low stress areas and are not
of a size and depth that will create harmful stress concentrations.
Such marks must not conflict with required marks.
(s) Marking of UN non-refillable pressure receptacles. Unless
otherwise specified in this paragraph, each UN non-refillable pressure
receptacle must be clearly and legibly marked as prescribed in
paragraph (p) of this section. In addition, permanent stenciling is
authorized. Except when stenciled, the marks must be on the shoulder,
top end or neck of the pressure receptacle or on a permanently affixed
component of the pressure receptacle (e.g., a welded collar).
(1) The marking requirements and sequence listed in paragraphs
(p)(1) through (19) of this section are required, except the markings
in paragraphs (p)(8), (9), (12) and (18) are not applicable. The
required serial number marking in paragraph (p)(14) may be replaced by
the batch number.
(2) Each receptacle must be marked with the words ``DO NOT REFILL''
in letters of at least 5 mm in height.
(3) A non-refillable pressure receptacle, because of its size, may
substitute the marking required by this paragraph with a label.
Reduction in marking size is authorized only as prescribed in ISO 7225,
Gas cylinders--Precautionary labels. (IBR, see Sec. 171.7 of this
subchapter).
(4) Each non-refillable pressure receptacle must also be legibly
marked by stenciling the following statement: ``Federal law forbids
transportation if refilled-penalty up to $500,000 fine and 5 years in
imprisonment (49 U.S.C. 5124).''
(5) No person may mark a non-refillable pressure receptacle as
meeting the requirements of this section unless it was manufactured in
conformance with this section.

0
73. In Sec. 178.275, paragraph (h) is revised to read as follows:

Sec. 178.275 Specification for UN Portable Tanks intended for the
transportation of liquid and solid hazardous materials.

* * * * *
(h) Fusible elements. Fusible elements must operate at a
temperature between 110 [deg]C (230 [deg]F) and 149 [deg]C (300.2
[deg]F), provided that the pressure in the shell at the fusing
temperature will not exceed the test pressure. They must be placed at
the top of the shell with their inlets in the vapor space and in no
case may they be shielded from external heat. Fusible elements must not
be utilized on portable tanks with a test pressure which exceeds 2.65
bar (265.0 kPa); however, fusible elements are authorized on portable
tanks for the transportation of certain organometallic materials in
accordance with Sec. 172.102, special provision TP36 of this
subchapter. Fusible elements used on portable tanks intended for the
transport of elevated temperature hazardous materials must be designed
to operate at a temperature higher than the maximum temperature that
will be experienced during transport and must be designed to the
satisfaction of the approval agency.
* * * * *

0
74. In Sec. 178.347-1, paragraph (d)(9) is revised to read as follows:

Sec. 178.347-1 General requirements.

* * * * *
(d) * * *
(9) UW-12 in Section VIII of the ASME Code does not apply to a weld
seam in a bulkhead that has not been radiographically examined, under
the following conditions:
(i) The strength of the weld seam is assumed to be 0.85 of the
strength of the bulkhead.
(ii) The welded seam must be a full penetration butt weld.
(iii) No more than one seam may be used per bulkhead.
(iv) The welded seam must be completed before forming the dish
radius and knuckle radius.
(v) Compliance test: Two test specimens of materials representative
of those to be used in the manufacture of a cargo tank bulkhead must be
tested to failure in tension. The test specimen must be of the same
thickness and joined by the same welding procedure.

[[Page 3389]]

The test specimens may represent all the tanks that are made in the
same facility within 6 months after the tests are completed. Before
welding, the fit-up of the joints on the test specimens must represent
production conditions that would result in the least joint strength.
Evidence of joint fit-up and test results must be retained at the
manufacturer's facility for at least 5 years.
(vi) Acceptance criteria: The ratio of the actual tensile stress at
failure to the actual tensile strength of the adjacent material of all
samples of a test lot must be greater than 0.85.

0
75. In Sec. 178.603, paragraph (f)(4) is revised to read as follows:

Sec. 178.603 Drop test.

* * * * *
(f) * * *
(4) The packaging or outer packaging of a composite or combination
packaging must not exhibit any damage likely to affect safety during
transport. Inner receptacles, inner packagings, or articles must remain
completely within the outer packaging and there must be no leakage of
the filling substance from the inner receptacles or inner packagings;
* * * * *

0
76. In Sec. 178.703, paragraph (a)(1)(viii) is revised to read as
follows:

Sec. 178.703 Marking of IBCs.

(a) * * *
(1) * * *
(viii) The maximum permissible gross mass in kg.
* * * * *

0
77. In Sec. 178.955, paragraphs (c)(6) and (7) are added to read as
follows:

Sec. 178.955 General requirements.

* * * * *
(c) * * *
(6) Remanufactured Large Packaging is a metal or rigid Large
Packaging that is produced as a UN type from a non-UN type or is
converted from one UN design type to another UN design type.
Remanufactured Large Packagings are subject to the same requirements of
this subchapter that apply to new Large Packagings of the same type.
(7) Reused Large Packaging is a Large Packaging intended to be
refilled and has been examined and found free of defects affecting its
ability to withstand the performance tests. See also Sec. 173.36(c) of
this subchapter.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
78. The authority citation for part 180 continues to read as follows:

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

Sec. 180.207 [Amended]

0
79. In Sec. 180.207, in paragraph (c), in Table 1, between the right-
hand columns entries ``Composite pressure receptacles'' and ``Pressure
receptacles used for,'' a new entry ``Metal hydride storage systems''
is added in the right-hand column and the number ``5'' is added for the
entry in the left-hand column.

0
80. In Sec. 180.350, in paragraph (b), the second sentence is revised
to read as follows:

Sec. 180.350 Applicability and definitions.

* * * * *
(b) * * * For the purposes of this subchapter, the replacement of
the rigid inner receptacle of a composite IBC with one from the
original manufacturer is considered a repair. * * *
* * * * *

Issued in Washington, DC on December 29, 2010 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2010-33324 Filed 1-18-11; 8:45 am]
BILLING CODE 4910-60-P