[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26796-26806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11971]
[[Page 26795]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions; Implementation; Final Rule
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules
and Regulations
[[Page 26796]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173 and 178
[Docket HM-215A; Amdt. Nos. 171-132, 172-140, 173-242, and 178-107]
RIN 2137-AC42
Implementation of the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; editorial revisions and response to petitions for
reconsideration.
-----------------------------------------------------------------------
SUMMARY: On December 29, 1994, RSPA published a final rule which
amended the Hazardous Materials Regulations to maintain alignment with
corresponding provisions of international standards. Recent changes to
the International Maritime Dangerous Goods Code (IMDG Code), the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions or ICAO TI), and the United Nations Recommendations on the
Transport of Dangerous Goods (UN Recommendations) necessitated
amendments to domestic regulations to provide consistency with
international transport requirements and to facilitate the transport of
hazardous materials in international commerce. This final rule corrects
errors in that final rule and responds to petitions for
reconsideration.
DATES: Effective: This final rule is effective October 1, 1995. The
effective date for the final rule published under Docket HM-215A on
December 29, 1994 (59 FR 67390) remains October 1, 1995.
Compliance: However, compliance with the regulations is authorized
from January 1, 1995.
FOR FURTHER INFORMATION CONTACT: Beth Romo or John Gale, Office of
Hazardous Materials Standards (202) 366-4488, Hazardous Materials
Safety, 400 Seventh Street SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION: On December 29, 1994 (59 FR 67390), RSPA
published a final rule under Docket HM-215A to maintain alignment with
corresponding provisions in international standards, based on recent
changes to the International standards. Since publication of the final
rule, RSPA has received seven petitions for reconsideration, as well as
other correspondence identifying errors. This document incorporates
editorial and technical revisions to the final rule based on the merit
of petitions and other revisions that RSPA has determined are necessary
to correct or clarify the final rule.
Section-by-Section Review
Part 171
Section 171.14. This section was rewritten in the final rule to
remove certain obsolete compliance dates for Docket HM-181 requirements
and to add new transition dates for provisions adopted under Docket HM-
215A. In paragraph (a)(2)(i), which delays compliance with new placard
specifications until October 1, 2001, the phrases ``placards specified
in the December 21, 1990 final rule'' and ``for highway transportation
only'' were inadvertently omitted. RSPA did not intend to exclude
placards specified in the December 21, 1990 final rule, nor to expand
the scope of this transition provision to other modes; therefore, the
phrases ``or placards specified in the December 21, 1990 final rule''
and ``for highway transportation only'' are reinstated in paragraph
(a)(2).
Paragraph (b) introductory text, paragraph (b)(1) and paragraph
(b)(2) are revised to clarify that amendments contained in this
document supersede changes made in the December 29, 1994 final rule.
RSPA has received numerous inquiries concerning the effective date for
compliance with the latest requirements in the ICAO Technical
Instructions and the IMDG Code. A Competent Authority Approval was
issued on December 29, 1994, which authorizes shipments entering the
U.S. by air or vessel to comply with either the 1993-1994 or 1995-1996
ICAO TI and either Amendment 26 or Amendment 27 of the IMDG Code until
October 1, 1995. For export shipments, each destination country should
be consulted for delayed implementation dates.
Part 172
Section 172.101: The Hazardous Materials Table. In the Hazardous
Materials Table (HMT), several editorial changes are made in response
to petitions for reconsideration and agency initiatives. The entry in
the HMT for ``Benzaldehyde'' is revised by placing a ``+'' in the first
column which fixes the hazard class for this material at Class 9. The
entry ``n-Butyl isocyanate'' is revised to correctly identify the
material as a Hazard Zone B inhalation hazard material. Aircraft
quantity limitations for ``Cyanogen bromide'' are revised for
consistency with the ICAO TI. The ``D'' in the first column for PETN is
removed. Special Provision 45 is removed from ``Methyl
Trichloroacetate'' and correctly assigned to the entry ``Methacrylic
acid, inhibited''. The entry for ``Maneb, stabilized or Maneb
preparations, stabilized'' is revised by correctly referencing Special
Provision 54 in Column (7).
RSPA received one petition for reconsideration and numerous
inquiries requesting that the shipping name ``Azodicarbonamide'' be
added to the HMT. Clarification on the applicability of the HMR to
certain formulations of azodicarbonamide also was requested. This
shipping name was proposed but, based on the merit of comments, was not
adopted in the final rule. In the final rule, RSPA stated that this
entry was ``superfluous'' in light of the new classification scheme for
self-reactive materials. However, the petitioner correctly pointed out
that this is not consistent with international standards and, without
this proper shipping name, packagings containing this material which
are imported into the U.S. would need to be remarked before being
reshipped. Therefore, RSPA is adding the shipping name
``Azodicarbonamide'' to the HMT. In addition, based on this petition
for reconsideration, RSPA is adding Special Provision 38, which
incorporates the requirements of Special Provision 215 of the UN
Recommendations for azodicarbonamide. This special provision clarifies
that azodicarbonamide with a Self-accelerated decomposition temperature
(SADT) of 75 deg. C or greater is not a self-reactive material.
The entries for certain pesticides described as having a ``flash
point less than 23 degrees C'' are revised by removing Packing Group
III provisions. Based on packing group criteria provided in
Sec. 173.121, Packing Group III materials in Class 3 cannot have a
flash point less than 23 degrees C; therefore, Packing Group III
provisions are unnecessary.
Several entries are revised by adding, removing, or revising
special provisions in Column (7). For the entries, ``Jet perforating
guns, charged oil well, without detonator,'' classed in Divisions 1.1D
and 1.4D, Special Provision 55 is added. To provide consistency with
revised Sec. 173.185, Special Provisions 18 and A12 assigned to
``Lithium batteries, contained in equipment'' are removed from that
entry and Special Provision 29 is revised. In addition, quantity
limitations for passenger and cargo only [[Page 26797]] aircraft are
adjusted to reflect these revisions.
Appendix B to Sec. 172.101. In the List of Marine Pollutants as
revised in the final rule, the severe marine pollutant designation
``PP'' is removed for the entry for ``Diethylbenzenes (mixed isomers)''
and is added for the entry ``Copper metal powders''.
Section 172.102. As discussed above, based on a petition for
reconsideration, RSPA is adding Special Provision 38, which
incorporates the requirements of Special Provision 215 of the UN
Recommendations for azodicarbonamide. This special provision clarifies
that azodicarbonamide with an SADT of 75 deg. C or greater is not a
self-reactive material. Also as discussed above, RSPA is removing
Special Provisions 18 and A12 and revising Special Provision 29 for
lithium batteries. In addition, RSPA is correcting Special Provision 35
to clarify that if a material assigned this special provision does not
meet Division 6.1, but does meet another hazard class, it is subject to
the HMR. This is consistent with international standards. Special
Provision 51 is revised to indicate the quantity limitations of
propellant for the different divisions for model rocket motors, and
Special Provisions 55 and 56 are added to clarify that jet perforating
guns with detonators must be approved and must incorporate a safety
device.
Section 172.204. The certification in paragraph (a)(2) is revised
to reflect the exact language contained in international standards.
Section 172.402. A footnote to the subsidiary labeling table in
paragraph (a)(2) is revised to clarify that only a Class 3 Packing
Group III material with a flash point at or above 38 deg. C (100 deg.
F) being transported by highway or rail is excepted from the
requirement to apply a subsidiary Class 3 label.
Part 173
Section 173.23. A new paragraph (g) is added to allow the continued
use of non-bulk packagings conforming to the pre-HM-215A requirements
of Subparts L and M of Part 178. This will permit authorized packagings
marked with minimum, rather than nominal, thickness and not permanently
marked on the bottom to remain in service.
Section 173.24. Newly adopted provisions in paragraphs (c)(1) and
(d)(2), authorizing the use of UN standard packagings manufactured
outside the U.S., are revised to clarify that these packagings are not
subject to the specification requirements in Part 178.
Section 173.28. The requirement to mark packagings with the month
leakproofness testing was performed is removed in paragraph (b)(2)(ii).
This is consistent with the reconditioning marking requirement in
Sec. 178.503(c)(1)(iii), revised in the final rule to require only
marking the year of reconditioning.
In the final rule, in the footnote to the table in paragraph
(b)(4), RSPA adopted minimum thicknesses of 0.80 mm and 1.10 mm as the
required minimum thicknesses of the steel in the side and head,
respectively, of a drum. The Association of Container Reconditioners
(ACR) petitioned RSPA to restore the minimum thickness requirements to
0.82 mm (0.032 inch) and 1.09 mm (0.043 inch), which were the minimum
thickness requirements adopted in the December 1990 final rule under
Docket HM-181. The ACR expressed concern that a 1995 or later drum
bearing a ``0.80'' thickness marking could be a drum for which the
minimum thickness is 0.8 mm but more likely could be a drum marked as
nominal 0.8 mm for which the minimum thickness is actually 0.73 mm. In
such a case, the drum marked as nominal 0.8 mm could not be reused or
reconditioned. Conversely, the Steel Shipping Container Institute
(SSCI) asked RSPA to revise the footnote to indicate a minimum
thickness of 0.73 mm (0.029 inch) body and 1.01 mm (0.040 inch) head,
which is the minimum for a nominal thickness of 0.80 mm and 1.10 mm,
respectively. SSCI believes that use of nominal thickness would allow
for consistent use of UN markings as a guide to reconditioning.
After studying both petitions, as well as the history of this
footnote, RSPA has concluded that what were believed to be
inconsequential differences in rounding techniques have led to the
current situation. In adopting the footnote to the table in the
December 1990 final rule, RSPA intended to allow drums with minimum
head and body thicknesses corresponding to the minimum thicknesses for
18 and 20 gauge steel. This decision was based on the merit of comments
to Notice 87-4 [May 5, 1987; 52 FR 16482] contending that steel drums
used in the U.S. with 18 gauge body and 20 gauge heads have proven to
be adequate for transportation and reuse. (The Notice proposed a 1.0 mm
minimum thickness for both body and head for reuse.) RSPA did not
intend to authorize significantly thinner drums by rounding the minimum
thickness from 0.82 to 0.8 mm and understands the problems that may
result from drums marked ``0.8.''
RSPA is not prepared to reduce the required minimum thickness to
0.73 mm, as SSCI suggested, because there is no assurance that drums
with such a thickness can be reused safely. Based on the merits of
comments, RSPA believes that a minimum body thickness of 0.82 mm and a
minimum head thickness of 1.09 mm are the most appropriate minimum
thicknesses to maintain the desired level of safety, and the footnote
is revised accordingly. Because the metric measurement is the
regulatory standard and the U.S. customary measurement is provided for
information only, RSPA is removing the equivalent measurements in
inches in the footnote to preclude further confusion. To determine an
equivalent measurement in U.S. customary units, a conversion table is
provided in Sec. 171.10.
Three petitioners asked RSPA to reconsider the exception for
certain plastic drums from leakproofness testing before each reuse. The
Society of Plastics Industry (SPI) claimed that by adopting this
provision in the final rule without specifically proposing an exception
for plastic drums in the NPRM, RSPA had not provided adequate notice
and opportunity to comment. Another petitioner, the Association of
Container Reconditioners, also noted that adoption of the exception
from leakproofness testing before reuse for certain plastic drums was
``improper, having been without required notice under the
Administrative Procedure Act.''
Section 553(b)(3) of the Administrative Procedures Act (APA) states
that:
General notice of proposed rule making shall be published in the
Federal Register * * *. The notice shall include-- * * * (3) either
the terms or substance of the proposed rule or a description of the
subjects and issues involved.
5 U.S.C. 553(b)(3).
Section 553(c) requires that after notice has been given as
required under section 553(b)(3):
* * * the agency shall give interested persons an opportunity
to participate in the rule making through submission of written
data, views, or arguments * * *.
5 U.S.C. 553(c).
Petitioners argued that the final rule extending the exception from
leakproofness testing to plastic drums differed so substantially from
the proposed amendment regarding leakproofness testing that they
essentially were denied notice and an opportunity to comment, as
required under section 553 (b)(3) and (c). However, in the Notice of
Proposed [[Page 26798]] Rulemaking (NPRM) published on July 18, 1994
(59 FR 36488), RSPA stated
Based on the merits of a petition for rulemaking (P-1133), a new
paragraph [178.37](b)(7) would be added to waive retesting
requirements for certain packagings used in limited operations prior
to each reuse * * *. RSPA is proposing similar provisions in new
paragraph (b)(7) for certain packagings to be reused without
leakproof testing. Packagings would be limited to stainless steel,
monel, or nickel drums (or other packagings approved by the
Associate Administrator for Hazardous Materials Safety) * * *. Other
packagings could qualify only if approved by the Associate
Administrator for Hazardous Materials Safety.
(Emphasis added.)
Based on this statement, 34 commenters requested that the agency
extend the exception from leakproofness testing to plastic drums as
well as those made of stainless steel, monel or nickel.
Although section 553(b)(3) requires that a Notice of Proposed
Rulemaking (NPRM) contain ``either the terms or substance of the
proposed rule or a description of the subjects and issues involved,''
it does not require an agency to publish in advance every precise
proposal which it may ultimately adopt as a rule. Daniel International
Corporation v. Occupational Safety and Health Review Commission and the
Secretary of Labor, 656 F.2d 925 (4th Cir. 1981) citing Spartan
Radiocasting Co. v. F.C.C., 619 F.2d 314 (4th Cir. 1980) and California
Citizens Band Association v. U.S., 375 F.2d 43 (9th Cir. 1967), cert.
denied, 389 U.S. 844, 88 S. Ct. 96 (1967). This is particularly true
when proposals are adopted in response to comments from participants in
the rulemaking proceeding, as is the case in this instance. The
``requirement of submission of a proposed rule for comment does not
automatically generate a new opportunity for comment merely because the
rule promulgated differs from the rule proposed, partly at least in
response to submissions.'' Daniel International Corporation v.
Occupational Safety and Health Review Commission and the Secretary of
Labor, 656 F.2d at 932, citing International Harvester Co. v.
Ruckelshaus, 478 F.2d 615, 632 (D.C. Cir. 1973). ``A contrary rule
would lead to the absurdity that an agency could learn from comments on
its proposals only at the peril of starting a new procedural round of
commentary.'' Id. at 932, citing International Harvester at 632, n. 51.
As in Daniel International, the change in RSPA's requirement was
made in response to comments to the NPRM. And, although the NPRM that
was the subject of Daniel International did not indicate that a change
in application of the standard at issue was contemplated, the court
nevertheless found that the filing of numerous comments on the issue
suggested that the notice was adequate. The court noted that to hold
otherwise would penalize the agency for benefitting from comments
received and further bureaucratize the process. Id. at 932. In this
instance, RSPA specifically stated twice that it would consider
extending the leakproofness testing exception to other packagings upon
request. These statements were sufficient to generate 34 comments
requesting that RSPA extend the leakproofness testing exception to
plastic drums. Therefore, the NPRM gave sufficient notice and an
opportunity to comment on the issue of exceptions for leakproofness
testing.
In its petition, in addition to the claim that RSPA violated the
APA, SPI charged that adoption of this exception ``could be viewed as
an arbitrary and capricious abandonment of RSPA's public safety
responsibility.'' However, in a petition for reconsideration to HM-181
submitted in 1991 by the Plastic Drum Institute (PDI), a division of
SPI, the PDI noted that ``plastic drums, for example, do not have a
seamed type of construction that can contribute to seepage types of
leakage.'' Furthermore, a comment to the proposed HM-181 rule cited a
PDI report stating that ``in 1986, the release from these
(Specification 34 plastic) drums was less than .003% of the total drum
shipments. Of the total gallons lost, the amount was less than .0005%
of the total volume shipped.'' Therefore, RSPA does not agree that
plastic drums that have demonstrated a very low frequency of leakage
without leakproofness testing before each reuse should be subject to
such testing. SPI's petition for reconsideration is, therefore, denied.
RSPA has received numerous requests to clarify provisions in the
exception from leakproofness testing before reuse of certain metal and
plastic drums. Of particular concern is the phrase ``distribution chain
controlled by the offeror'' in paragraph (b)(7)(iii). The exception is
intended to apply only to a drum which is in dedicated service; i.e.,
the drum is refilled with the same material or a material compatible
with that previously contained in the drum, only the original filler
may refill the drum before offering it for transportation, and the drum
may only be transported in a transport vehicle or freight container
that does not contain any material offered by anyone other than the
filler of the drums. The drums may be transported to an unspecified
number of destinations, as long as they are not refilled by anyone
other than the original filler. Otherwise, they must be leakproofness
tested before they are refilled. Paragraph (b)(7) is revised to clarify
the intent of the exception.
Section 173.62. One petitioner requested that RSPA reconsider the
decision not to adopt a domestic shipping description for jet
perforating guns, with detonator. The petitioner had requested that the
description be added to the final rule. RSPA rejected the request
stating ``US006 only allows detonators to be transported with, not in,
detonators.'' The petitioner, however, noted that in the NPRM published
under Docket HM-166X [August 7, 1991; 56 FR 37505] RSPA stated it was
revising packing method US006 to permit the transport of jet
perforating guns with detonators attached. RSPA stands corrected. The
HMR currently does allow, with safety features, the transport of jet
perforating guns with detonators attached when approved in accordance
with Sec. 173.56. Therefore, RSPA is adding domestic shipping
descriptions (Divisions 1.1D and 1.4D) for jet perforating guns with
detonators attached. RSPA is adding special provisions to these
description to clarify that the device must be approved in accordance
with Sec. 173.56 and it must incorporate a safety device. RSPA also is
clarifying the shipping descriptions for jet perforating guns without
detonators by adding a special provision that makes it clear that this
item must be approved in accordance with Sec. 173.56. In addition, in
the paragraph (c) Table of Packing Methods, packing method E-142 is
revised to correctly reference appropriate packaging requirements and
exceptions.
Section 173.150. Paragraph (d)(2) is revised for clarity and
consistency with international provisions which except from regulation
alcoholic beverages in inner packagings having a capacity of five
liters or less. The final rule authorized ``packagings'' of five liters
or less, but did not specify ``inner packagings''. This error is
corrected in this document.
Section 173.185. Paragraphs (e)(6), (h)(1), and (j) are revised to
clarify certain provisions adopted under the final rule. Paragraph
(e)(6) is revised to indicate that the limit of 500 g of lithium or
lithium alloy in strong inner packagings is for each inner packaging.
Paragraph (h)(1), which addresses cells and batteries for disposal,
clarifies that the 12 g limit per cell applies to the cell when new.
Paragraph (j) is revised to emphasize that provisions for transport for
testing purposes do not apply to [[Page 26799]] lithium cells and
batteries contained in equipment.
Sections 173.224 and 173.225. Several editorial changes are made to
the Self-Reactive Materials Table in Sec. 173.224 and the Organic
Peroxide Table in Sec. 173.225, based on petitions for reconsideration
and agency initiative.
Section 173.306. Based on a provision in the UN Recommendations,
RSPA proposed and incorporated a hot water bath test for aerosol
containers in paragraph (a)(3)(v). By adopting provisions identical to
those contained in the UN Recommendations, RSPA failed to remove
wording referring to certain non-specification plastic aerosol
containers. The final rule made no revisions to paragraphs (a)(3) and
(a)(3)(ii), which specify only metal containers. Based on a request to
clarify these provisions, RSPA is amending paragraph (a)(3)(v) to
remove all references to plastic containers.
Part 178
Section 178.503. In paragraph (e)(3), the example of a UN marking
for reconditioned packagings is revised to indicate that only the last
two digits of the year the packaging was reconditioned are required as
part of the marking.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered to be a significant regulatory
action under section 3(f) of Executive Order 12866 and was not reviewed
by the Office of Management and Budget. The rule is not considered
significant under the Regulatory Policies and Procedures of the
Department of Transportation [44 FR 11034]. The original regulatory
evaluation of the final rule was reexamined but was not modified
because the changes made under this rule will result in minimal
economic impact on industry.
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism'').
Federal law expressly preempts State, local, and Indian tribe
requirements applicable to the transportation of hazardous material
that cover certain covered subjects and are not substantively the same
as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
(A) The designation, description, and classification of hazardous
materials;
(B) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(C) The preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(D) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(E) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
This final rule concerns classification, packaging, labeling,
marking, shipping documentation, and manufacture of packaging for
hazardous material. Therefore, this final rule preempts State, local,
or Indian tribe requirements that are not substantively the same as
Federal requirements on these subjects.
Section 5125(b)(2) of title 49 U.S.C. provides that when 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. That effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA has determined that the
effective date of Federal preemption for these requirements will be
October 1, 1995. Thus, RSPA lacks discretion in this area, and
preparation of a federalism assessment is not warranted.
C. Regulatory Flexibility Act
This rule revises certain provisions incorporated into the
Hazardous Materials Regulations based on changes introduced in the
seventh and eighth revised editions of the UN Recommendations, the
1993-1994 and 1995-1996 ICAO Technical Instructions, and Amendments 26
and 27 to the IMDG Code. It applies to offerors and carriers of
hazardous materials and facilitates the transportation of hazardous
materials in international commerce by providing consistency with
international requirements. Therefore, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
The requirements for information collection have been approved by
the Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act 0f 1980 (Pub. L. 96-511) under OMB control
number 2137-0034 for shipping papers and 2137-0557 for approvals.
E. 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 number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
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
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 178
Hazardous materials transportation, Motor vehicles safety,
Packaging and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 171, 172, 173 and
178 are amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.14, as revised at 59 FR 67407, on December 29, 1994,
a new sentence is added after the first sentence of paragraph (b)
introductory text to read as follows:
Sec. 171.14 Transitional provisions for implementing requirements
based on the UN Recommendations.
* * * * *
(b) * * * A final rule published in the Federal Register on May 18,
1995, effective October 1, 1995, further amended the December 29, 1994
final rule. * * *
* * * * * [[Page 26800]]
Sec. 171.14 [Amended]
3. In addition, in Sec. 171.14, as revised at 59 FR 67407, the
following changes are made:
a. In paragraph (a)(2)(ii), the wording ``September 30, 1991, may
be used in place of `` is revised to read ``September 30, 1991 or
placards specified in the December 21, 1990 final rule may be used, for
highway transportation only, in place of''.
b. In paragraph (b) introductory text, at the end of the last
sentence, the wording ``as amended in the final rule published in the
Federal Register on May 18, 1995 is added.
c. In paragraph (b)(1), the wording ``December 29, 1994, final
rule'' is revised to read ``December 29, 1994 final rule, as amended in
the May 18, 1995 final rule''.
d. In paragraph (b)(2) introductory text, the wording ``by the
December 29, 1994, rule,'' is revised to read ``by the December 29,
1994 rule, as amended by the May 18, 1995 rule,''.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
4. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
5. In Sec. 172.101, as amended at 59 FR 67408, the Hazardous
Materials Table is amended by removing or adding in alphabetical order
the following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
Section 172.101.--Hazardous Materials Table
(8) Packaging authorizations (9) Quantity (10) Vessel stowage
(Sec. 173.***) limitations requirements
Hazardous materials Hazard Identification Packing Label(s) required (if not Special ---------------------------------------------------------------------------------
Symbols descriptions and proper class or Numbers group excepted) provisions Passenger Cargo Other
shipping names Division Exceptions Non-bulk Bulk aircraft aircraft Vessel stowage
packaging packaging or railcar only stowage provisions
(1) (2)....................... (3)..... (4)........... (5).... (6)....................... (7)....... (8A)...... (8B)..... (8C)..... (9A)...... (9B)...... (10A)..... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Arsenical pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Benzoic derivative * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides, liquid,
flammable, toxic, flash
point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
[[Page 26801]]
* * * * * * *
Bipyridilium pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Carbamate pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Copper based pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Dithiocarbamate * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides, liquid,
flammable, toxic, flash
point less than 23
degrees C.
* * * * * * *
[REMOVE]
[[Page 26802]]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Mercury based pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40
AWAY FROM FOOD.
* * * * * * *
Organochlorine pesticides * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
* * * * * * *
Organophos- phorous * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides, liquid,
flammable, toxic, flash
point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
[[Page 26803]]
* * * * * * *
Pesticides, liquid, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
flammable, toxic, (flash
point less than 23
degrees C).
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B ..........
AWAY FROM FOOD.
* * * * * * *
Phenoxy pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
* * * * * * *
Phenyl urea pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
liquid, flammable, toxic,
flash point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
* * * * * * *
Phthalimide deriviative * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides, liquid,
flammable, toxic, flash
point less than 23
degrees C.
* * * * * * *
[REMOVE]
[[Page 26804]]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
* * * * * * *
Substituted nitrophenol * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides, liquid,
flammable, toxic, flash
point less than 23
degrees C.
* * * * * * *
[REMOVE]
.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........
AWAY FROM FOOD.
* * * * * * *
[ADD]
* * * * * * *
Azodicarbonamide.......... 4.1 UN3242 II FLAMMABLE SOLID........... 38 151 212 240 Forbidden. Forbidden. D 12, 61, 74
* * * * * * *
D Jet perforating guns, 1.1D NA0124 II EXPLOSIVE 1.1D............ D55, 56 None...... 62....... None..... Forbidden. Forbidden. A 24E
charged oil well, with
detonator.
D Jet perforating guns, 1.4D NA0494 II EXPLOSIVE 1.4D............ 55, 56.... None 62 None Forbidden Forbidden B
charged oil well, with
detonator.
Sec. 172.101 [Amended]
6. In addition, in Sec. 172.101, in the Hazardous Materials Table,
as amended at 59 FR 67408, the following changes are made:
a. For the entry ``Benzaldehyde'', in Column (1), a ``+'' is added.
b. For the entry ``n-Butyl isocyanate'', in Column (7), Special
Provisions ``1'', ``B30'', ``B72'' and ``T44'' are removed and Special
Provisions ``2'', ``B32'', ``B74'' and ``T45'' are added in their
place; and in Column (8B), the reference ``226'' is revised to read
``227''.
c. For the entry ``Cotton'', in Column (4), the identification
number ``NA1365'' is added.
d. For the entry ``Cotton, wet'', in Column (4), the identification
number ``UN1365'' is added.
e. For the entry ``Coumarin deriviative pesticides, liquid, toxic,
flammable, flashpoint less than 23 degrees C'', the wording
``flashpoint less than'' is revised to read ``flash point not less
than''.
f. For the entry ``Cyanogen bromide'', in Column (9A), the wording
``Forbidden'' is revised to read ``1 kg'', and in Column (9B) the
wording ``Forbidden'' is revised to read ``15 kg''.
g. For the entry ``Isopentane, see n-Pentane'', in Column (2), the
wording ``n-Pentane'' is revised to read ``Pentane''.
h. For the entry ``Jet perforating guns, charged oil well, without
detonator'', Special Provision ``55'' is added in Column (7), and for
the entry ``Jet perforating guns, charged, oil well, without
detonator'', Special Provision ``55,'' is added in Column (7) before
``114''.
i. For the entry ``Lithium batteries, contained in equipment'', in
Column [[Page 26805]] (7), Special Provisions ``18'' and ``A12'' are
removed; in Column (9A) the word ``Forbidden'' is removed and the
wording ``5 kg'' is added in its place; and in Column (9B), the wording
``See A12'' is removed and the wording ``5 kg'' is added in its place.
j. For the entry ``Lithium battery'', in Column (9A), the wording
``Forbidden'' is removed and the wording ``5 kg'' is added in its
place.
k. For the entry ``Maneb stabilized or Maneb preparations,
stabilized against self-heating'' in Column (7), Special Provision
``53'' is revised to read ``54''.
l. For the entry ``Methacrylic acid, inhibited'', in Column (7),
Special Provision ``45,'' is added before ``T8''.
m. For the entry ``Methyl trichloroacetate'', in Column (7),
Special Provision ``45,'' is removed.
n. For the entry ``Pentaerythrite tetranitrate, wetted or
Pentaerythritol tetranitrate, wetted, or PETN, wetted with not less
than 25 percent water, by mass, or Pentaerythrite tetranitrate, or
Pentaerythritol tetranitrate or PETN, desensitized with not less than
15 percent phlegmatizer by mass'' the ``D'' in Column (1) is removed.
Appendix B to Sec. 172.101 [Amended]
7. In Appendix B to Sec. 172.101, as amended at 59 FR 67485, in the
List of Marine Pollutants, the following changes are made:
a. For the entry ``Copper metal powder'', in Column (1), ``PP'' is
added.
b. For the entry ``Diethylbenzenes (mixed isomers)'', in Column
(1), ``PP'' is removed.
8. In Sec. 172.102, in paragraph (c)(1), Special Provision 18 is
removed, Special Provision 29 is revised, Special Provision 51, as
added at 59 FR 67485, is revised, and Special Provisions 38, 55 and 56
are added; and in paragraph (c)(2), Special Provision A12 is removed,
to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
29 Lithium cells and batteries and equipment containing or
packed with lithium cells and batteries which do not comply with the
provisions of Sec. 173.185 of this subchapter may be transported
only if they are approved by the Associate Administrator for
Hazardous Materials Safety.
* * * * *
38 If this material shows a violent effect in laboratory tests
involving heating under confinement, the labeling requirements of
Special Provision 53 apply, and the material must be packaged in
accordance with packing method OP6B in Sec. 173.225 of this
subchapter. If the SADT is higher than 75 deg. C, the technically
pure substance and formulations derived from it are not self-
reactive materials.
* * * * *
51 This description applies to items previously described as
``Toy propellant devices, Class C'' and includes reloadable kits.
Model rocket motors containing 30 grams or less propellant are
classed as Division 1.4S and items containing more than 30 grams of
propellant but not more than 62.5 grams of propellant are classed as
Division 1.4C.
* * * * *
55 This device must be approved in accordance with Sec. 173.56
of this subchapter by the Associate Administrator for Hazardous
Materials Safety.
56 A means to interrupt and prevent detonation of the detonator
from initiating the detonating cord must be installed between each
electric detonator and the detonating cord ends of the jet
perforating guns before the charged jet perforating guns are offered
for transportation.
* * * * *
Sec. 172.102 [Amended]
9. In addition, in Sec. 172.102(c)(1), as amended at 59 FR 67485,
Special Provision 35 is amended by removing the wording ``are not
subject to the requirements of this subchapter'' and adding in its
place ``do not meet the definition of Division 6.1''.
10. In Sec. 172.204, paragraph (a)(2) is revised to read as
follows:
Sec. 172.204 Shipper's certification.
(a) * * *
(2) ``I hereby declare that the contents of this consignment are
fully and accurately described above by the proper shipping name, and
are classified, packaged, marked and labelled/placarded, and are in all
respects in proper condition for transport according to applicable
international and national governmental regulations.''
* * * * *
Sec. 172.402 [Amended]
11. In Sec. 172.402, as amended at 59 FR 67490, in paragraph
(a)(2), in the footnotes following the table, the footnote identified
as ``*'' is revised to read ``Required for all modes, except for a
material with a flash point at or above 38 deg. C (100 deg.F)
transported by rail or highway''.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
12. The authority citation for Part 173 continues to read as
follows:
Authority: 49 App. U.S.C. 5101-5127; 49 CFR 1.53.
13. In Sec. 173.23, a new paragraph (g) is added to read as
follows:
Sec. 173.23 Previously authorized packaging.
* * * * *
(g) A non-bulk packaging manufactured, tested, marked, and
certified on or before September 30, 1996, in accordance with the
applicable provisions of subparts L and M of part 178 of this
subchapter in effect on September 30, 1995, may be used as authorized
by this subchapter if the packaging conforms to all requirements
applicable at the time of manufacture. In addition, such a packaging
may be reused as authorized by Sec. 173.28 without a nominal thickness
marking, if it conforms to the minimum thickness criteria prescribed in
Sec. 173.28(b)(4).
Sec. 173.24 [Amended]
14. In Sec. 173.24, as amended at 59 FR 67491, the following
changes are made:
a. In paragraph (c)(1), the wording ``(including U.N. standard
packagings manufactured in the United States)'' is revised to read
``(but not including UN standard packagings manufactured outside the
United States)''.
b. In paragraph (d)(2) introductory text, the wording ``used as an
authorized packaging'' is revised to read ``used and is considered to
be an authorized packaging''.
15. In Sec. 173.28, as amended at 59 FR 67491, paragraph
(b)(7)((iii) is redesignated as paragraph (b)(7)(iv), a new paragraph
(b)(7)(iii) is added and paragraph (b)(7) introductory text, paragraph
(b)(7)(i) and paragraph (b)(7)(ii) are revised, to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(b) * * *
(7) Notwithstanding the provisions of paragraph (b)(2) of this
section, a packaging otherwise authorized for reuse may be reused
without being leakproofness tested with air provided the packaging--
(i) Is refilled with a material which is compatible with the
previous lading:
(ii) Is refilled and offered for transportation by the original
filler;
(iii) Is transported in a transport vehicle or freight container
under the exclusive use of the refiller of the packaging; and
* * * * *
Sec. 173.28 [Amended]
16. In addition, in Sec. 173.28, the following changes are made:
a. In paragraph (b)(2)(ii), in the first sentence, the wording
``month and'' is removed.
[[Page 26806]]
b. In paragraph (b)(4), as revised at 59 FR 67491, in Footnote 1
following the table, the wording ``0.80 mm (0.03 inch) body and 1.10 mm
(0.043 inch) heads'' is revised to read ``0.82 mm body and 1.09 mm
head''.
17. In Sec. 173.62, in paragraph (b), the Explosives Table is
amended by adding the following entry in appropriate alpha-numerical
sequence to read as follows:
Sec. 173.62 Specific packaging requirements.
* * * * *
(b) * * *
Explosives Table
------------------------------------------------------------------------
Identification No. Packing methods
------------------------------------------------------------------------
[ADD]..............................
NA0494............................. US006
------------------------------------------------------------------------
* * * * *
Sec. 173.62 [Amended]
17a. In addition, in Sec. 173.62, as amended at 59 FR 67492, in
paragraph (c) ``Table of Packing Methods'', for the entry ``E-142'', in
Column (4), ``40, D11, D39'' is revised to read ``41, D9, D11''.
Sec. 173.150 [Amended]
18. In Sec. 173.150, as amended at 59 FR 67508, in paragraph
(d)(2), the wording ``a packaging of five liters'' is revised to read
``an inner packaging of five liters''.
Sec. 173.185 [Amended]
19. In Sec. 173.185, as revised at 59 FR 67509, the following
changes are made:
a. In paragraph (e)(6), at the end of the first sentence, after the
word ``alloy'', the wording ``per inner packaging'' is added.
b. In paragraph (h)((1), after the word ``Cells'', the wording ``,
when new,'' is added.
c. In paragraph (j), in the first sentence, after the wording
``testing purposes,'' the wording ``when not contained in equipment,''
is added.
20. In Sec. 173.224, as revised at 59 FR 67511, at the end of the
paragraph (b) table, a new Note 3 is added to read as follows:
Sec. 173.224 Packaging and control and emergency temperatures for
self-reactive materials.
* * * * *
(b) * * *
Self-Reactives Materials Table
* * * * *
Notes:
* * * * *
3. The emergency and control temperatures must be determined in
accordance with Sec. 173.21(f).
Sec. 173.224 [Amended]
21. In addition, in Sec. 173.224, as revised at 59 FR 67511, in the
table in paragraph (b), the following changes are made:
a. For the entries ``Azodicarbonamide formulation type B'',
``Azodicarbonamide formulation type C'' and ``Azodicarbonamide
formulation type D'', in Column (7), ``3'' is added.
b. For the entry ``2,21=Azodi(isobutyronitrile)'', in Column
(1), ``2,21'' is revised to read ``2,2''', and in Column (6), the
emergency temperature ``45'' is revised to read ``+45''.
c. For the entry ``2,21=Azodi(2-methylbutyronitrile)'', in
Column (1), ``2,21'' is revised to read ``2,2'''.
d. For the entries ``1,1=Azodi(hexahydrobenzonitrile)'', ``Benzene-
1,3-disulphohydrazide, as a paste'', ``Benzene sulphohydrazide'', ``4-
(Benzyl(ethyl)amino)-3-ethoxybenzenediazonium zinc chloride'', and
``3=Chloro-4=Diethylamino-benzenediazonium zinc chloride'', in Column
(2), the identification number ``3236'' is revised to read ``3226''
each place it appears.
e. For the entry ``4-Methylbenzenesulphonylhydrazide'', in Column
(2), the identification number ``3226'' is removed and replaced with
the identification number ``3236''.
f. In the Notes following the paragraph (b) table, in Note 2, the
wording ``substance type C'' is revised to read ``substance type B''.
Sec. 173.225 [Amended]
22. In Sec. 173.225, as amended at 59 FR 67513, in the Organic
Peroxides Table in paragraph (b), the following changes are made:
a. For the first entry for ``tert-Butyl monoperoxymaleate as a
paste'', ID Number ``UN3108'', in Column (8), Note ``21'' is removed.
b. For the second entry for ``tert-Butyl monoperoxymaleate as a
paste'', in Column (2), the ID Number ``UN3010'' is removed and
replaced with the ID Number ``UN3110'', and in Column (8), Note ``21''
is removed and replaced with Note ``7''.
c. In the entry for ``tert-Butyl peroxydiethylacetate and tert-
Butyl peroxybenzoate'', in Column (6), the entry ``OP7'' is revised to
read ``OP7A'', and the ``A'' in Column (7a) is removed.
d. For the entry ``tert-Butyl peroxyneodecanoate as a paste'' the
phrase ``as a paste'' is removed and replaced with the phrase ``as a
stable dispersion in water'' and, in Column (8), Note ``21'' is removed
and the entry is placed in alphabetical order.
e. For the entry ``tert-Butyl peroxyneodecanoate as a paste
(frozen)'', in Column (8), Note ``21'' is removed.
f. For the second entry for ``p-Menthyl hydroperoxide'', in column
(4a), the concentration percent ``44'' is revised to read
``>44''.
g. In Note 1, at the end of the table, after ``is authorized'', the
wording ``for liquids and OP8B is authorized for solids'' is added.
h. In Note 9, reference to the section
``Sec. 173.225(e)(3)(c)(ii)'' is removed and replaced with reference to
``Sec. 173.225(e)(3)(ii)''.
i. In Footnote 12, the words ``type C,'' are removed and replaced
with the words ``type B,''.
Sec. 173.306 [Amended]
23. In Sec. 173.306, as amended at 59 FR 67517, on December 29,
1994, in paragraph (a)(3)(v), the following changes are made:
a. In the second sentence, the wording ``or if the containers are
made of plastic material which softens at this test temperature,'' is
removed.
b. In the last sentence, the wording ``except that a plastic
container may be deformed through softening provided that it does not
leak.'' is removed and the comma following the word ``occur'' is
replaced with a period.
PART 178--SPECIFICATIONS FOR PACKAGINGS
24. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.503 [Amended]
25. In Sec. 178.503, as amended at 59 FR 67520, on December 29,
1994, in paragraph (e)(3), the illustration is revised as follows:
BILLING CODE 4910-60-P
[GRAPHIC][TIFF OMITTED]TR18MY95.000
BILLING CODE 4910-60-C
Issued in Washington, DC on May 10, 1995, under authority
delegated in 49 CFR part 1.
Ana Sol Gutierrez,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 95-11971 Filed 5-17-95; 8:45 am]
BILLING CODE 4910-60-P