[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Proposed Rules]
[Pages 68955-68961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33035]



  Federal Register / Vol. 61, No. 251 / Monday, December 30, 1996 / 
Proposed Rules  

[[Page 68955]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173 and 175

[Docket No. HM-224A; Notice No. 96-26]
RIN 2137-AC92


Prohibition of Oxidizers Aboard Aircraft

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: RSPA proposes to amend the Hazardous Material Regulations to 
prohibit the carriage of oxidizers, including compressed oxygen, in 
passenger carrying aircraft and in Class D compartments on cargo 
aircraft. This proposal specifically analyzes the prohibition of 
oxidizers in Class D cargo compartments. RSPA plans to issue a 
supplemental notice of proposed rulemaking further analyzing the 
prohibition on the carriage of oxidizers aboard passenger carrying 
aircraft in Class B and C cargo compartments. RSPA is also proposing to 
add a shipping description to the Hazardous Materials Table for 
chemical oxygen generators and to require approval of a chemical oxygen 
generator that is transported with its means of initiation attached. 
These requirements would apply to foreign and domestic aircraft 
entering, leaving, or operating within the United States. The purpose 
of these proposals is to enhance air transportation safety.

DATES: Comments must be received by February 28, 1997.

ADDRESSES: Address comments to the Dockets Unit, Research and Special 
Programs Administration, U.S. Department of Transportation, room 8421, 
400 Seventh Street, SW, Washington, DC 20590-0001. Comments should 
identify the docket number and be submitted in five copies. Persons 
wishing to receive confirmation of receipt of their comments should 
include a self-addressed, stamped postcard. The Dockets Unit is located 
in the Department of Transportation headquarters building (Nassif 
Building) at the above address on the eighth floor. Public dockets may 
be reviewed there between the hours of 8:30 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John A. Gale, Office of Hazardous 
Materials Standards, (202) 366-8553, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street 
SW, Washington DC 20590-0001; or Gary Davis, Office of Flight 
Standards, (202) 267-8166, Federal Aviation Administration, U.S. 
Department of Transportation, 800 Independence Avenue, SW, Washington 
DC 20591.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Transportation Safety Board (NTSB) is investigating 
the May 11, 1996, crash of a passenger-carrying aircraft which resulted 
in 110 fatalities. Preliminary evidence indicates that chemical oxygen 
generators were carried as cargo on board the aircraft and may have 
caused or contributed to the severity of the accident. On May 24, 1996, 
RSPA published an interim final rule (IFR) in the Federal Register (61 
FR 26418) under Docket HM-224 which temporarily prohibits the offering 
for transportation and transportation of chemical oxygen generators as 
cargo aboard in passenger carrying aircraft. The period for submitting 
comments on the interim final rule in Docket HM-224 closed July 23, 
1996. After completing evaluation of the comments received, and the 
risks posed by oxygen generators, RSPA will issue a final rule under 
Docket HM-224 to make the prohibition permanent, terminate or modify 
the prohibition, or otherwise amend provisions of the Hazardous 
Materials Regulations (HMR; 49 CFR Parts 171 through 180) that apply to 
oxygen generators. The proposal in this NPRM for amendments to 49 CFR 
171.11 and 172.101 are based on the existing (temporary) prohibition 
against transporting chemical oxygen generators as cargo aboard 
passenger carrying aircraft. These proposals may be modified in a final 
rule, as appropriate, to consider the further final rule to be issued 
under Docket HM-224.
    On May 31, 1996, NTSB issued two recommendations to RSPA, as 
follows:
    In cooperation with the Federal Aviation Administration, 
permanently prohibit the transportation of chemical oxygen generators 
as cargo on board any passenger or cargo aircraft when the generators 
have passed their expiration dates, and the chemical core has not been 
depleted. (Class I, Urgent Action) (A-96-29)
    In cooperation with the Federal Aviation Administration, prohibit 
the transportation of oxidizers and oxidizing materials (e.g., nitric 
acid) in cargo compartments that do not have fire or smoke detection 
systems. (Class I, Urgent Action) (A-96-30)
    The actions proposed in this notice are responsive, in part, to the 
NTSB recommendations and are based on RSPA's preliminary assessment of 
the hazards posed by oxidizers. In its recommendations to RSPA, the 
NTSB cited three previous incidents in which oxidizers caused fires 
aboard aircraft. In each of these incidents, there were apparent or 
known serious violations of the HMR. RSPA and FAA are not aware of any 
fire aboard an aircraft having been caused directly by transport of 
oxidizers in conformance with the HMR. However, RSPA and FAA agree with 
the NTSB that, in certain circumstances, oxidizers can contribute to 
the severity of a fire and may pose an unreasonable risk when 
transported in inaccessible cargo compartments which are not required 
to be equipped with fire or smoke detection systems or fire suppression 
(i.e., fire-extinguishing) systems.

II. Cargo Compartments Aboard Aircraft

    Various design features incorporated into a cargo compartment's 
design are intended to control or extinguish any fire which might occur 
in that compartment. Under the Federal Aviation Regulations (FAR), 
cargo compartments are classified into five categories, Classes A, B, 
C, D, and E (see 14 CFR 25.857). In brief, a Class A compartment is one 
which is easily accessible in flight and in which the presence of a 
fire would be easily discovered by a crewmember. A Class B compartment 
is one in which any part of the compartment is accessible in flight to 
a crewmember with a hand held fire extinguisher and has an approved 
smoke detector or fire detector system. A Class C compartment is not 
accessible but has an approved smoke detector or fire detector system, 
an approved built-in fire-extinguishing system, means to control 
ventilation so that the extinguishing agent can control any fire that 
may start within the compartment, and means to exclude hazardous 
quantities of smoke, flames or extinguishing agent from any compartment 
occupied by crew or passengers.
    A Class D compartment is not accessible but is one in which a fire 
occurring in it will be completely confined without endangering the 
safety of the airplane or the occupants, ventilation is controlled so 
that any fire likely to occur will not progress beyond safe limits, 
compartment volume does not exceed 1,000 cubic feet, and there are 
means to exclude hazardous quantities of smoke, flames or noxious gases 
from any compartment occupied

[[Page 68956]]

by crew or passengers. A Class D compartment is not required to have a 
fire or smoke detection system or a fire suppression system. Its design 
is intended to confine and control the severity of a fire. It generally 
is not sealed sufficiently to extinguish a fire, but is designed to 
limit air flow enough to prevent a significant fire. For a compartment 
of 500 cubic feet (cu. ft.) or less, an air flow of 1500 cu. ft. per 
hour (three air exchanges per hour) is acceptable.
    A Class E compartment is one used on cargo-only aircraft which has 
an approved smoke or fire detection system, means to shut off the 
ventilating airflow and means to exclude hazardous quantities of smoke, 
flames or noxious gases from the flight crew compartment.

III. Oxidizers Under the HMR

    Under the HMR, an oxidizer (Division 5.1) is a material that may, 
generally by yielding oxygen, cause or enhance the combustion of other 
materials (see 49 CFR 173.127). Materials in Division 5.1 are 
subdivided into Packing Groups I, II, or III, a relative ranking 
corresponding to high, moderate or low risks posed by the material. 
Packing groups are assigned to specifically named materials in the 
Sec. 172.101 Hazardous Materials Table (Table). For generic entries, 
such as ``Oxidizing solid, n.o.s.'' (``n.o.s.'' means ``not otherwise 
specified''), packing groups are assigned by analogy with existing 
entries in the Table for liquids, and by test results for solids. 
Certain gases (Class 2), most notably oxygen, are also oxidizers under 
the HMR and, even though they are not classed as such, they are 
required to be identified with the OXIDIZER or OXYGEN label.

IV. Oxidizers Aboard Aircraft

    Liquid oxidizers in Packing Group I are very reactive and have the 
ability to initiate and substantially intensify fires. These materials 
are forbidden for transportation by passenger-carrying aircraft and are 
permitted only in restricted quantities aboard cargo-only aircraft. 
Most oxidizers will not initiate fires when spilled or released, but 
will intensify fires from other sources. Many of these materials are 
permitted for transport aboard passenger-carrying and cargo-only 
aircraft. When transported by aircraft, these materials are subject to 
per package quantity limits specified in the Table, and to aircraft 
quantity limits specified in Sec. 175.75.
    Oxidizers currently authorized for transportation by aircraft in 
Class D cargo compartments generally will not initiate a fire. The 
potential hazard posed by them is that, if a fire were to occur 
elsewhere in the compartment, in the absence of a fire suppression 
system, the fire may burn long enough to involve the oxidizer. The 
oxidizer would then provide an oxygen-enriched environment which could 
intensify the fire and override the limited safety features of the 
compartment.
    In the absence of a fire caused by another source, oxidizers 
currently authorized for air transportation and offered in conformance 
with the HMR present very little risk to aircraft, crew or passengers. 
The threat of a serious risk arises from the mixing of oxidizers with 
baggage and other cargo which are potential sources of fire. Over the 
past twenty years, virtually all fires aboard aircraft in passenger 
baggage or cargo involved forbidden materials or serious violations of 
the HMR.

V. Prohibition of Oxidizers Aboard Aircraft in Class D Cargo 
Compartments

    Knowledge of the May 11, 1996, crash has increased awareness of the 
hazards posed by hazardous materials in transportation, and increased 
the vigilance on the part of the public, airlines, commercial shippers 
and the Federal Government. While this should result in fewer instances 
involving transportation of forbidden materials aboard aircraft, fires 
initiated by forbidden materials in passenger baggage and cargo likely 
will not be totally eliminated. Further, because Class D cargo 
compartments are not required to be equipped with smoke or fire 
detection systems or fire-extinguishing systems, oxidizers could become 
involved in and substantially intensify a cargo compartment fire 
thereby contributing to the severity of an incident and, possibly, the 
loss of life and property. For these reasons, RSPA and FAA agree with 
the NTSB recommendation to prohibit the transportation of oxidizers in 
cargo compartments that do not have fire or smoke detection systems. 
Therefore, RSPA proposes to amend Sec. 175.85 to prohibit the loading 
or transportation in a Class D cargo compartment of a package for which 
an OXIDIZER or OXYGEN label (see Secs. 172.426 and 172.405) is required 
under Subpart E of Part 172. These restrictions would apply to both 
foreign and domestic aircraft entering, leaving or operating in the 
United States.
    The proposed prohibition against transportation of oxidizers as 
cargo in Class D compartments (and the possible expansion of this 
proposed prohibition to Class B and C compartments, as discussed in 
Part VI, below) would not affect the exception in 49 CFR 175.10(a)(7) 
for operator-supplied oxygen for a passenger's use during flight. 
However, in this NPRM, RSPA is proposing an editorial change to this 
section to clarify that this exception applies only to oxygen provided 
for use by an onboard passenger and does not allow the air carrier to 
transport medical oxygen devices as cargo in order to move them to the 
locations where they will be needed, at a later time, for use by 
passengers.
    At the present time, a passenger's own medical oxygen cylinder may 
be transported as cargo on passenger-carrying aircraft in compliance 
with the HMR, but the passenger's own cylinder may not be transported 
in the passenger cabin. 49 CFR 175.85(a). If RSPA ultimately prohibits 
the carriage of all oxidizers, including gaseous oxygen, in Class B, C, 
and D compartments on passenger-carrying aircraft, a passenger would 
not be able to ship its own medical oxygen on the same airplane. The 
passenger would have to arrange for another supply of oxygen at 
destination, rather than using a cylinder that the passenger owns.
    FAA supports a complete removal of oxidizers from passenger-
carrying aircraft, as proposed, but also believes that, if it is 
necessary to allow a passenger to transport its own oxygen cylinder for 
use at destination, it is far safer to stow the cylinder in the 
passenger cabin, under the control of and accessible to the airline 
crew, than in an inaccessible cargo compartment. FAA does not believe 
that it is prudent to allow for the carriage of compressed oxygen in an 
inaccessible Class D compartment. It believes that, if an oxygen 
cylinder is involved in a fire, the release of oxygen will intensify 
the fire. Because the Class D cargo compartment does not contain 
detection or suppression devices and because it is inaccessible to 
crew, a fire that might otherwise be survivable has an increased risk 
of becoming fatal. Thus, FAA believes that it would be safer to carry 
personal medical oxygen cylinders in the cabin because the crew could 
quickly remove the cylinders from any fire area in the cabin. This is 
in contrast to the complete inability of the crew to remove compressed 
oxygen from an inaccessible Class D cargo compartment.
    RSPA expressly invites comments on this and any other alternatives 
(to completely prohibiting passenger-owned oxygen cylinders) that would 
accommodate passengers with breathing difficulties that need their own 
supply of oxygen at destination. These comments should indicate 
whether, and how many, passengers actually ship their own medical 
oxygen cylinders on

[[Page 68957]]

the same airplane in order to have a supply of oxygen at their 
destination.
    RSPA also invites air carriers to submit comments on the effect of 
the prohibition on current practices of using passenger-carrying 
aircraft to ``stage'' or position the oxygen cylinders that airlines 
provide to passengers with breathing difficulties for use during flight 
under 49 CFR 175.10(a)(7). The proposed prohibition would have the 
effect of requiring air carriers to ship their own cylinders by ground 
transportation or by cargo-only aircraft, rather than using their own 
passenger-carrying aircraft to move these devices to locations for 
passenger use.
    FAA is working on a related action to require that Class D 
compartments be clearly marked so that cargo-handling personnel will be 
able to recognize them.
    RSPA and FAA have tentatively determined that the costs of the 
requirements of this proposal would be $25 million over ten years ($17 
million, present value). RSPA and FAA have also tentatively determined 
that the benefits of this proposal will outweigh the costs if it saves 
nine or more lives over the next ten years.

VI. Prohibition of Oxidizers As Cargo on All Passenger Carrying 
Aircraft

    RSPA is proposing to extend the prohibition on oxidizers to Class B 
and C aircraft cargo compartments, effectively prohibiting the carriage 
of oxidizers on passenger carrying aircraft. RSPA plans on issuing an 
SNPRM further developing and analyzing this part of our proposed rule 
in the very near future. Although the proposal has not been fully 
developed, it is being proposed in this document for two reasons: (1) 
we would like to take advantage of the intervening time to seek public 
comment that can be used in development of the SNPRM; to the extent 
that commenters can very quickly provide us with their comments and 
supporting data, we will consider them in developing the SNPRM; and (2) 
we believe that, in preparing comments on the prohibition in ``D'' 
compartments, commenters should consider the possibility that any final 
rule could include a prohibition on all passenger carrying aircraft.

VII. Oxygen Generators: Shipping Description and Small Personal 
Oxygen Generators

A. Shipping Description

    Currently, under the HMR, the most appropriate shipping description 
for an oxygen generator (chemical) containing sodium chlorate as the 
primary constituent is ``Oxidizing solid, n.o.s., 5.1, UN1479, II.'' 
RSPA does not believe that this name adequately describes an oxygen 
generator. In particular, the name does not communicate to an air 
carrier the fact that the material is not authorized on passenger 
carrying aircraft. Therefore, consistent with changes recently adopted 
into the International Civil Aviation Organizations Technical 
Instructions for the Transport of Dangerous Goods By Air, RSPA proposes 
to add the following description to the Hazardous Materials Table 
(Table) ``Oxygen generator, chemical, 5.1 UN3353, II.'' RSPA also is 
proposing to revise Secs. 171.11, 171.12, and 171.12a to require the 
use of the new name in international transportation.
    The second sentence of proposed Sec. 171.11(d)(14) and the word 
``Forbidden'' in Column 9A of the proposed Table entry for ``Oxygen 
generator, chemical'' are based on the existing (temporary) prohibition 
against transporting chemical oxygen generators aboard passenger-
carrying aircraft. These proposals may be modified in a final rule, as 
appropriate, to consider the further final rule to be published under 
Docket HM-224. The UN identification number assigned to the proposed 
shipping name ``Oxygen generator, chemical'' in the Table may be 
revised if the UN Committee of Experts on the Transport Of Dangerous 
Goods adopts a different identification number in its Recommendations 
on the Transport of Dangerous Goods.
    In addition, RSPA believes that the hazards posed by an oxygen 
generator, chemical that is shipped with its means of initiation 
attached require special approval. Therefore, consistent with the 
prohibitions and conditions specified in Sec. 173.21, RSPA is proposing 
a separate requirement that oxygen generator, chemical that is shipped 
with its means of initiation attached must: (1) be classed and approved 
by the Associate Administrator for Hazardous Materials Safety; (2) 
incorporate at least two safety features that will prevent 
unintentional activation of the generator; and (3) when transported by 
air, be contained in a packaging prepared and originally offered for 
transportation by the approval holder. RSPA is also proposing to 
require that each shipper of an approved oxygen generator have a copy 
of the approval and that the approval number be marked on the outside 
of the package.

B. Small Personal Oxygen Genenerators

    In the interim final rule RSPA published under Docket HM-224, RSPA 
prohibited the transportation of oxygen generators by passenger 
carrying aircraft. An exception was provided for personal oxygen 
generators that meet the conditions of Sec. 175.10(a)(24). Section 
175.10(a)(24) requires that the person carrying the oxygen generator 
receive the approval of the operator of the aircraft and that the 
personal oxygen generators conform to the following: (1) a six foot 
drop test without loss of contents or activation; (2) be equipped with 
at least two positive means of preventing unintentional activation; (3) 
be well insulated, and when actuated the temperature on any external 
surface does not exceed 212 degrees Fahrenheit; (4) be in the 
manufacturer's original packaging which must include a sealed outer 
wrapping or clear evidence that the generator has not been tampered 
with; and (5) be marked to indicate conformance with 
Sec. 175.10(a)(24).
    In its comments to the interim final rule, the Air Line Pilots 
Association (ALPA) requested that the exception for small personal 
oxygen generators in Sec. 175.10(a)(24) be removed. Though 
Sec. 175.10(a)(24) requires passengers to notify operators when there 
are oxygen generators in their baggage, ALPA stated that an aircraft 
operator has no way of knowing that these small chemical oxygen 
generators are being carried in a passenger's checked baggage because 
there are no public awareness programs or procedures for notifying 
passengers that passengers are to contact operators before they offer 
bags containing generators as checked baggage. ALPA also stated that 
there is no realistic way to know when or that the person who purchased 
or who intends to carry oxygen generators has been educated in the 
proper way to inspect and maintain them as specified in the HMR. ALPA 
went on to say that there is no way for an operator to examine the 
units to verify that a passenger is in compliance with these 
requirements. ALPA also pointed out that the Civil Aviation Authority 
of the United Kingdom has banned personal oxygen generators on 
passenger-carrying aircraft.
    RSPA believes that adequate public notice and comment should be 
provided before the exception in Sec. 175.10(a)(24) is removed. 
Therefore, RSPA is proposing, in this NPRM, to remove the exception 
provided in Sec. 175.10(a)(24) for small personal oxygen generators.

VIII. Request for Additional Comments

    RSPA requests any available information concerning the costs and 
benefits of this proposed action. RSPA is requesting information 
concerning the hazards posed by oxidizers in aircraft cargo 
compartments that have fire detection or suppression systems. Please

[[Page 68958]]

provide detailed cost information to RSPA as to the manner by which you 
would incur costs as the result of the proposed ban of oxidizers 
including all germane monetary and qualitative cost information. RSPA 
also solicits comments from those foreign operators who would incur 
costs as the result of this proposal. Although our evaluation has not 
been able to determine any apparent cost impact on cargo aircraft 
carriers, RSPA recognizes there could, nonetheless, be a potential cost 
impact. As the result of this concern, RSPA solicits information from 
cargo aircraft operators who find they would incur costs from 
implementation of the proposed rule. Potentially impacted shippers are 
asked to provide detailed information on the manner by which they would 
incur costs.
    There may also be adverse impacts on airlines if they routinely use 
passenger-carrying aircraft to transport, as cargo, oxygen cylinders 
which are normally installed on aircraft and must be periodically 
retested or refilled. RSPA has not assessed the costs associated with 
prohibiting the shipment of oxygen cylinders on passenger carrying 
aircraft. Therefore, RSPA requests any available information concerning 
the costs and benefits of banning oxygen cylinders, as cargo, aboard 
passenger carrying aircraft. Please provide detailed information as to 
the manner by which you would incur costs. In particular, RSPA is 
requesting information on the number of cylinders of oxygen which are 
transported each day on passenger carrying aircraft. What is the 
typical size of these containers? What other means of transportation 
are available? What are the cost differences to the airlines for using 
these other means of transportation?
    By limiting the prohibition on oxidizers to packages required to be 
labeled OXIDIZER and OXYGEN, the prohibition would not apply to 
oxidizers classed as consumer commodities, ORM-D, under the provisions 
of Sec. 173.152, or as consumer commodities, Class 9, as permitted 
under Sec. 171.11. RSPA requests comments regarding whether it would be 
appropriate to extend this prohibition to consumer commodities which 
are oxidizers or whether quantity limits should be imposed on these 
materials in Sec. 175.75.

IX. Future Rulemaking

    RSPA, in coordination with FAA, has initiated a study to assess the 
risks associated with the transportation of hazardous materials in 
aircraft cargo compartments. As an initial step, RSPA held a meeting in 
Cambridge, Massachusetts on October 22, 1996, for purposes of 
identifying accident scenarios, probabilities of occurrence, and 
expected consequences. In attendance were representatives from the 
NTSB, FAA, Air Transport Association, Chemical Manufacturers 
Association, Air Line Pilots Association, International Air Line 
Passenger Association and several aircraft manufacturers. Based on the 
outcome of this study, RSPA may initiate a rulemaking to ban additional 
hazardous materials. RSPA requests comments regarding whether it would 
be appropriate to extend this prohibition to other materials which may 
pose hazards similar to oxidizers, such as organic peroxides. Comments 
are requested as to the costs and benefits of these possible actions.

X. Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and was reviewed by the 
Office of Management and Budget. The rule is considered significant 
under the regulatory policies and procedures of the Department of 
Transportation (44 FR 11034). A preliminary regulatory evaluation is 
available for review in the public docket.

Executive Order 12612

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism''). The Federal hazardous materials transportation law 
(49 U.S.C. 5101-5127) contains an express preemption provision that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (i) the designation, description, and classification of hazardous 
material;
    (ii) the packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) the preparation, execution, and use of shipping documents 
pertaining to hazardous material and requirements respecting the 
number, content, and placement of such documents;
    (iv) the written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) 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.
    Because RSPA lacks discretion in this area, preparation of a 
federalism assessment is not warranted. Title 49 U.S.C. 5125(b)(2) 
provides that 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. 
This proposed rule would require oxidizers to be transported in certain 
types of cargo compartments aboard aircraft. RSPA solicits comments on 
whether the proposed rule would have any effect on State, local or 
Indian tribe requirements and, if so, the most appropriate effective 
date of Federal preemption.

Regulatory Flexibility Act

    I certify that this proposed rule will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule applies to air carriers, most of whom are not small 
entities.

Paperwork Reduction Act

    This proposed rule does not propose any new information collection 
requirements.

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, Reporting and recordkeeping requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labeling, 
Marking, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

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

49 CFR Part 175

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


[[Page 68959]]


    In consideration of the foregoing, 49 CFR Parts 171, 172, 173 and 
175 would be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    2. In Sec. 171.11, paragraph (d)(14) is added to read as follows:


Sec. 171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (14) An oxygen generator (chemical) must be classed, approved, and 
described in accordance with the requirements of this subchapter. 
Except as provided in Sec. 175.10(a)(7) of this subchapter, oxygen 
generators (chemical) may not be transported on passenger carrying 
aircraft (see Sec. 173.21 of this subchapter).
    3. In Sec. 171.12, paragraph (b)(17) is added to read as follows:


Sec. 171.12  Import and export shipments.

* * * * *
    (b) * * *
    (17) An oxygen generator (chemical) must be classed, approved, and 
described in accordance with the requirements of this subchapter.
* * * * *
    4. In Sec. 171.12a, paragraph (b)(16) is added to read as follows:


Sec. 171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (16) An oxygen generator (chemical) must be classed, approved, and 
described in accordance with the requirements of this subchapter.

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

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    6. In the Sec. 172.101 Hazardous Materials Table, the following 
entry is added in appropriate alphabetical order:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 68960]]



                                                                                               Section 172.101.--Hazardous Materials Table                                                                                              
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                          (8) Packaging authorizations (Sec.  173.***)       (9) Quantity limitations           (10) Vessel stowage     
                       materials        Hazard                                                                         ----------------------------------------------------------------------------------          requirements         
  Symbols  (1)     descriptions and    class or     Identification       PG  (5)        Label Codes        Special                                                           Passenger                   -------------------------------
                    proper shipping    division      numbers  (4)                           (6)        provisions  (7)  Exceptions (8A)    Nonbulk (8B)     Bulk  (8C)    aircraft/ rail  Cargo aircraft     Location       (10A) Other 
                      names  (2)          (3)                                                                                                                                  (9A)         only  (9B)         (10A)           (10B)    
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                                                        
                                                           *                  *                  *                  *                  *                  *                  *                                                          
                                                                                                                                                                                                                                        
  ..............  Oxygen generator,         l5.1  UN3353...........  I..............  5.1............  57.............  None...........  211............  None..........  Forbidden.....  15 kg.........  D.............  56, 58, 69,   
                   chemical.                                                                                                                                                                                               106          
                                                                                                                                                                                                                                        
  ..............  ..................  ..........  .................  II.............  5.1............  57.............  None...........  212............  None..........  Forbidden.....  25 kg.........  D.............  56, 58, 69,   
                                                                                                                                                                                                                           106          
                                                                                                                                                                                                                                        
                                                           *                  *                  *                  *                  *                  *                  *                                                          
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 68961]]

    7. In 172.102, in paragraph (c)(1), Special Provision 57 is added 
to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    57 An oxygen generator, chemical that is shipped with its means 
of initiation attached must: (1) be classed and approved by the 
Associate Administrator for Hazardous Materials Safety; (2) 
incorporate at least two safety features that will prevent 
unintentional activation of the generator; and (3) when transported 
by cargo-only aircraft, be contained in a packaging prepared and 
originally offered for transportation by the approval holder. Each 
offerer of an approved oxygen generator must have a copy of the 
approval, and the approval number must be marked on the outside of 
the package.
* * * * *

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

    8. The authority citation for Part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.


Sec. 173.21  [Amended]

    9. In Sec. 173.21, in paragraph (k), the words ``or 
Sec. 175.10(a)(24)'' are removed.

PART 175--CARRIAGE BY AIRCRAFT

    10. The authority citation for Part 175 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 175.10  [Amended]

    11. In Sec. 175.10, in paragraph (a)(7), the wording ``a 
passenger'' is revised to read ``an onboard passenger'' and paragraph 
(a)(24) is removed and reserved.
    12. In Sec. 175.85, paragraph (d) is added to read as follows:


Sec. 175.85  Cargo location.

* * * * *
    (d) No person may load or transport in a Class D cargo compartment, 
as defined in 14 CFR 25.857(c), a package containing a hazardous 
material for which an OXIDIZER or OXYGEN label is required under 
Subpart E of Part 172 of this subchapter (see Sec. 172.426 or 
Sec. 172.405 of this subchapter, respectively).
* * * * *

    Issued in Washington, DC on December 20, 1996, under the 
authority delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-33035 Filed 12-27-96; 8:45 am]
BILLING CODE 4910-60-P