[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Proposed Rules]
[Pages 44312-44344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21124]
[[Page 44311]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Proposed Rule
Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 /
Proposed Rules
[[Page 44312]]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180
[Docket No. RSPA-98-4185 (HM-215C)]
RIN 2137-AD15
Harmonization With 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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice consolidates Docket HM-215C and HM-217 (``Labeling
Requirements for Poisonous Materials''). RSPA proposes to amend the
Hazardous Materials Regulations (HMR) to maintain alignment with
international standards by proposing to incorporate numerous changes to
proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. In addition, RSPA proposes
to make other amendments to the HMR, including the proposal to
eliminate the ``Keep Away From Food'' label for poisonous materials in
Division 6.1, Packing Group III. Because of 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), and the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations), these proposed revisions are
necessary to facilitate the transport of hazardous materials in
international commerce.
DATES: Comments must be received by October 2, 1998.
ADDRESSES: Address comments to the Dockets Unit, U.S. Department of
Transportation, Room PL 401, 400 Seventh St., S.W., Washington, D.C.
20590-0001. Comments should identify the docket number RSPA-98-4185
(HM-215C) and be submitted in two copies. Persons wishing to receive
confirmation of receipt of their comments should include a self-
addressed stamped postcard. Comments may also be submitted by E-mail to
[email protected]. The Dockets Unit is located on the Plaza Level of
the Nassif Building at the U.S. Department of Transportation at the
above address. Public dockets may be reviewed between the hours of
10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal
holidays. Internet users may access all comments received by the U.S.
Department of Transportation by using the Universal Resource Locator
(URL) at http://dms.dot.gov. An electronic copy of the document may be
downloaded using a modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661.
FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International
Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre,
Office of Hazardous Materials Standards, telephone (202) 366-8553,
Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
This NPRM consolidates two related rulemakings; Docket HM-215C,
``Harmonization with the UN Recommendations, IMDG Code and ICAO
Technical Instructions'' and Docket HM-217, ``Labeling Requirements for
Poisonous Materials.'' By this action, Docket HM-217 is incorporated
under Docket HM-215C and is terminated as a separate rulemaking action.
This preamble discusses each rulemaking, including comments received to
Docket HM-217.
II. Background
On December 21, 1990, the Research and Special Programs
Administration (RSPA) published a final rule [Docket HM-181; 55 FR
52402] which comprehensively revised the Hazardous Materials
Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard
communication, classification, and packaging requirements, based on the
UN Recommendations. One intended effect of the rule was to facilitate
the international transportation of hazardous materials by ensuring a
basic consistency between the HMR and international regulations.
The UN Recommendations are not regulations, but are recommendations
issued by the UN Committee of Experts on the Transport of Dangerous
Goods. These recommendations are amended and updated biennially by the
UN Committee of Experts and are distributed to nations throughout the
world. They serve as the basis for national, regional, and
international modal regulations (specifically the IMDG Code, issued by
the International Maritime Organization (IMO), and the ICAO Technical
Instructions, issued by the ICAO Dangerous Goods Panel). In 49 CFR
171.12, the HMR authorize hazardous materials shipments prepared in
accordance with the IMDG Code if all or part of the transportation is
by vessel, subject to certain conditions and limitations. Offering,
accepting and transporting hazardous materials by aircraft, in
conformance with the ICAO Technical Instructions, and by motor vehicle
either before or after being transported by aircraft, are authorized in
Sec. 171.11 (subject to certain conditions and limitations).
On December 29, 1994, RSPA issued a final rule [Docket HM-215A; 59
FR 67390] amending the HMR by incorporating changes to more fully align
the HMR with the seventh and eighth revised editions of the UN
Recommendations, Amendment 27 to the IMDG Code and the 1995-96 ICAO
Technical Instructions. The final rule provided consistency with
international air and sea transportation requirements which became
effective January 1, 1995.
On May 6, 1997, RSPA issued a final rule [Docket HM-215B; 62 FR
24690] amending the HMR by incorporating changes to more fully align
the HMR with the ninth revised edition of the UN Recommendations,
Amendment 28 to the IMDG Code and the 1997-1998 ICAO Technical
Instructions. The final rule provided consistency with international
air and sea transportation requirements which became effective January
1, 1997.
This NPRM proposes changes to the HMR based on the tenth revised
edition of the UN Recommendations, the 1999-2000 ICAO Technical
Instructions, and Amendment 29 to the IMDG Code. In addition, petitions
for rulemaking pertinent to harmonization with international standards
and the facilitation of international transportation were considered.
Proposed changes on the basis of these petitions are also incorporated
in this NPRM. It is intended to more fully align the HMR with
international air and sea transport requirements which become effective
on January 1, 1999. Other proposed changes are based on feedback from
the regulated industry and RSPA initiatives.
Background on HM-217
During its seventeenth session (December 7-16, 1992), UN Committee
of Experts adopted amendments to be incorporated into the eighth
revised edition of the UN Recommendations.
[[Page 44313]]
These amendments were incorporated in Amendment 27 of the IMDG Code and
the 1995-1996 ICAO Technical Instructions effective January 1, 1995.
Previously, the UN Recommendations specified two different labels to
identify materials that meet the toxicity criteria for Division 6.1. A
label incorporating a skull and crossbones symbol was used for any
material which poses a high (Packing Group I) or medium (Packing Group
II) danger. This label, which is referred to as the POISON label, is
described in 49 CFR 172.430. For any material with a low toxicity
danger (Packing Group III), a label incorporating an ear (stalk) of
wheat with an ``X'' through it was prescribed. This label, which is
referred to as the KEEP AWAY FROM FOOD label, is described in
Sec. 172.431.
Consistent with the decision of the UN Committee of Experts, the
requirement for a KEEP AWAY FROM FOOD label was removed from the eighth
revised edition of the UN Recommendations. As a result, packagings
containing Division 6.1 Packing Group III materials offered for
transport in international commerce must bear a POISON or TOXIC label
(known as the toxic substances label in the UN Recommendations). Based
on the amendments to the eighth revised edition of the UN
Recommendations, the ICAO Technical Instructions, the IMDG Code, and
national and regional regulations applicable in countries other than
the United States (e.g., Mexico and European countries) now require the
use of the POISON label for substances meeting the criteria for
Division 6.1 Packing Group III. The UN Recommendations, the ICAO
Technical Instructions and IMDG Code also replaced the term ``poison''
with the term ``toxic.'' Docket HM-215A authorized the interchangeable
use of either ``toxic'' or ``poison'' (or ``poisonous'') for domestic
transportation to provide greater flexibility.
RSPA first requested public comment on the substitution of the
POISON label for the KEEP AWAY FROM FOOD label on September 2, 1992, in
Notice 92-8; International Standards on the Transport of Dangerous
Goods; Request for Comments [57 FR 40247]. The advance notice of
proposed rulemaking (ANPRM) was issued to assist in developing the
United States' position at the seventeenth session of the UN Committee
of Experts held on December 7-16, 1992, in Geneva, Switzerland. The
primary concern expressed by RSPA in the September 2, 1992, ANPRM was
that the KEEP AWAY FROM FOOD label and the optional text on the label
were misleading. RSPA was concerned that the label inaccurately implied
that materials meeting Division 6.1 Packing Group III toxicity criteria
pose a risk only of food contamination, and that the label did not
communicate other hazards such as oral, dermal, and inhalation toxicity
risks. In addition, RSPA noted that the label could best be
characterized as a handling label rather than a hazard communication or
warning label.
An in-depth explanation of the issues leading up to the question of
whether to amend the UN Recommendations by requiring the POISON label
in lieu of the KEEP AWAY FROM FOOD label was provided in the ANPRM.
RSPA received comments from the Hazardous Materials Advisory Council
(HMAC), the Association of American Railroads, the Chemical Specialties
Manufacturers Association (CSMA), and a multi-national chemical
company. All four commenters opposed the removal of the KEEP AWAY FROM
FOOD label, citing the negative perception and operational constraints
placed on packages bearing the POISON label or placard. HMAC and CSMA
suggested adoption of a more appropriate pictogram to distinguish
Division 6.1 Packing Group III materials from those Division 6.1
Packing Group I and II materials that pose a more significant danger.
In the final rule issued under Docket HM-215A, RSPA noted that the
issue of removing the KEEP AWAY FROM FOOD label would be addressed
under Docket HM-217.
In the ANPRM to Docket HM-217, [HM-217; 58 FR 59224], RSPA stated
that if the HMR were amended to remove the KEEP AWAY FROM FOOD label, a
POISON label would be required on packagings containing Division 6.1
Packing Group III materials. Consistent with these changes, a bulk
packaging, freight container, unit load device, transport vehicle, or
rail car containing a Division 6.1 Packing Group III material that is
required to be placarded would be required to display POISON placards.
RSPA stated that if such changes were adopted, the HMR would not
impose more severe operational requirements on Division 6.1 Packing
Group III materials and current operational exceptions would be
retained. Therefore, amendments to certain modal requirements would be
necessary. For example, Secs. 174.680, 175.630, 176.600 and 177.841
contain differing operational requirements for packages bearing a
POISON label or a KEEP AWAY FROM FOOD label.
Summary of Comments to HM-217
In the ANPRM, RSPA requested comments in response to the following
questions:
1. The STOW AWAY FROM FOODSTUFFS instruction on the Division 6.1
Packing Group III label is also an appropriate instruction for Division
6.1 Packing Group I and Packing Group II materials. Should this label
be retained and required as an additional label for all Division 6.1
materials, independent of packing group?
2. Other than the current labeling provisions, which distinguish
Division 6.1 Packing Group I and Packing Group II materials from
Packing Group III materials, are there other effective means (e.g., a
package marking or shipping paper notation) that may be used to
facilitate compliance with the applicable operating and handling
requirements?
3. If the KEEP AWAY FROM FOOD label is removed and the POISON label
is required for Packing Groups I, II and III, should the Packing Group
III label be altered in some manner so that packagings containing
Division 6.1 Packing Group III materials can be distinguished from
Packing Group I and II materials? If so, please provide examples.
Should the use of such an altered label be required or optional?
4. What costs would be incurred by industry (e.g., operational and
handling costs) if a POISON label and placard are required for packages
containing Division 6.1, Packing Group III materials?
RSPA received nearly 40 comments to the ANPRM. Comments were
received from chemical manufacturers and distributors, chemical trade
associations, highway carriers, highway and rail carrier associations
and the Department of Energy.
Most comments indicated that use of a POISON label for Division 6.1
Packing Group III materials greatly overstates the dangers of these
materials. Several commenters claimed these materials pose a minimal
safety risk in transportation. One commenter stated that end users
would prefer products that do not bear a POISON label, because it would
be very difficult for customers to understand that the addition of a
POISON label on a package was not due to an increase in the material's
hazard.
Commenters also cited higher motor carrier rates, special packaging
required by some carriers, additional segregation in warehouses, and
refusal by carriers to transport a package bearing a POISON label. The
American Trucking
[[Page 44314]]
Associations, Inc. noted several areas of concern, including employee
training to identify products, confusion caused by use of the POISON
label, and disruption of present shipping and transport practices,
particularly for less-than-truckload shipments. Several commenters
urged RSPA to revisit this issue at the international level. COSTHA,
Inc. encouraged RSPA to maintain the status quo with regard to poison
labeling for domestic shipments until both the UN and DOT have
completed work with regard to globally harmonized cut-off values for
defining acute oral toxicity of liquids and solids in Packing Group
III.
HMAC maintained that without some method to distinguish between
materials in Packing Group I and Packing Group II and those in Packing
Group III, carrier or enforcement personnel will have no way to
identify these materials even if stowage and segregation requirements
are less stringent for Packing Group III materials. HMAC did not favor
any delayed compliance or enforcement of this rule and added that a
rulemaking action could not be fully developed without considering
proposed food safety regulations and future revisions to toxicity
levels.
Finally, if a POISON label requirement is adopted, many commenters
requested a one to two-year transition period to implement the change.
Commenters indicated the need for a sufficient length of time to re-
train employees, deplete the inventory of existing packages labeled
KEEP AWAY FROM FOOD, and deplete existing stocks of labels and
placards.
Subsequent to the close of the ANPRM's comment period, RSPA
received correspondence from U.S. companies engaged in the
international transportation of Division 6.1, Packing Group III
materials. International regulations now mandate the use of the POISON
label for Division 6.1 Packing Group III materials. These companies
currently must maintain two sets of inventory. One inventory is labeled
POISON for international shipments and the other inventory is labeled
KEEP AWAY FROM FOOD for domestic transportation. Alternatively, they
may label all packages with the POISON label for either domestic or
international transportation, as authorized in the final rule under
Docket HM-215A. However, these commenters expressed concern that if a
company chooses to maintain one set of inventory bearing the POISON
label, more restrictive operational requirements are imposed, thereby,
increasing costs.
Because RSPA believes that the POISON label better represents the
toxicity hazard of materials that are toxic at the Packing Group III
level, RSPA is proposing adoption of the POISON label for these
materials. The KEEP AWAY FROM FOOD label could best be described as a
handling label, not as a hazard warning label. The ear (stalk) of wheat
with an ``X'' and the words ``HARMFUL, STOW AWAY FROM FOODSTUFFS''
imply that a material in a package bearing this label poses a limited
hazard only to food. For a material assigned to Division 6.1, Packing
Group III on the basis of acute oral toxicity, the label fails to
clearly convey a message of danger through direct oral ingestion. In
addition to oral toxicity, materials are assigned to Division 6.1,
Packing Group III on the basis of dermal toxicity and inhalation
toxicity by vapors and by dusts and mists. The KEEP AWAY FROM FOOD
label clearly fails to convey these skin absorption and inhalation
hazards.
Adoption of the POISON label will maintain alignment with
international standards and facilitate the transportation of Division
6.1 Packing Group III materials in international commerce. RSPA
believes that concerns expressed by commenters can be alleviated
through gradual implementation of the POISON label and placard
requirements and maintenance of existing operational exceptions
applicable to Division 6.1, Packing Group III materials.
In response to commenters' concerns indicating that ``POISON'' or
``TOXIC'' on a hazard warning label will overstate the hazard of these
materials and will result in increased costs, RSPA is proposing to
authorize use of the text ``PG III'' on the POISON hazard warning label
as an option to ``POISON'' or ``TOXIC.'' The placement of ``PG III'' on
the label would be below the center of the label, consistent with the
display of ``POISON'' or ``TOXIC''. Since provisions in international
regulations permit the insertion of text indicating the nature of the
risk, RSPA believes a POISON or TOXIC label displaying ``PG III'' as
text is acceptable in international transportation. The following is an
illustration of the modified label:
BILLING CODE 4910-60-P
[[Page 44315]]
[GRAPHIC] [TIFF OMITTED] TP18AU98.000
BILLING CODE 4910-60-C
[[Page 44316]]
Current operational requirements in 49 CFR Parts 174 through 177
for Division 6.1 Packing Group III materials would be retained for
labels displaying ``PG III'' text. This would allow less restrictive
stowage or separation from foodstuffs for these materials. However, if
a package containing a Division 6.1 Packing Group III material bears a
POISON or TOXIC label not displaying ``PG III'' text, the package would
be subject to more stringent segregation requirements.
This proposal is responsive to those who favor harmonization with
international requirements because a POISON label with text indicating
risk and handling precautions is authorized under international
labeling requirements for Division 6.1 Packing Group III materials. An
extended transition period should minimize costs by permitting existing
stocks of KEEP AWAY FROM FOOD labels and placards to be depleted,
gradually reducing the inventory of packages bearing a KEEP AWAY FROM
FOOD label, and allowing training in the new requirements to be
accomplished as part of the required three-year recurrent training
cycle. Maintaining flexible operational requirements for these
materials will preclude the need for special packagings, carriers will
be more amenable to accepting shipments, and additional truckload
shipments will be avoided by requiring separation from foodstuffs
rather than loading on separate vehicles.
III. Overview of Proposed Changes in This NPRM
Proposed amendments to the HMR in this notice include:
--Addition of a new approval provision to allow use of recycled
plastics material for the manufacturing of plastic drums and jerricans.
--Amendments to the Hazardous Materials Table (HMT) which would add,
revise or remove certain proper shipping names, hazard classes, packing
groups, special provisions including portable tank requirements,
packaging authorizations, bulk packaging requirements, and passenger
and cargo aircraft maximum quantity limitations.
--Addition, removal and revision of certain entries to the List of
Marine Pollutants.
--Addition, removal and revision of new special provisions including
one new special provision to deregulate cotton under specific
conditions.
--Amendment of the n.o.s. and generic proper shipping names which are
required to be supplemented with technical names in association with
the basic description.
--Incorporation of provisions authorizing the reconditioning of
packagings other than metal drums.
--Incorporation of four new shipping descriptions to more clearly
describe internal combustion engines and vehicles powered by flammable
liquid and flammable gas fuels.
--Elimination of the KEEP AWAY FROM FOOD label for poisonous materials
in Division 6.1, Packing Group III. Requiring the use of a POISON or
TOXIC label on packagings containing materials meeting the toxicity
criteria for poisonous materials in Division 6.1, Packing Group III.
Allowing optional text on the POISON or TOXIC label to read ``PG III.''
--Amendment of periodic inspection requirements for portable tanks and
IBCs which are intended for the transport of a single material.
--Addition of requirements for limited quantity packagings containing
fragile inner packagings.
--Incorporation of an exception for certain shock absorbers, struts,
gas springs and shocks and other automobile energy absorbing articles.
--Amendment of IBC repair, qualification and maintenance requirements.
IV. Summary of Regulatory Changes by Section
Part 171
Section 171.7
RSPA proposes to update the incorporation by reference for four
American Society of Mechanical Engineers (ASTM) standards, one American
Pyrotechnics Association (APA) standard, one Department of Defense
(DOD) standard, the ICAO Technical Instructions, the IMDG Code and the
UN Recommendations. One new incorporation by reference would be added
under the International Organization for Standardization (ISO).
``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids
by Setaflash Scale Closed-Cup Apparatus'' would be updated to the 1996
edition. ``ASTM D56-93 Standard Test Method for Flash Point by Tag
Closed Tester,'' ``ASTM D93-94 Standard Test Method for Flash Point by
Pensky-Martens Closed Cup Tester'' and ``ASTM D3828-93 Standard Test
Method for Flash Point by Small Scale Closed Tester'' would be updated
to the 1997 editions. The updates would reflect the latest revisions to
the standards which are used for the classification of Class 3
flammable liquids in Secs. 173.120 and 173.121. ``APA Standard 87-1,
Standard for Construction and Approval for Transportation of Fireworks,
Novelties, and Theatrical Pyrotechnics'' would be updated to the
January 23, 1998 version which would bring the standards up-to-date
with current industry practices. ``DOD TB 700-2; NAVSEAINST 8020.8;
AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard Classification
Procedure'' would be updated to the January 1998 edition. RSPA has
reviewed the updated standards and has concluded that no major
technical amendments have been incorporated into these standards.
References to the ICAO Technical Instructions would be updated to
the 1999-2000 edition, the IMDG Code would be updated to Amendment 29
and the UN Recommendations would be updated to the tenth revised
edition.
Finally, consistent with the proposed addition of a new special
provision for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales--
Dimensions and Density, 1986 Edition'' would be added to the table of
material incorporated by reference. (See proposed amendments to the
Hazardous Materials Table.)
Section 171.11
Paragraph (d)(4)(ii) requires a hazardous material being
transported in accordance with the ICAO Technical Instructions to
include on the shipping papers an indication that the shipment is being
made in accordance with Sec. 171.11 or include the letters ``ICAO.''
RSPA is proposing to change this requirement from a mandatory
requirement to a recommendation by changing the word ``must'' to
``should'' each place it appears in paragraph (d)(4)(ii). Paragraph
(d)(14) would be revised for consistency with Sec. 173.306(a)(1) which
allows an exception from the HMR for certain aerosols in containers of
not more than four fluid ounces.
Section 171.12
Paragraph (b)(15) would be revised to include references to
Sec. 171.12a(b)(13). Paragraph (b)(17) would be revised for consistency
with Sec. 173.306(a)(1) which allows an exception from the HMR for
certain aerosols in containers of not more than four fluid ounces.
Section 171.12a
Paragraph (b)(13) would be revised to provide reciprocity for
certain Canadian specification cylinders to be transported within the
United States. Canada's cylinder specifications contained in the
Transportation of Dangerous Goods (TDG) Regulations and prior to that
in the Canadian Transport Commission
[[Page 44317]]
Regulations for the Transportation of Dangerous Commodities by Rail
(CTC) were identical to the DOT specifications. Only after the
implementation of the DOT's foreign approval program and Transport
Canada's (TC) recent changes to implement standards harmonizing the
international regulations were there any restrictions placed on the
free movement of CTC/TC and US DOT specification cylinders across the
border. RSPA has reached an agreement with Transport Canada to
establish a program for cylinders manufactured and certified in
accordance with the TDG regulations to be qualified for the
transportation of hazardous materials in the United States. These
changes would facilitate the movement of Canadian and domestic
cylinders between the United States and Canada. Transport Canada has
agreed to make similar amendments in the TDG Regulations.
Paragraph (b)(16) would be revised for consistency with
Sec. 173.306(a)(1) which allows an exception from the HMR for certain
aerosols in containers of not more than four fluid ounces.
Section 171.14
Paragraph (f) would be revised to provide a delayed implementation
date for amendments adopted in the final rule. The effective date of
the final rule would be October 1, 1998. However, RSPA would authorize
an immediate voluntary compliance date to allow shippers to prepare
their international shipments in accordance with the new ICAO, IMDG
Code and HMR provisions. RSPA would also authorize a delayed mandatory
compliance with the new requirements until October 1, 1999. This delay
would be comparable to the transition provisions provided in the final
rule under Docket HM-215B and offers a sufficient phase-in period to
implement new provisions and deplete current stocks of shipping papers,
labels, placards and containers affected by the new requirements. In
addition, paragraph (d)(2) would permit intermixing of old and new
hazard communication requirements until October 1, 1999. Based on its
own initiative and comments provided in petitions, RSPA is also
proposing an extended delayed implementation period for use of the
POISON/TOXIC label for Division 6.1, Packing Group III materials and
allowing continued use of the KEEP AWAY FROM FOODSTUFFS label until
October 1, 2003.
Part 172
Section 172.101
In RSPA's ongoing effort to improve and simplify the HMR, a new
symbol, the asterisk (*), would be added to Sec. 172.101(b). The new
symbol would denote the n.o.s. and generic proper shipping names which
are required to be supplemented with the technical name of the
hazardous material in parentheses and in association with the basic
description. Currently, these proper shipping names are listed in
Sec. 172.203(k)(3). As a result of the proposed change, paragraph
(k)(3) would be removed. In addition, RSPA is proposing to add and
remove certain proper shipping names concerning this requirement for
consistency with the tenth revised edition of the UN Recommendations.
(See Sec. 172.203 preamble discussion.)
The Hazardous Materials Table (HMT)
Proposed amendments to the HMT for the purpose of harmonizing with
the tenth revised edition of the UN Recommendations would include the
following:
The ``+'' would be added to Column 1 to fix the proper shipping
name, hazard class and packing group for the entries, ``Aminophenols
(o-;m-;p-;),'' ``Chlorodinitrobenzenes,'' ``Dichloroanilines, liquid,''
``Dichloroanilines, solid,'' ``o-Dichlorobenzene,'' ``N,N-
Diethylaniline,'' ``Epichlorohydrin,'' ``Nitroanilines (o-;m-;p-;),''
``Nitroanisole,'' ``Nitrobenzene,'' ``Nitrophenols (o-;m-;p-;),''
``Phenetidines,'' ``Phenylenediamines (o-;m-;p-;),'' ``Toluene
diisocyanate,'' ``Toluidines, liquid'' and ``Toluidines, solid.'' This
proposed action would align the HMR with the UN Recommendations which
uses Special Provision 279 to indicate materials which are classified
on the basis of human experience.
Various other changes to the HMT include the following:
A number of hazardous materials proper shipping names would be
revised, including the deletion of the word ``commercial'' from the
entries, ``Charges, shaped, commercial, without detonator,'' (UN 0059,
0439, 0440 and 0441), the revision of the entry ``Amyl alcohols'' to
``Pentanols'' and the revision of the entry ``Dithiocarbamate
pesticides, liquid, toxic'' to ``Thiocarbamate pesticide, liquid,
toxic.''
For entries such as ``Aluminum alkyls'' and ``Sodium nitrite,'' the
subsidiary risks would be revised.
The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation
regulated solid, n.o.s.'' would be added for alignment with the ICAO
Technical Instructions and the UN Recommendations.
The entry ``Wheel chair, electric'' would be removed as an
acceptable proper shipping name. ``Wheel chair, electric'' would only
be maintained as a ``see entry'' for purposes of referring users of the
HMR to the proper shipping name ``Battery powered equipment.''
For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7
would be revised to reflect the alignment of the portable tank
assignments with those in the UN Recommendations.
For the entry, ``Plastic molding compounds in dough, sheet or
extruded rope form evolving flammable vapor.'' to correct an error, the
non-bulk authorization reference would be amended by revising the
reference to read ``221.'' In addition, Sec. 173.221 would be amended
to authorize bulk packagings. The packaging authorization for the
entry, ``Polymeric beads, expandable, evolving flammable vapor.'' would
also be revised to read ``221.'' (See Sec. 173.221 for additional
discussion.)
For the entries, ``Batteries, wet, filled with acid, electric
storage'' and ``Batteries, wet, filled with alkali, electric storage,''
RSPA proposes to increase the passenger aircraft quantity limitation
from 25 kg gross mass to 30 kg gross mass. This proposed change is
consistent with the amendments to the 1999-2000 edition of the ICAO
Technical Instructions.
RSPA received a petition (P-1316), requesting that under certain
conditions baled cotton which does not meet the criteria of any hazard
class should be excepted from the requirements of the HMR. In response
to this petition, RSPA is proposing to add a new special provision for
NA1365, ``Cotton'' (dry), indicating that it is not subject to the
requirements of the HMR when it is baled in accordance with ISO 8115,
``Cotton Bales--Dimensions and Density'' to a density of at least 360
kg/m3 (22.4lb/ft3) and it is transported in a
freight container or closed transport vehicle. This is consistent with
a decision taken by the International Maritime Organization and a
subsequent competent authority approval issued by RSPA.
Based on its own initiative, RSPA is proposing that the entry,
``Dangerous goods in machinery or Dangerous goods in apparatus'' be
included in the HMT. This entry was adopted in the ICAO Technical
Instructions to provide an exception from the UN packaging
[[Page 44318]]
performance tests for equipment, machinery or apparatus containing
small quantities of hazardous materials. RSPA believes this entry is
useful for transport by all modes of transportation and provides a more
practical means of describing machinery or apparatus containing small
quantities of hazardous materials when the machinery or apparatus is
not specifically listed in the HMT. Although this shipping description
has not been adopted by the UN Committee of Experts on the Transport of
Dangerous Goods, RSPA expects that the Committee will adopt this entry
and assign it a new UN number in the eleventh revised edition of the UN
Recommendations. RSPA will include the UN number assignment in the
final rule if it is assigned after publication of this NPRM. In this
NPRM, RSPA is proposing the assignment of a North American (NA8001)
identification number in the interim.
For purposes of the Government Printing Office's typesetting
procedures, readers should be aware that for certain entries in the
HMT, such as those with revised proper shipping names, the change may
appear as a removal and addition, as opposed to a revision of the
regulatory text in the Column (2) changes. Readers should review all
changes appearing in the Sec. 172.101 regulatory text for a complete
view of the proposed changes.
Appendix B to Sec. 172.101
A number of materials would be added, removed or amended in the
HMR's List of Marine Pollutants. The proposed amendments are consistent
with the marine pollutants identified in Amendment 29 to the IMDG Code.
Included is the proposed removal of ``Nitrates, inorganic, n.o.s.''
which is based on a petition (P-1311).
Section 172.102
Eleven new special provisions would be added and one removed for
consistency with the tenth revised edition of the UN Recommendations;
three obsolete special provisions would be removed; and two would be
editorially revised as follows:
Special Provision 43 would be revised by adding an exception for
certain nitrocellulose membrane filters. The exception is consistent
with the 1999-2000 edition of the ICAO Technical Instructions.
Special Provision 125 would be revised to correct an editorial
error for the percentages of phlegmatizers in mixtures.
A new special provision 129 would be assigned to the proposed new
entry, ``Nitroglycerin mixture, desensitized, liquid, flammable, n.o.s.
with not more than 30% nitroglycerin, by mass.'' to require that the
material's classification, transportation, packing group assignment and
packaging must be approved by the Associate Administrator for Hazardous
Materials Safety.
A new special provision 130 would be added for the entry,
``Battery, dry, not subject to the requirements of this subchapter'' to
identify conditions that must be met in order to be excepted from the
HMR.
A new special provision 131 would be assigned to the proposed new
entry, ``Flammable solid, oxidizing, n.o.s.,'' (Packing Groups II and
III), to prohibit the material from being offered for transportation
unless approved by the Associate Administrator for Hazardous Materials
Safety.
A new special provision 132 would be added for the proper shipping
name, ``Ammonium nitrate fertilizers,'' UN2071. The special provision
would allow this material to be excepted from the requirements of the
HMR provided a UN trough test (Section 38, UN Manual of Test and
Criteria) demonstrates that the material is not liable to self-
sustaining decomposition, and that the material does not contain an
excess of nitrate greater than 10% by mass. This material is currently
only regulated for transportation by air and water modes.
A new special provision 133 would be added for the proposed new
entry, ``Air bag inflators, compressed gas or Air bag modules,
compressed gas or Seat-belt pretensioners, compressed gas,'' to clarify
which articles should be transported under these shipping descriptions.
The special provision would also provide conditions for packaging and
design of these articles.
A new special provision 134 would be added for the entry ``Battery-
powered vehicle or Battery-powered equipment'' to identify the entry as
being used for battery-powered equipment or vehicles.
A new special provision 135 would be added for the proposed new
entries, ``Engines, internal combustion, flammable gas powered,''
``Engines, internal combustion, flammable liquid powered,'' ``Vehicle,
flammable gas powered,'' and ``Vehicle, flammable liquid powered'' to
indicate the appropriate shipping description to be used when internal
combustion engines are installed in a vehicle.
A new special provision 136 would be added for the proposed new
entry, ``Dangerous goods in machinery or Dangerous goods in
apparatus.'' The special provision clarifies the restrictions and
exceptions for transporting hazardous materials under the new entry.
A new special provision 137 would be added for the entry,
``Cotton,'' NA1365. See discussion under The Hazardous Materials Table
(HMT).
A new special provision 138 would be added for the entry, ``Lead
compounds, soluble, n.o.s.'' This special provision would clarify the
definition for soluble lead compounds.
A new special provision A35 would be added for the proposed new
entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated
solid, n.o.s.,'' to clarify that the proper shipping names include any
substance not meeting any of the other hazard classes, but which has
certain properties that could cause extreme annoyance or discomfort in
the event of spillage or leakage aboard aircraft to crew members so as
to prevent their performance of duties.
Special Provision 17 applies to the entry, ``Hydrogen peroxide,
aqueous solutions with not less than 8 percent but less than 20 percent
hydrogen peroxide (stabilized as necessary).'' Special Provision 17
would be deleted because the information it contains is duplicative
with the italicized portion of the proper shipping name.
Special Provision 20 would be removed because it no longer is used
for any entries in the HMT.
Special Provision 104 would be removed for consistency with the UN
Recommendations.
Based on a comment received by RSPA, Special Provision B101 would
be editorially revised to clarify that when intermediate bulk
containers are used, only those constructed of metal are authorized.
RSPA agrees with the commenter that the present wording is confusing
and can be intrepreted to mean that metal IBCs are the only authorized
packagings.
Special Provision N9 applies to the entry, ``Cotton waste, oily,''
UN1364. Special Provision N9 would be deleted consistent with the
deletion of Special Provision 34 in the tenth revised edition of the UN
Recommendations.
Section 172.203
In Sec. 172.203, paragraph (k) would be revised to reflect the
proposed means of identifying n.o.s. and generic names (see
Sec. 172.101) and paragraph (k)(3) would be removed and paragraph
(k)(4) would be redesignated (k)(3). This proposed action would be a
result of the proposed amendment to Sec. 172.101(b) which would add a
new symbol (the asterisk) to the HMT for the assignment to n.o.s. and
generic proper shipping names requiring technical names.
[[Page 44319]]
Approximately 19 new proper shipping names are being proposed, in this
NPRM, to be required to be supplemented with a technical name. These
additions are consistent with the UN Recommendations. There are
approximately 99 proper shipping names currently required to be
supplemented with a technical name in the UN Recommendations that, in
the opinion of RSPA, do not warrant requiring a supplementary technical
name. The majority of these are pesticides with proper shipping names
which RSPA believes are sufficiently descriptive. RSPA believes that
requiring these proper shipping names to be supplemented with technical
names adds minimal value for emergency response purposes while
introducing an unwarranted burden on the shipper. The proposed actions
would simplify the use and reduce the volume of the HMT, as well as
align it with international requirements. (See preamble discussion
under Sec. 172.101.)
Sections 172.400, 172.400a, 172.405, 172.407
RSPA is proposing revisions to the labeling requirements for
Division 6.1 Packing Group III materials. RSPA issued an ANPRM on
November 8, 1993, under Docket HM-217, [58 FR 59224] addressing changes
to Division 6.1, Packing Group III labeling requirements consistent
with an amendment incorporated in the eighth revised edition of the UN
Recommendations. Because RSPA believes that the POISON label better
represents the toxicity hazard of materials that are toxic at the
Packing Group III level, RSPA is proposing adoption of the POISON label
requirement for these materials. The KEEP AWAY FROM FOOD label could
best be described as a handling label, not as a hazard warning label.
The ear (stalk) of wheat with an ``X'' and the words ``HARMFUL, STOW
AWAY FROM FOODSTUFFS'' imply that a material in a package bearing this
label poses a limited hazard only to food. For a material assigned to
Division 6.1, Packing Group III on the basis of acute oral toxicity,
the label fails to clearly convey a message of danger through direct
oral ingestion. Paragraph (f)(10) in Sec. 172.405 would be revised to
reflect that a label for a Division 6.1 Packing Group III material may
be modified to display the text ``PG III'' below the mid-line of the
label, instead of ``TOXIC'' (``POISON''). Section 172.407 is revised to
add the lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and
DANGEROUS WHEN WET labels.
Section 172.431
This section would be removed and reserved, thereby deleting the
specifications for the KEEP AWAY FROM FOOD label and placard.
Section 172.504
Consistent with the proposed changes in Secs. 172.400, 172.400a,
172.405 and 172.407, in the paragraph (e) Table 2, the entry for
Division 6.1, Packing Group III would be removed and the entry for
Division 6.1, Packing Group I or II, other than Zone A or B inhalation
hazard would be revised. Paragraph (f)(10) would be revised to reflect
that a placard for Division 6.1, PG III material may be modified to
display the text ``PG III'' below the mid-line of the placard.
Section 172.553
This section would be removed and reserved, in line with
Sec. 172.431 to delete the specifications for the KEEP AWAY FROM FOOD
label and placard.
Part 173
Section 173.1
For uniformity with other references in the HMR, the reference to
the ``Recommendations of the United Nations Committee of Experts on the
Transport of Dangerous Goods'' in paragraph (d) is revised to read ``UN
Recommendations.''
Section 173.2a
The Sec. 173.2a, paragraph (b) Precedence of Hazard Table would be
revised to align it with the UN Recommendations. Currently, there are
two differences between the UN Precedence of Hazard Table and the HMR
Precedence of Hazard Table. The differences involve, (1) the
combination of a Division 4.3, Packing Group II material and a Class 8,
Packing Group II material, and (2) a Division 5.1, Packing Group II
material and a Class 8, Packing Group II material. Consistent with the
UN Recommendations, RSPA proposes to revise these entries by having the
Division 4.3, Packing Group II hazard and the Division 5.1, Packing
Group II hazards take precedence over the Class 8 Packing Group II
hazard.
Section 173.25
Paragraph (b) would be revised to authorize shrink-wrapped or
stretch-wrapped trays as outer packagings only if the inner packagings
are not fragile, liable to break or be easily punctured (such as those
made of glass, porcelain, stoneware or certain plastics). On the basis
of this provision, RSPA is proposing to remove the requirement for
these packages to meet the PG III performance standards. These proposed
changes would be consistent with amendments adopted in the ninth and
tenth revised editions of the UN Recommendations.
Section 173.28
Paragraph (c)(2) would be revised and a new paragraph (c)(5) would
be added to authorize the reconditioning of packagings other than metal
drums. This revision is consistent with amendments adopted in the tenth
revised edition of the UN Recommendations.
Section 173.29
In Sec. 173.29, paragraph (b)(2)(iv)(B) would be revised to clarify
that a non-flammable gas other than anhydrous ammonia, no longer
meeting the defining criteria because of reduced pressure, is not
subject to the HMR. Currently, Sec. 173.29 references an absolute
pressure less than 276 kPa (40 psia); at 21 deg.C (70 deg.F). The
absolute pressure would be corrected to read ``less than 280 kPa (40.6
psia) at 20 deg.C (68 deg.F)'' for consistency with the absolute
pressure reference in Sec. 173.115(b).
Section 173.32b
Consistent with an amendment adopted in the tenth revised edition
of the UN Recommendations, a new sentence would be added to paragraph
(b)(1) to allow for the internal inspection to be waived or substituted
by other test methods or inspection procedures for tanks transporting a
single substance (dedicated service), subject to approval by the
Associate Administrator for Hazardous Materials Safety.
Section 173.32c
Paragraph (j) would be revised for consistency with the UN
Recommendations to allow IM portable tanks which are filled to less
than 20% of their capacity, to be offered for transportation.
Currently, the HMR prohibit any portable tank or tank compartment
having a volume greater than 7,500 liters, which is filled to less than
80% of capacity, from being offered for transportation.
Section 173.35
Consistent with the UN Recommendations, the prohibition of the
reuse of fiberboard, wooden and some flexible IBCs would be eliminated.
However, based on RSPA's own safety concerns, RSPA is proposing to
maintain the reuse restriction for multiwall paper flexible IBCs (13M1
and 13M2).
[[Page 44320]]
Section 173.56
In paragraphs (b)(2)(i) and (b)(3)(i), the reference to a DOD
incorporation by reference document would be updated by removing an
outdated edition date. A corresponding change with the updated edition
date is proposed under Sec. 171.7.
Section 173.59
Consistent with amendments adopted in the tenth revised edition of
the UN Recommendations and consequential proposed amendments to the
HMT, the word ``commercial'' would be deleted from the proper shipping
names, ``Charges, shaped, commercial, without detonator.'' in this
section. RSPA believes that the word ``commercial'' does not add
information which could be useful to emergency responders.
Section 173.121
Paragraph (b) would be amended to align it with the UN
Recommendations based on a decision taken by the UN Committee of
Experts at its nineteenth session. Paragraph (b) provides an exception
for viscous flammable liquids such as paints, enamels, varnishes,
adhesives and polishes with a flash point of less than 23 deg.C to be
classified as PG III materials, provided the material does not contain
any substance with a primary or subsidiary risk of Division 6.1 or
Class 8. In the ninth revised edition, the UN Committee of Experts
included an exception which authorized mixtures containing not more
than 5% of substances in Packing Group I or Packing Group II of
Division 6.1 or Class 8, or not more than 5% of substances in Packing
Group I of Class 3 requiring a Division 6.1 or Class 8 subsidiary label
to be reclassified in PG III in the Recommendations. This exception was
not adopted by ICAO or IMO based in part on proposals submitted by
RSPA. RSPA believes the proposed amendment enhances safety while
simplifying the classification provisions in Sec. 173.121.
Section 173.159
In Sec. 173.159(g)(2), RSPA proposes to authorize additional
packagings for electrolyte, acid or alkaline corrosive battery fluid
included with storage batteries and filling kits. RSPA received a
petition (P-1313) which stated that the corrosive attack to steel is
slight and that steel drums and steel boxes have a structural integrity
that exceeds the presently authorized plywood and wooden boxes. RSPA
agrees and proposes to revise paragraph (g)(2) to reflect the
authorization of steel drums and steel boxes by authorizing strong
outer packagings which conform to military specifications, as opposed
to only wooden boxes. RSPA is interested in comments or proposals for
simplifying the packaging requirements in Sec. 173.159 and the need to
allow additional packagings such as plastic packagings.
Section 173.162
In Sec. 173.162, the packaging requirements for gallium would be
revised by affording shippers more flexibilty in packaging alternatives
while providing an adequate level of safety. The revision would be
consistent with the IMDG Code which currently includes more packaging
alternatives for transporting gallium than does the HMR.
Section 173.164
In Sec. 173.164, in paragraph (a), the limitation of not more than
3.5 kg (7.7 pounds) capacity for quicksilver flasks would be replaced
with 35 kg (77 pounds). This action would correct an editorial error
and bring the quantity in line with ICAO. Paragraph (c) would also be
revised to correct an editorial error by removing the 100 mg quantity
limitation for mercury in manufactured articles or apparatuses.
Paragraph (c) applies to exceptions from specifications packaging
requirements.
Section 173.196
In Sec. 173.196, paragraph (a)(iii) indicates that absorbent
material must be placed between the primary receptacle and the
secondary packaging. Consistent with a decision taken by the ICAO
Dangerous Goods Panel, absorbent material is only necessary for liquid
materials. On this basis, in Sec. 173.196(a)(iii), the words ``When the
primary receptacle contains liquids'' would be inserted in the first
sentence before ``An absorbent material''.
Section 173.220
RSPA is proposing amendments to Sec. 173.220 to include
requirements for both liquid and gas fueled vehicles consistent with
amendments adopted by ICAO in Packing Instruction 900 and the four new
shipping descriptions proposed for incorporation in the HMT for
internal combustion engines and vehicles. For editorial purposes and
clarity, specific requirements in Sec. 173.306 relevant to gas powered
vehicles and hazardous components installed in vehicles are proposed to
be consolidated in this section.
Section 173.221
In response to two petitions (P-1344 and P-1353), RSPA is proposing
to revise the packaging requirements for ``Polymeric beads, expandable,
evolving flammable vapor.'' and ``Plastic molding compound in dough,
sheet or extruded rope form evolving flammable vapor.'' while
consolidating the non-bulk and bulk packaging requirements in
Sec. 173.221. RSPA agrees with the petitioners that the packaging
requirements for these materials are overly restrictive and that bulk
packagings should be authorized for ``Plastic molding compound in
dough, sheet or extruded rope form evolving flammable vapor.''
Section 173.222
RSPA is proposing to remove Sec. 173.222 and replace it with
requirements for a proposed new entry. Since Sec. 175.10 applies to
wheelchairs transported as checked baggage and Sec. 173.220 applies to
wheelchairs transported in commerce, RSPA believes Sec. 173.222 is not
necessary. This proposed amendment is consistent with the proposal to
remove the description ``Wheel chair, electric'' in the HMT as an
acceptable proper shipping name and include it only for purposes of
referencing users of the HMR to ``Battery powered equipment,'' UN3171.
``Battery powered equipment'' is the proper shipping name used in the
ICAO Technical Instructions, IMDG Code and UN Recommendations for wheel
chair, electric.
Section 173.222 would be replaced with requirements applicable to
the proposed new entry, ``Dangerous goods in machinery or Dangerous
Goos in Apparatus.'' The proposed requirements would be consistent with
those currently in the ICAO Technical Instructions.
Section 173.225
In paragraph (b) a new organic peroxide formulation would be added
to the Organic Peroxides table consistent with the tenth revised
edition of the UN Recommendations. Various entries would be corrected
due to typographical errors. in addition, based on comments received by
RSPA, the word ``product'' would be inserted before the word
``evaluation'' in paragraph (c)(2). This proposed change would clarify
that the exception for samples applies for purposes of shipping
products for evaluation and not only for hazard classification
purposes. In addition, various changes would be made due to printing
errors.
Section 173.243
RSPA proposes to add a new paragraph (e)(3) to authorize a Class 8
subsidiary hazard, PG III to be packaged in accordance with
Sec. 173.242. In the IMDG Code, certain dual hazard
[[Page 44321]]
materials with a subsidiary hazard of Class 8, PG III are permitted in
IBCs, consistent with those specified in Sec. 173.242. Section
173.242(e) authorizes certain dual hazard materials with subsidiary
risks of Class 3, with a flash point greater than 38 deg. C, and
Division 6.1, PG III to be packaged in intermediate bulk containers
specified in Sec. 173.242. However, this exception is not applied to
dual hazard materials with subsidiary hazards of Class 8, PG III. RSPA
has issued a number of competent authority approvals consistent with
the intermediate bulk container assignments for these materials in the
IMDG Code, and on this basis, proposes to incorporate this allowance
into the HMR.
Section 173.301
RSPA is proposing to amend paragraph (i) to clarify than non-DOT
specification cylinders which are being imported into or exported from
the United States or passing through the United States, in the course
of being shipped between places outside the United States, may be
offered and accepted for transportation and transported by motor
vehicle within a single port area (including contiguous harbors) when
packaged, marked, classed, labeled, stowed and segregated in accordance
with the IMDG Code. This exception is not readily apparent in
Sec. 173.301(i) and this results in numerous inquiries by shippers and
users of the HMR.
Section 173.306
A new paragraph (f)(4) would be added to except certain
accumulators intended to function as automotive shock absorbers,
struts, energy absorbing devices or gas springs from the requirements
of the HMR if they meet certain provisions. This amendment would be
consistent with Special Provision 283 in the tenth revised edition of
the UN Recommendations as modified in a petition from the American
Automobile Manufacturers Association, (P-1335).
Paragraphs (d)(1), (d)(2), (d)(3) and (d)(4) would be moved to the
proposed revised Sec. 173.220.
Part 174
Section 174.81
The paragraph (f) Compatibility Table for Class 1 (Explosive)
Materials would be revised to allow Compatibility Group G to be loaded
and transported with Compatibility Groups C, D and E under certain
conditions. This allowance would be consistent with the Sec. 176.144(a)
Table for Authorized Mixed Stowage for Explosives aboard vessels and
with the IMDG Code. RSPA would revise the Sec. 177.848 Compatibility
Table to reflect the same allowance.
Section 174.680
Paragraph (b) would be revised to authorize separation in the same
car, rather than segregation in different cars, of Division 6.1 Packing
Group III materials from foodstuffs. The reference to the KEEP AWAY
FROM FOOD label would be removed and replace by a reference to a
modified POISON label displaying ``PG III'' text.
Part 175
Section 175.630
Paragraph (a) would be revised by removing the reference to the
KEEP AWAY FROM FOOD label.
Part 176
Section 176.76
A new paragraph (i) would be added, consistent with the Amendment
29 of the IMDG Code, to require flammable gases or liquids having a
flashpoint of 23 deg. C or less to be stowed away from possible sources
of ignition.
Section 176.83
Paragraphs (a)(1), (a)(3), (a)(8) would be revised and a new
paragraph (a)(10) would be added to clarify segregation requirements
aboard vessels. In addition, the Sec. 176.83(g) Segregation Table would
be revised for the segregation requirement ``Away From'' by revising
``No restriction'' for ``Open versus open--On deck'' to read ``At least
3 meters.'' These changes are consistent with Amendment 29 of the IMDG
Code.
Section 176.600
This section would be revised to specify that packages containing a
Division 6.1 Packing Group III material and bearing a modified POISON
label displaying the text ``PG III,'' instead of the text ``POISON'' or
``TOXIC.''
Part 177
Section 177.841
Paragraph (e)(3) would be revised to specify requirements for
separating Division 6.1 Packing Group III materials from foodstuffs,
consistent with provisions in Sec. 177.848. A Division 6.1 Packing
Group III material bearing either a primary or subsidiary POISON hazard
warning label with text displaying ``PG III'' could be transported on
the same vehicle as foodstuffs if separated to prevent commingling.
This will allow less restrictive segregation requirements for a package
bearing a label indicating ``PG III'' which contains a material meeting
only Division 6.1 Packing Group III toxicity criteria.
Section 177.848.
The paragraph (f) Compatibility Table for Class 1 (Explosive)
Materials would be revised to allow Compatibility Group C to be loaded
and transported with Compatibility Groups C, D and E under certain
conditions. This allowance would be consistent with the Sec. 176.144(a)
Table for Authorized Mixed Stowage for Explosives aboard vessels and
with the IMDG Code. RSPA would revise the Sec. 174.81 Compatibility
Table to reflect the same allowance.
Part 178
Section 178.270-3.
The reference to ISO 82-1974(E) Steels-Tensile Testing would be
revised to correct a printing error.
Section 178.509.
Paragraph (b) would be amended to authorize the use of recycled
plastic materials of known origin and characteristics for the
manufacture of UN specification plastic drums and jerricans when
approved by the Associate Administrator for Hazardous Materials Safety.
RSPA believes that use of recycled plastics should only be allowed
under an approval process until further experience and data is gathered
to support introduction of specific provisions for its use into the
HMR.
Section 178.703.
Under Docket HM-215B (62 FR 24743), RSPA added a requirement to
Sec. 178.703(b)(6)(ii) which states, ``Where the outer casing of a
composite intermediate bulk container can be dismantled, each of the
detachable parts must be marked with the month and year of manufacture
and name or symbol of the manufacturer.'' This addition was adopted
consistent with changes in the UN Recommendations. This requirement was
reconsidered by the UN Sub-committee of Experts at its fifteenth
session because IBC manufacturers asked for clarification of the term
``detachable parts.'' The Sub-committee adopted revised text to
indicate that this requirement only applies to parts intended to be
detached for dismantling. RSPA is proposing to incorporate this text in
the HMR in response to concerns raised by industry concerning the costs
associated with applying the existing HMR marking requirements.
Section 178.813.
RSPA is proposing to revise paragraph (b) to include the provision
that the inner receptacle of a composite IBC may
[[Page 44322]]
be tested without the outer packaging provided the test results are not
affected. This provision was inadvertently omitted in previous efforts
to harmonize the HMR with the UN Recommendations.
Section 180.352.
In Sec. 180.352, in paragraph (b), RSPA proposes to relocate a
requirement that a person must perform a visual inspection prior to
filling an IBC to Sec. 173.35. The periodic leakproofness test and
visual inspection requirements would be retained in paragraphs (b)(1)
and (b)(2) of part 180.
In paragraph (b)(3), consistent with the changes proposed in
Sec. 173.35 to allow the reuse of rigid plastic and composite IBCs,
RSPA proposes to require that they must also be internally inspected at
least every five years. This requirement is consistent with paragraph
6.5.1.6.4 of the UN Recommendations.
In addition, RSPA proposes to add a new paragraph (c) to provide
for the repair, testing and inspection of IBCs which are repaired after
being damaged (for example, due to an impact, such as an accident).
This provision was inadvertently omitted in Docket HM-215B [62 FR
24690] and is consistent with the UN Recommendations.
RSPA is specifying a deadline for comments that is less than the 45
days recommended in Executive Order 12866. This shorter comment period
is intended to enable RSPA to develop and issue a final rule to
coincide with the effective date of these changes in the ICAO Technical
Instructions and the IMDG.
V. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not reviewed by the Office of Management and Budget. The rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034].
B. Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). Federal hazardous materials transportation law, 49
U.S.C. 5701-5127, contains an express preemption provision (49 U.S.C.
5125(b)) 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
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) the design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This notice of proposed rulemaking addresses covered subjects under
items i, ii, iii and v above and, if adopted as final, would preempt
State, local, or Indian tribe requirements not meeting the
``substantively the same'' standard. Federal hazardous materials
transportation law provides at Sec. 5125(b)(2) that if DOT issues a
regulation concerning any of the covered subjects DOT must determine
and publish in the Federal Register the effective date of Federal
preemption. The effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA has determined that the
effective date of Federal preemption for these requirements will be 180
days after the effective date of a final rule under this docket. Thus,
RSPA lacks discretion in this area, and preparation of a federalism
assessment is not warranted.
C. Regulatory Flexibility Act
This proposed rule would incorporate changes introduced in the
tenth revised edition of the UN Recommendations, the 1997-98 ICAO
Technical Instructions, and Amendment 29 to the IMDG Code. It would
apply to offerors and carriers of hazardous materials and would
facilitate the transportation of hazardous materials in international
commerce by providing consistency with international requirements. U.S.
companies, including numerous small entities competing in foreign
markets, will be forced to comply with a dual system of regulation, to
their economic disadvantage, if the changes proposed in this NPRM are
not adopted. The proposed changes are intended to avoid this result.
The costs associated with this proposed rule are considerd to be so
minimal as to not warrant preparation of a regulatory impact analysis
or regulatory evaluation. In contrast, the majority of proposed
amendments should result in cost savings. No cost increases are
associated with the incorporation of an exception for certain shock
absorbers, struts, gas springs and shocks, and other automobile energy
absorbing articles in Sec. 173.306(f). This amendment should result in
an increased cost savings for the automotive industry. Although the
labeling requirements for poisonous materials in this NPRM may affect
some small business entities that ship or transport hazardous
materials, any adverse economic impact should be offset through a
lengthy transition period, retention of current operational
requirements, and modification of the POISON or TOXIC label. The
proposed amendments for IBCs would remove prohibitions for reusing
certain IBCs which would result in costing savings for industry by
allowing IBCs to be inspected and reused, instead of used and
discarded. In addition, the proposed amendments to the IBC marking
requirements in Sec. 178.703 will eliminate the burden of unnecessary
markings which will also result in cost savings.
A number of amendments proposed will result in relaxation of overly
burdensome requirements which will result in cost savings. For example,
the removal of the requirement to performance test shrink or stretch-
wrapped trays containing limited quantities of hazardous materials
should result in a cost savings for many companies. The proposed
authorization to allow use of recycled plastic materials when approved
by the Associate Administrator for Hazardous Materials Safety, the
proposed relaxation of filling requirements for IM portable tanks, the
proposed authorization to use steel packages for batteries and the
proposed amendments for packaging gallium, mercury, polymeric beads and
plastic molding compound are other examples where cost savings will be
realized. Many companies involved in domestic, as well as global
operations, will realize economic benefits as a result of the proposed
amendments. Therefore, I certify that this proposal will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This certification is subject to modification as a
result of a review of comments received in response to this proposal.
D. Paperwork Reduction Act
The requirements for information collection have been approved by
the Office of Management and Budget
[[Page 44323]]
(OMB) under OMB control numbers 2137-0034 for shipping papers and 2137-
0557 for approvals. Under the Paperwork Reduction Act of 1995, no
person is required to respond to a collection of information unless it
displays a valid OMB control number.
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.
F. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
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,
Labeling, 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 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and 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.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.7 [Amended]
2. In the Sec. 171.7(a)(3) Table, the following changes are made:
a. Under ``American Pyrotechnics Association'', for the entry ``APA
Standard 87-1, Standard for Construction and Approval for
Transportation of Fireworks and Novelties'', the wording ``April 1993
Edition'' would be revised to read ``January 23, 1998''.
b. Under ``American Society for Testing and Materials'', for the
entry ``ASTM D 56-93 Standard Test Method for Flash Point by Tag Closed
Tester'', the wording ``ASTM 56-93'' would be revised to read ``ASTM D
56-97''.
c. Under ``American Society for Testing and Materials'', for the
entry ``ASTM 93-94 Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester'', the wording ``ASTM 93-94'' would be revised to
read ``ASTM 93-97''.
d. Under ``American Society for Testing Materials'', for the entry
``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus,'' the wording ``ASTM D 3278-95'' would
be revised to read ``ASTM D 3278-96''.
e. Under ``American Society for Testing Materials'', for the entry
``ASTM D 3828-93 Standard Test Methods for Flash Point by Small Scale
Closed Tester'', the wording ``ASTM D 3828-93'' would be revised to
read ``ASTM D 3828-97''.
f. Under ``Department of Defense (DOD),'' for the entry ``DOD TB
700-2; NAVSEAINST 8020.8; AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard
Classification Procedure, December 1989.'', the wording ``December
1989'' would be revised to read ``January 1998''.
g. Under ``International Civil Aviation Organization (ICAO), for
the entry ``Technical Instructions for the Safe Transport of Dangerous
Goods by Air, DOC 9284-AN/905, 1997-1998 Edition., the wording ``1997-
1998 Edition'' would be revised to read ``1999-2000 Edition''.
h. Under ``International Maritime Dangerous Goods (IMDG) Code, 1994
Consolidated Edition, as amended by Amendment 28 (1996) (English
edition).'', the wording ``Amendment 28 (1996)'' would be revised to
read ``Amendment 29 (1997)''.
i. Under ``International Organization for Standardization'', a new
entry ``ISO 8115 Cotton Bales--Dimensions and Density, 1986 Edition''
would be added in the appropriate order in the first column and the
reference ``Sec. 172.102'' would be added in the second column.
j. Under ``United Nations'', for the entry ``UN Recommendations on
the Transport of Dangerous Goods, Ninth Revised Edition (1995)'', the
wording ``Ninth Revised Edition (1995)'' would be revised to read
``Tenth Revised Edition (1999)''.
k. Under ``United Nations'', for the entry ``UN Recommendations on
the Transport of Dangerous Goods, Manual of Tests and Criteria'', in
the second column, the reference ``Sec. 172.102,'' would be added
immediately before ``173.21''.
Sec. 171.11 [Amended]
3. In Sec. 171.11, the following changes would be made:
a. In paragraph (d)(4)(ii), the word ``must'' would be revised to
read ``should'' each place it appears.
b. In paragraph (d)(14), the wording ``An aerosol'' would be
removed and ``Except as provided for aerosols of not more than 4 fluid
ounces capacity in Sec. 173.306(a)(1) of this subchapter, aerosols''
would be added in its place.
4. In Sec. 171.12, paragraph (b)(15) would be revised to read as
follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) * * *
(15) Cylinders not manufactured to DOT specification must conform
to the requirements of Sec. 173.301(i) and (j) of this subchapter or,
for Canadian manufactured cylinders, to the requirements of
Sec. 171.12a(b)(13).
* * * * *
[[Page 44324]]
Sec. 171.12 [Amended]
5. In addition, in Sec. 171.12, in paragraph (b)(17), the words
``An aerosol'' would be removed and ``Except as provided for aerosols
of not more than 4 fluid ounces capacity in Sec. 173.306(a)(1) of this
subchapter, aerosols'' would be added in its place.
6. In Sec. 171.12a, paragraph (b)(13) is redesignated as paragraph
(b)(13) introductory text, a new sentence is added at the end of newly
designated paragraph (b)(13) introductory text, and paragraphs
(b)(13)(i) through (b)(13)(iv) would be added to read as follows:
Sec. 171.12a Canadian shipments and packagings.
* * * * *
(b) * * *
(13) * * * However, a cylinder made in Canada that meets the
following conditions is authorized for the transportation of a
hazardous material within the United States:
(i) During the manufacturing process, the cylinder was marked with
an approval number and an inspector's mark authorized by TDG or by its
predecessor, the Railway Transport Committee of the Canadian Transport
Commission (CTC), in its regulations for the Transport of Dangerous
Commodities by Rail and was marked ``CTC'' or ``TDG';
(ii) The cylinder is in full conformance with the specifications
prescribed by the TDG regulations;
(iii) The cylinder has been requalified under a program authorized
by the Canadian regulations or requalified in accordance with subpart C
of part 180 of this subchapter within the prescribed requalification
period; and
(iv) At the time the requalification is performed, in addition to
the markings prescribed in Sec. 180.211 of this subchapter, the
cylinder is marked ``DOT/'' immediately before the Canadian
specification marking (such as, ``DOT/CTC'').
* * * * *
Sec. 171.12a [Amended]
7. In addition, in Sec. 171.12a, in paragraph (b)(16), the words
``An aerosol'' would be removed and ``Except as provided for aerosols
of not more than 4 fluid ounces capacity in Sec. 173.306(a)(1) of this
subchapter, aerosols'' would be added in its place.
8. In Sec. 171.14, as amended at 62 FR 39404, effective October 1,
1998, a new paragraph (f) would be added to read as follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(f) Until October 1, 2003, the KEEP AWAY FROM FOODSTUFFS labeling
and placarding requirements applicable to the use of the KEEP AWAY FROM
FOODSTUFFS, in effect on October 1, 1997, label and placard may
continue to be used in place of the new requirements for Division 6.1,
Packing Group III materials.
Sec. 171.14 [Amended]
9. In addition, in Sec. 171.14, as amended at 62 FR 39404,
effective October 1, 1998, in the table in paragraph (b), the following
changes would be made:
a. In Column 1, the entry ``Division 6.1, PG I and II (other than
Zone A or B inhalation hazard)'' would be revised to read ``Division
6.1, PG I or II (other than Zone A or B inhalation hazard), or PG
III''.
b. The entry ``Division 6.1, PG III'' would be removed.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
10. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
11. In Sec. 172.101, paragraph (b) introductory text would be
revised and a new paragraph (b)(6) would be added to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(b) Column 1: Symbols. Column 1 of the Table contains six symbols
(``+'', ``A'', ``D'', ``I'', ``W'' and ``*'' as follows:
* * * * *
(6) The asterisk (*) identifies proper shipping names for which the
technical name of the hazardous material must be entered in parentheses
in association with the basic description. (See Sec. 172.203(k).)
* * * * *
Sec. 172.101 [Amended]
12. In addition, in Sec. 172.101, in the Label Substitution Table
in paragraph (g), as amended at 62 FR 39404, effective October 1, 1998,
the following changes would be made:
a. In Column 1, the language ``6.1 (I or II, other than Zone A or B
inhalation hazard)'' would be revised to read ``6.1 (PG I or II, other
than Zone A or B inhalation hazard, or PG III)''.
b. In Column 1, the entry for ``6.1 (III)'' would be removed.
13. In Sec. 172.101, the Hazardous Materials Table would be amended
by removing, adding, or revising, in appropriate alphabetical sequence,
the following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 44325]]
Sec. 172.101.--Hazardous Materials Table
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel
materials Hazard ------------------------------------------------------------------ stowage
Symbols descriptions and class or Identification PG Label codes Special ---------------------
proper shipping division numbers provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft
names aircraft/rail only Location Other
(1) (2).............. (3) (4) (5) (6)............ (7)........... (8A) (8B)..... (8C)..... (9A).......... (9B).......... (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]
* * * * * * *
Alkali metal
amalgams
* * * * * * *
Amyl alcohols (PG
II, III)
* * * * * * *
Battery, wet,
with wheelchair,
see Wheelchair,
electric.
* * * * * * *
Benzoic
derivative
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II)
Benzoic deriative
pesticides,
liquid, toxic.
(PG I, II, III)
Benzoic
derivative
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (PG
I, II, III)
Benzoic derative
pesticides,
solid, toxic (PG
I, II, III)
* * * * * * *
Engines, internal
combustion,
including when
fitted in
machinery or
vehicles.
* * * * * * *
Ethyl
cyanoacetate
* * * * * * *
D........... Hexafluoropropyle
ne oxide.
* * * * * * *
Hydrocarbon
gases,
compressed,
n.o.s.
Hydrocarbon
gases,
liquefied,
n.o.s.
* * * * * * *
Metal alkyl
halides, n.o.s.
or Metal aryl
halides, n.o.s.
Metal alkyl
hydrides, n.o.s.
or Metal aryl
hydrides, n.o.s.
* * * * * * *
Metal alkyls,
n.o.s. or Metal
aryls, n.o.s.
* * * * * * *
I........... Nitrogen
triflouride,
compressed
(Class 2.3)
* * * * * * *
Nitroglycerin
mixture with
more than 2
percent but not
more than 10
percent
nitroglycerin,
by mass,
desensitized.
* * * * * * *
2,5-Norbomadiene
or Bicyclo-
[2,2,1]-hepta-2,5-
diene, inhibited.
* * * * * * *
Phenoxy
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II)
Phenoxy
pesticides,
liquid, toxic
(PG I, II, III)
[[Page 44326]]
Phenoxy
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (PG
I, II, III)
Phenoxy
pesticides,
solid, toxic (PG
I, II, III)
* * * * * * *
Phenyl urea
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II)
* * * * * * *
Phenyl urea
pesticides,
liquid, toxic,
flammable flash
point not less
than 23 degrees
C. (PG I, II,
III)
Phenyl urea
pesticides,
solid, toxic (PG
I, II, III)
* * * * * * *
Phthalimide
derivative
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II)
Phthalimide
derivative
pesticides,
liquid, toxic
(PG I, II, III)
Phthalimide
derivative
pesticides,
liquid, toxic,
flammable flash
point not less
than 23 degrees
C. (PG I, II,
III)
Phthalimide
derivative
pesticides,
solid, toxic (PG
I, II, III)
* * * * * * *
AW..........
Polychlorinated
biphenyls
* * * * * * *
Pyrophoric
organometallic
compound, n.o.s.
* * * * * * *
Vehicles, self-
propelled
including
internal
combustion
engines or other
apparatus
containing an
internal
combustion
Engine or
electric storage
battery, see
Engines etc. or
Battery powered
etc. or Wheel
chair,
electric).
* * * * * * *
Wheel chair,
electric
(spillable or
non-spillable
type batteries).
* * * * * * *
[ADD:]
* * * * * * *
Acetic acid 8 UN2790 III 8.............. T8............ 154 203...... 242...... 5 L........... 60 L.......... A
solution, with
more than 10
percent and less
than 50 percent
acid, by mass
* * * * * * *
Airbag inflators, 2.2 UN3353 2.2............ 133........... 166 166...... 75 kg......... 150 kg........ A
compressed gas
or Air bag
modules,
compressed gas
or Seat-belt
pretensioners,
compressed gas
* * * * * * *
Alkali metal 4.3 UN1389 I 4.3............ A2, A3, N34... None 201...... 244...... Forbidden..... 1 L........... E 40
amalgam, liquid
Alkali metal 4.3 UN1389 I 4.3............ B101, B106, None 211...... 242...... Forbidden..... 15 kg......... E
amalgam, solid N40.
[[Page 44327]]
* * * * * * *
*........... Aviation 9 UN3334 .......... 9.............. A35........... 155 204...... ......... No limit...... No limit...... A
regulated
liquid, n.o.s.
*........... Aviation 9 UN3335 .......... 9.............. A35........... 155 204...... ......... No limit...... No limit...... A
regulated solid,
n.o.s.
* * * * * * *
Bicyclo[2,2,1]hep 3 UN2251 II 3.............. .............. 150 202...... 242...... 5 L........... 60 L.......... D
ta-2,5-diene,
inhibited or 2,5-
Norbornadiene,
inhibited
* * * * * * *
Bromopropanes 3 UN2344 III 3.............. T2............ 150 203...... 242...... 60 L.......... 220 L......... B
* * * * * * *
D........... Dangerous Goods ........ NA8001 .......... ............... 136........... None 222...... None..... No limit...... No limit...... A
in Machinery or
Dangerous Goods
in Apparatus
* * * * * * *
Dyes, solid, 8 UN3147 I 8.............. .............. None 211...... 242...... 1 kg.......... 25 kg......... A
corrosive,
n.o.s. or Dye
intermediates,
solid,
corrosive,
n.o.s.
* * * * * * *
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...... .........
combustion,
flammable liquid
powered.
* * * * * * *
Flammable solid, 4.1 UN3097 II 4.1, 5.1....... 131........... None 214...... 214...... Forbidden..... Forbidden..... E 40
oxidizing,
n.o.s..
III 4.1, 5.1....... 131........... None 214...... 214...... Forbidden..... Forbidden..... D 40
* * * * * * *
Fumigated lading,
see Secs.
172.302(g),
173.9 and
176.76(h)
* * * * * * *
*........... Hydrocarbon gas 2.1 UN1964 .......... 2.1............ .............. 306 302...... 314, 315. Forbidden..... 150 kg........ E 40
mixture,
compressed,
n.o.s..
*........... Hydrocarbon gas 2.1 UN1965 .......... 2.1............ .............. 306 304...... 314, 315. Forbidden..... 150 kg........ E 40
mixture,
liquefied,
n.o.s..
* * * * * * *
Insecticide 2.1 UN3354 .......... 2.1............ .............. 306 304...... 314, 315. Forbidden..... 150 kg........ D 40
gases,
flammable,
n.o.s..
* * * * * * *
Insecticide 2.3 UN3355 .......... 2.3, 2.1....... 1............. None 192...... 245...... Forbidden..... Forbidden..... D 40
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone A.
Insecticide 2.3 UN3355 .......... 2.3, 2.1....... 2, B9, B14.... None 302, 305. 314, 315. Forbidden..... Forbidden..... D 40
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone B.
Insecticide 2.3 UN 3355 .......... 2.3, 2.1....... 3, B14........ None 302, 305. 314, 315. Forbidden..... Forbidden..... D
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone C.
Insecticide gases 2.3 UN 3355 .......... 2.3, 2.1....... 4............. None 302, 305. 314, 315. Forbidden..... Forbidden..... D
toxic,
flammable,
n.o.s.
Inhalation
hazard Zone D.
* * * * * * *
Lithium batteries 9 UN3091 II 9.............. 29............ 185 185...... None..... 5 kg.......... 35 kg gross... A
packed with
equipment.
* * * * * * *
Mercaptans, 3 UN3336 I 3.............. T23........... 150 201...... 243...... 1 L........... 30 L.......... E 95
liquid,
flammable,
n.o.s. or
Mercaptan
mixture, liquid,
flammable, n.o.s.
II 3.............. T8, T31....... 150 202...... 242...... 5 L........... 60 L.......... B 95
III 3.............. B1, B52, T7, 150 203...... 241...... 60 L.......... 220 L......... B 95
T30.
* * * * * * *
Metal alkyl 4.2 UN3049 I 4.2, 4.3....... B9, B11, T28, None 181...... 244...... Forbidden..... Forbidden..... D
halides, water- T29, T40.
reactive n.o.s.
or Metal aryl
halides, water-
reactive, n.o.s..
Metal alkyl 4.2 UN3050 I 4.2, 4.3....... B9, B11, T28, None 181...... 244...... Forbidden..... Forbidden..... D
hydrides, water- T29.
reactive, n.o.s.
or Metal aryl
hydrides, water-
reactive, n.o.s.
[[Page 44328]]
Metal alkyls, 4.2 UN2003 I 4.2, 4.3....... B11, T42...... None 181...... 244...... Forbidden..... Forbidden..... D
water-reactive,
n.o.s. or Metal
aryls, water-
reactive n.o.s.
* * * * * * *
Nitroglycerin 3 UN3343 .......... 3.............. 129, N8....... None 214...... None..... Forbidden..... 5 L........... D
mixture,
desensitized,
liquid,
flammable,
n.o.s. with not
more than 30
percent
nitroglycerin,
by mass.
*........... Nitroglycerin 4.1 UN3319 II 4.1............ 118........... None None..... None..... Forbidden..... 0.5 kg........ E
mixture,
desensitized,
solid, n.o.s.
with more than 2
percent but not
more than 10
percent
nitroglycerin,
by mass.
* * * * * * *
Pentaerythrite 4.1 UN3344 II 4.1............ 118........... None 214...... None..... Forbidden..... Forbidden..... B 40
tetranitrate
mixture,
desensitized,
solid, n.o.s.
with more than
10 percent but
not more than 20
percent PETN, by
mass.
* * * * * * *
Pentanols........ 3 UN1105 II 3.............. T1............ 150 202...... 242...... 5 L........... 60 L.......... B
III 3.............. B1, B3, T1.... 150 203...... 242...... 60 L.......... 220 L......... A
* * * * * * *
Phenoxyacetic D UN3346 I 3, 6.1......... T23........... None 201...... 243...... Forbidden..... 30 L.......... B 40
acid derivative
pesticide,
liquid,
flammable, toxic
flashpoint less
than 23 deg.C.
II 3, 6.1......... T14........... None 202...... 243...... 1 L........... 60L........... B 40
Phenoxyacetic 6.1 UN3348 I 6.1............ T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40
acid derivative
pesticide,
liquid, toxic.
II 6.1............ T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40
III 6.1............ T14........... 153 203...... 241...... 60 L.......... 220 L......... A 40
Phenoxyacetic 6.1 UN3347 I 6.1, 3......... T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40
acid derivative
pesticide,
liquid,
flammable, toxic
flashpoint not
less than 23
deg.C..
x II 6.1, 3......... T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40
x III 6.1, 3......... T14........... 153 203...... 241...... 60 L.......... 220 L......... A 40
Phenoxyacetic 6.1 UN3345 I 6.1............ .............. None 211...... 242...... 5 kg.......... 50 kg......... A 40
acid derivative
pesticide,
solid, toxic.
II 6.1............ .............. 153 212...... 242...... 25 kg......... 100 kg........ A 40
III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40
* * * * * * *
AW.......... Polychlorinated 9 UN2315 II 9.............. 9, 81......... 155 202...... 241...... 100 L......... 220 L......... A 34
biphenyls,
liquid.
AW.......... Polychlorinated 9 UN2315 II 9.............. 9, 81......... 155 202...... 241...... 100 kg........ 200 kg........ A 34
biphenyls, solid.
* * * * * * *
Pyrethroid 8 UN3350 I 3,6.1.......... T24, T26...... None 201...... 243...... Forbidden..... 30 L.......... B 40
pesticide,
liquid,
flammable,
toxic,
flashpoint less
than 23 deg.C.
II 3, 6.1......... T14........... None 202...... 243...... 1 L........... 60 L.......... B 40
Pyrethroid 6.1 UN3352 I 6.1............ .............. None 211...... 242...... 1 L........... 30 L.......... A 40
pesticide,
liquid toxic.
II 6.1............ .............. 153 212...... 242...... 5 L........... 60 L.......... A 40
III 6.1............ .............. 153 213...... 240...... 60 L.......... 220 L
Pyrethroid 6.1 UN3351 I 6.1, 3......... T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40
pesticide,
liquid, toxic,
flammable,
flashpoint not
less than 23
deg.C.
II 6.1, 3......... T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40
III 6.1, 3......... T14........... 153 203...... 241...... 60 L.......... 220 L......... B 40
Pyrethroid 6.1 UN3349 I 6.1............ .............. None 211...... 242...... 5 kg.......... 50 kg......... A 40
pesticide,
solid, toxic.
II 6.1............ .............. 153 212...... 242...... 25 kg......... 100 kg........ A 40
III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40
* * * * * * *
Pyrophoric 4.2 UN3203 I 4.2, 4.3....... T28, T40...... None 187...... 242...... Forbidden..... Forbidden..... D
organometallic
compound, water-
reactive, n.o.s.
[[Page 44329]]
* * * * * * *
Refrigerant gas R 2.2 UN3337 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........
404A.
Refrigerant gas R 2.2 UN3338 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........
407A.
Refrigerant gas R 2.2 UN3339 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........
407B.
Refrigerant gas R 2.2 UN3340 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........
407C.
* * * * * * *
Thiourea dioxide. 4.3 UN3341 II 4.2............ .............. None 212...... 241...... 15 kg......... 50 kg......... D .........
III 4.2............ .............. None 213...... 241...... 25 kg......... 100 kg........ D .........
* * * * * * *
Vehicle, 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... Forbidden..... No limit...... A .........
flammable gas
powered.
Vehicle, 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... No limit...... No limit...... A .........
flammable liquid
powered.
* * * * * * *
Xanthates........ 4.2 UN3342 II 4.2............ .............. None 212...... 241...... 15 kg......... 50 kg......... D 25, 40
III 4.2............ .............. None 213...... 241...... 25 kg......... 100 kg........ D .........
* * * * * * *
[REVISE]
* * * * * * *
Nitrogen 2.2 UN2451 .......... 2.2, 5.1....... .............. None 302...... None..... 75 kg......... 150 kg........ D 40
trifluoride,
compressed.
* * * * * * *
Piperidine....... 8 UN2401 I 8, 3........... T17........... None 201...... 243...... 0.5 L......... 2.5 L......... D .........
* * * * * * *
Propyleneimine, 3 UN1921 I 3, 6.1......... A3, N34, T24.. None 201...... 243...... 1 L........... 30 L.......... B, 40 .........
inhibited.
* * * * * * *
Vanadium 6.1 UN2862 III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40
pentoxide, non-
fused form.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 44330]]
Sec. 172.101 [Amended]
14. In addition, in the Sec. 172.101 Hazardous Materials Table, the
following changes would be made:
14-1. In Column (1), the symbol ``+'' would be added for each of
the following entries:
Aminophenols (o-;m-;p-;) (UN2512)
Chlorodinitrobenzenes (UN1577)
Dichloroanilines, liquid (UN1590)
Dichloroanilines, solid (UN1590)
o-Dichlorobenzene (UN1591)
N,N-Diethylaniline (UN2432)
Epichlorohydrin (UN2023)
Nitroanilines (o-;m-;p-;) (UN1661)
Nitroanisole (UN2730)
Nitrobenzene (UN1662)
Nitrophenols (o-;m-;p-;) (UN1663)
Phenetidines (UN2311)
Phenylenediamines (o-;m-;p-;) (UN1673)
Toluene diisocyanate (UN2078)
Toluidines, liquid (UN1708)
Toluidines, solid (UN1708)
14-2. In Column (1), the letter ``A'' would be removed for each of
the following entries:
Other regulated substances, liquid, n.o.s.
Other regulated substances, solid, n.o.s.
14-3. In Column (1), the new symbol ``*'' would be added for each
of the following entries:
Alcoholates solution, n.o.s., in alcohol.
Alcohols, flammable, toxic, n.o.s.
Aldehydes, flammable, toxic, n.o.s.
Alkali metal alcoholates, self-heating, corrosive, n.o.s.
Alkaline earth metal alcoholates, n.o.s.
Alkaloids, liquid, n.o.s. or Alkaloid salts, liquid, n.o.s.
Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous.
Amines, flammable, corrosive, n.o.s. or Polyamines, flammable,
corrosive, n.o.s.
Amines, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid,
corrosive, flammable, n.o.s.
Amines, liquid, corrosive, n.o.s. or Polyamines, liquid, corrosive,
n.o.s.
Amines, solid, corrosive, n.o.s., or Polyamines, solid, corrosive,
n.o.s.
Ammunition, toxic with burster, expelling charge, or propelling charge.
(two entries, UN0020 and UN0021)
Articles, explosive, n.o.s. (all 19 entries)
Caustic alkali liquids, n.o.s.
Chloroformates, toxic, corrosive, flammable, n.o.s.
Chloroformates, toxic, corrosive, n.o.s.
Combustible liquid, n.o.s.
Components, explosive train, n.o.s. (all four entries)
Compounds, cleaning liquid (two entries, NA1760 and NA1993)
Compounds, tree killing, liquid or Compounds, weed killing, liquid
(NA1760)
Compounds, tree killing, liquid or Compounds, weed killing, liquid
(NA1993)
Compressed gas, oxidizing, n.o.s.
Compressed gas, toxic, corrosive, n.o.s. (All hazard zones, four
entries)
Compressed gas, toxic, flammable, corrosive, n.o.s. (All hazard zones,
four entries)
Compressed gas, toxic, oxidizing, corrosive, n.o.s. (All hazard zones,
four entries)
Compressed gas, toxic, oxidizing, n.o.s. (All hazard zones, four
entries)
Compressed gases, flammable, n.o.s.
Compressed gases, n.o.s.
Compressed gases, toxic, flammable, n.o.s. (All hazard zones, four
entries)
Compressed gases, toxic, n.o.s. (All hazard zones, four entries)
Corrosive, liquid, acidic, inorganic, n.o.s.
Corrosive, liquid, acidic, organic, n.o.s.
Corrosive, liquid, basic, inorganic, n.o.s.
Corrosive, liquid, basic, organic, n.o.s.
Corrosive liquid, self-heating, n.o.s.
Corrosive liquids, flammable, n.o.s.
Corrosive liquids, n.o.s.
Corrosive liquids, oxidizing, n.o.s.
Corrosive liquids, toxic, n.o.s.
Corrosive liquids, water-reactive, n.o.s.
Corrosive, solid, acidic, inorganic, n.o.s.
Corrosive, solid, acidic, organic, n.o.s.
Corrosive, solid, basic, inorganic, n.o.s.
Corrosive, solid, basic, organic, n.o.s.
Corrosive solids, flammable, n.o.s.
Corrosive solids, n.o.s.
Corrosive solids, oxidizing, n.o.s.
Corrosive solids, self-heating, n.o.s.
Corrosive solids, toxic, n.o.s.
Corrosive solids, water-reactive, n.o.s.
Disinfectant, liquid, corrosive, n.o.s.
Disinfectants, liquid, corrosive n.o.s.
Disinfectants, liquid, toxic, n.o.s.
Disinfectants, solid, toxic, n.o.s.
Dispersant gases, n.o.s.
Dyes, liquid, corrosive, n.o.s. or Dye intermediates, liquid,
corrosive, n.o.s.
Dyes, liquid, toxic, n.o.s. or Dye intermediates, liquid, toxic, n.o.s.
Dyes, solid, corrosive, n.o.s. or Dye intermediates, solid, corrosive,
n.o.s.
Dyes, solid, toxic, n.o.s. or Dye intermediates, solid, toxic, n.o.s.
Environmentally hazardous substances, liquid, n.o.s.
Environmentally hazardous substances, solid, n.o.s.
Flammable liquid, toxic, corrosive, n.o.s.
Flammable liquids, corrosive, n.o.s.
Flammable liquids, n.o.s.
Flammable liquids, toxic, n.o.s.
Flammable solid, corrosive, inorganic, n.o.s.
Flammable solid, inorganic, n.o.s.
Flammable solid, organic, molten, n.o.s.
Flammable solid, toxic, inorganic, n.o.s.
Flammable solids, corrosive, organic, n.o.s.
Flammable solids, organic, n.o.s.
Flammable solids, toxic, organic, n.o.s.
Gas, refrigerated liquid, flammable, n.o.s. (cryogenic liquid).
Gas, refrigerated liquid, n.o.s. (cryogenic liquid).
Gas, refrigerated liquid, oxidizing, n.o.s. (cryogenic liquid).
Hazardous waste, liquid, n.o.s.
Hazardous waste, solid, n.o.s.
Infectious substances, affecting animals only.
Infectious substances, affecting humans only.
Insecticide gases flammable n.o.s.
Insecticide gases, n.o.s.
Insecticide gases, toxic, n.o.s.
Isocyanates, flammable, toxic, n.o.s. or Isocyanate solutions,
flammable, toxic, n.o.s. flashpoint less than 23 degrees C.
Isocyanates, toxic, flammable, n.o.s. or Isocyanate solutions, toxic,
flammable, n.o.s., flash point not less than 23 degrees C but not more
than 61 degrees C and boiling point less than 300 degrees C.
Isocyanates, toxic, n.o.s. or Isocyanate solutions, toxic, n.o.s.,
flash point more than 61 degrees C and boiling point less than 300
degrees C.
Ketones, liquid, n.o.s.
Liquefied gas, flammable, n.o.s.
Liquefied gas, n.o.s.
Liquefied gas, oxidizing, n.o.s.
Liquefied gas, toxic, corrosive, n.o.s. (All hazard zones)
Liquefied gas, toxic, flammable, corrosive, n.o.s. (All hazard zone
entries)
Liquefied gas, toxic, flammable, n.o.s. (All hazard zone entries)
Liquefied gas, toxic, n.o.s. (All hazard zone entries)
Liquefied gas, toxic, oxidizing, corrosive, n.o.s. (All hazard zone
entries)
Liquefied gas, toxic, oxidizing, n.o.s. (All hazard zone entries)
Metal salts of organic compounds, flammable, n.o.s.
Metallic substance, water-reactive, n.o.s.
Metallic substance, water-reactive, self-heating, n.o.s.
Nitriles, flammable, toxic, n.o.s.
Nitriles, toxic, flammable, n.o.s.
Nitriles, toxic, n.o.s.
Organic peroxide type B, liquid
Organic peroxide type B, liquid, temperature controlled
Organic peroxide type B, solid
Organic peroxide type B, solid, temperature controlled
Organic peroxide type C, liquid
Organic peroxide type C, liquid, temperature controlled
Organic peroxide type C, solid
Organic peroxide type C, solid, temperature controlled
[[Page 44331]]
Organic peroxide type D, liquid
Organic peroxide type D, liquid, temperature controlled
Organic peroxide type D, solid
Organic peroxide type D, solid, temperature controlled
Organic peroxide type E, liquid
Organic peroxide type E, liquid, temperature controlled
Organic peroxide type E, solid
Organic peroxide type E, solid, temperature controlled
Organic peroxide type F, liquid
Organic peroxide type F, liquid, temperature controlled
Organic peroxide type F, solid
Organic peroxide type F, solid, temperature controlled
Organometallic compound or Compound solution or Compound dispersion,
water-reactive, flammable, n.o.s.
Organometallic compound, toxic, n.o.s.
Oxidizing liquid, corrosive, n.o.s.
Oxidizing liquid, n.o.s.
Oxidizing liquid, toxic, n.o.s.
Oxidizing solid, corrosive, n.o.s.
Oxidizing solid, flammable, n.o.s.
Oxidizing solid, n.o.s.
Oxidizing solid, self-heating, n.o.s.
Oxidizing solid, toxic, n.o.s.
Oxidizing solid, water-reactive, n.o.s.
Pesticides, liquid, flammable, toxic, flashpoint less than 23 degrees
C.
Pesticides, liquid, toxic, flammable, n.o.s. flashpoint not less than
23 degrees C.
Pesticides, liquid, toxic, n.o.s.
Pesticides, solid, toxic, n.o.s.
Pyrophoric liquid, inorganic, n.o.s.
Pyrophoric liquids, organic, n.o.s.
Pyrophoric metals, n.o.s. or Pyrophoric alloys, n.o.s.
Pyrophoric organometallic compound, n.o.s.
Pyrophoric solid, inorganic, n.o.s.
Pyrophoric solids, organic, n.o.s.
Refrigerant gases, n.o.s.
Samples, explosive, other than initiating explosives
Self-heating liquid, corrosive, inorganic, n.o.s.
Self-heating liquid, corrosive, organic, n.o.s.
Self-heating liquid, inorganic, n.o.s.
Self-heating liquid, organic, n.o.s.
Self-heating liquid, toxic, inorganic, n.o.s.
Self-heating liquid, toxic, organic, n.o.s.
Self-heating solid, corrosive, inorganic, n.o.s.
Self-heating solid, corrosive, organic, n.o.s.
Self-heating solid, inorganic, n.o.s.
Self-heating solid, organic, n.o.s.
Self-heating solid, oxidizing, n.o.s.
Self-heating solid, toxic, inorganic, n.o.s.
Self-heating solid, toxic, organic, n.o.s.
Self-reactive liquid type B
Self-reactive liquid type B, temperature controlled
Self-reactive liquid type C
Self-reactive liquid type C, temperature controlled
Self-reactive liquid type D
Self-reactive liquid type D, temperature controlled
Self-reactive liquid type E
Self-reactive liquid type E, temperature controlled
Self-reactive liquid type F
Self-reactive liquid type F, temperature controlled
Self-reactive solid type B
Self-reactive solid type B, temperature controlled
Self-reactive solid type C
Self-reactive solid type C, temperature controlled
Self-reactive solid type D
Self-reactive solid type D, temperature controlled
Self-reactive solid type E
Self-reactive solid type E, temperature controlled
Self-reactive solid type F
Self-reactive solid type F, temperature controlled
Solids containing corrosive liquid, n.o.s.
Solids containing flammable liquid, n.o.s.
Solids containing toxic liquid, n.o.s.
Substances, explosive, n.o.s. (all 13 entries)
Substances, explosive, very insensitive, n.o.s., or Substances, EVI,
n.o.s.
Tear gas substances, liquid, n.o.s.
Tear gas substances, solid, n.o.s.
Toxic liquid, corrosive, inorganic, n.o.s. (all three entries)
Toxic liquid, inorganic, n.o.s. (all three entries)
Toxic liquids, corrosive, organic, n.o.s. (all three entries)
Toxic liquids, flammable, organic n.o.s. (all three entries)
Toxic liquids, organic, n.o.s. (all three entries)
Toxic liquids, oxidizing, n.o.s. (all three entries)
Toxic liquids, water-reactive, n.o.s. (all three entries)
Toxic solid, corrosive, inorganic, n.o.s.
Toxic solid, inorganic, n.o.s.
Toxic solids, corrosive, organic, n.o.s.
Toxic solids, flammable, organic, n.o.s.
Toxic solids, organic, n.o.s.
Toxic solids, oxidizing, n.o.s.
Toxic solids, self-heating, n.o.s.
Toxic solids, water-reactive, n.o.s.
Water-reactive, liquid, corrosive, n.o.s.
Water-reactive, liquid, n.o.s.
Water-reactive, liquid, toxic, n.o.s.
Water-reactive, solid, corrosive, n.o.s.
Water-reactive, solid, flammable, n.o.s.
Water-reactive, solid, n.o.s.
Water-reactive, solid, oxidizing, n.o.s.
Water-reactive, solid, self-heating, n.o.s.
Water-reactive, solid, toxic, n.o.s.
14-4. In Column 2, the following hazardous materials descriptions
and proper shipping names would be revised as follows:
------------------------------------------------------------------------
Current column 2 entry Revise to read:
------------------------------------------------------------------------
Air bag inflators or Air bag modules or Air bag inflators pyrotechnic
Seat-belt pretensioners. or Air bag modules pyrotechnic
or Seat-belt pretensioners
pyrotechnic.
Acetic acid solution, with more than 10 Acetic acid solution, not less
percent but not more than 80 percent than 50 percent but not more
acid, by mass. (UN2790) (PG II). than 80 percent acid, by mass.
(PG II entry)
Automobile, motorcycle, tractor, or Automobile, motorcycle,
other self-propelled vehicle, engine, tractor, other self-propelled
or other mechanical apparatus, see vehicle, engine, or other
Engines or Battery etc. mechanical apparatus, see
Vehicles or Battery etc.
Charges, shaped, commercial, without Charges, shaped, without
detonator. (UN0059). detonator. (UN0059)
Charges, shaped, commercial, without Charges, shaped, without
detonator. (UN0439). detonator. (UN0439)
Charges, shaped, commercial, without Charges, shaped, without
detonator. (UN0440). detonator. (UN0440)
Charges, shaped, commercial, without Charges, shaped, without
detonator. (UN0441). detonator. (UN0441)
Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,
flammable, toxic. (UN2772 both liquid, flammable, toxic.
entries).
Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,
toxic. (UN3006, all 3 entries). liquid, toxic.
Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,
toxic, flammable, flashpoint not less liquid, toxic, flammable,
than 23 degrees C. (UN3005, all 3 flashpoint not less than 23
entries). degrees C.
Dithiocarbamate pesticides, solid, Thiocarbamate pesticide, solid,
toxic. (UN2771, all 3 entries). toxic.
Elevated temperature liquid, n.o.s., at Elevated temperature liquid,
or above 100 C and below its flash n.o.s., at or above 100 C and
point. (UN3257). below its flash point
(including molten metals,
molten salts, etc.).
[[Page 44332]]
Octyl aldehydes, flammable............. Octyl aldehydes.
------------------------------------------------------------------------
14-5. For the following entries, Column (6) would be revised as
follows:
------------------------------------------------------------------------
Column (6)
Column (2) entry entry Revise to read:
------------------------------------------------------------------------
Aluminum alkyl halides.............. 4.2 4.2, 4.3.
Aluminum alkyl hydrides............. 4.2 4.2, 4.3.
Aluminum alkyls..................... 4.2 4.2, 4.3.
Diethylzinc......................... 4.2 4.2, 4.3.
Dimethylzinc........................ 4.2 4.2, 4.3.
Magnesium alkyls.................... 4.2 4.2, 4.3.
Nitric Acid other than red fuming, 8 8, 5.1.
with more than 70 percent nitric
acid. (UN2031, PG I only).
Sodium nitrite...................... 5.1 6.1.
------------------------------------------------------------------------
14-6. For the following entries, Column (7) would be revised as
follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column (2) entry Column (7) entry Revise to read:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ammonium nitrate fertilizers: uniform non- .............................................................. 132.
segregating mixtures of nitrogen/
phosphate or nitrogen/potash types or
complete fertilizers of nitrogen/
phosphate/potash type, with not more
than 70 percent ammonium nitrate and not
more than 0.4 percent total (UN2071).
Battery, dry, not subject to the .............................................................. 130.
requirements of this subchapter.
Battery-powered vehicle or Battery- .............................................................. 134.
powered equipment.
Chlorosilanes, corrosive, n.o.s.......... B2, T8, T26................................................... B2, T14, T26.
Chlorosilanes, flammable, corrosive, B100, T18, T26................................................ B100, T17, T26.
n.o.s.
Chlorosilanes, water-reactive, flammable, A2, T24, T26.................................................. A2, T18, T26.
corrosive, n.o.s.
Corrosive liquids, toxic, n.o.s. (PG I) A7, B10, T18, T27............................................. A7, B10, T12, T18, T27.
(UN2922).
Corrosive liquids, toxic, n.o.s. (PG II) B3, T18, T26.................................................. B3, T12, T18, T26.
(UN2922).
Cotton (NA1365).......................... W41........................................................... 137, W41.
Cotton waste, oily....................... N9
Detonator assemblies, non-electric for 104
blasting (UN0500).
Detonators, electric for blasting 104
(UN0456).
Detonators for ammunition (UN0366)....... 104
Detonators, non-electric for blasting 104
(UN0455).
Environmentally hazardous substances, 8, B54........................................................ 8, B54, N20.
solid, n.o.s.
Fibers or Fabrics, animal orvegetable or .............................................................. 137.
synthetic n.o.s. with animal or
vegetable oil.
Hydrogen peroxide, aqueous solutions with 17, A1, B104, T8, T37......................................... A1, B104, T8, T37.
not less than 8 percent but less than 20
percent hydrogen peroxide (stabilized as
necessary). (UN2984).
Lead, compounds, soluble n.o.s........... .............................................................. 138.
Organic pigments, self-heating (PG III).. B101
Organometallic compound or Compound .............................................................. T28.
solution or Compound dispersion, water-
reactive, flammable, n.o.s. (PG1).
Organometallic compound or Compound .............................................................. T28.
solution or Compound dispersion, water-
reactive, flammable, n.o.s. (PG II).
Organometallic compound or Compound B101, B106.................................................... T28.
solution or Compound dispersion, water-
reactive, flammable, n.o.s. (PG III).
Polyester resin kit...................... 121........................................................... 40.
Sodium azide............................. B28
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-7. In Column (8B), for the entry, ``Chloropicrin'', the
reference ``227'' would be removed and ``193'' would be added in its
place.
14-8. For the entry, ``Plastic molding compound in dough, sheet or
extruded rope form evolving flammable vapor.'' (UN3314), the following
changes would be made:
a. In Column (8B), the reference ``213'' would be removed and
``221'' would be added in its place.
b. In Column (8C), the reference ``None'' would be removed and
``221'' would be added in its place.
14-9. In Column (8C), for the entry, ``Polymeric beads, expandable,
evolving flammable vapor.'', the reference ``240'' would be removed and
``221'' would be added in its place.
14-10. In Column (9A), the following changes would be made:
a. For the entry, ``Acetonitrile'', the quantity limit ``1L'' would
be removed and ``5 L'' would be added in its place.
b. For the entry ``Alkaline earth metal alcoholates, n.o.s.'', for
Packing Group III, the quantity limit ``15 kg'' would be removed and
``25 kg'' would be added in its place.
c. For the entries ``Batteries, wet, filled with acid, electric
storage.'' and ``Batteries, wet, filled with alkali, electric
storage.'', the quantity limit ``25 kg gross'' would be removed and
``30 kg gross'' would be added each place it appears.
d. For the entry ``Refrigerating machines, containing non-
flammable, non-toxic, liquefied gas or ammonia solutions (UN2672)'',
UN2857, the word ``Forbidden'' would be removed and ``450 kg gross''
would be added in its place.
[[Page 44333]]
14-11. For the entries ``Sulfur'', NA1350 and ``Sulfur'', UN1350,
the following changes would be made:
a. In Column (9A), the quantity limit ``25 kg'' would be removed
and ``No limit'' would be added each place it appears.
b. In Column (9B), the quantity limit ``100 kg'' would be removed
and ``No limit'' would be added each place it appears.
14-12. In Column 9(a), the following changes would be made:
a. For the entry, ``Isobutyl isocyanate'', the quantity limit ``1
L'' would be removed and ``Forbidden'' would be added in its place.
b. For the entry ``Refrigerating machines containing non-flammable,
non-toxic, liquefied gas or ammonia solutions (UN2073).'' (UN2857), in
Column 9(A), the word ``Forbidden'' would be removed and ``450 kg
gross'' would be added in its place.
14-13. In Column (9B), the following changes would be made:
a. For the entry, ``Aerosols, flammable, n.o.s.'' (engine starting
fluid) (each not exceeding 1 L capacity)., the word ``Forbidden'' would
be removed and ``150 kg'' would be added in its place.
b. For the entries, ``Articles, explosive, n.o.s.'', UN0351;
``Articles, explosive, n.o.s.'', UN0352; and ``Articles, explosive,
n.o.s.'', UN0353, the word ``Forbidden'' would be removed and ``75 kg''
would be added each place it appears.
c. For the entry, ``Bromine or Bromine solutions'', the quantity
limit ``2.5 L would be removed and ``Forbidden'' would be added in its
place.
d. For the entry, ``Oxygen generator, chemical'', the quantity
limit ``25 kg'' would be removed and ``25 kg gross'' would be added in
its place.
14-14. In Column (10A), the following changes would be made:
a. For the entry, ``Dichlorophenyl isocyanates'', the stowage
requirement ``A'' would be removed and ``B'' would be added in its
place.
b. For the entry, ``Hexamethylene diisocyanate'', the stowage
requirement ``B'' would be removed and ``C'' would be added in its
place.
c. For the entry, ``Isocyanates, toxic, flammable, n.o.s. or
Isocyanate solutions, toxic, flammable, n.o.s. flash point not less
than 23 degrees C but not more than 61 degrees C and boiling point less
than 300 degrees C.'', the stowage requirement ``D'' would be removed
and ``B'' would be added in its place.
d. For the entry, ``Isocyanatobenzotrifluorides'', the stowage
requirement ``B'' would be removed and ``D'' would be added in its
place.
e. For the entry, ``Water-reactive solid, flammable, n.o.s., for
Packing Group I,, the stowage requirement ``E'' would be removed and
``D'' would be added in its place.
f. For the entry, ``Isocyanates, toxic, n.o.s. or Isocyanate,
solutions, toxic, n.o.s., flash point more than 61 degrees C and
boiling point less than 300 degrees C.'', the stowage requirement ``D''
would be removed and ``E'' would be added in its place.
15. In Appendix B to Sec. 172.101, the List of Marine Pollutants
would be amended by removing eleven entries and adding sixteen entries
in appropriate alphabetical order to read as follows:
Appendix B to Sec. 172.101--List of Marine Pollutants
* * * * *
S.M.P Marine pollutant
(1) (2)
------------------------------------------------------------------------
[REMOVE:]
Alkyl (C10-C21) sulphonic acid
ester of phenol.
ortho-Anisidines.
Barium compounds, soluble, n.o.s.
Di-normal-butyl ketone.
Diphenyl oxide.
Isopropenyl chloride.
Isopropyl chloride.
3-Methylpyradine.
Sym-Dichloroethyl ether.
Tetrachlorovinphos.
[ADD:]
* * * *
* * *
Alkylbenzenesulphonates, branched
and straight chain.
* * * *
* * *
PP............................... Chlorinated paraffins (C14-C17),
with more than 1% shorter chain
length.
* * * *
* * *
1-Chloro-2,3-Epoxypropane.
* * * *
* * *
PP............................... Copper sulphate, anhydrous,
hydrates.
* * * *
* * *
Dichlorodimethyl ether,
symmetrical.
* * * *
* * *
Isobutyl aldehyde.
* * * *
* * *
Isobutyraldehyde.
* * * *
* * *
Maneb.
[[Page 44334]]
* * * *
* * *
Maneb preparation, stabilized
against self-heating.
* * * *
* * *
PP............................... N,N-Dimethyldodecylamine.
* * * *
* * *
Nitrotoluenes (ortho-; meta-;
para-), solid.
* * * *
* * *
Normal-heptaldehyde.
* * * *
* * *
Potassium cyanide, solution.
* * * *
* * *
Sodium cyanide, solution.
* * * *
* * *
Triphenyl phosphate/tert-
butylated triphenyl phosphates
mixtures containing 5% to 10%
triphenyl phosphates.
PP............................... Triphenyl phosphate/tert-
butylated triphenyl phosphates
mixtures containing 10% to 48%
triphenyl phosphates.
* * * *
* * *
------------------------------------------------------------------------
Sec. 172.101, Appendix B [Amended]
16. In addition, in Appendix B to Sec. 172.101, the List of Marine
Pollutants, the following changes would be made:
a. In column (1), the designation ``PP'' would be added for the
following entries:
``Azinphos-methyl.''
``Cupric chloride.''
``Cuprous chloride.''
``Furathiocarb (ISO).''
``Osmium tetroxide.''
``Triphenylphosphate.''
b. In column (1), the designation ``PP'' would be removed for the
entry ``Silver orthoarsenite''.
c. In column (2), the following entries would be revised to read as
follows in appropriate alphabetical order:
``Alcohol C-12--C-15 poly(1-3) ethoxylate'' would be revised to
read ``Alcohol C-12--C-16 poly(1-6) ethoxylate''.
``Alkylphenols, liquid, n.o.s. (including C2-C8 homologues)'' would
be revised to read ``Alkylphenols, liquid, n.o.s. (including C2-C12
homologues)''.
``Alkylphenols, solid, n.o.s. (including C2-C8 homologues)'' would
be revised to read ``Alkylphenols, solid, n.o.s. (including C-2--C-12
homologues)''.
``2-Butenal, inhibited'' would be revised to read ``2-Butenal,
stabilized''.
``Chlorodinitrobenzenes'' would be revised to read
``Chlorodinitrobenzenes, liquid or solid''.
``Chlorophenates, liquid'' would be revised to read
``Chlorophenolates, liquid''.
``Chlorophenates, solid'' would be revised to read
``Chlorophenolates, solid''.
``Chlorotoluenes'' would be revised to read ``Chlorotoluenes
(ortho-,meta-,para-)''.
``Crotonaldehyde, inhibited'' would be revised to read
``Crotonaldehyde, stabilized''.
``Crotonic aldehyde'' would be revised to read ``Crotonic aldehyde,
stabilized''.
``Decyloxytetrahydrothiophene dioxide'' would be revised to read
``Decycloxytetrahydrothiophene dioxide''.
``Dichloroethyl ether'' would be revised to read ``Di-(2-
chloroethyl) ether''.
``Dodecylamine'' would be revised to read ``1-Dodecylamine''.
``Hydrocyanic acid, anhydrous, stabilized'' would be revised to
read ``Hydrocyanic acid, anhydrous, stabilized, containing less than 3%
water''.
``Hydrocyanic acid, anhydrous, stabilized, absorbed in a porous
material'' would be revised to read ``Hydrocyanic acid, anhydrous,
stabilized, containing less than 3% water and absorbed in a porous
material''.
``Isobutybenzene'' would be revised to read ``Isobutylbenzene''.
``Maneb or Maneb preparations with not less than 60 per cent
maneb'' would be revised to read ``Maneb preparations with not less
than 60% maneb''.
``Mercarbam'' would be revised to read ``Mecarbam''.
``Mercurous bisuphate'' would be revised to read ``Mercurous
bisulphate''.
``Mercury based pesticides, liquid, flammable, toxic, n.o.s.''
would be revised to read ``Mercury based pesticide, liquid, flammable,
toxic''.
``Mercury based pesticides, liquid, toxic, flammable, n.o.s.''
would be revised to read ``Mercury based pesticide, liquid, toxic,
flammable''.
``Mercury based pesticides, liquid, toxic, n.o.s.'' would be
revised to read ``Mercury based pesticide, liquid, toxic''.
``Mercury based pesticides, solid, toxic, n.o.s.'' would be revised
to read ``Mercury based pesticide, solid, toxic''.
``3-Methylacroleine, inhibited'' would be revised to read ``3-
Methylacrolein, stabilized''.
``Nitrobenzotrifluorides'' would be revised to read
``Nitrobenzotrifluorides, liquid or solid''.
``Nitrotolueuenes (o-;m:-p-) would be revised to read
``Nitrotoluenes (ortho-;meta-;para-), liquid''.
``Nitroxyluenes (o-;m-;p-)'' would be revised to read
``Nitroxylenes, liquid or solid''.
``Potassium cyanide'' would be revised to read ``Potassium cyanide,
solid''.
``Potassium cyanocuprate I'' would be revised to read ``Potassium
cyanocuprate (I)''.
``Sodium cyanide'' would be revised to read ``Sodium cyanide,
solid''.
``Tetrachloroethane'' would be revised to read ``1,1,2,2-
Tetrachloroethane''.
[[Page 44335]]
``Tetramethylbenzenes'' would be revised to read ``n-
Tetramethylbenzenes''.
``Tricresyl phosphate (not less than 1% ortho-isomer)'' would be
revised to read ``Tricresyl phosphate, not less than 1% ortho-isomer
but not more than 3% orthoisomer''.
``White phosphorus, molten'' would be revised to read ``Phosphorus,
white, molten''.
``Yellow phosphorus, molten'' would be revised to read
``Phosphorus, yellow, molten''.
17. In Sec. 172.102, in paragraph (c)(1), Special Provision 43
would be amended by adding a sentence at the end, Special Provisions
129, 130, 131, 132, 133, 134, 135, 136, 137 and 138 would be added; in
paragraph (c)(2), Special Provision A35 would be added; and in
paragraph (c)(3), Special Provision B101 would be revised to read as
follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
43. * * * Nitrocellulose membrane filters covered by this entry,
each with a mass not exceeding 0.5 g, are not subject to the
requirements of this subchapter when contained individually in an
article or a sealed packet.
* * * * *
129. These materials must not be classified and transported
unless authorized by the Associate Administrator for Hazardous
Materials Safety on the basis of results from Series 2 Test and a
Series 6(c) Test from the UN Manual of Tests and Criteria on
packages as prepared for transport. The packing group assignment and
packaging must be approved by the Associate Administrator for
Hazardous Materials Safety on the basis of the criteria in
Sec. 173.21 of this subchapter and the package type used for the
Series 6(c) test .
130. Batteries, dry are not subject to the requirements of this
subchapter only when they are offered for transportation in a manner
that prevents short-circuits (for example, by the effective
insulation of exposed terminals) or the dangerous evolution of heat.
131. This material may not be offered for transportation unless
approved by the Associate Administrator for Hazardous Materials
Safety.
132. Ammonium nitrate fertilizers of this composition are not
subject to the requirements of this subchapter if shown by a trough
test (see United Nations Recommendations on the Transport of
Dangerous Goods, Manual Tests and Criteria, Part III, sub-section
38.2) not to be liable to self-sustaining decomposition and provided
that they do not contain an excess of nitrate greater than 10% by
mass (calculated as potassium nitrate).
133. This description applies to articles which are used as
life-saving vehicle air bag inflators or air bag modules or seat-
belt pretensioners, containing a gas or a mixture of compressed
gases classified under Division 2.1 or Division 2.2, and with or
without small quantities of pyrotechnic material. For units with
pyrotechnic material, initiated explosive effects shall be contained
within the pressure vessel such that the unit may be excluded from
Class 1 in accordance with paragraph 1.11(b), in conjunction with
paragraph 16.6.1.4.7(a)(ii) of the UN Manual of tests and Criteria,
Part 1. In addition, units must be designed or packaged for
transport so that when engulfed in a fire there will be no
fragmentation of the pressure vessel or projection hazard. This may
be determined by analysis or test. The pressure vessel must be in
compliance with the requirements for the gas(es) contained in the
pressure vessel.
134. This entry only applies to vehicles, machinery and
equipment which are powered by wet batteries or sodium batteries and
which are transported with these batteries installed. Examples of
such items are electrically-powered cars, lawn mowers, wheelchairs
and other mobility aids. Self-propelled vehicles which also contain
an internal combustion engine must be consigned under the entry
``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid
powered'', as appropriate.
135. The entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered'', as appropriate, must be used
when internal combustion engines are installed in a vehicle.
136. This entry only applies to machinery and apparatus
containing hazardous materials as an integral element of the
machinery or apparatus. It may not be used to describe machinery or
apparatus for which a proper shipping name exists in the
Sec. 172.101 Table. Machinery or apparatus may only contain
hazardous materials for which exceptions are referenced in Column 8
of the Sec. 172.101 Table and are provided in Part 173, Subpart D,
of this subchapter. When transported by aircraft, the machinery or
apparatus must be labeled according to each of the hazardous
materials contained in the machinery or apparatus. This includes the
primary hazard label and any applicable subsidiary risk labels,
except that a subsidiary risk label is not required for any
subsidiary hazard already indicated by the primary or subsidiary
hazard label applied for another substance in the machinery or
apparatus. Hazardous materials shipped under this entry are excepted
from the labeling requirements of this subchapter unless offered for
transportation or transported by air. Orientation markings as
prescribed in Sec. 172.312, are required only when necessary to
ensure that liquid hazardous materials remain in their intended
orientation. The machinery or apparatus or the packagings in which
they are contained shall be marked ``Dangerous goods in machinery''
or ``Dangerous goods in apparatus'', as appropriate, and with the
appropriate identification number. For transportation by aircraft,
machinery or apparatus may not contain any material forbidden for
transportation by passenger aircraft. Hazardous materials in
machinery or apparatus are not subject to the placarding
requirements of subpart F of this part. The Associate Administrator
for Hazardous Materials Safety may except from the requirements of
this subchapter equipment, machinery and apparatus provided:
a. It is shown that it does not pose a significant risk in
transportation;
b. The quantities of hazardous materials do not exceed those
specified in Sec. 173.4 of this subchapter for the applicable
class(es) of hazardous materials contained; and
c. The equipment, machinery or apparatus conforms with
Sec. 173.221 of this subchapter.
137. Cotton, dry is not subject to the requirements of this
subchapter when it is baled in accordance with ISO 8115, ``Cotton
Bales--Dimensions and Density'' to a density of at least 360 kg/m
\3\ (22.4lb/ft \3\) and it is transported in a freight container or
closed transport vehicle.
138. Lead compounds which, when mixed in a ratio of 1:1000 with
0.07 hydrochloric acid and stirred for one hour at a temperature of
23 deg.C 2 deg.C, exhibit a solubility of 5% or less are
considered insoluble.
(2) * * *
Code/Special Provisions
* * * * *
A35. This includes any material which is not covered by any of
the other classes but which has an anesthetic, narcotic, noxious or
other similar properties such that, in the event of spillage or
leakage on an aircraft, extreme annoyance or discomfort could be
caused to crew members so as to prevent the correct performance of
assigned duties.
* * * * *
(3) * * *
Code/Special Provisions
* * * * *
B101. When intermediate bulk containers are used, only those
constructed of metal are authorized.
* * * * *
Sec. 172.102 [Amended]
18. In addition, in Sec. 172.102, the following changes would be
made:
a. In paragraph (c)(1), Special Provision 17 would be removed.
b. In paragraph (c)(1), Special Provision 20 would be removed.
c. In paragraph (c)(1), Special Provision 104 would be removed.
d. In paragraph (c)(1), under Special Provision 125, in the fourth
sentence, the wording ``at least 90%'' would be removed and ``at least
98%'' would be added in its place; and in the last sentence, the
wording ``less than 98%'' would be removed and ``less than 90%'' would
be added in its place.
e. In paragraph (c)(5), Special Provision N9 would be removed.
Sec. 172.203 [Amended]
19. In Sec. 172.203, the following changes are made:
a. In paragraph (k) introductory text, in the first sentence, the
words ``listed in paragraph (k)(3) of this section''
[[Page 44336]]
would be removed and ``identified by an asterisk (*) in Column (1) of
the Sec. 172.101 Table'' would be added in its place.
b. In addition, paragraph (k)(3) would be removed and paragraph (k)
(4) would be redesignated as paragraph (k)(3).
Sec. 172.400 [Amended]
20. In Sec. 172.400, in the table in paragraph (b), as amended at
62 FR 39405, effective October 1, 1998, the following changes would be
made:
a. The entry ``6.1 (PG I or II, other than Zone A or B inhalation
hazard)'' would be removed and ``6.1 (PG I or II, other than Zone A or
B inhalation hazard, or PG III)'' would be added in its place.
b. The entry ``6.1 (PG III)'' would be removed.
Sec. 172.400a [Amended]
21. In Sec. 172.400a, paragraph (d) would be removed.
22. In Sec. 172.405, a new paragraph (c) would be added to read as
follows:
Sec. 172.405 Authorized label modifications.
* * * * *
(c) For a package containing a Division 6.1 Packing Group III
material, the POISON label specified in Sec. 172.430 may be modified to
display the text ``PG III'' below the mid-line of the label, instead of
``TOXIC'' (``POISON'').
23. In Sec. 172.407, paragraph (c)(4) would be revised to read as
follows:
Sec. 172.407 Label specifications.
* * * * *
(c) * * *
(4) When text indicating a hazard is displayed on a label, the
label name must be shown in letters measuring at least 7.6 mm (0.3
inches) in height. For SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET
labels, the words ``Spontaneously'' and ``When Wet'' must be shown in
letters measuring at least 5.1 mm (0.2 inches) in height.
* * * * *
Sec. 172.431 [Removed and reserved]
24. Section 172.431 would be removed and reserved.
25. In Sec. 172.504, paragraph (f)(10) would be revised to read as
follows:
Sec. 172.504 General placarding requirements.
* * * * *
(f) * * *
(10) For Division 6.1, PG III materials, a POISON placard may be
modified to display the text ``PG III'' below the mid-line of the
placard.
* * * * *
Sec. 172.504 [Amended]
26. In Sec. 172.504, as amended at 62 FR 39407, effective October
1, 1998, the following changes would be made:
a. In paragraph (e), in Table 2, the entry ``6.1 (PG I or II, other
than Zone A or B inhalation hazard)'' would be removed and ``6.1 (PG I
or II, other than Zone A or B inhalation hazard, or PG III)'' would be
added in its place.
b. In paragraph (e), the entry ``6.1 (PG III) would be removed.
Sec. 172.553 [Removed and reserved]
27. Section 172.553 would be removed and reserved.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
28. The authority citation for part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.
Sec. 173.1 [Amended]
29. In Sec. 173.1, in paragraph (d), in the first sentence, the
wording ``Recommendations of the United Nations Committee of Experts on
the Transport of Dangerous Goods'' would be removed and ``UN
Recommendations'' would be added in its place.
Sec. 173.2a [Amended]
30. In the Sec. 173.2a, paragraph (b), Precedence of Hazard Table,
in column 13, under the column heading ``8, II liquid'', the following
changes would be made:
a. For the entry, ``4.3 II'', the numeral ``8'' would be removed
and ``4.3'' would be added in its place.
b. For the entry, ``5.1 II'', the numeral ``8'' would be removed
and ``5.1'' would be added in its place.
31. In Sec. 173.25, paragraph (b) would be revised to read as
follows:
Sec. 173.25 Authorized packagings and overpacks.
* * * * *
(b) Shrink-wrapped or stretch-wrapped trays may be used as outer
packagings for inner packagings prepared in accordance with the limited
quantity provisions or consumer commodity provisions of this
subchapter, provided that--
(1) Inner packagings are not fragile, liable to break or be easily
punctured, such as those made of glass, porcelain, stoneware or certain
plastics; and
(2) Each complete package does not exceed 20 kg (44 lbs) gross
weight.
* * * * *
32. In Sec. 173.28, paragraph (c)(2) would be revised and a new
paragraph (c)(5) would be added to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(c) * * *
(2) For the purpose of this subchapter, reconditioning of a non-
bulk packaging other than a metal drum includes:
(i) Removing all former contents, coatings and labels so that only
the original materials of construction remain;
(ii) Replacing all non-integral packaging components including
gaskets, closure devices and cushioning and cushioning material;
(iii) Inspecting after cleaning and rejecting packagings with
visible damage such as tears, creases or cracks, or damaged threads or
closures, or other significant defects; and
(iv) Ensuring that the packagings are restored to a condition that
conforms in all respects with the prescribed requirements of this
subchapter.
* * * * *
(5) Packagings which have significant defects which cannot be
repaired may not be reused.
* * * * *
33. In Sec. 173.29, paragraph (b)(2)(iv)(B), would be revised to
read as follows:
Sec. 173.29 Empty packagings.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(B) A Division 2.2 non-flammable gas, other than ammonia,
anhydrous, and with no subsidary hazard, at an absolute pressure less
than 280 kPa (40.6 psia); at 20 deg.C (68 deg.F); and
* * * * *
34. In Sec. 173.32b, in paragraph (b)(1), a new sentence would be
added at the end of the paragraph to read as follows:
Sec. 173.32b Periodic testing and inspection of Specification IM
portable tanks.
* * * * *
(b) * * *
(1) * * * The two and one-half year internal inspection may be
waived for portable tanks dedicated to the transportation of a single
hazardous material if it is leak tested prior to each filling.
* * * * *
Sec. 173.32b [Amended]
35. In addition, in paragraph (b)(1) and (b)(2), the semicolon at
the end of the first sentence would be removed and a period added in
its place.
[[Page 44337]]
36. In Sec. 173.32c, paragraph (j) would be revised to read as
follows:
Sec. 173.32c Use of Specification IM portable tanks.
* * * * *
(j) An IM portable tank may not be loaded with a liquid having a
viscosity less than 2,680mm \2\/s at 20 deg. C or a non-
monolithic solid to a filling density of more than 20%, but less than
80%. If a portable tank is divided by partitions or surge plates into
compartments of not more than 7,500 liters (1,980 gallons) capacity,
this filling restriction does not apply.
* * * * *
37. In Sec. 173.35, the section heading and paragraph (b) would be
revised to read as follows:
Sec. 173.35 Hazardous materials in intermediate bulk containers
(IBCs).
* * * * *
(b) Initial use and reuse of IBCs. An IBC other than a multiwall
paper IBC (13M1 and 13M2) may be reused. If an inner liner is required,
the inner liner must be replaced before each reuse. Before an IBC is
filled and offered for transportation, the IBC and its service
equipment must be given an external visual inspection, by the person
filling the IBC, to ensure that:
(1) The IBC is free from corrosion, contamination, cracks, cuts, or
other damage which would render it unable to pass the prescribed design
type test to which it is certified and marked; and
(2) The IBC is marked in accordance with requirements in
Sec. 178.703 of this subchapter. Additional marking allowed for each
design type may be present. Required markings that are missing, damaged
or difficult to read must be restored or returned to original
condition.
* * * * *
Sec. 173.56 [Amended]
38. In Sec. 173.56, in paragraphs (b)(2)(i) and (b)(3)(i), the
wording ``(TB 700-2, dated December 1989)'' would be removed and ``(TB
700-2)'' would be added in its place.
Sec. 173.59 [Amended]
39. In Sec. 173.59, for the definitions ``Charges, explosive,
commercial without detonator.'' and ``Charges, shaped commercial,
without detonator.'', the word ``commercial'' would be removed each
place it appears.
40. In Sec. 173.121, paragraph (b)(1)(ii) would be revised to read
as follows:
Sec. 173.121 Class 3--Assignment of packing group.
* * * * *
(b) * * *
(1) * * *
(ii) The mixture does not contain any substances with a primary or
a subsidiary risk of Division 6.1 or Class 8.
* * * * *
Sec. 173.121 [Amended]
41. In addition, in Sec. 173.121, in paragraph (b)(1)(i), the
semicolon at the end of the paragraph would be removed and a period
added in its place; and in paragraph (b)(1)(iii), the wording ``; and''
at the end of the paragraph would be removed and a period added in its
place.
Sec. 173.159 [Amended]
42. In Sec. 173.159, in paragraph (g)(2), in the first sentence,
immediately following the wording ``may be packed in strong'', the
words ``plywood or wooden boxes'' would be removed and the words
``outer packagings'' would be added in their place.
43. Section 173.162 would be revised to read as follows:
Sec. 173.162 Gallium.
(a) Except when packaged in cylinders or steel flasks, gallium must
be packaged in packagings which meet the requirements of part 178 of
this subchapter at the Packing Group I performance level for transport
by aircraft and the Packing Group III performance level for transport
by highway, rail and vessel.
(1) Packagings intended to contain liquids consisting of glass,
earthenware or rigid plastics with a maximum net mass of 10 kg (22
pounds) each. The inner packagings must be packed in wooden boxes (4C1,
4C2, 4D, 4F), fiberboard boxes (4G), plastics boxes (4H1, 4H2), fiber
drums (1G) or removable head steel and plastic drums or jerricans (1A2,
1H2, 3A2 or 3H2) with sufficient cushioning material to prevent
breakage. Either the inner packagings or the outer packagings must have
inner liners or bags of strong leakproof and puncture-resistant
material impervious to the contents and completely surrounding the
contents to prevent it from escaping from the package, irrespective of
its position.
(2) In packagings intended to contain liquids consisting of semi-
rigid plastic inner packagings of not more than 2.5 kg (5.5 pounds) net
capacity each, individually enclosed in a sealed, leak-tight bag of
strong puncture-resistant material. The sealed bags must be packed in
wooden (4C1, 4C2), plywood (4D), reconstituted wood (4F), fiberboard
(4G) or plastic (4H1, 4H2) boxes or in fiber (1G) or steel (1A2) drums,
which are lined with leak-tight, puncture-resistant material. Bags and
liner material must be chemically resistant to gallium.
(3) Cylinders and steel flasks with vaulted bottoms are also
authorized.
(b) When it is necessary to transport gallium at low temperatures
in order to maintain it in a completely solid state, the above
packagings may be overpacked in a strong, water-resistant outer
packaging which contains dry ice or other means of refrigeration. If a
refrigerant is used, all of the above materials used in the packaging
of gallium must be chemically and physically resistant to the
refrigerant and must have impact resistance at the low temperatures of
the refrigerant employed. If dry ice is used, the outer packaging must
permit the release of carbon dioxide gas.
(c) Manufactured articles or apparatuses, each containing not more
than 100 mg (0.0035 ounce) of gallium and packaged so that the quantity
of gallium per package does not exceed 1 g (0.35 ounce) are not subject
to the requirements of this subchapter.
44. In Sec. 173.164, paragraphs (a)(1) through (a)(3) would be
revised and paragraph (a)(4) would be added to read as follows:
Sec. 173.164 Mercury (metallic and articles containing mercury).
(a) * * *
(1) In inner packagings of earthenware, glass or plastic containing
not more than 3.5 kg (7.7 pounds) of mercury, or inner packagings which
are glass ampoules containing not more than 0.5 kg (1.1 pounds) of
mercury, or iron or steel quicksilver flasks containing not more than
35 kg (77 pounds) of mercury. The inner packagings or flasks must be
packed in steel drums (1A2), steel jerricans (3A2), wooden boxes (4C1,
(4C2), plywood boxes (4D), reconstituted wood boxes (4F), fiberboard
boxes (4G), plastic boxes (4H2), plywood drums (1D) or fibre drums
(1G).
(2) Packagings must meet the requirements of part 178 of this
subchapter at the Packing Group I performance level.
(3) When inner packagings of earthenware, glass or plastic are
used, they must be packed in the outer packaging with sufficient
cushioning material to prevent breakage.
(4) Either the inner packagings or the outer packagings must have
inner linings or bags of strong leakproof and puncture-resistant
material impervious to mercury, completely surrounding the contents, so
that the escape of mercury
[[Page 44338]]
will be prevented irrespective of the position of the package.
* * * * *
Sec. 173.164 [Amended]
45. In addition, in Sec. 173.164, in paragraph (c) introductory
text, the wording ``not more than 100 mg (0.0035 ounce)'' would be
removed.
Sec. 173.196 [Amended]
46. In Sec. 173.196, paragraph (a)(1)(iii), in the first sentence,
the wording ``An absorbent material'' would be removed and ``When the
primary receptacle contains liquids, an absorbent material'' would be
added in its place.
47. Section 173.220 would be revised to read as follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles, and
mechanical equipment containing internal combustion engines or wet
batteries.
(a) Applicability. An internal combustion engine, self-propelled
vehicle, or mechanized equipment is subject to the requirements of this
subchapter when transported as cargo on a transport vehicle, vessel or
aircraft, if --
(1) The engine or fuel tank contains a flammable liquid or gaseous
fuel;
(2) It is equipped with a wet electric storage battery; or
(3) It contains other hazardous materials subject to the
requirements of this subchapter.
(b) Flammable liquid fuel. Engines and flammable liquid fuel tanks
are subject to the requirements of this subchapter as follows:
(1) If an engine or flammable liquid fuel tank is not completely
drained or has more than 500 ml (17 ounces) of fuel in engine
components and fuel lines, it is subject to all applicable requirements
of this subchapter.
(2) If an engine or flammable liquid fuel tank is drained and has
no more than 500 ml (17 ounces) of fuel in engine components and fuel
lines, it is subject to this subchapter with certain exceptions listed
in paragraph (g)(2) of this section. For transportation by aircraft,
these exceptions are limited to marking, labeling and an emergency
response telephone number. The shipment is still subject to all other
applicable requirements of this subchapter, such as shipping papers,
emergency response information, notification of pilot-in-command,
general packaging requirements and the requirements specified in
Sec. 173.27.
(3) If an engine or flammable liquid fuel tank (including engine
components and fuel lines) is completely drained and sufficiently
cleaned of residue and purged of vapors to remove any potential hazard,
it is not subject to any other requirements of this subchapter.
(4) Fuel may remain in engine and tanks installed 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 designed or modified for
vehicle ferry operations, the shipment must comply with Sec. 175.305 of
this subchapter.
(c) Flammable gas fuel. Automobiles, motorcycles, tractors, or
other self-propelled vehicles equipped with liquefied petroleum gas or
other compressed gas fuel tanks, provided such tanks are securely
closed, are not subject to any other requirements of this subchapter
for transportation by rail or highway. For transportation by water, see
Secs. 176.905 and 176.78(k) of this subchapter. For transportation by
air, the fuel tank must be removed or emptied and securely closed.
(d) Wet battery powered or installed. Wet batteries must either be
installed, securely fastened in an upright position, and protected
against short circuits and leakage or be removed and packaged
separately under Sec. 173.159. Battery powered vehicles, machinery or
equipment including battery powered wheel chairs are excepted from the
requirements of this subchapter except when transported by air, unless
specifically excepted in Sec. 175.10 of this subchapter, or when they
contain other hazardous materials not excepted in this section.
(e) Truck bodies or trailers on flat cars--(1) Flammable liquid
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 and are of a type which has been examined by a person
approved by the Associate Administrator for Hazardous Materials Safety.
(2) Flammable gas powered. Except as specified in Sec. 173.21,
truck bodies or trailers with automatic heating or refrigerating
equipment of the gas burning type may be shipped with tanks containing
fuel and equipment operating or not operating, when used for the
transportation of other freight and loaded on flat cars as part of a
joint rail-highway movement. The heating or refrigerating equipment is
considered to be a part of the truck body or trailer and is not subject
to any other requirements of this subchapter.
(f) Other hazardous materials. The provisions of this subchapter do
not apply to items of equipment such as fire extinguishers, airbag
inflators or modules, seat-belt pretensioners, other life saving
appliances or safety devices and the like which are securely installed
in the motor 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. All other hazardous materials not excepted in
this section must be packaged and transported in accordance with this
subchapter.
(g) Exceptions. Except as provided in paragraph (f) 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, label and placarding, respectively) of part 172 of this
subchapter or Sec. 172.604 of this subchapter (emergency response
telephone number) of this subchapter for transportation by vessel or
aircraft.
48. Section 173.221 would be revised to read as follows:
Sec. 173.221 Polymeric beads, expandable and Plastic molding compound.
(a) Non-bulk shipments of polymeric beads or granules, expandable,
impregnated with flammable gas or liquid as a blowing agent and plastic
molding compound in dough, sheet or extruded rope form must be packed
in: wooden (4C1 or 4C2), plywood (4D), fiberboard (4G), reconstituted
wood (4F) boxes, plywood drums (1D) or fiber drums (1G) with sealed
inner plastic liners; or, in vapor tight metal or plastic drums (1A1,
1A2, 1B1, 1B2, 1H1 or 1H2). The packagings need not conform to the
requirements for package testing in part 178 of this subchapter, but
must be capable of containing any evolving gases from the contents
during normal conditions of transportation.
(b) Bulk shipments of polymeric beads or granules, expandable or
plastic molding compounds may be packed in plastic film or bags which
are placed in steel racks, metal or plastic crates or shrink-wrapped on
wood pallets when transported in dedicated vehicles or freight
containers. Polymeric beads or granules or plastic molding compounds
may also be packed in plastic film or
[[Page 44339]]
bags which are then packed in metal, plastic, wood, reconstituted wood
or fiberboard boxes. Non-specification portable tanks are also
authorized. Bulk packagings must be capable of containing any gases
evolving from the contents during normal conditions of transport.
49. Section 173.222 would be revised to read as follows:
Sec. 173.222 Dangerous goods in equipment, machinery or apparatus.
Hazardous materials in machinery or apparatus are excepted from the
specification packaging requirements of this subchapter when packaged
according to this section. Hazardous materials in machinery or
apparatus must be packaged in strong outer packagings unless the
receptacles containing the hazardous materials are afforded adequate
protection by the construction of the machinery or apparatus. Each
package must conform to the packaging requirements of subpart B of this
part, except for the requirements in Sec. 173.24(a)(1) and
Sec. 173.27(e), and the following requirements:
(a) If the equipment, machinery or apparatus contains more than one
hazardous material, the materials must not be capable of reacting
dangerously together.
(b) The nature of the containment must be as follows:
(1) Damage to the receptacles containing the hazardous materials
during transport is unlikely; and
(2) In the event of damage to the receptacles containing the
hazardous materials, no leakage of the hazardous materials from the
equipment, machinery or apparatus is possible. A leakproof liner may be
used to satisfy this requirement.
(c) Receptacles containing hazardous materials must be secured and
cushioned so as to prevent their breakage or leakage and so as to
control their movement within the equipment, machinery or apparatus
during normal conditions of transportation. Cushioning material must
not react dangerously with the content of the receptacles. Any leakage
of the contents must not substantially impair the protective properties
of the cushioning material.
(d) Receptacles for gases, their contents and filling densities
must conform to the applicable requirements of this subchapter, unless
otherwise approved by the Associate Administrator for Hazardous
Materials Safety.
(e) Quantity limitations. For air transport, the total net quantity
of hazardous materials contained in one item of equipment, machinery or
apparatus must not exceed the following:
(1) 1 kg (2.2 pounds) in the case of solids;
(2) 0.5 L (0.3 gallons) in the case of liquids;
(3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases; and
(4) A total quantity of not more than the aggregate of that
permitted in paragraphs (e)(1) through (e)(3) of this section, for each
of the categories material in the package, when a package contains
hazardous materials in two or more of the categories in paragraphs
(e)(1) through (e)(3) of this section and is offered for air transport.
(f) When a package contains hazardous materials in two or more of
the categories listed in paragraphs (e)(1), (e)(2) and (e)(3) of this
section, the total quantity required by Sec. 172.202(c) of this
subchapter to be entered on the shipping paper must be the aggregate
quantity of all hazardous materials, expressed as net mass.
Sec. 173.224 [Amended]
50. in Sec. 173.224, in the introductory text of paragraph (c)(3),
the word ``product'' would be added immediately before the word
``evaluation''.
51. In Sec. 173.225, in paragraph (b), in the Organic Peroxides
Table, remove or add, in the appropriate alphabetical order, the
following entries to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(b) * * *
[[Page 44340]]
Organic Peroxide Table
Diluent mass (%) Temperature ( deg.C)
Technical name ID number Concentration (mass%) --------------------------------------- Water Packing -------------------------- Notes
A B I (mass%) method Control Emergency
(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
[REMOVE:]
Dibenzoyl peroxide [as a paste]... Exempt 50 ........... ........... Exempt
14 18
[ADD:]
* * * * * * *
Isopropyl sec-butyl UN3115 32+15-18+< ........... ........... ........... OP7 -20 -10
peroxydicarbonate and Di-sec- l-12-15 38
butyl peroxydi-carbonate and Di-
isopropyl peroxydicarbonate.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 44341]]
* * * * *
Sec. 173.225 [Amended]
52. In addition, in Sec. 173.225, in paragraph (b), in the Organic
Peroxides Table, the following changes would be made:
a. For the entry, ``tert-Butyl cumyl peroxide'' (UN3106), in Column
(4b), the reference ``58'' would be removed and in Column
(4c), ``58'' would be added.
b. For the entry, ``tert-Butyl hydroperoxide'' (UN3105), in Column
(7b), the references ``4, 13'' would be removed and in Column (8), ``4,
13'' would be added.
c. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]''
(UN3108), in Column (3), the mass percent ``52'' would be
revised to read ``52''.
d. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]''
(UN3110), in Column (3), the mass percent ``42'' would be
revised to read ``42''.
e. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column
(3), the mass percent ``32'' would be revised to read
``32''.
f. For the entry, ``tert-Butyl peroxyacetate'' (UN3119), in Column
(3), the mass percent ``32'' would be revised to read
``32''.
g. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column
(3), the mass percent ``22'' would be revised to read
``22''.
h. For the entry, ``tert-Butyl peroxybenzoate'' (UN3103), in Column
(4a), the diluent type ``23'' would be revised to read
``23''.
i. For the entry, ``tert-Butyl peroxybenzoate'' (UN3105), in Column
(3), the mass percent ``<52-77'' would be revised to read ``>52-77''.
j. For the entry, ``tert-Butyl peroxy-2-ethylhexanoate'' (UN3117),
in Column (3), the mass percent ``52'' would be revised to
read ``>32-52''.
k. For the entry, ``tert-Butyl peroxy-2-ethylhexanoate'' (UN3119),
in Column (6), the packing method ``1BC'' would be revised to read
``IBC''.
l. For the entry, ``Cumyl hydroperoxide'' (UN3109), in Column (3),
the mass percent ``90'' would be revised to read
``90''.
m. For the entry, ``1,1-Di-(tert-butylperoxy)cyclohexane''
(UN3103), in Column (4a), the diluent type ``20'' would be
revised to read ``20''.
n. For the entry, ``Di-n-butyl peroxydicarbonate'' (UN3115), in
Column (7b), the emergency temperature ``5'' would be revised to read
``-5''.
o. For the entry, ``Diethyl peroxydicarbonate'' (UN3115), in Column
(7a), the control temperature ``>10'' would be revised to read ``-10''.
p. For the entry, ``2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne-
3'' (UN3103), in Column (4a), the diluent type ``14'' would
be added.
q. For the entry, ``2,5-Dimethyl-2,5-dihydroperoxyhexane''
(UN3104), Column (7a), the reference ``OP6'' would be removed and in
Column (6), ``OP7'' would be added.
r. For the entry, ``1,1-Dimethyl-3-
hydroxybutylperoxyneoheptanoate'' (UN3117), in Column (4b), the diluent
type ``48'' would be removed and in Column (4a),
``48'' would be added.
s. For the entry, ``3,3,6,6,9,9-Hexamethyl-1,2,4,5-
tetraoxacyclononane'' (UN3106), in Column (4b), the diluent
``48'' would be removed; in Column (4c), ``48''
would be added; in Column (5), the reference ``OP7'' would be removed;
and, in Column (6) ``OP7'' would be added.
t. For the entry, ``Peroxyacetic acid, type F, stabilized''
(UN3109), in Column (8), the reference ``13, 20'' would be removed and
``7, 13, 20'' would be added in its place
u. For the entry, ``Pinanyl hydroperoxide'' (UN3105), in Column
(3), the mass percent ``56-100'' would be revised to read
``56-100''.
53. In Sec. 173.225, in paragraph (c)(2), the word ``product''
would be added immediately before the word ``evaluation''.
53a. In Sec. 173.243, in paragraph (e)(2), the period at the end of
the sentence would be revised to read ``; or'' and a new paragraph
(e)(3) would be added to read as follows:
Sec. 173.243 Bulk packaging for certain high hazard liquids and dual
hazard materials which pose a moderate hazard.
* * * * *
(e) * * *
(3) The subsidiary hazard is Class 8, Packaging Group, III.
Sec. 173.301 [Amended]
54. In Sec. 173.301, in paragraph (i), the wording ``and
Sec. 171.12(c) of this subchapter'' would be added immediately after
the words ``in paragraph (j) of this section''.
55. In Sec. 173.306, new paragraphs (f)(4) and (f)(5) would be
added to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(f) * * *
(4) Accumulators intended to function as shock absorbers, struts,
gas springs, pneumatic springs or other impact or energy-absorbing
devices are not subject to the requirements of this subchapter provided
each:
(i) Has a gas space capacity not exceeding 1.6 liters and a charge
pressure not exceeding 280 bar, where the product of the capacity
expressed in liters and charge pressure expressed in bars does not
exceed 80 (i.e., 0.5 liter gas space and 160 bar charge pressure, 1
liter gas space and 80 bar charge pressure, 1.6 liter gas space and 50
bar charge pressure, 0.28 liter gas space and 280 bar charge pressure);
(ii) Has a minimum burst pressure of 4 times the charge pressure at
20 deg.C for products not exceeding 0.5 liter gas space capacity and 5
times the charge pressure for products greater than 0.5 liter gas space
capacity;
(iii) Is manufactured from material which will not fragment upon
rupture;
(iv) Design type has been subjected to a fire test demonstrating
that the article relieves its pressure by means of a fire degradable
seal or other pressure relief device, such that the article will not
fragment and that the article does not rocket; and
(v) Accumulators must be manufactured under a written quality
assurance program which monitors parameters controlling burst strength,
burst mode and performance in a fire situation as specified in
paragraphs (f)(4)(i) through (f)(4)(iv) of this section. A copy of the
quality assurance program must be maintained at each facility at which
each accumulator is manufactured.
(5) Accumulators which do not conform to the provisions of
paragraphs (f)(1), (2), (3) or (4) of this section, may be transported
subject to the approval of the Associate Administrator for Hazardous
Materials Safety.
* * * * *
Sec. 173.306 [Amended]
56. In addition, in Sec. 173.306, paragraph (d) would be removed
and reserved.
PART 174--CARRIAGE BY RAIL
57. The authority citation for part 174 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
58. In Sec. 174.81, a new paragraph (g)(3)(vi) would be added to
read as follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(g) * * *
(3) * * *
(vi) ``6'' means explosive articles in compatibility group G, other
than
[[Page 44342]]
fireworks and those requiring special stowage, may be stowed with
articles of compatibility groups C, D and E, provided no explosive
substances are carried in the same vehicle
* * * * *
Sec. 174.81 [Amended]
59. In addition, in Sec. 174.81, in the paragraph (f) Compatibility
Table for Class 1 (Explosive) Materials, the following changes would be
made:
a. For the entry, ``C'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' would be revised
to read ``6''.
b. For the entry ``D'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' would be revised
to read ``6''.
c. For the entry ``E'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' would be revised
to read ``6''.
d. For the entry ``G'', under the Column (1) heading,
``Compatibility Group'', in Columns ``C'', ``D'', and ``E'', the letter
``X'' would be revised to read ``6'' each place it appears.
Sec. 174.680 [Amended]
60. In Sec. 174.680, the following changes would be made:
a. In paragraph (a), as revised at 62 FR 1236, effective October 1,
1998, at the beginning of the paragraph, the wording ``A carrier may
not transport'' would be removed and ``Except as provided in paragraph
(b) of this section, a carrier may not transport'' would be added in
its place.
b. In paragraph (b), the wording ``bearing a KEEP AWAY FROM FOOD
label'' would be removed and ``bearing a POISON label displaying the
text `PG III' would be added in its place.
PART 175--CARRIAGE BY AIRCRAFT
61. The authority citation for part 175 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.630 [Amended]
62. In Sec. 175.630, in paragraph (a), the wording ``KEEP AWAY FROM
FOOD,'' would be removed.
PART 176--CARRIAGE BY VESSEL
63. The authority citation for part 176 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
64. In Sec. 176.76, a new paragraph (i) would be added to read as
follows:
Sec. 176.76 Transport vehicles, freight containers, and portable tanks
containing hazardous materials.
* * * * *
(i) Containers packed or loaded with flammable gases or liquids
having a flashpoint of 23 deg.C or less and carried on deck must be
stowed ``away from'' possible sources of ignition.
65. In Sec. 176.83, paragraphs (a)(1), (a)(3) and (a)(8) would be
revised and a new paragraph (a)(10) would be added to read as follows:
Sec. 176.83 Segregation.
(a) General. (1) The requirements of this section should apply to
all cargo spaces on deck or under deck of all types of vessels and to
all cargo transport units.
* * * * *
(3) The general requirements for segregation between the various
classes of dangerous goods are shown in the segregation table. In
addition to these general requirements, there may be a need to
segregate a particular material from other materials which would
contribute to its hazard. Such segregation requirements are indicated
by code numbers in Column 10B of the Sec. 172.101 Table.
* * * * *
(8) Notwithstanding paragraphs (a)(6) and (a)(7) of this section,
hazardous materials of the same class may be stowed together without
regard to segregation required by secondary hazards (subsidiary risk
label(s)), provided the substances do not react dangerously with each
other and cause:
(i) Combustion and/or evolution of considerable heat;
(ii) Evolution of flammable, toxic or asphyxiant gases;
(iii) The formation of corrosive substances; or
(iv) The formation of unstable substances.
* * * * *
(10) Where the code in column (10B) of the Sec. 172.101 Hazardous
Materials Table (HMT) specifies that ``Segregation as for * * *''
applies, the segregation requirements applicable to that class in Table
Sec. 176.83(b) must be applied. However, for the purposes of
interpreting the requirements of paragraph (a)(8) of this section which
permits substances of the same class to be stowed together provided
they do not react dangerously with each other, the segregation
requirements of the class as represented by the primary hazard class in
the HMT entry must be applied.
Sec. 176.83 [Amended]
66. In addition, in Sec. 176.83, in the paragraph (g)(3) Table, for
the segregation requirement ``1. Away From'', for the entries ``Fore
and aft.'' and ``Athwartships.'', under the Column heading ``Open
versus open'', under Column ``On deck'', the wording ``No restriction''
would be revised to read ``At least 3 meters.'' in both places it
appears.
Sec. 176.600 [Amended]
67. In Sec. 176.600, the following changes would be made:
a. In paragraph (a), as revised at 62 FR 1236, effective October 1,
1998, the wording ``or POISON label thereon'' would be removed and ``or
POISON label (unless displaying the text `PG III')'' would be added in
its place.
b. In paragraph (c), the wording ``required to have a KEEP AWAY
FROM FOOD label'' would be removed and ``bearing a POISON label
displaying the text `PG III' '' would be added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
68. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
69. In Sec. 177.841, paragraph (e)(3) would be revised to read as
follows:
Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous gas)
materials.
* * * * *
(e) * * *
(3) Bearing a POISON label displaying the text ``PG III'' with
materials marked as or known to be foodstuffs, feed, or any other
edible material intended for consumption by humans or animals, unless
the package containing the Division 6.1 Packing Group III material is
separated in a manner that, in the event of leakage from packages under
conditions normally incident to transportation, commingling of
hazardous materials with foodstuffs, feed, or any other edible material
would not occur.
Sec. 177.841 [Amended]
70. In addition, in Sec. 177.841, in the introductory text to
paragraph (e)(1), as revised at 62 FR 1236, effective October 1, 1998,
the words ``Bearing or required to bear a POISON'' would be removed and
``Except as provided in paragraph (e)(3) of this section, bearing or
required to bear a POISON'' would be added in its place.
71. In Sec. 177.848, a new paragraph (g)(vi) would be added to read
as follows:
[[Page 44343]]
Sec. 177.848 Segregation of hazardous materials.
* * * * *
(g) * * *
(vi) ``6'' means explosive articles in compatibility group G, other
than fireworks and those requiring special stowage, may be stowed with
articles of compatibility groups C, D and E, provided no explosive
substances are carried in the same vehicle.
* * * * *
Sec. 177.848 [Amended]
72. In addition, in Sec. 177.848, in the paragraph (f)
Compatibility Table for Class 1 (Explosive) Materials, the following
changes would be made:
a. For the entry ``C'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' would be revised
to read ``6''.
b. For the entry ``D'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' would be revised
to read ``6''.
c. For entry ``E'', under the Column (1) heading, ``Compatibility
Group'', in Column G, the letter ``X'' would be revised to read ``6''.
d. For the entry ``G'', under the Column (1) heading,
``Compatibility Group'', in Columns ``C'', ``D'' and ``E'', the letter
``X'' would be revised to read ``6'' each place it appears.
PART 178--SPECIFICATIONS FOR PACKAGINGS
73. The authority citation for part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.270-3 [Amended]
74. In Sec. 178.270-3, in paragraph (e), in the second sentence,
the reference ``ISO 82-1974(e)'' would be removed and ``ISO 82-
1974(E)'' would be added in its place.
Sec. 178.509 [Amended]
75. In Sec. 178.509, in paragraph (b)(1), in the second sentence,
the wording ``when approved by the Associate Administrator for
Hazardous Materials Safety'' would be added immediately following the
words ``may be used''.
76. In Sec. 178.703, the section heading and paragraph (b)(6)(ii)
would be revised to read as follows:
Sec. 178.703 General intermediate bulk container (IBC) standards.
* * * * *
(b) * * *
(6) * * *
(ii) When a composite IBC is designed in such a manner that the
outer casing is intended to be dismantled for transport when empty
(such as for the return of the IBC for reuse to the original
consignor), each of the parts intended to be detached when so
dismantled must be marked with the month and year of manufacture and
the name or symbol of the manufacturer.
77. In Sec. 178.813, in paragraph (b), a sentence would be added to
the end of the paragraph to read as follows:
Sec. 178.813 Leakproofness test.
* * * * *
(b) * * * The inner receptacle of a composite IBC may be tested
without the outer packaging provided the test results are not affected.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
78. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
79. In Sec. 180.352, the section heading, paragraphs (b)(1),
(b)(2), (b)(3) introductory text and (c) would be revised to read as
follows:
Sec. 180.352 Requirements for retest and inspection of intermediate
bulk containers (IBCs).
* * * * *
(b) * * *
(1) The leakproofness test prescribed in Sec. 178.813 of this
subchapter must be conducted every 2.5 years starting from the date of
manufacture or the date of a repair conforming to paragraph (c)(1) of
this section marked on each IBC intended to contain liquids or solids
that are loaded or discharged under pressure.
(2) An external visual inspection must be conducted initially after
production and every 2.5 years starting from the date of manufacture or
the date of a repair conforming to paragraph (c)(1) of this section
marked on each IBC to ensure that:
(i) The IBC is marked in accordance with requirements in
Sec. 178.703 of this subchapter. Missing or damaged markings, or
markings difficult to read must be restored or returned to original
condition.
(ii) Service equipment is fully functional and free from damage
which may cause failure. Missing, broken, or damaged parts must be
repaired or replaced.
(iii) The IBC, including the outer packaging if applicable, is free
from damage which reduces its structural integrity. The IBC must be
externally inspected for cracks, warpage, corrosion or any other damage
which might render the IBC unsafe for transportation. An IBC found with
such defects must be removed from service. The inner receptacle of a
composite IBC must be removed from the outer IBC body for inspection
unless the inner receptacle is bonded to the outer body or unless the
outer body is constructed in such a way (e.g., a welded or riveted
cage) that removal of the inner receptacle is not possible without
impairing the integrity of the outer body. Defective inner receptacles
must be replaced with a receptacle meeting the design type of the IBC
or the entire IBC must be replaced. For metal IBCs, thermal insulation
must be removed to the extent necessary for proper examination of the
IBC body.
(iv) Each flexible IBC must be inspected to ensure that:
(A) Lifting straps if used, are securely fastened to the IBC in
accordance with the design type.
(B) Seams are free from defects in stitching, heat sealing or
gluing which would render the IBC unsafe for transportation of
hazardous materials. All stitched seam-ends must be secure.
(C) Fabric used to construct the IBC is free from cuts, tears and
punctures. Additionally, fabric must be free from scoring which may
render the IBC unsafe for transport.
(v) Each fiberboard IBC must be inspected to ensure that:
(A) Fluting or corrugated fiberboard is firmly glued to facings.
(B) Seams are creased and free from scoring, cuts, and scratches.
(C) Joints are appropriately overlapped and glued, stitched, taped
or stapled as prescribed by the design. Where staples are used, the
joints must be inspected for protruding staple-ends which could
puncture or abrade the inner liner. All such ends must be protected
before the IBC is authorized for hazardous materials service.
(vi) Each wooden IBC must be inspected to ensure that:
(A) End joints are secured in the manner prescribed by the design.
(B) The IBC walls are free from defects in wood. Inner protrusions
which could puncture or abrade the liner must be covered.
(3) Each metal, rigid plastic and composite IBC must be internally
inspected at least every five years to ensure that the IBC is free from
damage which might reduce its integrity.
* * * * *
(c) Requirements applicable to repair of intermediate bulk
containers. (1) Except for flexible and fiberboard IBCs and the bodies
of rigid plastic and
[[Page 44344]]
composite IBCs, damaged IBCs may be repaired and the inner receptacles
of composite packagings may be replaced and returned to service
provided:
(i) The repaired IBC conforms to the original design type;
(ii) An IBC intended to contain liquids or solids that are loaded
or discharged under pressure is subjected to a leakproofness test as
specified in Sec. 178.813 of this subchapter and is marked; and
(iii) The IBC is subjected to the internal and external inspection
requirements as specified in paragraph (b) of this section.
(2) Except for flexible and fiberboard IBCs, the structural
equipment of an IBC may be repaired and returned to service provided:
(i) The repaired IBC conforms to the original design type; and
(ii) The IBC is subjected to the internal and external inspection
requirements as specified in paragraph (b) of this section.
(3) Service equipment may be replaced provided:
(i) The repaired IBC conforms to the original design type;
(ii) The IBC is subjected to the external visual inspection
requirements as specified in paragraph (b) of this section; and
(iii) The proper functioning and leak tightness of the service
equipment, if applicable, is verified.
* * * * *
Issued in Washington, DC on July 31, 1998, under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 98-21124 Filed 8-17-98; 8:45 am]
BILLING CODE 4910-60-P