[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]



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Part II





Department of Transportation





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Research and Special Programs Administration



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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  

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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.

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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

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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

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[GRAPHIC] [TIFF OMITTED] TP18AU98.000



BILLING CODE 4910-60-C

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    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