[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Rules and Regulations]
[Pages 10742-10783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4517]



[[Page 10741]]

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Part II





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



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49 CFR Part 171, et al.



Harmonization With the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions; Final Rule

  Federal Register / Vol. 64, No. 43 / Friday, March 5, 1999 / Rules 
and Regulations  

[[Page 10742]]



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: Final rule.

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

SUMMARY: This final rule consolidates Docket HM-215C and HM-217 
(``Labeling Requirements for Poisonous Materials''). RSPA is amending 
the Hazardous Materials Regulations (HMR) to maintain alignment with 
international standards by incorporating 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 is making other amendments to 
the HMR, including eliminating 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 revisions are 
necessary to facilitate the transport of hazardous materials in 
international commerce.

DATES: Effective Date: October 1, 1999.
    Voluntary Compliance Date: RSPA is authorizing immediate voluntary 
compliance, with the exception of the provisions contained in 
Sec. 173.301(i). Persons voluntarily complying with these regulations 
should be aware that petitions for reconsideration may be received and, 
as a result of RSPA's evaluation of those petitions, the amendments 
adopted in this final rule could be subject to further revision.
    Delayed Compliance Date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning on 
October 1, 2000.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of October 1, 1999.

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 final rule consolidates two rulemakings; Docket HM-215C, 
``Harmonization with the UN Recommendations, IMDG Code and ICAO 
Technical Instructions'' and the previous Docket HM-217, ``Labeling 
Requirements for Poisonous Materials.'' By publication of Docket HM-
215C notice of proposed rulemaking (NPRM) [63 FR 44312], Docket HM-217 
was terminated as a separate rulemaking action.

II. Background

    On December 21, 1990, 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 
compliance 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 published 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 published 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.
    In a final rule published October 29, 1998 (Docket HM-215C; 63 FR 
57929), RSPA incorporated by reference the latest editions of the ICAO 
Technical Instructions and the IMDG Code into the HMR. This action 
ensured that international shippers could begin complying with changes 
to international air and vessel standards, which become effective on 
January 1, 1999, in the event that this final rule was not published by 
that date. In addition, the October 29, 1998 final rule amended a 
shipping paper requirement for the use of the ICAO Technical 
Instructions.
    This final rule amends 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 with the intent to more fully align 
the HMR with international air and sea transport requirements which 
became effective January 1, 1999. Petitions for rulemaking pertinent to 
harmonization with international standards and the facilitation of 
international transportation were also considered and are the basis of 
certain changes incorporated in this final rule. Other changes are 
based on feedback from the regulated industry and RSPA initiatives.

III. Summary and Overview

    On August 18, 1998, RSPA published an NPRM (Docket HM-215C; 63 FR 
44312) to continue its efforts to facilitate the transport of hazardous 
materials in international commerce. RSPA received

[[Page 10743]]

approximately 30 comments in response to the NPRM. These comments were 
submitted by industry associations representing chemical manufacturers 
and distributors and packaging manufacturers and reconditioners. 
Comments were also submitted from a gas strut manufacturer, a battery 
manufacturer, a chemical manufacturer, a paint manufacturer and 
distributor, and Transport Canada. Commenters expressed support of 
RSPA's effort to align the HMR with international standards to provide 
consistency and facilitate the international transportation of 
hazardous materials. The majority of commenters supported various 
proposals, but some commenters raised concerns and recommended 
alternative amendments to certain proposals which are discussed in 
Section IV of this final rule. Some commenters suggested amendments 
which are beyond the scope of this final rule and must first be subject 
to an NPRM to provide adequate opportunity for notice and comments. 
These issues may be addressed in separate rulemakings.
    Amendments to the HMR contained in this final rule 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 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.
--Amendments to the List of Marine Pollutants which remove, revise and 
add certain entries.
--Amendments to remove, revise and add certain 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, or adjacent to, the POISON or TOXIC label to 
read ``PG III.''
--Addition of reciprocity provisions for Canadian cylinders.
--Amendment of continuing requalification requirements for portable 
tanks and intermediate bulk containers (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. Section-by-Section Summary of Regulatory Changes

Part 171

    Section 171.2. RSPA is amending paragraph (d)(1) by adding the 
letters ``CTC'' to the list of specification indications which may not 
be misrepresented according to Sec. 171.2(c). This is necessary as a 
result of a new provision in Sec. 173.301(i) authorizing the use of CTC 
specification cylinders under certain conditions.
    Section 171.7. RSPA is updating 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, and the UN Recommendations. The ICAO Technical 
Instructions were updated to the 1999-2000 edition and the IMDG Code 
was updated to Amendment 29, in a final rule, published October 29, 
1998 [Docket HM-215C; 63 FR 44312] and effective January 1, 1999. One 
new incorporation by reference is added under the International 
Organization for Standardization (ISO).
    ``ASTM D 3278--95 Standard Test Methods for Flash Point of Liquids 
by Small Scale (Setaflash) Closed-Cup Apparatus'' is updated to the 
1996 edition. ``ASTM D 56-93 Standard Test Method for Flash Point by 
Tag Closed Tester,'' ``ASTM D 93-94 Standard Test Method for Flash 
Point by Pensky-Martens Closed Cup Tester'' and ``ASTM D 3828-93 
Standard Test Method for Flash Point by Small Scale Closed Tester'' are 
updated to the 1997 editions. These updates reflect the latest 
revisions to these 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'' is updated to the 
January 23, 1998 version which brings 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'' is 
updated to the January 1998 edition. References to the UN 
Recommendations are updated to the tenth revised edition and an 
incorrect reference to Sec. 172.519 is removed in the second column. 
RSPA reviewed the updated standards and concluded that no major 
technical amendments have been incorporated into these standards.
    Finally, consistent with the addition of a new special provision 
for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales--Dimensions 
and Density, 1986 Edition'' is added to the table of material 
incorporated by reference. (See the amendments to the Hazardous 
Materials Table.)
    Section 171.8. The text for the ``N.O.S.'' definition is revised to 
reflect the changes in this final rule regarding the addition of a new 
symbol to specify the n.o.s. and generic proper shipping names which 
are required to be supplemented with a technical name. (See the 
preamble discussion under Secs. 172.101(b) and 172.203(k)(3)).
    Sections 171.11, 171.12 and 171.12a. Paragraphs (d)(14), (b)(17) 
and (b)(16) of Secs. 171.11, 171.12 and 171.12a, respectively, are 
revised for consistency with Sec. 173.306(a)(1) which provides certain 
exceptions for limited quantities of compressed gases in containers of 
not more than four fluid ounces.
    Section 171.12a. The amendments proposed to this section in the 
NPRM providing for reciprocity for certain Canadian specification 
cylinders to be transported within the U.S. will be incorporated into 
Sec. 173.301(i). See preamble discussion under Sec. 173.301.
    Section 171.14. Paragraph (d) is revised to provide a delayed 
implementation date for amendments adopted in this final rule. The 
effective date of the final rule is October 1, 1999. However, RSPA is 
authorizing an immediate voluntary compliance date to allow shippers to 
prepare their shipments in accordance with the new ICAO, IMDG Code and 
HMR provisions. RSPA is also authorizing a delayed mandatory compliance 
date with the new requirements until October 1, 2000. This delay offers 
a sufficient phase-in

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period to implement new provisions and deplete current stocks of 
shipping papers, labels, placards and packagings affected by the new 
requirements. In addition, paragraph (d)(2) permits intermixing of old 
and new hazard communication requirements until October 1, 2000. As 
stated in the NPRM, based on its own initiative and comments provided 
in petitions, RSPA is extending a delayed implementation period for use 
of the POISON label for Division 6.1, Packing Group III materials and 
allowing continued use of the KEEP AWAY FROM FOOD label until October 
1, 2003.

Part 172

    Section 172.101. RSPA received favorable comments for including the 
addition of a new symbol to Sec. 172.101(b) and the Hazardous Materials 
Table (HMT) to 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). In the NPRM, RSPA proposed using the asterisk (*) as the 
new symbol. It has since been brought to RSPA's attention that the 
asterisk symbol poses a problem for computer searches. Therefore, in 
this final rule, RSPA is replacing the asterisk symbol with the letter 
``G'' to identify n.o.s. and generic proper shipping names which must 
meet the technical name requirement. Previously, these proper shipping 
names were listed in Sec. 172.203(k)(3). The change is adopted in this 
final rule to simplify and improve the use of the HMR. As a result of 
the change, Sec. 172.203(k)(3) is removed. In addition, approximately 
19 new proper shipping names are added to be required to be 
supplemented with a technical name. The technical name requirement for 
these entries are consistent with the UN Recommendations. As discussed 
in the NPRM, certain proper shipping names are currently required to be 
supplemented with a technical name in the UN Recommendations. However, 
in the opinion of RSPA, these entries do not warrant a supplemental 
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. On this basis, 
RSPA is not adopting the technical name requirement for these proper 
shipping names. Readers should be aware that certain n.o.s. and generic 
proper shipping names may be required to be supplemented with technical 
names when being transported internationally. In addition, based on its 
own initiative, RSPA is adding or removing certain proper shipping 
names concerning the technical name requirement for consistency with 
the tenth revised edition of the UN Recommendations. (See preamble 
discussion under Sec. 172.203.)
    A commenter stated that the plus (+) sign is not an appropriate 
symbol to denote materials classified on the basis of human experience 
because it is used for other purposes in the HMR. RSPA does not agree 
with the commenter that the plus sign is an inappropriate symbol and 
points out that the plus sign is presently used in the HMR to indicate 
materials classified on the basis of human experience. In the NPRM, 
RSPA proposed to add the plus sign to additional materials which are 
classified on the basis of human experience consistent with the UN 
Recommendations. RSPA is not convinced that there would be any benefit 
in using a different symbol.
    Another commenter expressed concern that the proposal to add a plus 
sign to Column (1) of the HMT for epichlorohydrin on the basis of human 
experience would cause his company economic hardship. The commenter 
stated that, if adopted, the classification would be fixed for every 
mixture or solution containing epichlorohydrin, including very dilute 
solutions of epichlorohydrin in water even if the mixtures or solutions 
do not meet the criteria for hazard classification in the HMR. In 
response to this comment, RSPA notes that a mixture or solution 
containing epichlorohydrin where the hazard is significantly different 
from that of the pure material should be evaluated on the basis of 
classification criteria. If such a mixture or solution does not meet 
the corresponding hazard class, a different proper shipping name may be 
used. Therefore, RSPA is adopting, as proposed, the plus sign for 
epichlorohydrin and other materials identified in the NPRM.
    The Hazardous Materials Table (HMT). Amendments to the HMT for the 
purpose of harmonizing with the tenth revised edition of the UN 
Recommendations include the following:
    The plus (+) sign is 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 
action aligns the HMR with the UN Recommendations which use 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 are 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 are revised. A typographical error in the NPRM's 
regulatory text for the entry ``Sodium nitrite'' resulted in omitting 
the primary hazard and is corrected in this final rule.
    The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation 
regulated solid, n.o.s.'' are added for alignment with the ICAO 
Technical Instructions and the UN Recommendations.
    The entry ``Wheel chair, electric'' is removed as a proper shipping 
name and an italicized entry is added to refer users of the HMR to the 
proper shipping name ``Battery-powered vehicle or Battery-powered 
equipment.'' RSPA received a comment requesting a revision to 
Sec. 175.10(a)(20)(iv)(C) which requires the packaging to be marked 
``Battery, wet, with wheelchair'' and which the commenter referred to 
as a proper shipping name. The commenter stated that the proper 
shipping name is not in the HMT. RSPA points out that in 
Sec. 175.10(a)(20)(iv)(C), ``Battery, wet, with wheelchair'' is a 
marking and not a proper shipping name. On this basis, RSPA has made no 
changes to Sec. 175.10(a)(20)(iv)(C).
    For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7 
is revised to reflect the alignment of the portable tank assignments 
with those in the UN Recommendations.
    In the NPRM, RSPA proposed to revise the Column (7) special 
provisions relating to portable tanks, for the entry, ``Corrosive 
liquids, toxic, n.o.s.,'' UN2922, for Packing Groups I and II. A

[[Page 10745]]

commenter pointed out that the revisions are not consistent with the UN 
Recommendations. RSPA agrees with the commenter and is not adopting the 
proposed revisions.
    For the entry, ``Plastic molding compounds in dough, sheet or 
extruded rope form evolving flammable vapor,'' to correct an error, the 
non-bulk packaging authorization reference is revised to read ``221.'' 
In addition, Sec. 173.221 is amended to authorize bulk packagings. The 
packaging authorization for the entry, ``Polymeric beads, expandable, 
evolving flammable vapor'' is revised to read ``221.'' (See additional 
preamble discussion under Sec. 173.221.)
    For the entries, ``Batteries, wet, filled with acid, electric 
storage'' and ``Batteries, wet, filled with alkali, electric storage'' 
RSPA is increasing the passenger aircraft quantity limitation from 25 
kg gross mass to 30 kg gross mass. This change is consistent with the 
amendments to the 1999-2000 edition of the ICAO Technical Instructions.
    In response to a petition for rulemaking (P-1316), RSPA proposed 
that baled cotton not meeting the criteria of any hazard class would be 
excepted from the requirements of the HMR under certain conditions. In 
this final rule, RSPA is adding a new special provision for NA1365, 
``Cotton'' (dry), to exclude it from the HMR 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. This action is 
consistent with a decision taken by the IMO and a subsequent competent 
authority approval issued by RSPA.
    As proposed in the NPRM, based on its own initiative, RSPA is 
adding a new entry, ``Dangerous goods in machinery or Dangerous goods 
in apparatus'' to the HMT. The proper shipping name is assigned 
identification number, NA8001, and Special Provision 136 is added for 
directions on class assignment. As stated in the NPRM, this entry was 
adopted in the ICAO Technical Instructions to provide an exception from 
the UN packaging 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. A commenter suggested that the proper shipping name be 
given a Class 9 assignment. RSPA agrees with the commenter. RSPA 
proposed to the UN Committee of Experts that a UN number and proper 
shipping name be provided and that Class 9 be assigned. Following the 
Committee's response, RSPA will address this issue in a future 
rulemaking.
    A commenter requested that RSPA not adopt the proposed change for 
the entry, ``Chloropicrin.'' In the NPRM, RSPA proposed to change the 
non-bulk packaging authorization cite in Column (8B) from Sec. 173.227 
to Sec. 173.193. The proposed change was in error and RSPA is not 
adopting this change.
    Concerning the new entry, ``Nitroglycerin mixture, desensitized, 
liquid, flammable, n.o.s.,'' UN3343, RSPA received a comment 
questioning the impact that the new entry would have on existing 
competent authority approvals. These competent authority approvals 
provide for these materials to be described as ``Flammable liquids, 
n.o.s.,'' UN1993. The commenter asked RSPA to consider ``grandfathering 
the existing approvals in the final rule.'' It is RSPA's position that 
to reflect the new shipping description, these approvals can be updated 
upon a request from the approval holders. RSPA believes that the 
transition periods adopted in this final rule will provide sufficient 
time for processing updated approvals in order to avoid any potential 
inconvenience on the part of approval holders.
    The Vessel Operators Hazardous Materials Association (VOHMA) 
requested that RSPA consider including the alpha-numeric special 
provisions corresponding to the codes in Sec. 176.84 for materials 
identifed as requiring stowage ``away from'' foodstuffs or ``separated 
from'' foodstuffs. VOHMA stated that this action would provide 
consistent identification of the materials for proper stowage and 
segregation when being transported by vessel. RSPA believes VOHMA's 
request has merit and will consider it in a future NPRM to afford the 
public the opportunity to provide comments.
    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. Readers should review all changes appearing in 
the Sec. 172.101 HMT for a complete view of the changes.
    Appendix B to Sec. 172.101. A number of materials are added, 
removed or amended in the HMR's List of Marine Pollutants. The 
amendments are consistent with the marine pollutants identified in 
Amendment 29 to the IMDG Code. One entry, ``Nitrates, inorganic, 
n.o.s.,'' which was mistakenly referred to in the NPRM's preamble as 
being proposed for removal, was actually removed from the marine 
pollutant list in an earlier final rule published under Docket HM-215B 
(May 6, 1997; 62 FR 24743).
    Section 172.102. Eleven new special provisions are added and one is 
removed for consistency with the tenth revised edition of the UN 
Recommendations; three obsolete special provisions are removed; and two 
are editorially revised as follows:
    Special Provision 43 is amended 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 is revised to correct an editorial error for 
the percentages of phlegmatizers in mixtures.
    A new special provision 129 is assigned to the 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 is added for the entry, ``Battery, dry, 
not subject to the requirements of this subchapter'' to identify 
conditions that must be met before the material may be excepted from 
the HMR.
    A new special provision 131 is assigned to the 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 is added for the proper shipping name, 
``Ammonium nitrate fertilizers,'' UN2071. The special provision allows 
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 only regulated when 
offered for transportation by aircraft and vessel modes.
    A new special provision 133 is added for the new entry, ``Air bag 
inflators, compressed gas or Air bag modules, compressed gas or Seat-
belt pretensioners, compressed gas,'' to

[[Page 10746]]

clarify which articles should be transported under these shipping 
descriptions. The special provision provides conditions for packaging 
and design of these articles. In the NPRM, RSPA inadvertently included 
articles containing a Division 2.1 gas for which authorization for 
transportation is being retained under an exemption. This error is 
corrected in this final rule. The air bag and seat-belt pretensioner 
descriptions listed in the HMT may be used only for articles that may 
be excluded from Class 1.
    A new special provision 134 is 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 is added for the 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 is added for the 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. (Also, see preamble discussion 
under ``The Hazardous Materials Table.'')
    A new special provision 137 is added for the entry, ``Cotton,'' 
NA1365. See preamble discussion under ``The Hazardous Materials Table 
(HMT).''
    A new special provision 138 is added for the entry, ``Lead 
compounds, soluble, n.o.s.'' This special provision clarifies the 
definition for soluble lead compounds.
    A new special provision A35 is added for the 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 is removed because it no longer is used for 
any entries in the HMT.
    Special Provision 104 is removed for consistency with the UN 
Recommendations and in response to a petition for rulemaking filed by 
the Institute of Makers of Explosives (P-1317).
    As proposed in the NPRM and based on a previous comment received by 
RSPA, Special Provision B101 is editorially revised to clarify that 
when intermediate bulk containers are used, only those constructed of 
metal are authorized.
    Special Provision N9 applies to the entry, ``Cotton waste, oily,'' 
UN1364. Special Provision N9 is 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) is revised to 
reflect that the letter ``G'' in Column (1) of the HMT identifies 
n.o.s. and generic proper shipping names requiring a technical name. 
(See preamble discussion under Sec. 172.101.)
    Section 172.313. A new paragraph (d) is added to reflect that ``PG 
III'' may be marked adjacent to the POISON label as an alternative to 
displaying the text ``PG III,'' instead of ``Poison'' or ``Toxic,'' 
below the mid-line of the label. (See preamble discussion under 
Secs. 172.400 and 172.400a.)
    Sections 172.400, 172.400a.
    For poisonous materials in Division 6.1, Packing Group III, RSPA 
proposed in the NPRM to eliminate the KEEP AWAY FROM FOOD label and 
require the use of a POISON label on such packagings. RSPA also 
proposed to allow optional text on the POISON label to read ``PG III,'' 
instead of ``POISON'' or ``TOXIC.'' (Readers should refer to the NPRM 
for background information.) RSPA received approximately ten comments 
regarding this issue.
    Some of the commenters had concerns about international acceptance 
and harmonization of the ``PG III'' text. Several commenters suggested 
that RSPA delay consideration and revisit the issue in a future 
rulemaking to allow more time for comments and to wait until the 
international community adopts the provisions. One commenter requested 
that RSPA retain the KEEP AWAY FROM FOOD label as an alternate label. 
Because provisions in international regulations permit the insertion of 
text indicating the nature of the risk, it is RSPA's opinion that a 
POISON label displaying ``PG III'' as text is acceptable in 
international transportation. Furthermore, RSPA believes that 
sufficient time for comment has been offered for comments and 
consideration of the provisions. RSPA published an ANPRM on November 8, 
1993, under Docket HM-217 (58 FR 59224), and published an NPRM on 
August 18, 1998 NPRM, under Docket HM-215C, 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. Two commenters requested that RSPA consider hazardous 
materials employee training and cost impact when considering 
implementation of the change. RSPA gave consideration to these issues 
before publishing the NPRM, and as explained in the NPRM, and is 
providing a sufficient phase-in period to implement the new provisions 
for training and minimizes any additional costs that may be incurred.
    The Air Line Pilots Association (ALPA) stated its opposition to 
placing only the ``PG III'' marking on the POISON label. ALPA stated 
that placing the ``PG III'' marking on the label without the ``POISON'' 
or ``TOXIC'' text would not be understood by hazardous materials 
employees who are performing loading functions. RSPA disagrees. Section 
172.401(c) allows packages of hazardous materials bearing labels which 
are in conformance with the UN Recommendations, ICAO Technical 
Instructions, IMDG Code and Canadian TDG Regulations, to be shipped in 
the U.S. These labels do not have text indicating the hazard, but 
display pictorial hazard warning symbols, which are internationally 
recognized.
    Most commenters supported an alternative label for Packing Group 
III, however, a few commenters suggested that RSPA consider 
alternatives other than the ``PG III'' text on the POISON label, such 
as a special handling label or that ``PG III'' be allowed to be marked 
adjacent to the POISON label. After consideration of commenters' 
recommendations, RSPA is adopting the recommendation that a ``PG III'' 
marking be allowed to be displayed adjacent to the POISON label as 
suggested by these commenters. The segregation requirements of 
Secs. 174.680(b), 176.600(c) and 177.841(e)(3) are revised to reflect 
this change.
    In conclusion, RSPA is eliminating the KEEP AWAY FROM FOOD label, 
requiring the use of a POISON label on such packagings, and allowing 
``PG III'' as optional text on the POISON label or as a marking 
adjacent to the label.
    Section 172.405. Paragraph (f)(10) in 172.405 is revised to reflect 
that a label for a Division 6.1 Packing Group III

[[Page 10747]]

material may be modified to display the text ``PG III'' instead of 
``POISON'' or ``TOXIC,'' below the mid-line of the label. 
Alternatively, ``PG III'' may be marked adjacent to the label as 
authorized by Sec. 172.313. (See also, Secs. 174.680, 176.600 and 
177.841.)
    Section 172.407. The table in paragraph (b) is revised to add the 
lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and DANGEROUS 
WHEN WET labels.
    Section 172.431. This section is removed and reserved, thereby 
deleting the specifications for the KEEP AWAY FROM FOOD label.
    Section 172.504. Consistent with the 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 is removed and the entry for 
Division 6.1, Packing Group I or II, other than Zone A or B inhalation 
hazard is revised. Paragraph (f)(10) is 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 or adjacent to 
the POISON label.
    Section 172.553. This section is removed and reserved, in line with 
Sec. 172.431, to delete the specifications for the KEEP AWAY FROM FOOD 
label.

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. As proposed in the NPRM, the Sec. 173.2a, paragraph 
(b) Precedence of Hazard Table is revised to align it with the UN 
Recommendations' Precedence of Hazard Table. Consistent with the UN 
Recommendations, RSPA is revising two entries to provide for the 
Division 4.3, Packing Group II hazard and the Division 5.1, Packing 
Group II hazards to take precedence over the Class 8 Packing Group II 
hazard.
    Section 173.25. In the NPRM, RSPA proposed to revise paragraph (b) 
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). Several commenters stated that they 
supported the proposed change to eliminate the requirement that shrink-
wrapped or stretch-wrapped trays conform to the PG III performance 
requirements. However, several commenters, including The Hazardous 
Materials Advisory Council (HMAC) and the National Paint and Coatings 
Association (NPCA) expressed concern with the text ``Inner packagings 
are not fragile, liable to break or be easily punctured'' and stated 
that this text may need further clarification. The Chemical Specialties 
Manufacturers Association (CSMA) stated that the term ``certain 
plastics'' should be clarified to explain what is and is not 
acceptable. None of the commenters offered any suggested wording. RSPA 
notes that the proposed text is consistent with the text in the UN 
Recommendations and that to clarify what is meant by fragile 
packagings, including ``certain plastics,'' the proposal identifies 
examples of such packagings (namely, ``such as packagings made of 
glass, porcelain, stoneware or certain plastics.''). RSPA also notes 
that the term ``fragile'' is used in Sec. 178.601(g)(2)(i) and that its 
use there has not posed any significant difficulties in interpretation. 
RSPA also received a request to increase the 20 kg gross weight 
limitation. RSPA will consider refinements to this text to further 
clarify the meaning of fragile packaging and for increasing the 20 kg 
gross weight limitation on the basis of specific written proposals and 
may consider them for amendment of international and domestic 
regulations in a future rulemaking.
    Section 173.28. In the NPRM, RSPA proposed to revise paragraph 
(c)(2) and add a new paragraph (c)(5) to authorize the reconditioning 
of packagings other than metal drums. RSPA received comments suggesting 
revisions to clarify the intent of the paragraph. The Association of 
Container Reconditioners (ACR) stated that the proposed changes to 
paragraph (c)(2) do not establish a clear and orderly definition for 
the reconditioning of non-bulk packages, other than steel drums. HMAC 
recommended clarification of the wording ``all components.'' RSPA 
agrees with both commenters and is incorporating the recommended 
editorial changes into this final rule. This revision is consistent 
with amendments adopted in the tenth revised edition of the UN 
Recommendations.
    Section 173.29. In Sec. 173.29(b)(2)(iv)(B), the referenced 
absolute pressure ``less than 276 kPa (40 psia); at 21 deg. C (70 deg. 
F)'' is 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. In the NPRM, RSPA proposed to revise paragraph 
(b)(1) to allow for the internal inspection of IM portable tanks to be 
waived or substituted by other test methods if a leakproofness test is 
performed prior to each filling. One commenter identified an analytical 
method which is used to determine leakage in Teflon PTFE-lined tanks 
and requested that it be authorized. RSPA is familiar with this method 
and has issued an exemption (DOT E-11827) to allow its use in place of 
performing the 2.5 year internal inspection. The procedure is very 
detailed and does not lend itself to incorporation into the 
regulations. To streamline the process of approving other acceptable 
methods, RSPA is providing an approval provision to allow other 
alternative procedures when approved by the Associate Administrator for 
Hazardous Materials Safety.
    Section 173.32c. Paragraph (j) is 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. Also, for 
consistency with the UN Recommendations, the provision excluding non-
flowable solids is broadened to include viscous liquids with a low flow 
rate.
    Section 173.34. RSPA is amending the table in paragraph (e) by 
adding a footnote to indicate that CTC specification cylinders are 
subject to the provisions in Sec. 173.301(i).
    Section 173.35. RSPA proposed in the NPRM to eliminate a provision 
prohibiting the reuse of fiberboard, wooden and some flexible 
intermediate bulk containers (IBCs) but to maintain a restriction 
against the reuse of multiwall paper flexible IBCs (13M1 and 13M2).
    The Association of Container Reconditioners (ACR) in referring to 
paragraph (b)(2), stated that if the required markings are missing, it 
may not be possible for a reuser or reconditioner to be sure how to 
remark the IBC. RSPA maintains that it is the responsibility of the 
reuser or reconditioner to ensure that the IBC is marked correctly and 
if the required markings are no longer legible and cannot be 
established, the IBC no longer qualifies as a UN standard packaging.
    Another commenter expressed concern about permitting the reuse of 
corrugated (fiberboard) IBCs with respect to the degradation of the 
fiberboard due to reuse. As set forth in paragraph (b), each IBC must 
be visually inspected to ensure it is free from corrosion, 
contamination, cracks or other damage which would render the IBC unsafe 
for transportation. If the IBC has damage which would render it unsafe 
for transportation, it is the shipper's obligation to not reuse the 
IBC.
    Based on the foregoing, RSPA is adopting the changes as proposed. 
Also

[[Page 10748]]

see the preamble discussion in Sec. 180.352 concerning IBCs.
    Section 173.56. In paragraphs (b)(2)(i) and (b)(3)(i), the 
reference to a DOD incorporation by reference document is updated by 
removing an outdated edition date. A corresponding change with the 
updated edition date is made under Sec. 171.7.
    Section 173.59. Consistent with amendments adopted in the tenth 
revised edition of the UN Recommendations and consequential amendments 
to the HMT, the word ``commercial'' is deleted from the proper shipping 
names, ``Charges, shaped, commercial, without detonator'' appearing in 
this section.
    Section 173.121. In the NPRM, RSPA proposed to revise paragraph (b) 
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, and has since been removed from the UN 
Recommendations. Although the National Paint and Coatings Association 
(NPCA) supports the revision for viscous flammable liquids, NPCA 
expressed concern that the text is not consistent with international 
standards. Because the UN Recommendations removed the exception, the 
text proposed by RSPA and adopted in this final rule is consistent with 
the tenth revised edition of the UN Recommendations, the 1999-2000 ICAO 
Technical Instructions and Amendment 29 to the IMDG Code. As stated in 
the NPRM, RSPA believes the amendment enhances safety while simplifying 
the classification provisions in Sec. 173.121.
    Section 173.159. In Sec. 173.159(g)(2), RSPA is authorizing 
additional packagings for electrolyte, acid or alkaline corrosive 
battery fluid included with storage batteries and filling kits. RSPA 
received a petition for rulemaking (P-1313) which provided data 
supporting that the corrosive effect of battery fluid on 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 with the commenter and is revising paragraph (g)(2) to read 
``strong, rigid outer packagings'' to authorize the use of steel drums 
and steel boxes. Also, this change eliminates the need for exemption, 
DOT E-10989.
    A commenter requested that in paragraph (c)(6), the minimum Mullen 
test strength of corrugated slip covers be reduced from 200 pounds to 
125 pounds. This request is beyond the scope of this final rule and may 
be considered in a rulemaking in the future.
    Two commenters recommended that RSPA amend the HMR to provide 
additional information on the application of the entry, ``Battery, wet, 
non-spillable,'' UN2800, to enhance consistency with the ICAO Technical 
Instructions and the IMDG Code. Although the requirements applicable 
for non-spillable batteries are currently fairly consistent with those 
in the ICAO Technical Instructions and the IMDG Code, RSPA agrees that 
additional harmonization could be achieved. Considering that the NPRM 
did not address requirements for non-spillable batteries, RSPA is not 
adopting the commenter's suggestion in this final rule. RSPA will take 
this issue into account and consider whether to propose incorporation 
of such changes into the HMR in a future NPRM, or develop proposals to 
the UN Committee of Experts, ICAO or IMO. Persons interested in 
proposing amendments to further harmonize the requirements for non-
spillable batteries are encouraged to provide comments to RSPA with 
specific recommendations.
    Section 173.162. In Sec. 173.162, the packaging requirements for 
gallium are revised to offer shippers a wider selection of packaging 
alternatives while maintaining an adequate level of safety. The 
revision is consistent with the IMDG Code.
    Section 173.164. In Sec. 173.164, in paragraph (a), the limitation 
for quicksilver flasks of not more than 3.5 kg (7.7 pounds) capacity is 
replaced with 35 kg (77 pounds). This action corrects an editorial 
error and brings the quantity in line with ICAO. Paragraph (c) is also 
revised to correct an editorial error by removing the 100 mg. quantity 
limitation for mercury in manufactured articles or apparatuses.
    Section 173.166. Section 173.166 is revised for consistency with 
the new Division 2.2 entry, ``Air bag inflators pyrotechnic or Air bag 
modules pyrotechnic or Seat-Belt pretensioners pyrotechnic.'' Paragraph 
(c) is also revised to clarify that the EX number or product code is 
required to appear on shipping papers only.
    Section 173.196. In Sec. 173.196, paragraph (a)(1)(iii) states 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)(1)(iii), the words ``When 
the primary receptacle contains liquids'' are inserted in the first 
sentence before ``An absorbent material''.
    Section 173.220. RSPA is amending 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 for incorporation in the HMT for internal 
combustion engines and vehicles. For editorial purposes and clarity, 
specific requirements in Sec. 173.306(d) relevant to gas powered 
vehicles and hazardous components installed in vehicles are 
consolidated in this section. In addition, based on a comment received 
from the Air Transport Association, RSPA is allowing self-propelled 
vehicles operated by diesel fuel to be transported by aircraft without 
having to drain the tank. This amendment is consistent with the ICAO 
Technical Instructions.
    Section 173.221. In response to two petitions for rulemaking (P-
1344 and P-1353), RSPA is revising 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. The use of bulk packagings are authorized 
for ``Plastic molding compound in dough, sheet or extruded rope form 
evolving flammable vapor.''
    RSPA received a comment to the NPRM from The Composites Fabricators 
Association requesting that paragraph (a) be revised to include steel 
racks, metal and plastic crates and shrink-wrap on pallets as non-bulk 
packaging authorizations for plastic molding compound in dough, sheet 
or extruded rope form, evolving flammable vapor, when transported on 
dedicated vehicles or freight containers. The commenter reasoned that 
the non-bulk authorizations should include packaging options similar to 
those proposed in the NPRM for bulk

[[Page 10749]]

packages in paragraph (b). The commenter states that the use of steel 
racks, metal or plastic crates, and shrink-wrap on pallets have been 
utilized safely for non-bulk and bulk packagings of plastic molding 
compound for decades and their exclusion from non-bulk authorization 
would place small producers of plastic molding compound at a 
disadvantage to larger producers. RSPA agrees and is revising this 
provision accordingly.
    The commenter also requested that the italicized descriptions from 
the HMT, (i.e., ``evolving flammable vapor'' and ``in dough, sheet or 
extruded rope form evolving flammable vapor'' for plastic molding 
compound) be added to the proper shipping names in paragraphs (a) and 
(b). The commenter stated that omitting the italicized description may 
result in confusion among manufacturers of plastic molding compounds 
that do not evolve flammable vapor. RSPA agrees with the commenter and 
is revising paragraphs (a) and (b) to reflect the clarification.
    Section 173.222. RSPA is removing the current provisions appearing 
in Sec. 173.222 pertaining to wheelchairs transported in commerce. The 
removal of these provisions is consistent with the amendment removing 
the entry for ``Wheel chair, electric'' in the HMT. As stated earlier 
in the preamble discussion to the HMT, an italicized entry is added to 
refer users of the HMR to ``Battery-powered vehicle or Battery-powered 
equipment,'' UN3171. ``Battery-powered vehicle'' and ``Battery-powered 
equipment'' are the proper shipping names used in the ICAO Technical 
Instructions, IMDG Code and UN Recommendations for wheel chair, 
electric. Section 173.222 will contain requirements applicable to the 
new entry, ``Dangerous goods in machinery or Dangerous Goods in 
Apparatus.'' These requirements are consistent with those currently in 
the ICAO Technical Instructions. (Also see preamble discussion under 
the HMT.)
    Section 173.224. RSPA is adding the word ``product'' before the 
word ``evaluation'' in paragraph (c)(3). This change clarifies that the 
exception for samples applies for purposes of shipping products for 
evaluation and not only for hazard classification purposes.
    Section 173.225. In paragraph (b), a new organic peroxide 
formulation is added to the Organic Peroxides table consistent with the 
tenth revised edition of the UN Recommendations. Various entries are 
corrected due to typographical errors. n addition, in line with the 
revision in Sec. 173.224(c)(3), the word ``product'' is inserted before 
the word ``evaluation'' in paragraph (c)(2). In addition, various 
changes are made to correct printing errors.
    Section 173.243. RSPA is adding a new paragraph (e)(3) to authorize 
a material with a Class 8 subsidiary hazard, PG III to be packaged in 
accordance with Sec. 173.242. In the IMDG Code, certain dual hazard 
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, is incorporating this allowance into the 
HMR.
    Section 173.301. RSPA is revising paragraph (i) to clarify that 
non-DOT specification cylinders which are being imported into or 
exported from the U.S. or passing through the U.S., in the course of 
being shipped between places outside the U.S., 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 was not readily apparent in Sec. 173.301(i) which 
resulted in numerous inquiries by users of the HMR.
    This section also is revised to allow use of Canadian Transport 
Commission (CTC) specification cylinders for transportation to, from 
and within the U.S. In the NPRM, based in part on a petition for 
rulemaking submitted by the Compressed Gas Association, Inc. (CGA, P-
1321), RSPA proposed to authorize use of certain Canadian cylinders 
manufactured in conformance with the Canadian Transport of Dangerous 
Goods (TDG) Regulations and marked ``TDG'' or ``CTC.'' The NPRM 
proposed four conditions for use of these cylinders including a 
requirement that the cylinder be marked ``DOT/'' immediately before the 
Canadian specification marking (such as, ``DOT/CTC''). Comments 
supported the proposal authorizing Canadian cylinders to be filled and 
transported to, from and within the U.S. However, several commenters, 
including CGA and the National Welding Supply Association, Inc. (NWSA) 
and Transport Canada were opposed to marking Canadian specification 
cylinders at the time of requalification with a ``DOT'' marking 
preceding the Canadian marking already on the cylinder. They stated 
that a cylinder in full conformance with the TDG Regulations should not 
be required to be marked ``DOT'' and they requested that RSPA allow the 
cylinders to transported in commerce in the U.S. without any additional 
marking.
    Transport Canada stated that ``Canadian cylinders, like DOT 
cylinders, are manufactured worldwide under controlled certification, 
third party approval and retest procedures consistent with RSPA's third 
party approval and retest procedures.'' They also pointed out that 
cylinders manufactured and approved according to the TDG Regulations 
are currently marked ``TC'' and that there are no Canadian cylinders 
marked ``TDG.'' Earlier Canadian manufactured cylinders have the 
markings ``CTC'', ``CRC'' and ``BTC.'' They requested that RSPA 
consider authorizing use of all TC specification packagings, including 
those corresponding to DOT or MC specification markings.
    One commenter stated that because the authorization to use Canadian 
cylinders is included in Sec. 171.12a, as opposed to Part 173 of the 
HMR, the provision falls short of full acceptance of cylinders approved 
by Transport Canada. The commenter stated that the proposed provision 
would not permit the transport of Canadian cylinders from one point in 
the U.S. to another, or transport from the U.S. into Canada.
    On the basis of the comments, RSPA is adopting the proposed 
provisions with several modifications. RSPA is adding the authorization 
to use CTC cylinders in Sec. 173.301, instead of Sec. 171.12a. The 
authorization will allow cylinders marked ``CTC'' and conforming to TDG 
Regulations to be transported to, from and within the U.S. Section 
171.2(d)(1) is amended by adding the letters ``CTC'' to the list of 
specification indications that may not be misrepresented according to 
Sec. 171.2(c). Section 173.34(e) is amended to include the retest 
periods for CTC specification cylinders and to allow these foreign 
cylinders to be excepted from Sec. 173.301(j) when they conform to 
certain conditions. RSPA is not including the requirement to mark 
Canadian specification cylinders at the time of requalification with a 
``DOT'' marking preceding the Canadian marking already on the cylinder. 
To allow time for trade associations to inform retesters and fillers 
about the decisions taken in this rule, RSPA is not

[[Page 10750]]

authorizing immediate voluntary compliance; that is, upon publication 
of this final rule, with the new requirements in Sec. 173.301(i)(2) for 
CTC specification cylinders. RSPA is authorizing use of the new 
requirements applicable to CTC specification cylinders consistent with 
the effective date of the final rule (October 1, 1999).
    RSPA is not authorizing use of CRC and BTC cylinders in 
Sec. 173.301(i). RSPA believes that there is not an overwhelming number 
of cylinders bearing the ``CRC'' or ``BTC'' marks available for 
transport into the U.S. to justify addressing them in Sec. 173.301(i). 
These cylinders were manufactured prior to 1973 and many are no longer 
in service. RSPA is concerned that recognizing these additional marks 
would unnecessarily complicate the cylinder specification marking 
system used in the U.S. In addition, RSPA is not authorizing the use of 
TC specification cylinders in this final rule because they are marked 
with the service pressure in metric units according to the Canadian TDG 
Regulations. RSPA is concerned that the metric marking on these 
cylinders would be confusing for U.S. retesters and refillers. RSPA 
proposed the adoption of four new metric-marked DOT cylinder 
specifications in a proposed rule (HM-220; 63 FR 58469) published 
October 30, 1998. RSPA may consider authorizing the use of TC cylinders 
once certain issues are addressed, such as the training and education 
for retesters and fillers, and the differences in marking requirements 
for TC cylinders and those for the proposed new DOT specification 
cylinders. The decisions taken in this rule are not intended to and do 
not impact the continued acceptance of Canadian or U.S. cylinders which 
are dual marked ``CTC'' and ``DOT'' to indicate that they conform to 
the requirements of the TDG Regulations and the HMR.
    Section 173.306. RSPA received several comments pertaining to the 
NPRM's proposal to include an exception in Sec. 173.306(f) for 
accumulators intended to function as shock absorbers, struts, gas 
springs, pneumatic springs or other energy absorbing devices. In the 
NPRM, RSPA proposed to except the accumulators from the requirements of 
the HMR, if they meet certain conditions. The majority of commenters 
supported the exception and complimented RSPA for harmonizing the HMR 
with the UN Recommendations. The American Automobile Manufacturers 
Association (AAMA) stated that efficiencies and cost savings will be 
realized by adopting the exception. One commenter suggested a change to 
the exception, as proposed in the NPRM, by requesting that the minimum 
burst pressure for pressurized accumulators be changed to three times 
the charge pressure. The commenter provided no technical details or 
safety justification for the alternative requirement, other than to 
claim that an industry standard specifies a safety factor of two times 
the charge pressure. The commenter also stated that the proposed 
exception will not effect the exemption, DOT E 8786. RSPA points out 
that the exemption does not authorize a minimum burst pressure of three 
times the charge pressure. On the contrary, the exemption specifies 
burst pressures consistent with those proposed in the NPRM.
    Based on the foregoing, RSPA is adopting, as proposed, the new 
accumulator exception by adding a new paragraph (f)(4). This amendment 
is consistent with Special Provision 283 in the tenth revised edition 
of the UN Recommendations, as modified in a petition from the AAMA, (P-
1335). RSPA also is adopting, as proposed, an approval provision to 
allow accumulators not conforming to the provisions of the new 
exception parameters to be considered by RSPA under its approvals 
program. In addition, the provisions in paragraphs (d)(1), (d)(2), 
(d)(3) and (d)(4) are relocated to the revised Sec. 173.220 and the 
subparagraphs are removed.

Part 174

    Section 174.81. The paragraph (f) Compatibility Table for Class 1 
(Explosive) Materials is revised to allow Compatibility Group G to be 
loaded and transported with Compatibility Groups C, D and E under 
certain conditions. This allowance is consistent with the 
Sec. 176.144(a) Table for Authorized Mixed Stowage for Explosives 
aboard vessels and with the IMDG Code. RSPA is revising the 
Sec. 177.848 Compatibility Table to reflect the same allowance.
    Section 174.680. Paragraph (b) is 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 is removed and replaced by a reference to a 
modified POISON label displaying ``PG III'' text, or a ``PG III'' 
marking placed immediately adjacent to the POISON label.

Part 175

    Section 175.630. Paragraph (a) is amended by removing the reference 
to the KEEP AWAY FROM FOOD label.

Part 176

    Section 176.76. A new paragraph (i) is added, consistent with 
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) are revised and a 
new paragraph (a)(10) is added to clarify segregation requirements 
aboard vessels. In addition, in the Sec. 176.83(g) Segregation Table 
for the segregation requirement ``Away From,'' ``No restriction'' for 
``Open versus open--On deck'' is revised to read ``At least 3 meters.'' 
These changes are consistent with Amendment 29 of the IMDG Code.
    Section 176.600. This section is 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,'' or a ``PG III'' 
marking adjacent to the POISON label, must be stowed away from living 
quarters, ventilation ducts serving living quarters and separated from 
foodstuffs. This stowage requirement does not apply when hazardous 
materials and foodstuffs are stowed in different closed transport 
units.

Part 177

    Section 177.841. Paragraph (e)(3) is revised to specify 
requirements for separating Division 6.1, PG III materials from 
foodstuffs, consistent with provisions in Sec. 177.848. However, a 
package containing a Division 6.1, PG III material and bearing either a 
primary or subsidiary POISON hazard warning label with text displaying 
``PG III,'' or an adjacent ``PG III'' marking, may be transported on 
the same vehicle as foodstuffs if separated to prevent commingling.
    Section 177.848. In paragraph (f), the Compatibility Table for 
Class 1 (Explosive) Materials is revised to allow Compatibility Group C 
to be loaded and transported on the same vehicle with Compatibility 
Groups C, D and E under certain conditions. This allowance is 
consistent with the wording in the Sec. 176.144(a) Table for Authorized 
Mixed Stowage for Explosives aboard vessels and in the IMDG Code. RSPA 
is also revising the Sec. 174.81 Compatibility Table to reflect the 
same allowance.

Part 178

    Section 178.270-3. In paragraph (e), a reference to ISO 82-1974(E) 
Steels-Tensile Testing is revised to correct a printing error.
    Section 178.509. As proposed in the NPRM, paragraph (b) is amended 
to

[[Page 10751]]

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. The Association of Container Reconditioners 
(ACR) expressed their support of the general goal of encouraging 
greater reuse of recycled plastic in new drums. However, ACR believes 
the proposal, as presented, is inadequate and that RSPA is ignoring 
action taken by the UN Committee of Experts, creating a significant 
burden on the approvals process, and possibly creating supply and 
demand imbalances. RSPA believes that at the present time, the use of 
recycled plastics should only be allowed under an approval process. 
RSPA believes additional experience data is needed to support 
introduction of specific provisions for its use into the HMR.
    Also, due to a typographical error in paragraph (b) in the NPRM, 
the word ``when'' is corrected to read ``unless.''
    Section 178.703. Under Docket HM-215B (62 FR 24743), RSPA added a 
requirement to Sec. 178.703(b)(6)(ii) which stated, ``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 and 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 
identify this requirement as applying only to parts intended to be 
detached for dismantling. RSPA is incorporating this text into the HMR 
in response to concerns raised by industry regarding the costs 
associated with applying the existing HMR marking requirements.
    Section 178.813. RSPA is revising paragraph (b) to provide for the 
inner receptacle of a composite IBC to 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 the NPRM, in paragraph (b), RSPA proposed to 
relocate to Sec. 173.35, a requirement that a person must perform a 
visual inspection prior to filling an IBC. The periodic leakproofness 
test and visual inspection requirements were proposed to be retained in 
paragraphs (b)(1) and (b)(2). In paragraph (b)(3), consistent with the 
changes in Sec. 173.35, RSPA proposed to allow the reuse of rigid 
plastic and composite IBCs, to require that they must also be 
internally inspected at least every five years. This is consistent with 
paragraph 6.5.1.6.4 of the UN Recommendations.
    RSPA proposed 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.
    Two commenters supported the proposal, but were concerned that IBCs 
may be reused when they are not fully capable of withstanding 
transportation rigors. The commenters requested RSPA to establish 
specific inspection criteria. In response to these comments, RSPA 
points out that inspection criteria were proposed in the NPRM and are 
adopted in this final rule. However, if industry develops concensus 
standards with more detailed and specific inspection criteria for 
determining the adequacy of various types of IBCs for reuse, RSPA will 
consider incorporating such standards in the HMR in a future 
rulemaking.
    ACR also recommended that RSPA revise the definition of IBC design 
type to permit replacement of inner receptacles of composite IBCs with 
receptacles manufactured by companies other than the original 
manufacturer, as well as replacement of service and structural 
equipment. This is beyond the scope of this final rule and should be 
proposed to RSPA in a petition for rulemaking. However, as stated in 
current Sec. 178.801(c)(7)(iv), a packaging that differs in service 
equipment is not considered to be a new design type.
    The Rigid Intermediate Bulk Container Association (RIBCA) 
recommended that RSPA include provisions for the maintenance of 
serviceable IBCs, as well as the repair of damaged IBCs. This issue 
also is beyond the scope of this final rule and may be addressed in a 
separate rulemaking.
    Based on the foregoing, RSPA is adopting the changes as proposed. 
(Also see preamble discussion under Sec. 173.35.)

V. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. The 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 final 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 final rule addresses covered subjects under items i, ii, iii 
and v above and, 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 final rule incorporates changes introduced in the tenth 
revised edition of the UN Recommendations, the 1997-98 ICAO Technical 
Instructions, and Amendment 29 to the IMDG Code. (The

[[Page 10752]]

ICAO Technical Instructions and the IMDG Code were updated in a final 
rule, published October 29, 1998 [Docket HM-215C; 63 FR 44312].) It 
applies to offerors and carriers of hazardous materials and will 
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 in this final rule are not 
adopted. The changes are intended to avoid this result. The costs 
associated with this final rule are considered to be so minimal as to 
not warrant preparation of a regulatory impact analysis or regulatory 
evaluation. In contrast, the majority of 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 final rule 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 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 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 in this final rule 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 
authorization to allow use of recycled plastic materials when approved 
by the Associate Administrator for Hazardous Materials Safety, the 
relaxation of filling requirements for IM portable tanks, the 
authorization to use steel packages for batteries and the 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 amendments. Therefore, I 
certify that this final rule will not, if promulgated, have a 
significant economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

    The requirements for information collection have been approved by 
the Office of Management and Budget (OMB) under 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 final 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 amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

Sec. 171.2  [Amended]

    2. In Sec. 171.2, in paragraph (d)(1), the wording `` `MC,' or 
`UN';'' is removed and `` `CTC,' `MC,' or `UN';'' is added in its 
place.


Sec. 171.7  [Amended]

    3. 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 ``Fireworks 
and Novelties'' is revised to read ``Fireworks, Novelties, and 
Theatrical Pyrotechnics'' and the wording ``April 1993 Edition'' is 
revised to read ``January 23, 1998 version''.
    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'' is revised to read ``ASTM D 56-
97a''.

[[Page 10753]]

    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 ``Closed Tester'' is revised to 
read ``Closed Cup Tester'' and the wording ``ASTM 93-94'' is revised to 
read ``ASTM D 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 word ``Setaflash'' is revised to 
read ``Small Scale'' and the wording ``ASTM D 3278-95'' is 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'' is 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 number A8020.8'' is 
revised to read 8020.8B'' and the wording ``Procedure, December 1989'' 
is revised to read ``Procedures, January 1998''.
    g. Under ``International Organization for Standardization'', a new 
entry ``ISO 8115 Cotton bales--Dimensions and density, 1986 Edition'' 
is added in alpha-numeric order in the first column and the reference 
``172.102'' is added in the second column.
    h. Under ``United Nations'', for the entry ``UN Recommendations on 
the Transport of Dangerous Goods, Ninth Revised Edition (1995)'', the 
wording ``Ninth Revised Edition (1995)'' is revised to read ``Tenth 
Revised Edition (1997)'' and in the second column, the reference 
A172.519;'' is removed.
    i. 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 ``172.102,'' is added immediately 
before ``173.21''.
    4. In Sec. 171.8, the following definitions are revised to read as 
follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    N.O.S. means not otherwise specified.
    N.O.S. description means a shipping description from the 
Sec. 172.101 table which includes the abbreviation n.o.s.
* * * * *


Sec. 171.11  [Amended]

    5. In Sec. 171.11, in paragraph (d)(14), the wording ``An aerosol'' 
is removed and ``Except as provided for limited quantities of 
compressed gases in containers of not more than 4 fluid ounces capacity 
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its 
place.


Sec. 171.12  [Amended]

    6. In Sec. 171.12, in paragraph (b)(17), the wording ``An aerosol'' 
is removed and ``Except as provided for limited quantities of 
compressed gases in containers of not more than 4 fluid ounces capacity 
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its 
place.


Sec. 171.12a  [Amended]

    7. in Sec. 171.12a, in paragraph (b)(16), the wording ``An 
aerosol'' is removed and ``Except as provided for limited quantities of 
compressed gases in containers of not more than 4 fluid ounces capacity 
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its 
place.
    8. In Sec. 171.14, paragraph (d) introductory text and paragraph 
(d)(1) are revised and paragraph (d)(3) is added to read as follows:


Sec. 171.14  Transitional provisions for implementing certain 
requirements.

* * * * *
    (d) A final rule published in the Federal Register on March 5, 
1999, effective October 1, 1999, resulted in revisions to this 
subchapter. During the transition period provided in paragraph (d)(1) 
of this section, a person may elect to comply with either the 
applicable requirements of this subchapter in effect on September 30, 
1999, or the requirements of this subchapter in the March 5, 1999 final 
rule, in effect on October 1, 1999.
    (1) Transition dates. The effective date of the March 5, 1999 final 
rule is October 1, 1999. A delayed compliance date of October 1, 2000 
is authorized. On October 1, 2000, all applicable regulatory 
requirements adopted in the March 5, 1999 final rule in effect on 
October 1, 1999 must be met.
* * * * *
    (3) Until October 1, 2003, the KEEP AWAY FROM FOOD labeling and 
placarding requirements in effect on September 30, 1999, 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, the following changes are made:
    a. In the table in paragraph (b), in Column 1, the entry ``Division 
6.1, PG I and II (other than Zone A or B inhalation hazard)'' is 
revised to read ``Division 6.1, PG I (other than Zone A or B inhalation 
hazard), PG II, or PG III''.
    b. In the table in paragraph (b), the entry ``Division 6.1, PG 
III'' is removed.
    c. In paragraph (d)(2), in the first sentence, the wording ``in 
effect on September 30, 1997, or new requirements of this subchapter in 
the May 6, 1997 rule, in effect on October 1, 1997,'' is removed and 
``in effect on September 30, 1999, or new requirements of this 
subchapter in the March 5, 1999 final rule, in effect on October 1, 
1999,'' is added in its place.

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

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

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

    11. In Sec. 172.101, paragraph (b) introductory text is revised, 
paragraphs (b)(4) and (b)(5) are redesignated as paragraphs (b)(5) and 
(b)(6) respectively, and a new paragraph (b)(4) is 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'', ``G'', ``I'' and ``W'' as follows:
* * * * *
    (4) The letter ``G'' identifies proper shipping names for which one 
or more technical names of the hazardous material must be entered in 
parentheses, in association with the basic description. (See 
Sec. 172.203(k).)
* * * * *


Sec. 172.101  [Amended]

    12. In addition, in Sec. 172.101, in paragraph (g), in the Label 
Substitution Table, the following changes are made:
    a. In Column 1, the language ``6.1 (I or II, other than Zone A or B 
inhalation hazard)'' is revised to read ``6.1 (other than inhalation 
hazard, Zone A or B)''.
    b. The entry ``6.1 (III)\2\'' is removed.
    13. In Sec. 172.101, the Hazardous Materials Table is 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 10754]]



                                                                                                Sec.  172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                     Hazardous                                                                                                         (8) Packaging (Sec.  173.* * *)          (9)  Quantity limitations        (10) Vessel stowage
                     materials                                                                                                 ---------------------------------------------------------------------------------------------------------
    Symbols       descriptions and   Hazard class    Identification         PG           Label codes       Special provisions
                  proper shipping     or division        numbers                                                                  Exceptions      Non-bulk          Bulk        Passenger        Cargo         Location        Other
                       names                                                                                                                                                  aircraft/rail  aircraft only
(1)              (2)..............  (3)...........  (4).............  (5)...........  (6)..............  (7)..................  (8A).........  (8B)..........  (8C).........  (9A).........  (9B).........  (10A)........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 [REMOVE]
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Acetic acid
                  solution, with
                  more than 10
                  percent but not
                  more than 80
                  percent acid, by
                  mass (UN2790)
                  (PG II).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Air bag inflators
                  or Air bag
                  modules or Seat-
                  belt pre-
                  tensioners.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Alkali metal
                  amalgams.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Amyl alcohols (PG
                  II, III).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Automobile,
                  motorcycle,
                  tractor, or
                  other self-
                  propelled
                  vehicle, engine,
                  or other
                  mechanical
                  apparatus. see
                  Engines or
                  Battery etc.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Battery, wet,
                  with wheelchair,
                  see Wheelchair,
                  electric.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Benzoic
                  derivative
                  pesticides,
                  liquid,
                  flammable,
                  toxic, flash
                  point less than
                  23 degrees C.
                  (UN2770) (PG I,
                  II).

[[Page 10755]]

 
                 Benzoic
                  derivative
                  pesticides,
                  liquid, toxic.
                  (UN 3004) (PG I,
                  II, III).
                 Benzoic
                  derivative
                  pesticides,
                  liquid, toxic,
                  flammable,
                  flashpoint not
                  less than 23
                  degrees C. (UN
                  3003) (PG I, II,
                  III).
                 Benzoic
                  derivative
                  pesticides,
                  solid, toxic (UN
                  2769) (PG I, II,
                  III).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Charges, shaped,
                  commercial,
                  without
                  detonator (UN
                  0059).
                 Charges, shaped,
                  commercial,
                  without
                  detonator (UN
                  0439).
                 Charges, shaped,
                  commercial
                  without
                  detonator (UN
                  0440).
                 Charges, shaped,
                  commercial
                  without
                  detonator (UN
                  0441).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Dithiocarbamate
                  pesticides,
                  liquid,
                  flammable,
                  toxic, flash
                  point less than
                  23 degrees C.
                  (UN 2772) (PG I,
                  II).
                 Dithiocarbamate
                  pesticides,
                  liquid, toxic
                  (UN 3006) (PG I,
                  II, III).
                 Dithiocarbamate
                  pesticides,
                  liquid, toxic,
                  flammable,
                  flashpoint not
                  less than 23
                  degrees C. (UN
                  3005) (PG I, II,
                  III).
                 Dithiocarbamate
                  pesticides,
                  solid, toxic (UN
                  2771) (PG I, II,
                  III).
 

[[Page 10756]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 Elevated
                  temperature
                  liquid, n.o.s.,
                  at or above 100
                  C and below its
                  flash point
                  (UN3257).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 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).
 

[[Page 10757]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 Nitroglycerin
                  mixture with
                  more than 2
                  percent but not
                  more than 10
                  percent
                  nitroglycerin,
                  by mass,
                  desensitized.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 2,5-Norbornadiene
                  or Bicyclo
                  [2,2,1]hepta-2,5-
                  diene, inhibited.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Octyl aldehydes,
                  flammable.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Phenoxy
                  pesticides,
                  liquid,
                  flammable,
                  toxic, flash
                  point less than
                  23 degrees C.
                  (PG I, II).
                 Phenoxy
                  pesticides,
                  liquid toxic (PG
                  I, II, III).
                 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).

[[Page 10758]]

 
                 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,
                  flashpoint not
                  less than 23
                  degrees C. (PG
                  I, II, III).
                 Phthalimide
                  derivative
                  pesticides,
                  solid, toxic (PG
                  I, II, III).
 
                                                           *                  *                  *                  *                  *                  *                  *
A W              Polychlorinated
                  biphenyls.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Pyrophoric
                  organometallic
                  compound, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
D                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).
 

[[Page 10759]]

 
                                                           *                  *                  *                  *                  *                  *                  *
A D              Wheel chair,
                  electric
                  (spillable or
                  non-spillable
                  type batteries).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 [ADD:]
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Acetic acid        8.............  UN2790..........  II............  8................  A3, A6, A7, A10, B2,   154..........  202...........  242..........  1 L..........  30 L.........  A
                  solution, not                                                                           T8.
                  less than 50
                  percent but not
                  more than 80
                  percent acid, by
                  mass.
                 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.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Air bag            2.2...........  UN3353..........  ..............  2.2..............  133..................  166..........  166...........  166..........  75 kg........  150 kg.......  A
                  inflators,
                  compressed gas
                  or Air bag
                  modules,
                  compressed gas
                  or Seat-belt
                  pretensioners,
                  compressed gas.
                 Air bag            9.............  UN3268..........  III...........  9................  .....................  166..........  166...........  166..........  25 kg........  100 kg.......  A
                  inflators,
                  pyrotechnic or
                  Air bag modules,
                  pyrotechnic or
                  Seat-belt
                  pretensioner,
                  pyrotechnic.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Alkali metal       4.3...........  UN1389..........  I.............  4.3..............  A2, A3, N34..........  None.........  201...........  244..........  Forbidden....  1 L..........  D............  40
                  amalgam, liquid.
                 Alkali metal       4.3...........  UN1389..........  I.............  4.3..............  B101, B106, N40......  None.........  211...........  242..........  Forbidden....  15 kg........  D
                  amalgam, solid.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Automobile,
                  motorcycle,
                  tractor, other
                  self-propelled
                  vehicle, engine,
                  or other
                  mechanical
                  apparatus, see
                  Vehicles or
                  Battery etc.
G                Aviation           9.............  UN3334..........  ..............  9................  A35..................  155..........  204...........  .............  No limit.....  No limit.....  A
                  regulated
                  liquid, n.o.s.
G                Aviation           9.............  UN3335..........  ..............  9................  A35..................  155..........  204...........  .............  No limit.....  No limit.....  A
                  regulated solid,
                  n.o.s.
 

[[Page 10760]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 Bicyclo [2,2,1]    3.............  UN2251..........  II............  3................  .....................  150..........  202...........  242..........  5 L..........  60 L.........  D
                  hepta-2, 5-
                  diene, inhibited
                  or 2,5-Norbor-
                  nadiene,
                  inhibited.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Bromopropanes....  3.............  UN2344..........  III...........  3................  T2...................  150..........  203...........  242..........  60 L.........  220 L........  A
 
                                                           *                  *                  *                  *                  *                  *                  *
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Charges, shaped,   1.1D..........  UN0059..........  II............  1.1D.............  .....................  None.........  62............  None.........  Forbidden....  Forbidden....  B............
                  without
                  detonator.
                 Charges, shaped,   1.2D..........  UN0439..........  II............  1.2D.............  .....................  None.........  62............  None.........  Forbidden....  Forbidden....  B............
                  without
                  detonator.
                 Charges, shaped,   1.4D..........  UN0440..........  II............  1.4D.............  .....................  None.........  62............  None.........  Forbidden....  75...........  A............  24E
                  without
                  detonator.
                 Charges, shaped,   1.4S..........  UN0441..........  II............  1.4S.............  .....................  None.........  62............  None.........  25 kg........  100 kg.......  A
                  without
                  detonator.
 
                                                           *                  *                  *                  *                  *                  *                  *
D                Dangerous Goods    ..............  NA8001..........  ..............  .................  136..................  None.........  222...........  None.........  No limit.....  No limit.....  A
                  in Machinery or
                  Dangerous Goods
                  in Apparatus.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Dyes, solid,       8.............  UN3147..........  1.............  8................  .....................  None.........  211...........  242..........  1 kg.........  25 kg........  A
                  corrosive,
                  n.o.s. or Dye
                  intermediates,
                  solid,
                  corrosive, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Elevated           9.............  UN3257..........  III...........  9................  T1...................  None.........  None..........  247..........  Forbidden....  Forbidden....  A............  85
                  temperature
                  liquid, n.o.s.,
                  at or above 100
                  C and below its
                  flash point
                  (including
                  molten metals,
                  molten salts,
                  ect.).
 
                                                           *                  *                  *                  *                  *                  *                  *
 

[[Page 10761]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 Engines, internal  9.............  UN3166..........  ..............  9................  135..................  220..........  220...........  220..........  Forbidden....  No limit.....  A
                  combustion,
                  flammable gas
                  powered.
                 Engines, internal  9.............  UN3166..........  ..............  9................  135..................  220..........  220...........  220..........  No limit.....  No limit.....  A
                  combustion,
                  flammable liquid
                  powered.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Flammable solid,   4.1...........  UN3097..........  II............  4.1, 5.1.........  131..................  None.........  214...........  214..........  Forbidden....  Forbidden....  E............  40
                  oxidizing, n.o.s.
G                .................  ..............  ................  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).
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Hydrocarbon gas    2.1...........  UN1964..........  ..............  2.1..............  .....................  306..........  302...........  314, 315.....  Forbidden....  150 kg.......  E............  40
                  mixture,
                  compressed,
                  n.o.s.
G                Hydrocarbon gas    2.1...........  UN1965..........  ..............  2.1..............  .....................  306..........  304...........  314, 315.....  Forbidden....  150 kg.......  E............  40
                  mixture,
                  liquefied, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Insecticide        2.1...........  UN3354..........  ..............  2.1..............  .....................  306..........  304...........  314, 315.....  Forbidden....  150 kg.......  D............  40
                  gases,
                  flammable, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
G.               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.
G                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.
G                Insecticide        2.3...........  UN3355..........  ..............  2.3, 2.1.........  3, B14...............  None.........  302, 305......  314, 315.....  Forbidden....  Forbidden....  D
                  gases, toxic,
                  flammable,
                  n.o.s.
                  Inhalation
                  hazard Zone C.
G                Insecticide gases  2.3...........  UN3355..........  ..............  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 gross...  35 kg gross..  A              .............
                  packed with
                  equipment.
 

[[Page 10762]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 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, T30.....  150..........  203...........  241..........  60 L.........  220 L........  B............  95
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Metal alkyl        4.2...........  UN3049..........  I.............  4.2, 4.3.........  B9, B11, T28, T29,     None.........  181...........  244..........  Forbidden....  Forbidden....  D              .............
                  halides, water-                                                                         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, T29,     None.........  181...........  244..........  Forbidden....  Forbidden....  D              .............
                  hydrides, water-                                                                        T40.
                  reactive, n.o.x.
                  or Metal aryl
                  hydrides, water-
                  reactive, n.o.s..
                 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..................  None.........  214...........  None.........  Forbidden....  Forbidden....  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..
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Octyl aldehydes..  3.............  UN1191..........  III...........  3................  B1, T1...............  150..........  203...........  242..........  60 L.........  220 L........  A              .............
 

[[Page 10763]]

 
                                                           *                  *                  *                  *                  *                  *                  *
                 Pentaerythrite     4.1...........  UN3344..........  II............  4.1..............  118..................  None.........  214...........  None.........  Forbidden....  Forbidden....  E............  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      3.............  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..........  60 L.........  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, 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........  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
 
                                                           *                  *                  *                  *                  *                  *                  *
A, W...........  Polychlorinated    9.............  UN2315..........  II............  9................  9, 81................  155..........  202...........  241..........  100 L........  220 L........  A............  34
                  biphenyls,
                  liquid.
A, W...........  Polychlorinated    9.............  UN2315..........  II............  9................  9, 81................  155..........  212...........  240..........  100 kg.......  200 kg.......  A............  34
                  biphenyls, solid.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Pyrethroid         3.............  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........  A............  40

[[Page 10764]]

 
                 Pyrethroid         6.1...........  UN3351..........  I.............  6.1, 3...........  T24, T26.............  None.........  201...........  243..........  1 L..........  30 L.........  B............  40
                  pesticide,
                  liquid,
                  flammable,
                  toxic,
                  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,
                  soild, toxic.
                                                                      II............  6.1..............  .....................  153..........  212...........  242..........  25 kg........  100 kg.......  A............  40
                                                                      III...........  6.1..............  .....................  153..........  213...........  230..........  100 kg.......  200 kg.......  A............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Pyrophoric         4.2...........  UN3203..........  I.............  4.2, 4.3.........  T28, T40.............  None.........  187...........  242..........  Forbidden....  Forbidden....  D              .............
                  organometallic
                  compound, water-
                  reactive, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 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.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Thiocarbamate      3.............  UN2772..........  I.............  3, 6.1...........  .....................  None.........  201...........  243..........  Forbidden....  30 L.........  B............  40
                  pesticide,
                  liquid,
                  flammable,
                  toxic, flash
                  point less than
                  23 degrees C .
                                                                      II............  3, 6.1...........  .....................  None.........  202...........  243..........  1 L..........  60 L.........  B............  40
                 Thiocarbamate      6.1...........  UN3006..........  I.............  6,1..............  T42..................  None.........  201...........  243..........  1 L..........  30 L.........  B............  40
                  pesticide,
                  liquid, toxic.
                                                                      II............  6.1..............  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  B............  40
                                                                      III...........  6.1..............  T14..................  153..........  203...........  241..........  60 L.........  220 L........  A............  40
                 Thiocarbamate      6.1...........  UN3305..........  I.............  6.1, 3...........  T42..................  None.........  201...........  243..........  1 L..........  30 L.........  B............  40
                  pesticides,
                  liquid,
                  flammable,
                  toxic, flash
                  point not less
                  than 23 degrees
                  C .
                                                                      II............  6.1, 3...........  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  B............  40
                                                                      III...........  6.1, 3...........  T13..................  153..........  203...........  242..........  60 L.........  220 L........  A............  40
                 Thiocarbamate      6.1...........  UN2771..........  I.............  6.1..............  .....................  None.........  211...........  242..........  5 kg.........  50 kg........  A............  40
                  pesticides,
                  solid, toxic.
                                                                      II............  6.1..............  .....................  None.........  212...........  242..........  25 kg........  100 kg.......  A............  40

[[Page 10765]]

 
                                                                      III...........  6.1..............  .....................  153..........  213...........  240..........  100 kg.......  200 kg.......  A............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Thiourea dioxide.  4.2...........  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.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Wheel chair,         ............    ..............    ............    ...............    ...................    ...........    ............    ...........    ...........    ...........    ...........
                  electric, see
                  Battery powered
                  vehicle or
                  Battery powered
                  equipment.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Xanthates........  42............  UN3342..........  II............  4.2..............  .....................  None.........  212...........  241..........  15kg.........  50kg.........  D............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
                                                                      III...........  4.2..............  .....................  None.........  213...........  241..........  25kg.........  100kg........  D............  40
                 [REVISE:]
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Acetonitrile.....  3.............  UN1648..........  II............  3................  T14..................  150..........  202...........  242..........  5L...........  60L..........  B............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Aerosols,          2.1...........  UN1950..........  ..............  2.1..............  N82..................  306..........  None..........  None.........  Forbidden....  150kg........  A............  40, 48, 85
                  flammable,
                  n.o.s. (engine
                  starting fluid)
                  (each not
                  exceeding 1 L
                  capacity).
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Alkaline earth     4.2...........  UN3205..........  III...........  4.2..............  65...................  None.........  213...........  241..........  25kg.........  100kg........  B              .............
                  metal
                  alcoholates,
                  n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Aluminum alkyl     4.2...........  UN3052..........  I.............  4.2, 4.3.........  B9, B11, T28, T29,     None.........  181...........  244..........  Forbidden....  Forbidden....  D              .............
                  halides.                                                                                T40.
                 Aluminum alkyl     4.2...........  UN3076..........  I.............  4.2, 4.3.........  B9, B11, T28, T29,     None.........  181...........  244..........  Forbidden....  Forbidden....  D              .............
                  hydrides.                                                                               T40.
                 Aluminum alkyls..  4.2...........  UN3051..........  I.............  4.2, 4.3.........  B9, B11, T28, T29,     None.........  181...........  244..........  Forbidden....  Forbidden....  D              .............
                                                                                                          T40.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Aminophenols (o-;  6.1...........  UN2512..........  III...........  6.1..............  TI...................  153..........  213...........  240..........  100 kg.......  200 kg.......  A              .............
                  m-; p).
 

[[Page 10766]]

 
                                                           *                  *                  *                  *                  *                  *                  *
A, W             Ammonium nitrate   9.............  UN2071..........  III...........  9................  132..................  155..........  213...........  240..........  200 kg.......  200 kg.......  A              .............
                  fertilizers:
                  uniform non-
                  segregating
                  mixtures of
                  nitrogen/
                  phosphate or
                  nitrogen/postash
                  types or
                  complete
                  fertilizers of
                  nitrogen/
                  phosphate/
                  postash type,
                  with not more
                  than 70 percent
                  ammonium nitrate
                  and not more
                  than 0.4 percent
                  total added
                  combustible
                  material or with
                  not more than 45
                  percent ammonium
                  nitrate with
                  unrestricted
                  combustible
                  material.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Articles,          1.4C..........  UN0351..........  II............  1.4C.............  101..................  None.........  62............  None.........  Forbidden....  75 kb........  A............  24E
                  explosive, n.o.s.
G                Articles,          1.4D..........  UN0352..........  II............  1.4D.............  101..................  None.........  62............  None.........  Forbidden....  75 kg........  A............  24E
                  explosive, n.o.s.
G                Articles,          1.4G..........  UN0353..........  II............  1.4G.............  101..................  None.........  62............  None.........  Forbidden....  75 kg........  A............  24E
                  explosive, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Batteries, wet,    8.............  UN2794..........  III...........  8................  .....................  159..........  159...........  159..........  30 kg gross..  No limit.....  A              .............
                  filed with acid,
                  electric storage.
                 Batteries, wet,    8.............  UN2795..........  III...........  8................  .....................  159..........  159...........  159..........  30 kg gross..  No limit.....  A              .............
                  filed with acid,
                  electric storage.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Batteries, dry,    ..............  ................  ..............  .................  130..................  .............  ..............  .............  .............  .............  .............  .............
                  not subject to
                  the requirements
                  of this
                  subchapter .
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Battery-powered    9.............  UN3171..........  ..............  9................  134..................  220..........  220...........  None.........  No limit.....  No limit.
                  vehicle or
                  Battery-powered
                  equipment.

[[Page 10767]]

 
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Bromine or         8.............  UN1744..........  I.............  8, 6.1...........  1, A3, A6, B9, B64,    None.........  226...........  249..........  Forbidden....  Forbidden....  .............  12, 40, 66,
                  Bromine                                                                                 B85, N34, N43, T18,                                                                                               74, 89, 90
                  solutions.                                                                              T41.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Chlorodinitrobenz  6.1...........  UN1577..........  II............  6.1..............  T14..................  None.........  212...........  242..........  25 kg........  100 kg         A............  91
                  enes.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Chlorosilanes,     8.............  UN2987..........  II............  8................  B2, T14, T26.........  154..........  202...........  242..........  1 L..........  30 L.........  C............  40
                  corrosive, n.o.s.
                 Chlorosilanes,     3.............  UN2985..........  II............  3, 8.............  B100, T17, T26.......  None.........  201...........  243..........  1 L..........  5 L..........  B............  40
                  flammable,
                  corrosive, n.o.s.
                 Chlorosilanes,     4.3...........  UN2988..........  I.............  4.3,3,8..........  A2, T18, T26.........  None.........  201...........  244..........  Forbidden....  1 L..........  D............  21, 28, 40,
                  water-reactive,                                                                                                                                                                                           49, 100
                  flammable,
                  corrosive, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
D, W             Cotton...........  9.............  NA1365..........  ..............  9................  137, W41.............  None.........  None..........  None.........  No limit.....  No limit.....  A              .............
A, W             Cotton waste,      4.2...........  UN1364..........  III...........  4.2..............  .....................  None.........  213...........  None.........  Forbidden....  Forbidden....  A............  54
                  oily.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Detonator          1.4S..........  UN0500..........  II............  1.4S.............  .....................  63(f), 63(g).  62............  None.........  25 kg........  100 kg.......  A              .............
                  assemblies, non-
                  electric for
                  blasting.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Detonators,        1.4S..........  UN0456..........  II............  1.4S.............  .....................  63(f), 63(g).  62............  None.........  25 kg........  100 kg.......  A              .............
                  electric for
                  blasting.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Detonators for     1.4S..........  UN0366..........  II............  1.4S.............  .....................  None.........  62............  None.........  25 kg........  100 kg.......  A              .............
                  ammunition.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Detonators, non-   1.4S..........  UN0455..........  II............  1.4S.............  .....................  63(f), 63(g).  62............  None.........  25 kg........  100 kg.......  A              .............
                  electric for
                  blasting.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Dichloroamilines,  6.1...........  UN1590..........  II............  6.1..............  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  A............  40
                  liquid.
+                Dichloroanilines,  6.1...........  UN1590..........  II............  6.1..............  T14..................  None.........  212...........  242..........  25 kg........  100 kg.......  A............  40
                  solid.
+                o-Dichlorobenzene  6.1...........  UN1591..........  III...........  6.1..............  T7...................  153..........  203...........  241..........  60 L.........  220 L........  A              .............
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Dichlorophenyl     6.1...........  UN2250..........  II............  6.1..............  .....................  None.........  212...........  242..........  25 kg........  100 kg.......  B............  25, 40, 48
                  isocyanates.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                N, N-              6.1...........  UN2432..........  III...........  6.1..............  T2...................  153..........  203...........  241..........  60 L.........  220 L........  A              .............
                  Diethylaniline.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Diethylzinc......  4.2...........  UN1366..........  I.............  4.2, 4.3.........  B11, T28, T40........  None.........  181...........  244..........  Forbidden....  Forbidden....  D............  18
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Dimethylzinc.....  4.2...........  UN1370..........  I.............  4.2, 4.3.........  B11, B16, T28, T29,    None.........  181...........  244..........  Forbidden....  Forbidden....  D............  18
                                                                                                          T40.
 

[[Page 10768]]

 
                                                           *                  *                  *                  *                  *                  *                  *
G                Environmentally    9.............  UN3082..........  III...........  9................  8, T1................  155..........  203...........  241..........  No limit.....  No limit.....  A              .............
                  hazardous
                  substances,
                  liquid, n.o.s.
G                Environmentally    9.............  UN3077..........  III...........  9................  8, B54, N20..........  155..........  213...........  240..........  No limit.....  No limit.....  A              .............
                  hazardous
                  substances,
                  solid, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Epichlorohydrin..  6.1...........  UN2023..........  II............  6.1, 3...........  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  A............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
A, W             Fibers or          4.2...........  UN1373..........  III...........  4.2..............  137..................  None.........  213...........  241..........  Forbidden....  Forbidden....  A              .............
                  Fabrics, animal
                  or vegetable or
                  Synthetic,
                  n.o.s. with
                  animal or
                  vegetable oil.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Hexamethylene      6.1...........  UN2281..........  II............  6.1..............  B101, T14............  None.........  202...........  243..........  5 L..........  60 L.........  C............  13, 40
                  diisocyanate.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Hydrogen           5.1...........  UN2984..........  III...........  5.1..............  A1, B104, T8, T37....  152..........  203...........  241..........  2.5 L........  30 L.........  B............  25, 75, 106
                  peroxide,
                  aqueous
                  solutions with
                  not less than 8
                  percent but less
                  than 20 percent
                  hydrogen
                  peroxide
                  (stabilized as
                  necessary).
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Isobutyl           3.............  UN2486..........  I.............  3, 6.1...........  1, B9, B14, B30, B72,  None.........  226...........  244..........  Forbidden....  Forbidden....  D............  40
                  isocyanate.                                                                             T37698, T43, T44.
 

[[Page 10769]]

 
                                                           *                  *                  *                  *                  *                  *                  *
G                Isocyanates,       6.1...........  UN3080..........  II............  6.1, 3...........  T15..................  None.........  202...........  243..........  5 L..........  60 L.........  B............  25, 40, 48
                  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.
G                Isocyanates,       6.1...........  UN2206..........  II............  6.1..............  T15..................  None.........  202...........  243..........  5 L..........  60 L.........  E............  25, 40, 48
                  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.
G                Isocyanates,       6.1...........  UN2206..........  III...........  6.1..............  T8...................  153..........  203...........  241..........  60 L.........  220 L........  E............  25, 40, 48
                  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.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Isocyanatobenzotr  6.1...........  UN2285..........  II............  6.1, 3...........  5, B101, T14.........  None.........  202...........  243..........  5 L..........  60 L.........  D............  25, 40, 48
                  ifluorides.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Lead compounds,    6.1...........  UN2291..........  III...........  6.1..............  138..................  153..........  213...........  240..........  100 kg.......  200 kg.......  A              .............
                  soluble, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Magnesium alkyls.  4.2...........  UN3053..........  I.............  4.2, 4.3.........  B11, T28, T29, T40...  None.........  181...........  244..........  Forbidden....  Forbidden....  D............  18
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Nitric acid other  8.............  UN2031..........  I.............  8, 5.1...........  B47, B53, T9, T27....  None.........  158...........  243..........  Forbidden....  2.5 L........  D............  44, 66, 89,
                  than red fuming,                                                                                                                                                                                          90, 110, 111
                  with more than
                  70 percent
                  nitric acid.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Nitroanilines (o-  6.1...........  UN1661..........  II............  6.1..............  T14..................  None.........  212...........  242..........  25 kg........  100 kg.......  A              .............
                  ; m-; p-;).
+                Nitroanisole.....  6.1...........  UN2730..........  III...........  6.1..............  T8...................  153..........  213...........  240..........  100 kg.......  200 kg.......  A              .............
+                Nitrobenzene.....  6.1...........  UN1662..........  II............  6.1..............  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  A............  40
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Nitrogen           2.2...........  UN2451..........  ..............  2.2, 5.1.........  .....................  None.........  302...........  None.........  Forbidden....  25 kg........  D............  40
                  trifluoride,
                  compressed.

[[Page 10770]]

 
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Nitrophenols (o-;  6.1...........  UN1663..........  III...........  6.1..............  T8, T38..............  153..........  213...........  240..........  100 kg.......  200 kg.......  A              .............
                  m-; p-;).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Organic pigments,  4.2...........  UN3313..........  III...........  4.2..............  .....................  None.........  213...........  241..........  25 kg........  100 kg.......  C              .............
                  self-heating.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Organometallic     4.3...........  UN3207..........  I.............  4.3, 3...........  T28..................  None.........  201...........  244..........  Forbidden....  1 L..........  E............  40
                  compound or
                  Compound
                  solution or
                  Compound
                  dispersion,
                  water-reactive,
                  flammable, n.o.s.
G                Organometallic     4.3...........  UN3207..........  II............  4.3, 3...........  T28..................  None.........  202...........  243..........  1 L..........  5 L..........  E............  40
                  compound or
                  Compound
                  solution or
                  Compound
                  dispersion,
                  water-reactive,
                  flammable, n.o.s.
G                Organometallic     4.3...........  UN3207..........  III...........  4.3, 3...........  T28..................  None.........  203...........  242..........  5 L..........  60L..........  E............  40
                  compound or
                  Compound
                  solution or
                  Compound
                  dispersion,
                  water-reactive,
                  flammable, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
D                Other regulated    9.............  NA3082..........  III...........  9................  .....................  155..........  203...........  241..........  No limit.....  No limit.....  A              .............
                  substances,
                  liquid, n.o.s.
D                Other regulated    9.............  NA3077..........  III...........  9................  B54..................  155..........  213...........  240..........  No limit.....  No limit.....  A............  .............
                  substances,
                  solid, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Oxygen generator,  5.1...........  UN3356..........  II............  5.1..............  60, A51..............  None.........  212...........  None.........  Forbidden....  25 kg gross..  D............  56, 58, 69,
                  chemical.                                                                                                                                                                                                 106
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Phenetidines.....  6.1...........  UN2311..........  III...........  6.1..............  T7...................  153..........  203...........  241..........  60 L.........  220 L........  A              .............
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Phenylenediamines  6.1...........  UN1673..........  III...........  6.1..............  .....................  153..........  213...........  240..........  100 kg.......  200 kg.......  A              .............
                  (o-; m-; p-;).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Piperidine.......  8.............  UN2401..........  I.............  8, 3.............  T17..................  None.........  201...........  243..........  0.5 L........  2.5 L........  B              .............

[[Page 10771]]

 
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Plastic molding    9.............  UN3314..........  III...........  9................  32...................  155..........  221...........  221..........  100 kg.......  200 kg.......  A............  85, 87
                  compound in
                  dough, sheet or
                  extruded rope
                  form evolving
                  flammable vapor.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Polyester resin    3.............  UN3269..........  ..............  3................  40...................  152..........  225...........  None.........  5 kg.........  5 kg.........  B              .............
                  kit.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Polymeric beads,   9.............  UN2211..........  III...........  None.............  32...................  155..........  221...........  221..........  100 kg.......  200 kg.......  A............  85, 87
                  expandable,
                  evolving
                  flammable vapor.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Propyleneimine,    3.............  UN1921..........  I.............  3, 6.1...........  A3, N34, T24.........  None.........  201...........  243..........  1 L..........  30 L.........  B............  40
                  inhibited.
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Refrigerating      2.2...........  UN2857..........  ..............  2.2..............  .....................  306, 307.....  306...........  306, 307.....  450 kg.......  450 kg.......  A              .............
                  machines,
                  containing non-
                  flammable,
                  nontoxic,
                  liquefied gas or
                  ammonia solution
                  (UN2672).
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Sodium azide.....  6.1...........  UN1687..........  II............  6.1..............  .....................  None.........  212...........  242..........  25 kg........  100 kg.......  A............  36, 52, 91
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Sodium nitrite...  5.1...........  UN1500..........  III...........  5.1, 6.1.........  A1, A29..............  152..........  213...........  240..........  25 kg........  100 kg.......  A............  56, 58
 
                                                           *                  *                  *                  *                  *                  *                  *
D                Sulfur...........  9.............  NA1350..........  III...........  9................  30, A1...............  None.........  None..........  240..........  No limit.....  No limit.....  A............  19, 74
I                Sulfur...........  4.1...........  UN1350..........  III...........  4.1..............  30, A1, N20, T1......  None.........  None..........  240..........  No limit.....  No limit.....  A............  19, 74
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Toluene            6.1...........  UN2078..........  II............  6.1..............  B110, T14............  None.........  202...........  243..........  5 L..........  60 L.........  D............  25, 40
                  diisocyanate.
 
                                                           *                  *                  *                  *                  *                  *                  *
+                Toluidines liquid  6.1...........  UN1708..........  II............  6.1..............  T14..................  None.........  202...........  243..........  5 L..........  60 L.........  A              .............
+                Toluidines solid.  6.1...........  UN1708..........  II............  6.1..............  .....................  None.........  212...........  242..........  25 kg........  100 kg.......  A              .............
 
                                                           *                  *                  *                  *                  *                  *                  *
                 Vanadium           6.1...........  UN2862..........  III...........  6.1..............  .....................  153..........  213...........  240..........  100 kg.......  200 kg.......  A............  40
                  pentoxide, non-
                  fused form.
 
                                                           *                  *                  *                  *                  *                  *                  *
G                Water-reactive     4.3...........  UN3132..........  I.............  4.3, 4.1.........  B101, B106, N40......  None.........  211...........  242..........  Forbidden....  15 kg........  D              .............
                  solid,
                  flammable, n.o.s.
 
                                                           *                  *                  *                  *                  *                  *                  *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 10772]]

Sec. 172.101  [Amended]

    14. In addition, in Column (1), in the Sec. 172.101 Hazardous 
Materials Table, new letter ``G'' is 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. (UN0349, UN0350, UN0354, UN0355, UN0356, 
UN0462, UN0463, UN0464, UN0465, UN0466, UN0467, UN0468, UN0469, 
UN0470, UN0471, UN0472)
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)
Compressed gas, flammable, n.o.s.
Compressed gas, n.o.s.
Compressed gas, oxidizing, n.o.s.
Compressed gas, toxic, oxidizing, n.o.s. (All hazard zones, four 
entries)
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. see Refrigerant 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.
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).
Infectious substances, affecting animals only.
Infectious substances, affecting humans.
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.
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, flammable, n.o.s. (All hazard zone entries)
Liquefied gas, toxic, 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
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, 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

[[Page 10773]]

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. (UN3289, PG I AND II)
Toxic liquids, corrosive, inorganic, n.o.s. (UN3289, Hazard Zones A 
and B)
Toxic liquids, inorganic n.o.s. (UN3287, PG I and III)
Toxic liquids, corrosive, organic, n.o.s. (UN2927, PG I and II)
Toxic liquids, corrosive, organic, n.o.s. (UN2927, Hazard Zones A 
and B)
Toxic liquids, flammable, organic, n.o.s. (UN2929, PG I and II)
Toxic liquids, flammable, organic, n.o.s. (UN2929, Hazard Zones A 
and B)
Toxic liquids, organic, n.o.s. (UN2810, PG I, II and III)
Toxic liquids, orgnic, n.o.s. (UN2810, Hazard Zones A and B)
Toxic liquids, oxidizing, n.o.s. (UN3122, PG I and II)
Toxic liquids, oxidizing, n.o.s. (UN3122, Hazard Zones A and B)
Toxic liquids, water-reactive, n.o.s. (UN3132, PG I and II)
Toxic liquids, water-reactive, n.o.s. (UN3123, Hzardous Zones A and 
B
Toxic solid, corrosive, organic, n.o.s.
Toxic solid, inorganic, n.o.s.
Toxic solids, corresive, 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, 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.

    14a. In addition, in Column 1, the following changes are made:
    a. For the entry, Compounds, tree killing, liquid or Compounds, 
weed killing, liquid (NA1760), the reference ``, G'' is added.
    b. For the entry, Compounds, tree killing, liquid or Compounds, 
weed killing, liquid (NA1993), the reference ``, G'' is added.
    c. For the entry, Compressed gas, toxic, corrosive, n.o.s. (UN3304, 
Hazard Zones A, B, C and D), the reference ``, G'' is added.
    d. For the entry, Compressed gas, toxic, flammable, corrosive, 
n.o.s. (UN3305, Hazard Zones A, B, C and D), the reference ``, G'' is 
added.
    e. For the entry, Compressed gas, toxic, oxidizing, corrosive, 
n.o.s. (UN3306, Hazard Zones A, B, C and D), the reference ``, G'' is 
added.
    f. For the entries Hazardous waste, liquid, n.o.s. and Hazardous 
waste, solid, n.o.s., the reference ``, G'' is added.
    g. For the entry, Insecticide gases flammable n.o.s., the reference 
``, G'' is added.
    h. For the entry, Liquefied gas, toxic, corrosive, n.o.s. (UN3308, 
Hazard Zones A, B, C and D), the reference ``, G'' is added.
    i. For the entry, Liquefied gas, toxic, flammable, corrosive, 
n.o.s. (UN3309, Hazard Zones A, B, C and D), the reference ``, G'' is 
added.
    j. For the entry, Liquefied gas, toxic, oxidizing, corrosive, 
n.o.s. (UN3310, Hazard Zones A, B, C and D), the reference ``, G'' is 
added.
    15. In Appendix B to Sec. 172.101, the List of Marine Pollutants is 
amended by removing ten entries and adding sixteen entries in 
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 10774]]

 
*                  *                  *                  *
                  *                  *                  *
                               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 are made:
    a. In column (1), the designation ``PP'' is added for the following 
entries:

``Azinphos-methyl.''
``Cupric chloride''
``Cuprous chloride''
``Furathiocarb (ISO)''
``Osmium tetroxide''
``Triphenylphosphate''

    b. In column (1), the designation ``PP'' is removed for the entry 
``Silver orthoarsenite''.
    c. In column (2), the following language is revised to read as 
follows:
    ``Alcohol C-12-C-15 poly(1-3) ethoxylate'' is revised to read 
``Alcohol C-12-C-16 poly(1-6) ethoxylate''.
    ``Alkylphenols, liquid, n.o.s. (including C2-C8 homologues)'' is 
revised to read ``Alkylphenols, liquid, n.o.s. (including C2-C12 
homologues)''.
    ``Alkylphenols, solid, n.o.s. (including C2-C8 homologues)'' is 
revised to read ``Alkylphenols, solid, n.o.s. (including C-2-C-12 
homologues)''.
    ``2-Butenal, inhibited'' is revised to read ``2-Butenal, 
stabilized''.
    ``Chlorodinitrobenzenes'' is revised to read 
``Chlorodinitrobenzenes, liquid or solid''.
    ``Chlorophenates, liquid'' is revised to read ``Chlorophenolates, 
liquid''.
    ``Chlorophenates, solid'' is revised to read ``Chlorophenolates, 
solid''.
    ``Chlorotoluenes'' is revised to read ``Chlorotoluenes (ortho-
,meta-,para-)''.
    ``Crotonaldehyde, inhibited'' is revised to read ``Crotonaldehyde, 
stabilized''.
    ``Crotonic aldehyde'' is revised to read ``Crotonic aldehyde, 
stabilized''.
    ``Decyloxytetrahydrothiophene dioxide'' is revised to read 
``Decycloxytetrahydrothiophene dioxide''.
    ``Dichloroethyl ether'' is revised to read ``Di-(2-chloroethyl) 
ether''.
    ``Dodecylamine'' is revised to read ``1-Dodecylamine''.
    ``Hydrocyanic acid, anhydrous, stabilized'' is revised to read 
``Hydrocyanic acid, anhydrous, stabilized, containing less than 3% 
water''.
    ``Hydrocyanic acid, anhydrous, stabilized, absorbed in a porous 
inert material'' is revised to read ``Hydrocyanic acid, anhydrous, 
stabilized, containing less than 3% water and absorbed in a porous 
inert material''.
    ``Isobutybenzene'' is revised to read ``Isobutylbenzene''.
    ``Maneb or Maneb preparations with not less than 60 per cent 
maneb'' is revised to read ``Maneb preparations with not less than 60% 
maneb''.
    ``Mercarbam'' is revised to read ``Mecarbam''.
    ``Mercurous bisuphate'' is revised to read ``Mercurous 
bisulphate''.
    ``Mercury based pesticides, liquid, flammable, toxic, n.o.s.'' is 
revised to read ``Mercury based pesticide, liquid, flammable, toxic''.
    ``Mercury based pesticides, liquid, toxic, flammable, n.o.s.'' is 
revised to read ``Mercury based pesticide, liquid, toxic, flammable''.
    ``Mercury based pesticides, liquid, toxic, n.o.s.'' is revised to 
read ``Mercury based pesticide, liquid, toxic''.
    ``Mercury based pesticides, solid, toxic, n.o.s.'' is revised to 
read ``Mercury based pesticide, solid, toxic''.
    ``3-Methylacroleine, inhibited'' is revised to read ``3-
Methylacrolein, stabilized''.
    ``Nitrobenzotrifluorides'' is revised to read 
``Nitrobenzotrifluorides, liquid or solid''.
    ``Nitrotolueunes (o-;m;-p-)'' is revised to read ``Nitrotoluenes 
(ortho-;meta-;para-), liquid''.
    ``Nitroxyluenes, (o-;m-;p-)'' is revised to read ``Nitroxylenes, 
liquid or solid''.
    ``Potassium cyanide'' is revised to read ``Potassium cyanide, 
solid''.
    ``Potassium cyanocuprate I'' is revised to read ``Potassium 
cyanocuprate (I)''.
    ``Sodium cyanide'' is revised to read ``Sodium cyanide, solid''.
    ``Tetrachloroethane'' is revised to read ``1,1,2,2-
Tetrachloroethane''.
    ``Tetramethylbenzenes'' is revised to read ``n-
Tetramethylbenzenes''.
    ``Tricresyl phosphate (not less than 1% ortho-isomer)'' is revised 
to read ``Tricresyl phosphate, not less than 1% ortho-isomer but not 
more than 3% orthoisomer''.
    ``White phosphorus, molten'' is revised to read ``Phosphorus, 
white, molten''.

[[Page 10775]]

    ``Yellow phosphorus, molten'' is revised to read ``Phosphorus, 
yellow, molten''.
    d. The entries, as amended, are placed in alphabetical order.
    17. In Sec. 172.102, in paragraph (c)(1), Special Provision 43 is 
amended by adding a sentence at the end, Special Provisions 129, 130, 
131, 132, 133, 134, 135, 136, 137 and 138 are added; in paragraph 
(c)(2), Special Provision A35 is added; and in paragraph (c)(3), 
Special Provision B101 is 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 may 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 the dangerous evolution of heat (for example, by the 
effective insulation of exposed terminals).
    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 2.2, and with or without small 
quantities of pyrotechnic material. For units with pyrotechnic 
material, initiated explosive effects must be contained within the 
pressure vessel (cylinder) such that the unit may be excluded from 
Class 1 in accordance with paragraphs 1.11(b) and 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 conformance with the requirements of this 
subchapter for the gas(es) contained in the pressure vessel or as 
specifically authorized by the Associate Administrator for Hazardous 
Materials Safety.
    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. Hazardous materials shipped under this entry are 
excepted from the labeling requirements of this subchapter unless 
offered for transportation or transported by aircraft. For 
transportation 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. 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 in Sec. 173.4 of this 
subchapter; and
    c. The equipment, machinery or apparatus conforms with 
Sec. 173.222 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/
m3 (22.4lb/ft3) 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 
0.07M (Molar concentration) 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 are made:
    a. In paragraph (c)(1), Special Provision 17 is removed.
    b. In paragraph (c)(1), Special Provision 20 is removed.
    c. In paragraph (c)(1), Special Provision 104 is removed.
    d. In paragraph (c)(1), under Special Provision 125, in the fourth 
sentence, the wording ``at least 90%'' is removed and ``at least 98%'' 
is added in its place; and in the last sentence, the wording ``less 
than 98%'' is removed and ``less than 90%'' is added in its place.
    e. In paragraph (c)(5), Special Provision N9 is 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 
wording ``listed in paragraph (k)(3) of this section'' is removed and 
``identified by the letter ``G'' in Column (1) of the Sec. 172.101 
Table'' is added in its place.
    b. In paragraph (k)(1), in the first sentence, the wording ``listed 
herein'' is

[[Page 10776]]

removed and ``identified by the letter ``G'' in Column (1) of the 
Sec. 172.101 Table'' is added in its place.
    c. In addition, paragraph (k)(3) is removed and paragraph (k) (4) 
is redesignated as new paragraph (k)(3).
    20. In Sec. 172.313, a new paragraph (d) is added to read as 
follows:


Sec. 172.313  Poisonous hazardous materials.

* * * * *
    (d) For a packaging containing a Division 6.1 PG III material, ``PG 
III'' may be marked adjacent to the POISON label. (See 
Sec. 172.405(c).)


Sec. 172.400  [Amended]

    21. In Sec. 172.400, in the table in paragraph (b), the following 
changes are made:
    a. In column 1, the language ``6.1 (PG I or II, other than Zone A 
or B inhalation hazard)'' is revised to read ``6.1 (other than 
inhalation hazard, Zone A or B)''.
    b. The entry ``6.1 (PG III)'' is removed.


Sec. 172.400a  [Amended]

    22. In Sec. 172.400a, paragraph (d) is removed.
    23. In Sec. 172.405, a new paragraph (c) is 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'' instead of ``POISON'' or ``TOXIC'' below 
the mid line of the label. Also see Sec. 172.313(d).
    24. In Sec. 172.407, paragraph (c)(4) is 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]

    25. Section 172.431 is removed and reserved.
    26. In Sec. 172.504, paragraph (f)(10) is 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]

    27. In Sec. 172.504, in paragraph (e), in Table 2, the following 
changes are made:
    a. In column 2, the language ``6.1 (PG I or II, other than Zone A 
or B inhalation hazard)'' is revised to read ``6.1 (other than 
inhalation hazard, Zone A or B)''.
    b. The entry ``6.1 (PG III)'' is removed.


Sec. 172.553  [Removed and Reserved]

    28. Section 172.553 is removed and reserved.

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

    29. The authority citation for part 173 continues to read as 
follows:

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


Sec. 173.1  [Amended]

    30. 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'' is removed and ``UN 
Recommendations'' is added in its place.


Sec. 173.2a  [Amended]

    31. In Sec. 173.2a, paragraph (b), Precedence of Hazard Table, in 
column 13, under the column heading ``8, II liquid'', the following 
changes are made:
    a. For the entry, ``4.3 II'', the numeral ``8'' is removed and 
``4.3'' is added in its place.
    b. For the entry, ``5.1 II'', the numeral ``8'' is removed and 
``5.1'' is added in its place.
    32. In Sec. 173.25, the section heading and paragraph (b) are 
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.
* * * * *
    33. In Sec. 173.28, paragraph (c)(2) is revised and a new paragraph 
(c)(5) is 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) Removal of all former contents, external coatings and labels, 
and cleaning to the original materials of construction;
    (ii) Inspection after cleaning with rejection of packagings with 
visible damage such as tears, creases or cracks, or damaged threads or 
closures, or other significant defects;
    (iii) Replacement of all non-integral gaskets and closure devices 
with new or refurbished parts, and cushioning and cushioning materials; 
and components including gaskets, closure devices and cushioning and 
cushioning material; 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.
* * * * *
    34. In Sec. 173.29, paragraph (b)(2)(iv)(B) is 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 subsidiary hazard, at an absolute pressure less 
than 280 kPa (40.6 psia); at 20 deg. C (68 deg. F); and
* * * * *
    35. In Sec. 173.32b, in paragraph (b)(1), the semicolon is removed 
and a period is added in its place and a new sentence is 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 leakproofness tested prior to each filling, 
or if approved by the Associate Administrator for Hazardous Materials 
Safety.
* * * * *


Sec. 173.32b  [Amended]

    36. In addition, in Sec. 173.32b, in paragraph (b)(2), the 
semicolon at the

[[Page 10777]]

end is removed and a period is added in its place.
    37. In Sec. 173.32c, paragraph (j) is revised to read as follows:


Sec. 173.32c  Use of Specification IM portable tanks.

* * * * *
    (j) Except for a non-flowable solid or a liquid with a viscosity of 
2,680 centistokes (millimeters squared per second) or greater at 
20 deg.C, an IM portable tank or compartment thereof having a volume 
greater than 7,500 L (1,980 gallons) may be loaded to a filling density 
of more than 20% and less than 80% by volume. If a portable tank is 
divided by partitions or surge plates into compartments of not more 
than 7,500 L capacity, this filling restriction does not apply.
* * * * *
    38. In Sec. 173.34, in the paragraph (e) table, the following 
changes are made:
    a. In Column 1, in the last entry, footnote reference \4\ is added 
immediately after the wording ``(see Sec. 173.301(j) for restrictions 
on use).''.
    b. A new footnote is added at the end of the table to read as 
follows: \4\ For CTC cylinders, see Sec. 173.301(i). The retest period 
for CTC cylinders authorized under Sec. 173.301(i) is the period 
specified in the table for the corresponding DOT specification 
cylinder.''.
    39. In Sec. 173.35, the section heading and paragraph (b) are 
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]

    40. In Sec. 173.56, in paragraph (b)(2)(i), the wording ``(TB 700-
2, dated December 1989)'' is removed and ``(TB 700-2)'' is added in its 
place; and in paragraph (b)(3)(i), the wording ``(TB 700-2, dated 
December 1989)'' is removed and ``(TB 700-2)'' is added in its place.


Sec. 173.59  [Amended]

    41. In Sec. 173.59, for the definitions ``Charges, explosive, 
commercial without detonator'' and ``Charges, shaped commercial, 
without detonator'', the word ``commercial'' is removed each place it 
appears.
    42. In Sec. 173.121, paragraph (b)(1)(ii) is 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. 173.159  [Amended]

    43. 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'' are removed and ``rigid outer 
packagings'' is added in its place.
    44. Section 173.162 is 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 or vessel.
    (1) In 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.
    45. In Sec. 173.164, paragraphs (a)(1) through (a)(3) are revised 
and paragraph (a)(4) is 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 fiber 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,

[[Page 10778]]

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 will be prevented irrespective of the 
position of the package.
* * * * *


Sec. 173.164  [Amended]

    46. In addition, in Sec. 173.164, in paragraph (c) introductory 
text, the wording ``not more than 100 mg (0.0035 ounce)'' is removed.
    47. In Sec. 173.166, in paragraph (c), the last sentence is revised 
to read as follows:


Sec. 173.166  Air bag inflators, air bag modules and seat-belt 
pretensioners.

* * * * *
    (c) * * * Marking the EX number or product code on the outside 
package is not required.
* * * * *


Sec. 173.166  [Amended]

    48. In addition, in Sec. 173.166, the following changes are made:
    a. In paragraph (a), in the first sentence, the wording ``a booster 
material and a gas generant'' is removed and ``a booster material, a 
gas generant and, in some cases, a pressure vessel (cylinder)'' is 
added in its place.
    b. In paragraph (b) introductory text, the wording ``as Class 9 
only'' is removed and ``as Class 9 (UN3268) or Division 2.2 (UN3353)'' 
is added in its place.
    c. In paragraph (b)(2), the wording ``second revised edition, 
1995'' is removed.
    d. In paragraph (b)(3)(ii), the wording ``as Class 9'' is removed 
and ``as Class 9 or Division 2.2'' is added in its place.
    e. In paragraph (c), in the second sentence, the wording ``to the 
inflator'' is removed and ``to the inflator, module'' is added in its 
place.
    f. In paragraph (f), in the first sentence, the wording ``or NON-
FLAMMABLE GAS'' is added immediately following the wording ``CLASS 9''.


Sec. 173.196  [Amended]

    49. In Sec. 173.196, paragraph (a)(1)(iii), in the first sentence, 
the wording ``An absorbent material'' is removed and ``When the primary 
receptacle contains liquids, an absorbent material'' is added in its 
place.
    50. Section 173.220 is revised to read as follows:


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

    (a) Applicability. An internal combustion engine, self-propelled 
vehicle, mechanized equipment containing an internal combustion engine, 
or a battery powered vehicle or 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 liquid or gaseous fuel. An 
engine may be considered as not containing fuel when the fuel tank, 
engine components, and fuel lines have been completely drained, 
sufficiently cleaned of residue, and purged of vapors to remove any 
potential hazard and the engine when held in any orientation will not 
release any liquid fuel;
    (2) It is equipped with a wet electric storage battery other than a 
non-spillable battery; or
    (3) Except as provided in paragraph (d)(1) of this section, it 
contains other hazardous materials subject to the requirements of this 
subchapter.
    (b) Requirements. Unless otherwise excepted in paragraph (b)(4) of 
this section, vehicles, engines and equipment are subject to the 
following requirements:
    (1) Flammable liquid fuel. A fuel tank containing a flammable 
liquid fuel must be drained and securely closed, except that up to 500 
ml (17 ounces) of residual fuel may remain in the tank, engine 
components, or fuel lines provided they are securely closed to prevent 
leakage of fuel during transportation. Self-propelled vehicles 
containing diesel fuel are excepted from the requirement to drain the 
fuel tanks, provided that sufficient ullage space has been left inside 
the tank to allow fuel expansion without leakage, and the tank caps are 
securely closed.
    (2) Flammable liquefied or compressed gas fuel. Fuel tanks and fuel 
systems containing flammable liquefied or compressed gas fuel must be 
securely closed. For transportation by water, the requirements of 
Sec. 176.78(k) and 176.905 of this subchapter apply. For transportation 
by air, the fuel tank and fuel system must be emptied and securely 
closed or must be removed, packaged and transported in accordance the 
requirements of this subchapter.
    (3) Truck bodies or trailers on flat cars--flammable liquid or gas 
powered. Truck bodies or trailers with automatic heating or 
refrigerating equipment of the flammable liquid type may be shipped 
with fuel tanks filled and equipment operating or inoperative, when 
used for the transportation of other freight and loaded on flat cars as 
part of a joint rail and highway movement, provided the equipment and 
fuel supply conform to the requirements of Sec. 177.834(l) of this 
subchapter.
    (4) Modal exceptions. Quantities of flammable liquid fuel greater 
than 500 ml (17 ounces) may remain in 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 conform to Sec. 175.305 of 
this subchapter.
    (c) Wet battery powered or installed. Wet batteries must be 
securely installed and fastened in an upright position. Batteries must 
be protected against short circuits and leakage or removed and packaged 
separately under Sec. 173.159. Battery powered vehicles, machinery or 
equipment including battery powered wheelchairs and mobility aids are 
excepted from the requirements of this subchapter when transported by 
rail, highway or vessel.
    (d) Other hazardous materials. (1) Items of equipment containing 
hazardous materials, fire extinguishers, compressed gas accumulators, 
safety devices and other hazardous materials which are integral 
components of the motor vehicle, engine or mechanical equipment and are 
necessary for the operation of the vehicle, engine or equipment, or for 
the safety of its operator or passengers must be securely installed in 
the motor vehicle, engine or mechanical equipment. Such items are not 
otherwise subject to the requirements of this subchapter.
    (2) Other hazardous materials must be packaged and transported in 
accordance with the requirements of this subchapter.
    (e) Exceptions. Except as provided in paragraph (d)(2) of this 
section, shipments made under the provisions of this section--
    (1) Are not subject to any other requirements of this subchapter, 
for transportation by motor vehicle or rail car; and
    (2) Are not subject to the requirements of subparts D, E and F 
(marking, labeling and placarding, respectively) of part 172 of this 
subchapter or Sec. 172.604 of this subchapter (emergency response 
telephone number) for transportation by vessel or aircraft. For 
transportation by

[[Page 10779]]

aircraft, all other applicable requirements of this subchapter, 
including shipping papers, emergency response information, notification 
of pilot-in-command, general packaging requirements, and the 
requirements specified in Sec. 173.27 must be met. For transportation 
by vessel, additional exceptions are specified in Sec. 176.905 of this 
subchapter.
    51. Section 173.221 is 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, evolving flammable vapor and Plastic molding compound in 
dough, sheet or extruded rope form, evolving flammable vapor 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; in vapor tight metal or plastic drums 
(1A1, 1A2, 1B1, 1B2, 1H1 or 1H2); or packed in non-specification 
packagings when transported in dedicated vehicles or freight 
containers. 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, 
evolving flammable vapor or Plastic molding compounds in dough, sheet 
or extruded rope, evolving flammable vapor may be packed in non-
specification bulk packagings. Except for transportation by highway and 
rail, bulk packagings must be capable of containing any gases evolving 
from the contents during normal conditions of transportation.
    52. Section 173.222 is 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 Secs. 173.24(a)(1) and 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. However, 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.
    (2) 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.
    (3) 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.
    (c) For transportation by aircraft, 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 (c)(1) through (c)(3) of this section, for each 
category of material in the package, when a package contains hazardous 
materials in two or more of the categories in paragraphs (c)(1) through 
(c)(3) of this section and is offered for transportation by aircraft.
    (d) When a package contains hazardous materials in two or more of 
the categories listed in paragraphs (c)(1) through (c)(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]

    53. In Sec. 173.224, in the introductory text of paragraph (c)(3), 
the word ``product'' is added immediately before the word 
``evaluation''.
    54. In Sec. 173.225, in paragraph (b), in the Organic Peroxides 
Table, entries are removed or added in the appropriate alphabetical 
order, to read as follows:


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

* * * * *
    (b) * * *

                                                                                     Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Diluent Mass (%)                                                      Temperature ( deg.C)
         Technical name               ID number        Concentration   ------------------------------------------------ Water (mass %)    Packing method  --------------------------     Note
                                                          (mass %)             A               B               I                                             Control     Emergency
(1)                               (2)..............  (3)                (4a)            (4b)            (4c)            (5)             (6)                       (7a)         (7b)          (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE:]
 
                                       *                  *                  *                  *                  *                  *                  *
Dibenzoyl peroxide [as a paste].  Exempt...........  50      14   ..............  ..............  18   Exempt
 
                                       *                  *                  *                  *                  *                  *                  *
[ADD:]
 
                                       *                  *                  *                  *                  *                  *                  *
Isopropyl sec-butyl               UN3115...........  32      38   ..............  ..............  ..............  OP7                        -20          -10
 peroxydicarbonate [and] Di-sec-                     + 15-
 butyl peroxydi-carbonate [and]                       18
 Di-isopropyl peroxydicarbonate.                     + 12-
                                                      15

[[Page 10780]]

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

* * * * *


Sec. 173.225  [Amended]

    55. In addition, in Sec. 173.225, in paragraph (b), in the Organic 
Peroxides Table, the following changes are made:
    a. For the entry, ``tert-Butyl cumyl peroxide'' (UN3106), in Column 
(4b), the reference ``58'' is removed and in Column (4c), 
``58'' is added.
    b. For the entry, ``tert-Butyl hydroperoxide'' (UN3105), in Column 
(7b), the reference ``4, 13'' is removed and in Column (8), ``4, 13'' 
is added.
    c. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]'' 
(UN3108), in Column (3), the reference ``52'' is revised to 
read ``52''.
    d. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]'' 
(UN3110), in Column (3), the reference ``42'' is revised to 
read ``42''.
    e. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column 
(3), the reference ``32'' is revised to read 
``32''.
    f. For the entry, ``tert-Butyl peroxyacetate'' (UN3119), in Column 
(3), the reference ``32'' is revised to read 
``32''.
    g. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column 
(3), the reference ``22'' is revised to read 
``22''.
    h. For the entry, ``tert-Butyl peroxybenzoate'' (UN3103), in Column 
(4a), the reference ``23'' is revised to read 
``23''.
    i. For the entry, ``tert-Butyl peroxybenzoate'' (UN3105), in Column 
(3), the reference ``<52-77'' is revised to read ``>52-77''.
    j. For the entry, ``tert-Butyl peroxy-2-ethylhexanoate'' (UN3117), 
in Column (3), the reference ``52'' is revised to read 
``>32-52''.
    k. For the first entry for, ``tert-Butyl peroxy-2-ethylhexanoate'' 
(UN3119), in Column (6), the reference ``1BC'' is revised to read 
``IBC''.
    l. For the entry, ``Cumyl hydroperoxide'' (UN3109), in Column (3), 
the reference ``90'' is revised to read ``90''.
    m. For the entry, ``1,1-Di-(tert-butylperoxy)cyclohexane'' 
(UN3103), in Column (4a), the reference ``20'' is revised to 
read ``20''.
    n. For the entry, ``Di-n-butyl peroxydicarbonate'' (UN3115), in 
Column (7b), the reference ``5'' is revised to read ``-5''.
    o. For the entry, ``Diethyl peroxydicarbonate'' (UN3115), in Column 
(7a), the reference ``>10'' is revised to read ``-10''.
    p. For the entry, ``2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne-
3'' (UN3103), in Column (4a), the reference ``14'' is added.
    q. For the entry, ``2,5-Dimethyl-2,5-dihydroperoxyhexane'' 
(UN3104), Column (7a), the reference ``OP6'' is removed and in Column 
(6), ``OP7'' is added.
    r. For the entry, ``1,1-Dimethyl-3-
hydroxybutylperoxyneoheptanoate'' (UN3117), in Column (4b), the 
reference ``48'' would be removed and in Column (4a), 
``48'' is added.
    s. For the entry, ``3,3,6,6,9,9-Hexamethyl-1,2,4,5-
tetraoxacyclononane'' (UN3106), in Column (4b), the reference 
``48'' is removed; in Column (4c), ``48'' is 
added; in Column (5), the reference ``OP7'' is removed; and, in Column 
(6) ``OP7'' is added.
    t. For the entry, ``Peroxyacetic acid, type F, stabilized'' 
(UN3109), in Column (8), the reference ``13, 20'' is removed and ``7, 
13, 20'' is added in its place.
    u. For the entry, ``Pinanyl hydroperoxide'' (UN3105), in Column 
(3), the reference ``56-100'' is revised to read ``56-100''.
    56. In Sec. 173.225, in paragraph (c)(2), the word ``product'' is 
added immediately before the word ``evaluation''.
    57. In Sec. 173.243, in paragraph (e)(2), the period at the end of 
the paragraph is revised to read ``; or'' and a new paragraph (e)(3) is 
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.
    58. In Sec. 173.301, paragraph (i) is revised to read as follows:


Sec. 173.301  General requirements for shipment of compressed gases in 
cylinders and spherical pressure vessels.

* * * * *
    (i) Foreign cylinders in domestic use. (1) Except as provided in 
this section and Sec. 171.12(c) of this subchapter, a charged cylinder 
manufactured outside the United States may not be offered for 
transportation to, from, or within the United States unless it has been 
manufactured, inspected, and tested in accordance with the applicable 
DOT specification set forth in part 178 of this subchapter.
    (2) Effective October 1, 1999, a CTC specification cylinder 
manufactured, originally marked and approved in accordance with the 
Canadian Transport Commission (CTC) regulations and in full conformance 
with the Canadian Transport of Dangerous Goods (TDG) Regulations is 
authorized for the transportation of a hazardous material to, from or 
within the United States under the following conditions:
    (i) The CTC specification corresponds with a DOT specification and 
the cylinder markings are the same as those specified in this 
subchapter except that they were originally marked with the letters 
``CTC in place of DOT;
    (ii) The cylinder has been requalified under a program authorized 
by the Canadian TDG regulations or requalified in accordance with the 
requirements in Sec. 173.34(e) within the prescribed requalification 
period provided for the corresponding DOT specification;
    (iii) When the regulations authorize a cylinder for a specific 
hazardous material with a specification marking prefix of ``DOT, a 
cylinder marked ``CTC which otherwise bears the same markings that 
would be required of the specified ``DOT'' cylinder may be used; and
    (iv) Transport of the cylinder and the material it contains is in 
all other respects in conformance with the requirements of this 
subchapter (e.g. valve protection, filling requirements, operational 
requirements, etc.).
* * * * *
    59. In Sec. 173.306, new paragraphs (f)(4) and (f)(5) are added to 
read as follows:

[[Page 10781]]

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 (for example, 0.5 liter gas space and 160 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) 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
    (iv) 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)(iii) of this section. A copy of the 
quality assurance program must be maintained at each facility at which 
the accumulators are manufactured.
    (5) Accumulators not conforming to the provisions of paragraphs 
(f)(1) through (f) (4) of this section, may only be transported subject 
to the approval of the Associate Administrator for Hazardous Materials 
Safety.
* * * * *


Sec. 173.306  [Amended]

    60. In addition, in Sec. 173.306, paragraph (d) is removed and 
reserved.

PART 174--CARRIAGE BY RAIL

    61. The authority citation for Part 174 continues to read as 
follows:

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

    62. In Sec. 174.81, a new paragraph (g)(3)(vi) is 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 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 rail car.
* * * * *


Sec. 174.81  [Amended]

    63. In addition, in Sec. 174.81, in the paragraph (f) Compatibility 
Table for Class 1 (Explosive) Materials, the following changes are 
made:
    a. For the entry, ``C'', under the Column (1) heading, 
``Compatibility Group'', in Column G, the letter ``X'' is revised to 
read ``6''.
    b. For the entry ``D'', under the Column (1) heading, 
``Compatibility Group'', in Column G, the letter ``X'' is revised to 
read ``6''.
    c. For the entry ``E'', under the Column (1) heading, 
``Compatibility Group'', in Column G, the letter ``X'' is 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'' is revised to read ``6'' each place it appears.
    64. Section 174.680 is revised to read as follows:


Sec. 174.680  Division 6.1 (poisonous) materials with foodstuffs.

    (a) Except as provided in paragraph (b) of this section, a carrier 
may not transport any package bearing a POISON or POISON INHALATION 
HAZARD label in the same car with any material marked as, or known to 
be, a foodstuff, feed or any other edible material intended for 
consumption by humans or animals.
    (b) A carrier must separate any package bearing a POISON label 
displaying the text ``PG III,'' or bearing a ``PG III'' mark adjacent 
to the POISON label, from materials marked as or known to be 
foodstuffs, feed or any other edible materials intended for consumption 
by humans or animals, as required in Sec. 174.81(e)(3) for classes 
identified with the letter ``O'' in the Segregation Table for Hazardous 
Materials.

PART 175--CARRIAGE BY AIRCRAFT

    65. The authority citation for part 175 continues to read as 
follows:

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

Sec. 175.630  [Amended]

    66. In Sec. 175.630, in paragraph (a), the wording ``KEEP AWAY FROM 
FOOD,'' is removed.

PART 176--CARRIAGE BY VESSEL

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

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

    68. In Sec. 176.76, a new paragraph (i) is 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.
    69. In Sec. 176.83, paragraphs (a)(1), (a)(3) and (a)(8) are 
revised and a new paragraph (a)(10) is added to read as follows:


Sec. 176.83  Segregation.

    (a) * * * (1) The requirements of this section 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 the requirements of 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 Table 
specifies that ``Segregation as for. . .'' applies, the segregation 
requirements applicable to that class in the Sec. 176.83(b) General 
Segregation Table must be applied. However, for the purposes of 
paragraph (a)(8) of this section, which permits substances of the same 
class to be

[[Page 10782]]

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 Sec. 172.101 Table entry must be applied.
* * * * *


Sec. 176.83  [Amended]

    70. 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'' 
is revised to read ``At least 3 meters'' in both places it appears.
    71. In Sec. 176.600, the section heading and paragraphs (a) and (c) 
are revised to read as follows:


Sec. 176.600  General stowage requirements.

    (a) Each package required to have a POISON GAS, POISON INHALATION 
HAZARD, or POISON label, being transported on a vessel, must be stowed 
clear of living quarters and any ventilation ducts serving living 
quarters and separated from foodstuffs, except when the hazardous 
materials and the foodstuffs are in different closed transport units.
* * * * *
    (c) Each package bearing a POISON label displaying the text ``PG 
III'' or bearing a ``PG III'' mark adjacent to the poison label must be 
stowed away from foodstuffs.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    72. The authority citation for Part 177 continues to read as 
follows:

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

    73. In Sec. 177.841, paragraph (e)(3) is 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,'' or 
bearing a ``PG III'' mark adjacent to the POISON label, 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]

    74. In addition, in Sec. 177.841, in the introductory text of 
paragraph (e)(1), the wording ``Bearing or required to bear a POISON'' 
is removed and ``Except as provided in paragraph (e)(3) of this 
section, bearing or required to bear a POISON'' is added in its place.
    75. In Sec. 177.848, a new paragraph (g)(3)(vi) is added to read as 
follows:


Sec. 177.848  Segregation of hazardous materials.

* * * * *
    (g) * * *
    (3) * * *
    (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]

    76. In addition, in Sec. 177.848, in the paragraph (f) 
Compatibility Table for Class 1 (Explosive) Materials, the following 
changes are made:
    a. For the entry ``C'', under the Column (1) heading, 
``Compatibility Group'', in Column G, the letter ``X'' is revised to 
read ``6''.
    b. For the entry ``D'', under the Column (1) heading, 
``Compatibility Group'', in Column G, the letter ``X'' is revised to 
read ``6''.
    c. For entry ``E'', under the Column (1) heading, ``Compatibility 
Group'', in Column G, the letter ``X'' is 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'' is revised to read ``6'' each place it appears.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.270-3  [Amended]

    78. In Sec. 178.270-3, in paragraph (e), in the second sentence, 
the reference ``ISO 82-1974(e)'' is removed and ``ISO 82'' is added in 
its place.


Sec. 178.509  [Amended]

    79. In Sec. 178.509, in paragraph (b)(1), in the second sentence, 
the wording ``unless approved by the Associate Administrator for 
Hazardous Materials Safety'' is added immediately following the words 
``may be used''.
    80. In Sec. 178.703, paragraph (b)(6)(ii) is revised to read as 
follows:


Sec. 178.703  Marking of intermediate bulk containers.

* * * * *
    (b) * * *
    (6) * * *
    (ii) When a composite intermediate bulk container 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 intermediate bulk 
container 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.
    81. In Sec. 178.813, in paragraph (b), a sentence is added to the 
end of the paragraph to read as follows:


Sec. 178.813  Leakproofness test.

* * * * *
    (b) * * * The inner receptacle of a composite intermediate bulk 
container may be tested without the outer packaging provided the test 
results are not affected.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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

    83. in Sec. 180.352, the section heading and paragraphs (b)(1), 
(b)(2), (b)(3) introductory text and (c) heading and introductory text 
are revised, paragraphs (d) and (e) are redesignated as paragraphs (e) 
and (f), respectively, and new paragraph (d) Is added to read as 
follows:


Sec. 180.352  Requirements for retest and inspection of intermediate 
bulk containers (IBCs).

* * * * *
    (b) * * *
    (1) Each IBC intended to contain liquids or solids that are loaded 
or discharged under pressure must be tested in accordance with the 
leakproofness test prescribed in Sec. 178.813 of this subchapter every 
2.5 years, starting from the date of manufacture or the date of a 
repair conforming to paragraph (d)(1) of this section.
    (2) An external visual inspection must be conducted initially after 
production and every 2.5 years starting from the

[[Page 10783]]

date of manufacture or the date of a repair conforming to paragraph 
(d)(1) of this section 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 is capable of withstanding the applicable design 
qualification tests. 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 or repaired in accordance with paragraph (d) of 
this section. 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 in accordance with 
paragraph (d) of this section or the entire IBC must be removed from 
service. For metal IBCs, thermal insulation must be removed to the 
extent necessary for proper examination of the IBC body.
    (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 and to ensure that the IBC is capable of withstanding the 
applicable design qualification tests.
* * * * *
    (c) Visual inspection for flexible, fiberboard, or wooden IBCs. 
Each IBC must be visually inspected prior to first use and permitted 
reuse, by the person who places hazardous materials in the IBC, to 
ensure that:
* * * * *
    (d) Requirements applicable to repair of IBCs. (1) Except for 
flexible and fiberboard IBCs and the bodies of rigid plastic and 
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 and is 
capable of withstanding the applicable design qualification tests;
    (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 with the 
date of the test; 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 is 
capable of withstanding the applicable design qualification tests; 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 and is 
capable of withstanding the applicable design qualification tests;
    (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 February 14, 1999, under authority 
delegated in 49 CFR part 1.
Stephen D. Van Beek,
Acting Administrator.
[FR Doc. 99-4517 Filed 3-4-99; 8:45 am]
BILLING CODE 4910-60-P