[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Rules and Regulations]
[Pages 15736-15744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6645]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 176, 178, 180

[Docket No. RSPA-2000-7702 (HM-215D)]
RIN 2137-AD41


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; corrections and response to petitions for 
reconsideration.

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SUMMARY: On June 21, 2001, RSPA published a final rule under Docket HM-
215D amending the Hazardous Materials Regulations (HMR) based on 
corresponding provisions of international standards. The revisions were 
made to facilitate the transportation of hazardous materials in 
international commerce. This final rule corrects errors in the June 21, 
2001, final rule and responds to two petitions for reconsideration.

DATES: Effective Date: April 3, 2002.
    Voluntary Compliance Date: Compliance with the regulations, as 
amended herein, is authorized as of June 21, 2001.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, or Shane Kelley, 
International Standards, telephone (202) 366-0656, Research and

[[Page 15737]]

Special Programs Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On June 21, 2001, the Research and Special Programs Administration 
(RSPA, we) published a final rule under Docket HM-215D (66 FR 33316) 
revising the HMR to maintain alignment with recent changes to 
corresponding provisions in international standards. 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) necessitated amendments to 
domestic regulations to provide consistency and facilitate the 
transport of hazardous materials in international commerce. This final 
rule corrects various errors primarily made during the printing process 
of the June 21, 2001, Federal Register and responds to two petitions 
for reconsideration.

II. Section-by-Section Review

Part 171

    Section 171.12. In Sec. 171.12, in paragraph (b)(5), a redundant 
phrase is removed and in paragraph (e)(4), a nonexistent paragraph 
reference is corrected.
    Section 171.14. We received a petition for reconsideration 
requesting we revise Sec. 171.14(d)(4) as adopted in the June 21, 2001, 
final rule. Paragraph (d)(4) reads as follows:

    (4) Until January 1, 2010, a hazardous material may be 
transported in an IM or IMO portable tank in accordance with the T 
Codes (Special Provisions) assigned to a hazardous material in 
Column (7) of the HMT in effect on September 30, 2001.

    Specifically, the petitioner seeks reconsideration of the provision 
as it relates to IM portable tanks, stating the provision is 
unreasonable by limiting the continued use of IM Specification portable 
tanks to less than 10 years from the publication date of the final 
rule. The petitioner reasoned that from a safety perspective we have no 
reason to impose such a time limitation. The petitioner also cited our 
authorization for the indefinite continued use of DOT Specification 51 
tanks and questioned the omission of the same provision for IM 
Specification portable tanks.
    Paragraph (d)(4) does not limit the continued use of IM portable 
tanks, rather it authorizes, until January 1, 2010, the use of the 
``old'' T code special provisions in effect prior to the effective date 
of the HM-215D final rule (October 1, 2001). Persons have the option of 
using the ``old'' or the ``new'' T codes until January 1, 2010 at which 
time the ``new'' T codes as adopted in the June 21, 2001, final rule 
become mandatory. Section 173.32(c)(2) of the June 21, 2001 final rule 
includes the authorization for the continued use of IM portable tanks 
provided certain requirements are met. No time limitations are imposed. 
In addition, Sec. 173.32 allows IM portable tanks to be constructed 
until January 1, 2003. We are responding to the petition for 
reconsideration by adding a phrase to Sec. 171.14(d)(4) to refer the 
reader to Sec. 173.32(c) for the continued use of IM portable tanks. 
Additionally, we are adding a clarifying phrase to Sec. 173.32(c)(2) to 
describe the reason for referring the reader to Sec. 171.14(d)(4).

Part 172

    Section 172.101. In Sec. 172.101, in paragraph (c)(11)(iv)(A), we 
are correcting the paragraph by adding the authorization for the word 
``Sample'' to appear as part of the proper shipping name (for example, 
``Flammable liquid, n.o.s., Sample''). This serves as an alternative to 
the requirement for the word ``Sample'' to appear in association with 
the basic description on the shipping paper, unless the word ``Sample'' 
already appears in the proper shipping name. Although we discussed the 
intent in the preamble of the June 21, 2001, final rule, the phrase was 
omitted from the regulatory text.
    The Hazardous Materials Table (HMT). Following are corrections made 
to the Sec. 172.101 HMT. Unless otherwise specified, the corrections 
are due to errors made during the typesetting process.
    --The entry ``Batteries, wet, filled with alkali, electric 
storage,'' UN2795, which was inadvertently deleted, is added.
    --For the entry, ``Diethylthiophosphoryl chloride,'' UN2751, 
Columns (8A) through (10B) are corrected to read ``None,'' ``212,'' 
``240,'' ``15 kg,'' ``50 kg,'' ``D,'' and ``12, 40,'' respectively.
    --For four entries, Special Provision TP37 is added to Column (7) 
of the HMT. The Special Provision was proposed for the entries in the 
October 23, 2000, notice of proposed rulemaking (NPRM), however, it was 
inadvertently omitted in the final rule. The four entries are: 
``Hydrogen peroxide, aqueous solutions with more than 40 percent but 
not more than 60 percent hydrogen peroxide (stabilized as necessary),'' 
UN2014; ``Hydrogen peroxide, aqueous solutions with not less than 20 
percent but not more than 40 percent hydrogen peroxide (stabilized as 
necessary),'' UN2014; ``Hydrogen peroxide, stabilized or Hydrogen 
peroxide aqueous solutions, stabilized with more than 60 percent 
hydrogen peroxide,'' UN2015; and ``Hydrogen peroxide, aqueous solutions 
with not less than 8 percent but less than 20 percent hydrogen peroxide 
(stabilized as necessary),'' UN2984.
    --For the entry ``Metal catalyst, dry,'' UN2881, Packing Group I, 
Columns (9A) and (9B) are corrected to read ``Forbidden.''
    --For the entry ``Nitromethane,'' UN1261, Column (9B) is corrected 
to read 60 L.
    --The entry ``2,5-Norbornadiene, stabilized, see Bicyclo 2,2,1 
hepta-2,5-diene, stabilized'' is corrected by adding a comma before 
``stabilized.''
    --The entry ``Organochlorine, pesticides, solid, toxic,'' UN2761 is 
corrected by adding a comma after ``solid'' in the proper shipping 
name.
    --The entry ``Pepper spray, see Aerosols, etc. or Self-defense 
spray, non-pressurized'' is removed the second time it appears in the 
HMT. The ``see'' entry was mistakenly duplicated and erroneously 
included column entries from the previous entry.
    --The entry ``Phosphoric acid, liquid or solid,'' UN1805 is revised 
by adding the optional ``liquid or solid'' wording.
    --For the entry ``Polymeric beads, expandable, evolving flammable 
vapor,'' UN2211, ``9'' is added to Column (6) and Special Provision IP7 
is added to Column (7).
    --For nine Class 7 entries, the vessel stowage code ``95'' is 
added. The stowage code was inadvertently deleted from Column (10B).
    --For 11 entries ``IP8'' is removed as a special provision 
reference from Column (7) of the HMT. In the NPRM and final rule, the 
reference was inadvertently included in Column (7). IP8 is consistent 
with the UN Recommendations special IBC packing provision and gives a 
vapor pressure limitation for liquids transported in IBCs. This special 
provision is unnecessary for inclusion into the HMR because the 
``Additional Requirements'' in Special Provisions IB1 through IB3 
already contain the vapor pressure limits on materials that are 
authorized to be transported in IBCs and these special provisions are 
currently assigned to the appropriate entries. The 11 entries are: 
``Cyclopentene,'' UN2246; ``Dichloromethane,'' UN1593; ``Dimethyl 
sulfide,'' UN1164; Ethyl

[[Page 15738]]

bromide,'' UN1891; ``Glycidaldehyde,'' UN2622; ``Isohexenes,'' UN2288; 
``2-Methyl-2-butene,'' UN2460; ``Methyl propyl ether,'' UN2612; 
``Methylal,'' UN1234; ``Pentanes,'' UN1265; and ``Propyl chloride,'' 
UN1278.
    --The entry ``Samples, explosive, other than initiating 
explosives'' which was inadvertently deleted is added.
    --The entry ``Substances, explosive, n.o.s.'' is corrected by 
revising ``6'' to read ``G'' in Column (1).
    --The entry ``Vinyl chloride, stabilized'' is corrected by removing 
the duplicative wording ``or Vinyl chloride, stabilized'' from the 
proper shipping name.
    Appendix B to Sec. 172.101. In Appendix B to Sec. 172.101, the List 
of Marine Pollutants is corrected as follows:
    ``Cumene'' is removed. ``Cumene'' and ``Isopropylbenzene'' describe 
the same material. Although ``Isopropylbenzene'' was removed from the 
List of Marine Pollutants in the June 21, 2001, final rule, ``Cumene'' 
was overlooked as its synonym.
    ``2,4-D'' is removed. ``2,4-D'' and ``2,4 Dichlorophenoxyacetic 
acid'' describe the same material and we overlooked the former when 
removing ``2,4 Dichlorophenoxyacetic acid.''
    ``Dimethylphenols, liquid or solid'' is removed. 
``Dimethylphenols'' and ``Xylenols'' describe the same material. We 
removed ``Xylenols'' and overlooked ``Dimethylphenols, liquid or 
solid'' as its synonym.
    ``Ethyl acrylate, stabilized,'' ``Methylstyrenes, stabilized'' and 
``Vinyltoluenes, stabilized mixed isomers'' are removed. ``Ethyl 
acrylate, inhibited'' and ``Vinyltoluenes, inhibited mixed isomers'' 
were proposed to be removed, but were mistakenly added to the List of 
Marine Pollutants in the final rule, published on June 1, 2001, with 
the word ``stabilized'' replacing the word ``inhibited.''
    Section 172.102. In Sec. 172.102, the following corrections are 
made:
    --In Special Provision 136, ``part 173'' is corrected to read 
``part 172.''
    --Paragraph (c)(4) is editorially revised for clarity.
    --Paragraph (c)(7)(i) is revised by adding ``IM'' Specification 
portable tanks to indicate that the ``T'' Codes apply to UN and IM 
Specification portable tanks.
    --In the paragraph (c)(7)(iv) Portable Tank Code T50 table, the 
maximum filling density (kg/l), 0.811954, for the entry ``UN1912, 
Methyl chloride and methylene chloride mixture'' is revised to read 
``0.81.''
    Section 172.519. The date ``September 30, 2001'' is corrected to 
read ``October 1, 2001'' the second place it appears in paragraph 
(b)(4).

Part 173

    Section 173.24b. In paragraph (e)(2) introductory text, the last 
sentence is editorially corrected by removing the word ``be.''
    Section 173.32. We are responding to a petition for reconsideration 
(see preamble discussion under Sec. 171.14) by adding a clarifying 
phrase to paragraph (c)(2).
    Section 173.150. The misplacement of the word ``and'' in paragraph 
(d)(2) is corrected.
    Section 173.185. We are adding a clarification to paragraph (a). 
Included in the June 21, 2001, final rule preamble, and based on a 
comment to the NPRM, we stated that we were revising the definition of 
``lithium content'' to make it consistent with a minor editorial 
clarification adopted by the Committee of Experts in its Report of the 
21st Session. The intent of the clarification was to prevent possible 
confusion regarding the lithium-equivalent content of lithium-ion 
battery packs currently used in many portable devices. Although the 
amendment was discussed in the preamble, it was not included in the 
regulatory text. This document corrects the oversight.
    We are also revising paragraph (e)(3). We received a petition for 
reconsideration concerning paragraphs (e)(3) and (e)(7). Paragraph (e) 
allows cells and batteries to be transported as Class 9 materials 
provided they meet the requirements in paragraphs (e)(1) through 
(e)(7). The requirement in paragraph (e)(3) states batteries containing 
cells or series of cells connected in parallel must be equipped with 
diodes to prevent reverse current flow. The petitioner stated that 
limiting the protective requirement to diodes unnecessarily restricts 
the use of equally effective alternative protection means as allowed by 
the UN Recommendations and impedes the transportation of large lithium 
batteries. We agree with the petitioner's reasoning that many lithium 
battery manufacturers currently employ other technology to provide 
equally protective means of protection. Based on the above discussion, 
we are revising paragraph (e)(3) to reflect the allowance of any 
effective means of preventing reverse current flow.
    The petitioner also requested we remove the prohibition in 
paragraph (e)(7) to transport cells and batteries if any cell has been 
discharged to the extent that the open circuit voltage is less than two 
volts or less than two thirds of the voltage of the fully charged cell, 
whichever is less. The petitioner's request regarding paragraph (e)(7) 
is beyond the scope of this rulemaking.
    Section 173.242. Paragraph (c) is editorially revised by replacing 
``Specification IM'' with ``IM 101 and IM 102.''
    Section 173.243. Paragraph (c) is corrected by adding ``IM 101 and 
IM 102'' to the portable tanks authorized for certain high hazard 
liquids and dual hazard materials posing a moderate hazard.

Part 174

    Section 174.81. The word ``stowed'' in paragraphs (e)(6) and 
(g)(3)(vi) is corrected to read ``loaded and transported.'' The word 
``stowed'' is specific to the corresponding vessel section of the HMR.

Part 176

    Section 176.84. In paragraph (c)(2), in the List of Notes, the last 
note number is corrected to read ``27E.''

Part 178

    Section 178.274. In paragraph (a), the wording ``refrigerated 
liquefied gases,'' which was deleted during the printing process, is 
added to the definition for test pressure. In paragraph (d)(1)(i), the 
reference ``through (d)(10)'' is corrected to read ``through (d)(7).''

Part 180

    Section 180.605. In paragraph (d), the incorrect reference to 
paragraph (i) for leakage test requirements is corrected to refer to 
paragraph (h). Paragraph (e) is revised to clarify the provisions for 
the exception from the requirement for the internal inspection and 
hydraulic pressure test. Paragraph (h)(3) is corrected by adding the 
inadvertently deleted test pressure for refrigerated liquefied gases.

III. 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. This final rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034). Because 
of the minimal economic impact of this final rule, preparation of a 
regulatory impact analysis or a regulatory evaluation is not warranted.

B. Executive Order 13132

    This final rule was analyzed in accordance with the principles and

[[Page 15739]]

criteria in Executive Order 13132 (``Federalism''). This final rule 
preempts State, local and Indian tribe requirements but does not adopt 
any regulation that has substantial direct effects on the States, the 
relationship between the national government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the consultation and funding requirements of 
Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, (49 U.S.C. 
5101-5127) contains express preemption provisions at 49 U.S.C. 5125(b) 
that preempts State, local and Indian tribe requirements on certain 
covered subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, 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 subject items (1), (2), (3), and 
(5) above and would preempt State, local, and Indian tribe requirements 
not meeting the ``substantively the same'' standard. This final rule is 
necessary to incorporate corrections to changes already adopted in 
international standards. Federal hazardous materials transportation law 
provides at section 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. The effective date of Federal preemption will be 
September 30, 2002.

C. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs, and is required by statute, the funding and 
consultation requirements of Executive Order 13175 do not apply.

D. Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This final rule 
corrects errors in a final rule published June 21, 2001 under Docket 
RSPA-00-7702 (HM-215D) and will not have any direct or indirect adverse 
economic impacts on a substantial number of small entities.

E. Paperwork Reduction Act

    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. There are no new information collection requirements in 
this final rule.

F. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Reporting and recordkeeping requirements.

49 CFR Part 172

    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 176

    Hazardous materials transportation, Maritime 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. 171.12  [Amended]

    2. In Sec. 171.12, the following changes are made:
    a. In paragraph (b)(5), in the first sentence, the wording 
``hazardous materials that conform to the requirements of the IMDG 
Code,'' is removed.
    b. In paragraph (b)(5), at the end of the last sentence, following 
the words ``51 portable tanks'', the wording ``when these portable 
tanks are authorized in accordance with the requirements of this 
subchapter'' is added.
    c. In paragraph (e)(4), the wording ``paragraph (c)(5)'' is removed 
and ``paragraph (e)(5)'' is added in its place.

    3. In Sec. 171.14, in paragraph (d)(4), a sentence is added at the 
end of the existing text to read as follows:


Sec. 171.14  Transitional provisions for implementing certain 
requirements.

* * * * *
    (d) * * *
    (4) * * * (See Sec. 173.32(c) of this subchapter for the continued 
use and manufacture of portable tanks.)
* * * * *

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

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

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


    5. In Sec. 172.101, paragraph (c)(11)(iv)(A) and the Hazardous 
Materials Table is revised to read as follows:

[[Page 15740]]

Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (11) * * *
    (iv) * * *
    (A) Except when the word ``Sample'' already appears in the proper 
shipping name, the word ``Sample'' must appear as part of the proper 
shipping name or in association with the basic description on the 
shipping paper.
* * * * *

                                                                            Sec.  172.101  Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             (8)  Packaging (Sec.  173.***)           (9)  Quantity        (10)  Vessel stowage
                 Hazardous        Hazard                                                                 --------------------------------------        limitations       -----------------------
  Symbols        materials       class or    Identification                  Label    Special provisions                                       --------------------------
    (1)      descriptions and    Division       Nos.  (4)       PG  (5)   Codes  (6)          (7)          Exceptions     Nonbulk                 Passenger      Cargo     Location      Other
              proper shipping       (3)                                                                       (8A)         (8B)     Bulk  (8C)  aircaft/rail   aircraft      (10A)       (10B)
                names  (2)                                                                                                                           (9A)     only  (9B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            [REMOVE:]
            2,5-Norbornadiene,
             stabilized, see
             Bicyclo 2,2,1
             hepta-2,5-diene
             stabilized
            Organochlorine,     6.1         UN2761            I           6.1         IB7, IP1            None          211         242         5 kg          50 kg       A           40
             pesticides, solid
             toxic
            Pepper spray, see   ..........  ................  III         5.1         ..................  152           203         241         2.5 L         30 L        B           56, 58,
             Aerosols, etc. or                                                                                                                                                         69, 106
             Self-defense
             spray, non-
             pressurized
            Phosphoric acid     8           UN1805            III         8           A7, IB3, IP3, N34,  154           203         241         5 L           60 L        A
                                                                                       T4, TP1
            Vinyl chloride,     2.1         UN1086            ..........  2.1         21, B44, T50        306           304         314, 315    Forbidden     150 kg      B           40
             stabilized or
             Vinyl chloride,
             stabilized
            [ADD:]
 
                                       *                  *                  *                  *                  *                  *                  *
            Batteries, wet,     8           UN2795            III         8           ..................  159           159         159         30 kg gross   No limit    A
             filled with
             alkali, electric
             storage
 
                                       *                  *                  *                  *                  *                  *                  *
            2,5-Norbornadiene,
             stabilized, see
             Bicyclo 2,2,1
             hepta-2,5-diene,
             stabilized
 
                                       *                  *                  *                  *                  *                  *                  *
            Organochlorine,     6.1         UN2761            I           6.1         IB7, IP1            None          211         242         5 kg          50 kg       A           40
             pesticides,
             solid, toxic
 
                                       *                  *                  *                  *                  *                  *                  *
            Phosphoric acid,    8           UN1805            III         8           A7, IB3, IP3, N34,  154           203         241         5 L           60 L        A
             liquid or solid                                                           T4, TP1
 
                                       *                  *                  *                  *                  *                  *                  *
G           Samples,                        UN0190            II                      113                 None          62          None        Forbidden     Forbid-     14          12E
             explosive, other                                                                                                                                 den
             than initiating
             explosives.
 
                                       *                  *                  *                  *                  *                  *                  *
            Vinyl chloride,     2.1         UN1086            ..........  2.1         21, B44, T50        306           304         314, 315    Forbidden     150 kg      B           40
             stabilized
 
                                       *                  *                  *                  *                  *                  *                  *
            [REVISE:]
 
                                       *                  *                  *                  *                  *                  *                  *
            Cyclopentene        3           UN2246            II          3           IB2, T7, TP2        150           202         242         5 L           60L         E           40
 
                                       *                  *                  *                  *                  *                  *                  *
            Dichloromethane     6.1         UN1593            III         6.1         IB3, N36, T7, TP2   153           203         241         60 L          220 L       A
 

[[Page 15741]]

 
                                       *                  *                  *                  *                  *                  *                  *
            Diethylthiophos-    8           UN2751            II          8           B2, IB2, T7, TP2    None          212         240         15 kg         50 kg       D           12, 40
             phoryl chloride
 
                                       *                  *                  *                  *                  *                  *                  *
            Dimethyl sulfide    3           UN1164            II          3           IB1, T7, TP2        None          202         242         5 L           60 L        E           40
 
                                       *                  *                  *                  *                  *                  *                  *
            Ethyl bromide       6.1         UN1891            II          6.1         IB2, T7, TP2, TP13  None          202         243         5 L           60 L        B           40, 85
 
                                       *                  *                  *                  *                  *                  *                  *
            Glycidaldehyde      3           UN2622            II          3, 6.1      IB2, T7, TP1        150           202         243         1 L           60 L        A           40
 
                                       *                  *                  *                  *                  *                  *                  *
            Hydrogen peroxide,  5.1         UN2014            II          5.1, 8      12, A3, A6, B53,    None          202         243         Forbidden     Forbid-     D           25, 66,
             aqueous solutions                                                         B80, B81, B85,                                                         den                      75, 106
             with more than 40                                                         IB2, IP5, T7,
             percent but not                                                           TP2, TP6, TP24,
             more than 60                                                              TP37
             percent hydrogen
             peroxide
             (stabilized as
             necessary)
            Hydrogen peroxide,  5.1         UN2014            II          5.1, 8      A2, A3, A6, B53,    None          202         243         1 L           5 L         D           25, 66,
             aqueous solutions                                                         IB2, IP5, T7,                                                                                   75, 106
             with not less                                                             TP2, TP6, TP24,
             than 20 percent                                                           TP37
             but not more than
             40 percent
             hydrogen peroxide
             (stabilized as
             necessary)
            Hydrogen peroxide,  5.1         UN2984            III         5.1         A1, IB2, IP5, T4,   152           203         241         2.5 L         30 L        B           25, 75,
             aqueous                                                                   TP1, TP6, TP24,                                                                                 106
             solutions, with                                                           TP37
             not less than 8
             percent but less
             than 20 percent
             hydrogen
             peroxide,
             (stabilized as
             necessary)
            Hydrogen percent    5.1         UN2015            I           5.1, 8      12, A3, A6, B53,    None          201         243         Forbidden     Forbid-     D           25, 66,
             stabilized or                                                             B80, B81, B85,                                                         den                      75, 106
             Hydrogen peroxide                                                         T10, TP2, TP6,
             aqueous                                                                   TP24, TP37
             solutions,
             stabilized with
             more than 60
             percent hydrogen
             peroxide
 
                                       *                  *                  *                  *                  *                  *                  *
            Isohexenes          3           UN2288            II          3           IB2, T11, TP1       150           202         242         5 L           60 L        E
 
                                       *                  *                  *                  *                  *                  *                  *
            Metal catalyst,     4.2         UN2881            I           4.2         N34                 None          187         None        Forbidden     Forbid-     C
             dry                                                                                                                                              den
 
                                       *                  *                  *                  *                  *                  *                  *
            2-Methyl-2-butene   3           UN2460            II          3           IB2, T7, TP1        None          202         242         5 L           60 L        E
 
                                       *                  *                  *                  *                  *                  *                  *
            Methyl propyl       3           UN2612            II          3           IB2, T7, TP2        150           202         242         5 L           60 L        E           40
             ether
 
                                       *                  *                  *                  *                  *                  *                  *
            Methylal            3           UN1234            II          3           IB2, T7, TP2        None          202         242         5 L           60 L        E

[[Page 15742]]

 
 
                                       *                  *                  *                  *                  *                  *                  *
            Nitromethane        3           UN1261            II          3           ..................  150           202         None        Forbidden     60 L        A
 
                                       *                  *                  *                  *                  *                  *                  *
            [PG II only]
            Pentanes            3           UN1265            II          3           IB2, T4, TP1        150           202         242         5 L           60 L        E
 
                                       *                  *                  *                  *                  *                  *                  *
            Polymeric beads,    9           UN2211            III         9           32, IB8, IP6, IP7   155           221         221         100kg         200kg       A
             expandable,
             evolving
             flammable vapor
 
                                       *                  *                  *                  *                  *                  *                  *
            Propyl chloride     3           UN1278            II          3           IB2, N34, T7, TP2   None          202         242         Forbidden     60 L        E
 
                                       *                  *                  *                  *                  *                  *                  *
D           Radioactive         7           UN2912            ..........  7           T5, TP4             421, 428      427         427         ............  ..........  A           95
             material, low
             specific
             activity, n.o.s.
             or Radioactive
             material, LSA,
             n.o.s.
 
                                       *                  *                  *                  *                  *                  *                  *
D           Radioactive         7           UN2974            ..........  7           ..................  421, 424      415, 416    415, 416    ............  ..........  A           95
             material, special
             form, n.o.s.
D           Radioactive         7           UN2913            ..........  7           ..................  421, 424,     427         427         ............  ..........  A           95
             material, surface                                                                             426
             contaminated
             object or
             Radioactive
             material, SCO
                                       *                  *                  *                  *                  *                  *                  *
G           Substances,         1.4D        UN0480            II          1.4D        101                 None          62          None        Forbidden     75 kg       09
             explosive, n.o.s.
 
                                       *                  *                  *                  *                  *                  *                  *
D           Thorium metal,      7           UN2975            ..........  7, 4.2      ..................  None          418         None        Forbidden     Forbid-     D           95
             pyrophoric                                                                                                                                       den
D           Thorium nitrate,    7           UN2976            ..........  7, 5.1      ..................  None          419         None        Forbidden     15 kg       A           95
             solid
 
                                       *                  *                  *                  *                  *                  *                  *
D           Uranium             7           UN2977            ..........  7, 8        ..................  453           417, 420    417, 420    ............  ..........  A           95
             hexafluoride,
             fissile (with
             more than 1
             percent U-235)
D           Uranium metal,      7           UN2979            ..........  7, 4.2      ..................  None          418         None        ............  ..........  D           95
             pyrophoric
D           Uranium nitrate     7           UN2980            ..........  7, 8        ..................  421, 427      415, 416,   415, 416,   ............  ..........  D           95
             hexahydrate                                                                                                 417         417
             solution
D           Uranyl nitrate,     7           UN2981            ..........  7, 5.1      ..................  None          419         None        Forbidden     15 kg       A           95
             solid
                                       *                  *                  *                  *                  *                  *                  *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 15743]]


    6. In Appendix B to Sec. 172.101, the List of Marine Pollutants is 
amended by removing 7 entries as follows:

                        List of Marine Pollutants
------------------------------------------------------------------------
             S.M.P.  (1)                     Marine pollutant  (2)
------------------------------------------------------------------------
[Remove:]                             Cumene
                                      2,4-D Dimethylphenols, liquid or
                                       solid Ethyl acrylate, stabilized
                                       2-Methyl-2-phenylpropane
                                       Vinyltoluenes, stabilized
------------------------------------------------------------------------


    7. In Sec. 172.102:
    a. In paragraph (c)(1), in Special Provision 136, the fourth 
sentence is revised;
    b. In paragraph (c)(4), the text preceding Table 1 is revised;
    c. In paragraph (c)(7)(i), the first sentence is revised; and
    d. In the paragraph (c)(7)(iv) Portable Tank Code T50 Table, the 
entry for UN No. 1912 entry is revised.
    The revisions and addition read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    136 * * * Hazardous materials shipped under this entry are excepted 
from the labeling requirements of this subchapter unless offered for 
transportation or transported by aircraft and are not subject to the 
placarding requirements of part 172, subpart F, of this subchapter. * * 
*
* * * * *
    (4) Table 1, Table 2, and Table 3--IB Codes, Organic Peroxide IBC 
Code, and IP Special IBC Packing Provisions. These provisions apply 
only to transportation in IBCs. When no IBC packing provision is 
assigned, or when an IBC is not specifically authorized in the 
applicable IBC packing provision for a specific material in the 
Sec. 172.101 Table of this subchapter, alternative IBCs may be approved 
for use by the Associate Administrator. Tables 1, 2 and 3 follow:
* * * * *
    (7) * * *
    (i) * * * These provisions apply to the transportation of hazardous 
materials in UN and IM Specification portable tanks. * * *
* * * * *
    (iv) * * *

                                             Portable Tank Code T50
                         [Portable tank code T50 applies to liquefied compressed gases.]
----------------------------------------------------------------------------------------------------------------
                                     Max. allowable                                                    Maximum
              Non-refrigerated      working pressure       Openings below        Pressure relief       filling
  UN No.    liquefied compressed   (bar) small; bare;       liquid level        requirements (see   density (kg/
                    gases         sunshield; insulated                          Sec.  178.27(e))         l)
----------------------------------------------------------------------------------------------------------------
                          *         *         *         *         *         *         *
     1912   Methyl chloride and   15.2, 13.0, 11.6,     Allowed.............  Normal..............         0.81
             methylene chloride    10.1.
             mixture.
                          *         *         *         *         *         *         *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec. 172.519  [Amended]

    8. In Sec. 172.519, in paragraph (b)(4), in the second sentence, 
the wording ``September 30, 2001'' is removed and ``October 1, 2001'' 
is added in its place.

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

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

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


Sec. 173.24b  [Amended]

    10. In Sec. 173.24b, in paragraph (e)(2) introductory text, in the 
last sentence, the word ``be'' is removed.


Sec. 173.32  [Amended]

    11. In Sec. 173.32, in paragraph (c)(2), in the first sentence, the 
wording ``(see Sec. 171.14(d)(4) of this subchapter)'' is removed and 
``according to the T codes in effect on September 30, 2001 or the new T 
codes in Sec. 172.102(c)(7)(i) (see Sec. 171.14(d)(4) for transitional 
provisions applicable to T codes)'' is added in its place.


Sec. 173.150  [Amended]

    12. In Sec. 173.150, in paragraph (d)(2), the wording ``or less for 
transportation on passenger-carrying aircraft and'' is removed and ``or 
less, and for transportation on passenger-carrying aircraft'' is added 
in its place.

    13. In Sec. 173.185, the following changes are made:
    a. In paragraph (a), in the last sentence, the wording ``or 
battery'' is removed and a new sentence is added at the end of the 
paragraph.
    b. Paragraph (e)(3) is revised.
    The addition and revision read as follows:


Sec. 173.185  Lithium batteries and cells.

    (a) * * * The lithium-equivalent content of a battery equals the 
sum of the grams of lithium-equivalent content contained in the 
component cells of the battery.
* * * * *
    (e) * * *
    (3) Batteries containing cells or series of cells connected in 
parallel must be equipped with effective means, (such as diodes, fuses, 
etc.) as necessary to prevent dangerous reverse current flow.
* * * * *


Sec. 173.242  [Amended]

    14. In Sec. 173.242, in paragraph (c) introductory text, the 
wording ``Specification IM'' is removed and ``Specification IM 101, IM 
102,'' is added in its place.


Sec. 173.243  [Amended]

    15. In Sec. 173.243, in paragraph (c), the wording ``UN portable 
tanks when'' is removed and ``UN portable tanks and IM 101 and IM 102 
portable tanks when'' is added in its place.

PART 174--CARRIAGE BY RAIL

    16. The authority citation for part 174 continues to read as 
follows:

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

    17. In Sec. 174.81, in paragraph (e)(6), in the second sentence, 
and in paragraph (g)(3)(vi), the word ``stowed'' is removed and 
``loaded and transported'' is added in its place.

PART 176--CARRIAGE BY VESSEL

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

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


[[Page 15744]]


    19. In Sec. 176.84, in paragraph (c)(2), in the List of Notes, the 
entry 0127E is removed and a new entry is added in numerical order to 
read as follows:


Sec. 176.84  Other requirements for stowage and segregation for cargo 
vessels and passenger vessels.

* * * * *
    (c) * * *
    (2) * * *

------------------------------------------------------------------------
               Notes                             Provisions
------------------------------------------------------------------------
                  *        *        *        *        *
27E...............................  For closed cargo transport units, a
                                     non-metallic lining is required.
------------------------------------------------------------------------

* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.274  [Amended]

    21. In Sec. 178.274, the following changes are made:
    a. In paragraph (a)(3), in the definition for Test pressure, in the 
first sentence, the wording ``for liquefied compressed gases'' is 
revised to read ``for liquefied compressed gases and refrigerated 
liquefied gases''.
    b. In paragraph (d)(1)(i), the wording ``through (d)(10)'' is 
revised to read ``through (d)(7)''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


Sec. 180.605  [Amended]

    23. In Sec. 180.605, the following changes are made:
    a. In paragraph (d), in the third sentence, the wording ``in 
paragraph (i)'' is revised to read ``in paragraph (h)''.
    b. In paragraph (e), the last sentence is revised.
    c. In paragraph (h)(3), the wording ``inert gas'' is revised to 
read ``inert gas to a pressure not less than 1.3 times the design 
pressure''.
    In paragraph (e), the last sentence is revised to read as follows:


Sec. 180.605  Requirements for periodic testing, inspection and repair 
of portable tanks.

* * * * *
    (e) * * * Portable tanks used for the transportation of 
refrigerated, liquefied gases are excepted from the requirement for 
internal inspection and the hydraulic pressure test during the 5-year 
periodic inspection and test, if the portable tanks were pressure 
tested to a minimum test pressure of 1.3 times the design pressure 
using an inert gas as prescribed in Sec. 178.338-16(a) and (b) of this 
subchapter before putting the portable tank into service initially and 
after any exceptional inspections and tests specified in paragraph (f) 
of this section.
* * * * *

    Issued in Washington, DC, on March 14, 2002, under authority 
delegated in 49 CFR part 1.
Ellen G. Engleman,
Administrator.
[FR Doc. 02-6645 Filed 4-2-02; 8:45 am]
BILLING CODE 4910-60-P