[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Rules and Regulations]
[Pages 44992-45043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19016]



[[Page 44991]]

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Part II





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 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. 68, No. 147 / Thursday, July 31, 2003 / Rules 
and Regulations  

[[Page 44992]]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 175, 176, 178 and 180

[Docket No. RSPA-2002-13658 (HM-215E)]
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.

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SUMMARY: RPSA is amending the Hazardous Materials Regulations (HMR) to 
maintain alignment with international standards by incorporating 
various amendments, including changes to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations and vessel stowage requirements. 
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: The effective date of these amendments is 
October 1, 2003.
    Voluntary Compliance Date: RSPA is authorizing immediate voluntary 
compliance. However, RSPA may further revise this rule as a result of 
appeals it may receive for this rule.
    Delayed Compliance Date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is mandatory October 1, 
2004.
    Incorporation by Reference Date: The incorporation by reference of 
the publication adopted in Sec.  171.7 of this final rule has been 
approved by the Director of the Federal Register as of October 1, 2003.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 3, 2002, the Research and Special Programs 
Administration (RSPA, we) published a notice of proposed rulemaking 
(NPRM) (67 FR 72034) under Docket HM-215E. The NPRM proposed changing 
the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to 
align it with updates and revisions to the UN Recommendations, the IMDG 
Code and the ICAO Technical Instructions with respect to hazard 
communication, classification, and packaging requirements. Our intent 
was to facilitate the international transportation of hazardous 
materials by ensuring a basic consistency between the HMR and 
international standards, while at the same time ensuring the safe 
transportation of hazardous materials.
    On January 8, 2003, we published a final rule under Docket HM-215E 
(68 FR 1013) authorizing the use of the 2003-2004 edition of the ICAO 
Technical Instructions, Amendment 31 to the IMDG Code, and the twelfth 
revised edition of the UN Recommendations beginning January 1, 2003, 
the effective date of the international standards.
    The UN Recommendations are not regulations, but rather 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. They serve as the basis for 
National, regional, and international modal regulations; specifically, 
the IMDG Code developed by the International Maritime Organization 
(IMO) Dangerous Goods, Solid Cargoes and Containers Subcommittee, and 
the ICAO Technical Instructions developed by the ICAO Dangerous Goods 
Panel. Subject to certain conditions and limitations, Sec.  171.12 of 
the HMR authorizes domestic transportation of 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, Sec.  171.11 of the HMR authorizes the offering, 
acceptance and transport of hazardous materials by aircraft, and by 
motor vehicle either before or after being transported by aircraft, 
provided the shipment is in accordance with the ICAO Technical 
Instructions.
    On December 21, 1990, RSPA published a final rule (Docket HM-181; 
55 FR 52402) based on the UN Recommendations, which comprehensively 
revised the HMR for harmonization with international standards. Since 
publication of the 1990 final rule, we have issued four additional 
international harmonization final rules (Dockets HM-215A, 59 FR 67390; 
HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; and HM-215D, 66 FR 33316). 
The rules provided additional harmonization with international 
transportation requirements by more fully aligning the HMR with the 
corresponding biennial updates of the UN Recommendations, the IMDG Code 
and the ICAO Technical Instructions.
    The large volume of hazardous materials transported in 
international commerce warrants the harmonization of domestic and 
international requirements to the greatest extent possible. 
Harmonization serves to facilitate international transportation, 
reduces cost to industry, and ensures the safety of people, property 
and the environment. While the intent of the harmonization rulemakings 
is to align the HMR with international standards, we review and 
consider each amendment on its own merit. Each amendment is considered 
on the basis of the overall impact on transportation safety and the 
economic implications associated with its adoption into the HMR. Our 
goal is to harmonize without sacrificing the current HMR level of 
safety and without imposing undue burdens on the regulated public. In 
our efforts to continue to align the HMR with international 
requirements, this final rule makes changes to the HMR based on the 
twelfth revised edition of the UN Recommendations, Amendment 31 to the 
IMDG Code, and the 2003-2004 ICAO Technical Instructions, which became 
effective January 1, 2003. Petitions for rulemaking concerning 
harmonization with international standards and the facilitation of 
international transportation are also addressed in this final rule and 
serve as the basis of certain amendments. Other amendments are based on 
feedback from the regulated industry, other DOT modal administrations 
and our initiative. Also included are various editorial clarifications. 
Unless otherwise stated, the revisions are for harmonization with 
international standards.
    Various commenters raised issues that are beyond the scope of this 
rulemaking. Such issues will not be addressed in this final rule and 
must first be addressed in an NPRM to afford industry and the public 
opportunity to comment.

[[Page 44993]]

II. Overview of Changes in this Final Rule

    Amendments to the HMR in This final rule include, but are not 
limited to the following:
    [sbull] Amendments to the Hazardous Materials Table (HMT) which 
add, revise or remove certain proper shipping names, hazard classes, 
packing groups, special provisions, packaging authorizations, bulk 
packaging requirements, passenger and cargo aircraft maximum quantity 
limitations and vessel stowage provisions.
    [sbull] Amendments to the List of Marine Pollutants.
    [sbull] Revisions and additions of special provisions. Included is 
the addition of a special provision for assignment to aerosol entries 
setting forth the criteria for classifying aerosols.
    [sbull] Addition of a requirement to enter the subsidiary hazard 
class or subsidiary division number on shipping papers.
    [sbull] Addition of a requirement to indicate the number and types 
of packagings on shipping papers.
    [sbull] Addition of an alternative basic description sequence on 
shipping papers.
    [sbull] Revision of marking requirements for limited quantities.
    [sbull] Addition of an air eligibility marking requirement.
    [sbull] Revision of requirements in Sec.  173.27 for packagings 
intended for transportation by aircraft, including revision of 
requirements for use of absorbent material for such packagings.
    [sbull] Revision to the classification of air bag modules, air bag 
inflators and seat-belt pretensioners from Division 2.2 to Class 9.
    [sbull] Revision of the non-liquefied and liquefied compressed 
gases descriptions, and the addition of high pressure and low pressure 
liquefied gases categories.
    [sbull] Revisions and additions to the Self-Reactive Materials 
Table.
    [sbull] Revisions and additions to the Organic Peroxide Table.
    [sbull] Revision of the net weight restrictions for explosives in 
freight containers exceeding 20 ft (6 m) in length.

III. Summary of Regulatory Changes by Section

Part 171

    Section 171.6. We are revising the table in paragraph (b)(2) to 
incorporate a new information collection, OMB No. 2137-0613, 
``Subsidiary Hazard Class and Number/Type of Packagings,'' and the 
affected sections, Sec. Sec.  172.202 and 172.203.
    Section 171.7. We are adding Regulation 19 of an IMO standard 
titled ``International Convention for the Safety of Life at Sea,'' 
1974, as amended, Chapter II-2. Regulation 19 is incorporated into a 
new paragraph (f) in Sec.  176.63 to address hatchless container ship 
requirements.
    Section 171.8. In the definition for ``Large packaging,'' we are 
adding the words ``Chapter 6.6'' to let readers know the location in 
the UN Recommendations for the construction, testing and marking of 
such packagings.
    Section 171.11. We are revising paragraphs (c), (d)(5) and (d)(17) 
to address certain limitations for the use of the ICAO Technical 
Instructions.
    In paragraph (c), for hazardous materials being transported in 
accordance with the ICAO Technical Instructions, the restrictions for 
the use of the Instructions are revised to include hazardous materials 
that are forbidden by passenger and cargo aircraft, as designated in 
Columns (9A) and (9B) of the Sec.  172.101 HMT. Prior to this revision, 
the paragraph restricted materials that are forbidden according to 
Sec.  173.21 and Column (3) of the HMT only.
    In paragraph (d)(5), we are removing the wording ``except for 
Division 2.2'' relating to shipping paper requirements for air bag 
inflators, air bag modules and seat-belt pretensioners. This amendment 
is consistent with the removal of the Division 2.2 air bag inflator, 
air bag module and seat-belt pretensioner entry in the HMT (see Sec.  
172.101).
    Paragraph (d)(17) is revised to clarify the current requirement 
that, in addition to organic peroxides, self-reactive substances not 
specifically identified by name in Sec.  173.224(b) also must be 
approved by the Associate Administrator in accordance with the 
requirements in Sec.  173.124(a)(2)(iii).
    Section 171.12. We are revising paragraphs (b)(3), (b)(19), and 
(b)(20).
    In paragraph (b)(3), we are removing certain viscous flammable 
liquids as an example of a material designated as a hazardous material 
subject to the HMR, but not subject to the IMDG Code. The IMO removed 
the exception in Amendment 31 to the IMDG Code.
    In paragraph (b)(19), we are removing the wording ``except for 
Division 2.2'' relating to shipping paper requirements for air bag 
inflators, air bag modules and seat-belt pretensioners. This revision 
is consistent with the removal of the Division 2.2 air bag inflator, 
air bag module and seat-belt pretensioner entry in the HMT (see Sec.  
172.101).
    In paragraph (b)(20), we are clarifying the current requirement 
that, in addition to organic peroxides, self-reactive substances not 
specifically identified by name in Sec.  173.224(b) must also be 
approved by the Associate Administrator in accordance with the 
requirements in Sec.  173.124(a)(2)(iii).
    For the readers' information, recently adopted amendments to the 
International Convention for the Safety of Life at Sea (SOLAS), 1974, 
as amended, will require mandatory of the use of the IMDG Code 
effective January 1, 2004. This issue will be addressed under a 
separate rulemaking.
    Section 171.12a. We are revising paragraph (b)(18) to clarify the 
existing requirement that, in addition to organic peroxides, self-
reactive substances not specifically identified by name in Sec.  
173.224(b) also must be approved by the Associate Administrator in 
accordance with the requirements in Sec.  173.124(a)(2)(iii).
    Section 171.14. We are revising paragraphs (d), (d)(1), (d)(2), 
(d)(4), and (d)(5). We received several comments concerning the 
proposed transitional provisions. Several commenters requested that we 
implement an overall two-year transition period from the October 1, 
2003 effective date, and several commenters requested an overall three-
year transition period. In the NPRM, we proposed a mandatory compliance 
date of October 1, 2004.
    While we do not agree that all amendments require an additional 
extended compliance date, we do agree that certain amendments warrant 
the additional time. We are, therefore, authorizing an October 1, 2007 
mandatory compliance date for the new requirement in Sec.  
172.202(a)(5) to include the number and types of packagings on shipping 
papers. This requirement was identified by commenters as requiring 
additional time to offset any associated burden. Additionally, we are 
adopting an October 1, 2007 transition date for modifications to 
package markings that will change as a result of changes to certain 
proper shipping names. We are also adopting an October 1, 2005 
compliance date for use of proper shipping names that did not identify 
specific isomers by numbers or letters preceding the chemical name. 
Finally, we are authorizing an October 1, 2005 mandatory compliance 
date for the requirement to include the subsidiary hazard class or 
division number on shipping papers.
    We are revising paragraphs (d) and (d)(1) to authorize an October 
1, 2004 implementation date for the amendments in this final rule.
    We are revising paragraph (d)(2) to authorize certain intermixing 
of old and new requirements until October 1, 2004.
    We are revising paragraph (d)(4) to allow until June 1, 2010, DOT

[[Page 44994]]

Specification 51 portable tanks to conform with the T Codes (Special 
Provisions) in effect on September 30, 2001.
    We are revising paragraph (d)(5) to allow proper shipping names 
that included the word ``inhibited'' prior to the June 21, 2001 final 
rule, to continue to be shown on packagings and shipping papers in 
place of the word ``stabilized'' until October 1, 2007. Additionally, 
the October 1, 2007 date applies to the proper shipping names in this 
final rule that are revised by removing the word ``compressed'' (see 
Sec.  172.101, HMT).
    Paragraph (d)(6) authorizes use of the shipping paper requirement 
to include the total quantity of packages on shipping papers until 
October 1, 2007.
    Paragraph (d)(7) authorizes use of the non-mandatory provision to 
include the subsidiary hazard class or division number on shipping 
papers until October 1, 2005.
    Paragraph (d)(8) authorizes the marking of certain other proper 
shipping names on packagings until October 1, 2005. The proper shipping 
names are those that are revised to include the position identifiers of 
the substituents, such as 2-Ethylbutyl acetate (see Sec.  172.101, HMT 
preamble discussion).

Part 172

    Section 172.101. In the regulatory text preceding the Hazardous 
Materials Table, the following changes are made:
    Paragraph (c)(15) is revised by removing the words ``of inorganic 
substances.'' Prior to this revision, unless a hydrate was specifically 
listed in the HMT, only hydrates of inorganic substances were 
authorized to be identified using the proper shipping name for the 
equivalent anhydrous substance, provided the hydrates met the same 
hazard class, division, subsidiary risk(s) and packaging group. With 
the removal of the phrase ``of inorganic substances,'' paragraph 
(c)(15) applies to all hydrates.
    Section 172.101 Hazardous Materials Table (HMT). We are making 
various amendments to the HMT. Readers should review all changes for a 
complete understanding of the Table amendments. For purposes of the 
Government Printing Office's typesetting procedures, changes to the HMT 
will appear under three sections of the Table, ``remove,'' ``add'' and 
``revise.'' Certain entries in the HMT, such as those with revisions to 
the proper shipping names, will appear as a ``remove'' and ``add.'' 
Amendments to the HMT for the purpose of harmonizing with international 
standards, unless otherwise stated, include, but are not limited to the 
following:
    [sbull] ``Accumulators, pressurized, pneumatic or hydraulic 
(containing non-flammable gas), see Articles, pressurized, pneumatic or 
hydraulic (containing non-flammable gas)'' is added as a ``see'' entry 
into the HMT to aid the reader in locating the updated entry. This 
action is based on feedback we received from users of the HMR after we 
removed the domestic entry (``Accumulators, pressurized, pneumatic,'' 
UN1956), as well as certain other domestic entries from the HMT in a 
final rule, HM-215D (66 FR 33316), published June 21, 2001. The entries 
were removed because we determined that they were no longer necessary 
considering the HMT already includes equally appropriate international 
entries. (Also see Sec.  173.306(f) for a related editorial revision.)
    [sbull] ``Air bag inflators, compressed gas or Air bag modules, 
compressed gas or Seat-belt pretensioners, compressed gas,'' Division 
2.2, UN3353 is removed. All air bag inflators, air bag modules and 
seat-belt pretensioners currently classified as Division 2.2 may be 
reclassified as Class 9. We are also incorporating into the HMR a 
provision to allow this reclassification without further testing (see 
Sec.  173.166). In line with the removal of this entry, Special 
Provision 133 is also removed. We are aware that removal of the UN3353 
entry will require repackaging, remarking and relabeling of all 
compressed gas air bag assemblies. We received a comment from the North 
American Automotive Hazmat Action Committee (NAAHAC) expressing this 
concern; however, the NAAHAC stated that the proposed mandatory 
compliance date of October 1, 2004, would be sufficient time to 
implement the new requirements. We also believe that the mandatory 
compliance date of October 1, 2004, and the transitional provisions in 
Sec.  171.14(d)(2), authorizing certain intermixing of old and new 
requirements, will offer sufficient time and flexibility to implement 
the new requirements and reduce the costs of meeting this requirement.
    [sbull] ``Air bag inflators, pyrotechnic or Air bag modules, 
pyrotechnic or Seat-belt pretensioner, pyrotechnic'' UN0503, Division 
1.4G, is amended by removing the word ``pyrotechnic'' from the proper 
shipping names in Column (2), revising Columns (8A) and (8C) to read 
``None,'' revising Column (8B) to read ``Sec.  173.62'' (also see Sec.  
173.62), adding new Special Provision 161 (see Sec.  172.102), and 
revising the vessel stowage columns (10A) and (10B). We are adding 
Special Provision 161 because we believe that a more appropriate name 
is ``Articles, pyrotechnic for technical purposes,'' UN0431. We believe 
that an article meeting the criteria for Division 1.4G should be 
considered a pyrotechnic article and not an air bag. We received a 
comment from NAAHAC supporting this revision and stating that if an 
inflator does not pass the UN Recommendations' Series 6 test criteria, 
it is considered a pyrotechnic article and not an airbag. (Also see 
Special Provision 161.)
    [sbull] ``Air bag inflators, pyrotechnic or Air bag modules, 
pyrotechnic or Seat-belt pretensioner, pyrotechnic,'' UN3268, Class 9, 
is amended by removing the descriptive word ``pyrotechnic'' and adding 
new Special Provision 160 (see Sec.  172.102). NAAHAC requested that we 
retain the word ``pyrotechnic'' as a descriptive word in the shipping 
name to provide time for depletion of existing inventories. Although we 
are removing the word ``pyrotechnic'' in this rulemaking, we believe 
that extending the mandatory compliance date from October 1, 2004, as 
proposed in the NPRM, to October 1, 2005, as adopted in this final rule 
(see Sec.  173.166(d)(5)), will provide the necessary time requested by 
the commenters.
    [sbull] ``Ammonium nitrate, with not more than 0.2% combustible 
substances, including any organic substance calculated as carbon to the 
exclusion of any other added substance,'' UN1942 is amended by 
editorially correcting the italicized portion of the proper shipping 
name by adding the word ``total'' after ``0.2%.''
    [sbull] ``Ammonium nitrate fertilizers,'' UN2071, and ``Ammonium 
nitrate fertilizers,'' UN2067 are amended by removing the italicized 
portion of the proper shipping names, adding new Special Provision 150 
to the UN2067 entry, and revising Special Provision 132 which applies 
to the UN2071 entry (see Sec.  172.102 for Special Provision 
amendments).
    [sbull] ``Ammonium nitrate fertilizers,'' NA2072 and ``Ammonium 
nitrate mixed fertilizers,'' NA2069 are removed. We believe that the 
international entry ``Ammonium nitrate fertilizers,'' UN2067 can be 
used in place of the domestic entries, which do not provide any 
additional exceptions.
    [sbull] A new entry, ``Ammonium nitrate emulsion or Ammonium 
nitrate suspension or Ammonium nitrate gel, intermediate for blasting 
explosives,'' UN3375 (also see Sec.  172.102, Special Provisions 52 and 
147) is added.
    [sbull] For the entry ``Calcium hypochlorite, hydrated or Calcium 
hypochlorite, hydrated mixtures, with

[[Page 44995]]

not less than 5.5 percent but not more than 10 percent water,'' UN2880, 
the wording ``not more than 10 percent water'' is revised to read ``not 
more than 16 percent water.''
    [sbull] Four proper shipping names are revised by adding the 
position identifiers of the substituents. The proper shipping names are 
``Diethylaminopropylamine,'' position identifier ``3'; 
``Dimethylcyclohexylamine,'' position identifiers ``N,N'; ``Ethylbutyl 
acetate,'' position identifier ``2''; ``Propyl chloride'' which is 
replaced by ``1-Chloropropane,'' and ``Tetrachloroethane,'' position 
identifiers ``1,1,2,2,''. Also, see Sec.  171.14(d)(6) for the 
continued use provision of these proper shipping names.
    [sbull] The entry ``Hydrazine hydrate or Hydrazine aqueous 
solutions, with not less than 37 percent but not more than 64 percent 
hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous or Hydrazine 
aqueous solutions with more than 64 percent hydrazine, by mass,'' 
UN2029 are removed and ``Hydrazine aqueous solution, with more than 37% 
hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous,'' UN2029'' are 
added.
    [sbull] Eleven entries are revised by removing the qualifying word 
``compressed.'' This action is consistent with the revisions to proper 
shipping names for compressed and liquefied gases that were 
incorporated into the Twelfth Edition of the UN Recommendations and 
which we are adopting into the HMR (see Sec.  173.115 for additional 
discussion). The eleven entries are ``Boron trifluoride, compressed,'' 
UN1008; ``Carbonyl fluoride, compressed,'' UN2417; ``Diborane, 
compressed,'' UN1911; ``Ethylene, compressed,'' UN1962; 
``Hexafluoroethane, compressed or Refrigerant gas R 116,'' UN2193; 
``Nitrogen trifluoride, compressed,'' UN2451; ``Phosphorus 
pentafluoride, compressed,'' UN2198; ``Silane, compressed,'' UN2203; 
``Silicon tetrafluoride, compressed,'' UN1859; ``Tetrafluoromethane, 
compressed or Refrigerant gas R 14,'' UN1982; and ``Xenon, 
compressed,'' UN2036. Also, see Sec.  171.14(d)(6) for the continued 
use provision of these proper shipping names.
    [sbull] For the proper shipping name ``Lighters or Lighter refills 
cigarettes, containing flammable gas,'' UN1057, the word ``cigarettes'' 
is removed.
    [sbull] The proper shipping name ``Lithium hydroxide, monohydrate 
or Lithium hydroxide, solid,'' UN2680 is revised to read ``Lithium 
hydroxide.''
    [sbull] For the entry ``Medicine, liquid, toxic, n.o.s.,'' UN1851, 
we are adding Special Provision 36. The special provision, which limits 
the maximum net quantity per package to 5 L (1 gal) for liquids and 5 
kg (11 lbs) for solids, is currently assigned to ``Medicine, liquid, 
flammable, toxic, n.o.s.,'' UN3248 and ``Medicine, solid, toxic, 
n.o.s.,'' UN3249.
    [sbull] For the entry ``Motor fuel anti-knock mixtures,'' UN1649, 
we are removing the subsidiary risk hazard from the labeling 
requirement, and adding new Special Provision 151. This action is based 
on a petition for rulemaking (P-1420) we received (see discussion under 
Sec.  172.102).
    [sbull] The proper shipping name ``Uranium nitrate hexahydrate 
solution,'' UN2980 is corrected by replacing the word ``Uranium'' with 
``Uranyl.'' The typographical error occurred in the April 3, 2002 
document published in the Federal Register (67 FR 15736).
    [sbull] The entry ``Xylidines, solution,'' UN1711 is revised to 
read ``Xylidines, liquid.''
    [sbull] In addition to those entries identified above, we are 
adding the following new entries: ``Chlorosilanes, toxic, corrosive, 
n.o.s.,'' UN3361; ``Chlorosilanes, toxic, corrosive, flammable, 
n.o.s.,'' UN3362; ``Ethylene glycol diethyl ether,'' UN1153; ``Fibers, 
animal or fibers, vegetable burnt, wet or damp,'' UN1372; ``Fibers, 
vegetable, dry,'' UN3360; ``4-Nitrophenylhydrazine, with not less than 
30% water, by mass,'' UN3376; ``Organometallic compound, solid, water-
reactive, flammable, n.o.s.,'' UN3372; ``Rags, oily,'' UN1856; ``Rubber 
scrap or Rubber shoddy, powdered or granulated, not exceeding 840 
microns and rubber content exceeding 45%,'' UN1345; ``Sodium dinitro-o-
cresolate, wetted, with not less than 10% water by mass,'' UN3369; 
``Textile waste, wet,'' UN1857; ``Trinitrobenzene, wetted, with not 
less than 10% water by mass,'' UN3367; ``Trinitrobenzoic acid, wetted, 
with not less than 10% water by mass,'' UN3368; ``Trinitrochlorobenzene 
(picryl chloride), wetted, with not less than 10% water by mass,'' 
UN3365; ``Trinitrophenol (picric acid), wetted, with not less than 10% 
water by mass,'' UN3364; ``Trinitrotoluene (TNT), wetted, with not less 
than 10% water by mass,'' UN3366 and ``Wool waste, wet,'' UN1387.
    [sbull] Various entries are amended by revising the vessel stowage 
columns (10A) and/or (10B). The entries include the following: the five 
``Aerosols,'' UN1950 entries; ``Ammunition, smoke with or without 
burster, expelling charge or propelling charge,'' UN0303; ``Battery 
fluid, alkali,'' UN2797; ``Methacrylic acid, stabilized,'' UN2531; 
``Sulfur, molten,'' UN2448; and ``Urea, nitrate, wetted with not less 
than 20 percent water, by mass,'' UN1357.
    Also, see Sec.  172.102 for additional HMT amendments.
    Appendix B to Sec.  172.101. In Appendix B to Sec.  172.101, List 
of Marine Pollutants, we are revising paragraphs ``4'' and ``5'' to 
update the location in the IMDG Code for the ``Guidelines for the 
Identification of Harmful Substances in Packaged Form.'' This update is 
based on the IMDG Code's change in location from the General 
Introduction to Chapter 2.10.
    In addition, we are removing the entries ``Alkylphenols, liquid, 
n.o.s. (including C2-C12 homologues),'' ``Alkylphenols, solid, n.o.s. 
(including C2-C12 homologues),'' ``Chlorophenols, liquid,'' and 
``Chlorophenols, solid,'' from the List of Marine Pollutants. We are 
revising the entry ``Alkylbenzenesulphonates, branched and straight 
chain'' by adding a qualifying phrase to clarify that C11-C13 straight 
chain or branched chain homologues are not regulated as marine 
pollutants. Finally, we are adding the entry ``Decyl acrylate.''
    Section 172.102. We are amending Sec.  172.102, Special Provisions, 
as follows:
    [sbull] Special Provisions 7 and 10 are removed. These special 
provisions are assigned to the entries ``Ammonium nitrate mixed 
fertilizers,'' NA2069 and ``Ammonium nitrate fertilizers,'' NA2072, 
respectively, which we are removing (see Sec.  172.101, HMT).
    [sbull] Special Provision 15, which is assigned to ``Chemical 
kits,'' UN3316 and ``First aid kits,'' UN3316, is revised for 
consistency with packagings authorized for limited quantity exceptions. 
We are also relocating the authorized packagings to Sec.  173.161. 
Revised Special Provision 15 specifies (1) which chemical and first aid 
kits are properly described by the entries; (2) that materials 
forbidden by air may not be included in the kits when they are 
transported by air; and (3) that kits carried on board transport 
vehicles for first aid or operating purposes are not subject to the 
HMR.
    [sbull] Special Provision 30 is revised to include an exception 
from the placarding requirements for ``Sulfur, molten'' UN2448 and 
``Sulfur,'' UN1350. Prior to this change, the domestic entries 
``Sulfur, molten,'' NA2448 and ``Sulfur,'' NA1350 did not require 
placards because both entries are Class 9 materials and meet the 
placarding exceptions for the hazard

[[Page 44996]]

class in Sec.  172.504(f)(9). Revised Special Provision 30 provides the 
same placarding exceptions for the international entries provided the 
bulk packagings are marked in accordance with Sec.  172.325.
    [sbull] Special Provision 52 is editorially revised by removing the 
wording specific to fertilizers. The special provision, which is 
currently applied to ``Ammonium nitrate fertilizers,'' UN2067, is added 
to the new entry ``Ammonium nitrate emulsion or Ammonium nitrate 
suspension or Ammonium nitrate gel, intermediate for blasting 
explosives,'' UN3375. The special provision states that a material 
using the assigned entries may not exhibit explosive properties of 
Class 1 (explosive) when tested in accordance with the UN Manual of 
Tests and Criteria, Part I, Test Series 1 and 2.
    [sbull] Special Provision 130, which excepts dry batteries from the 
HMR, is revised by adding a requirement that such batteries must be 
securely packed and protected against short circuits and by clarifying 
that dry batteries specifically named in the Sec.  172.101 Table are 
not eligible for the exception.
    [sbull] Special Provision 132 is revised to add the criteria for 
use of this special provision. The special provision is added to the 
revised entry ``Ammonium nitrate,'' UN2071, Class 9.
    [sbull] Special Provision 133 is removed. This special provision 
was assigned to the entry ``Air bag inflators, compressed gas or Air 
bag modules, compressed gas or Seat-belt pretensioners, compressed 
gas'' UN3353, Division 2.2, which is removed from the HMT by this final 
rule (see discussion under Sec.  172.101, HMT.)
    [sbull] Existing Special Provision 134 is revised to include 
vehicles powered by lithium batteries. This revision is based on 
comments from Argonne National Laboratories and the Conference on Safe 
Transportation of Hazardous Articles.
    [sbull] New Special Provision 145 is added to the existing entry 
``Hydrogen peroxide and peroxyacetic acids mixtures, stabilized, with 
acids, water and not more than 5 percent peroxyacetic acid,'' UN3149. 
The special provision describes the formulations for which this entry 
apply.
    [sbull] New Special Provision 146 is added to the entries 
``Environmentally hazardous substances, liquid, n.o.s.,'' UN3082 and 
``Environmentally hazardous substances, solid, n.o.s.,'' UN3077 to 
clarify that the entries may be used to describe a material that poses 
a hazard to the environment if it is designated as environmentally 
hazardous by the Competent Authority of the country of origin, transit 
or destination, even if it is not an environmentally hazardous 
substance under the HMR.
    [sbull] New Special Provision 147 is added to the new entry, 
``Ammonium nitrate emulsion or Suspension or Gel, intermediate for 
blasting explosives,'' UN3375. The special provision describes the 
composition of the material for which the use of the entry is 
authorized and prohibits the material from being classified and 
transported unless approved by the Associate Administrator.
    [sbull] New Special Provision 149 is added to the Packing Group II 
entries for 13 existing proper shipping names. The special provision 
allows the maximum net capacity for inner packagings to be increased to 
no more than 5 L (1.3 gal) when the material is transported as a 
limited quantity. The National Paint and Coatings Association (NPCA) 
supports the increase for inner packagings, stating that the potential 
for errors will be greatly reduced by allowing the same quantity limits 
for PG II and PG III materials. However, NPCA, along with the 
Association of Hazmat Shippers and PPG Industries, requests that we 
clarify that the special provision is applicable to consumer 
commodities as well as limited quantities. We revised the special 
provision accordingly. The 13 entries are: ``Adhesives, containing a 
flammable liquid,'' UN1133; ``Coating solution (includes surface 
treatments or coatings used for industrial or other purposes such as 
vehicle undercoating, drum or barrel lining),'' UN1139; ``Extracts, 
aromatic, liquid,'' UN1169; ``Extracts, flavoring, liquid,'' UN1197; 
``Printing ink, flammable or Printing ink related material (including 
printing ink thinning or reducing compound), flammable,'' UN1210; 
``Paint including paint, lacquer, enamel, stain, shellac solutions, 
varnish, polish, liquid filler, and liquid lacquer base,'' UN1263; 
``Paint related material including paint thinning, drying, removing, or 
reducing compound,'' UN1263; ``Perfumery products with flammable 
solvents,'' UN1266; ``Rubber solution,'' UN1287; ``Wood preservatives, 
liquid,'' UN1306; ``Resin solution, flammable,'' UN1866; ``Tars, liquid 
including road asphalt and oils, bitumen and cut backs,'' UN1999; and 
``Polyester resin kit,'' UN3269 for Packing Group II resin kits as 
specified in Special Provision 40.
    [sbull] New Special Provision 150 is added to the entry ``Ammonium 
nitrate based fertilizer,'' UN2067 to authorize the use of the entry 
for uniform mixtures containing ammonium nitrate as the main ingredient 
within certain composition limits.
    [sbull] New Special Provision 151 is added to the new entry 
``Hydrazine aqueous solution, with more than 37% hydrazine, by mass'' 
UN2030, Packing Group I and to the existing entry ``Motor fuel anti-
knock mixtures,'' UN1649. This special provision requires a packaging 
containing a material meeting the definition of a flammable liquid to 
display a FLAMMABLE LIQUID label, and it requires a Class 3 subsidiary 
hazard to be shown on shipping papers.
    With regard to the entry ``Motor fuel anti-knock mixtures,'' 
UN1649, as discussed in the NPRM, we received a petition for rulemaking 
(P-1420) requesting that we remove the flammable subsidiary risk for 
this entry. The petitioner stated that the international standards do 
not assign the entry a flammable subsidiary risk and that the 
inconsistency with the HMR causes a regulatory compliance burden when 
transporting the material internationally. The petitioner stated that 
removing the subsidiary risk is additionally justified because motor 
fuel anti-knock mixtures containing tetramethyl lead, with fire points 
greater than 54 [deg]C (129.2 [deg]F), are no longer manufactured or 
transported. Although the UN Recommendations, the ICAO Technical 
Instructions and the IMDG Code do not assign a flammable subsidiary 
risk to the entry, all three standards assign a special provision 
stating that mixtures with a flashpoint of less than 60.5 [deg]C (141 
[deg]F) must bear a flammable liquid subsidiary risk label. We are 
removing the flammable subsidiary risk from the label requirements in 
Column (6) of the HMT for ``Motor fuel anti-knock mixtures,'' UN1649 
and adding a new Special Provision 151 to require a FLAMMABLE LIQUID 
subsidiary label only when the mixtures have a flashpoint of less than 
60.5 [deg]C (140.9 [deg]F). Also, see preamble text under the Sec.  
172.101 Table changes.
    [sbull] New Special Provision 153 is added to the five 
``Aerosols,'' UN1950 entries to provide the criteria for classifying 
aerosols.
    [sbull] New Special Provision 155 is added to two entries, ``Fish 
meal, stabilized or Fish scrap, stabilized,'' UN2216 and ``Fish meal, 
unstabilized or Fish scrap, unstabilized,'' UN1374. The special 
provision specifies that the fish scrap or fish meal may not be 
transported if the temperature of fish scrap at the time of loading 
either exceeds 35 [deg]C (95 [deg]F), or exceeds 5 [deg]C (41 [deg]F) 
above the ambient temperature, whichever is higher. Also see Sec.  
173.218 for additional discussion.
    [sbull] New Special Provision 156 is added to three entries, ``Blue 
asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),'' UN2212, 
``White

[[Page 44997]]

asbestos (chrysotile, actinolite, anthophyllite, tremolite),'' UN2590, 
and ``Asbestos,'' NA2212. The special provision provides an exception 
from the HMR for certain asbestos. Prior to this change, the exception 
was located in Sec.  173.216(b) and excepted asbestos immersed or fixed 
in a natural or artificial binder material and asbestos contained in 
manufactured products. Before the development of the HM-215E NPRM, we 
received comments that Sec.  173.216 was not an appropriate location 
for this exception because it is referenced in the non-bulk column of 
the HMT, leading readers to believe that the exception applies to non-
bulk packagings only. To clarify that this exception applies to both 
non-bulk and bulk packagings, we are moving the exception from Sec.  
173.216(b) to new Special Provision 156.
    [sbull] New Special Provision 157 is added to the entries 
``Vehicle, flammable gas powered,'' and ``Vehicle, flammable liquid 
powered,'' each of which is assigned to UN3166. The new special 
provision specifies that the entries include hybrid electric vehicles 
powered by both internal combustion engines and wet, sodium or lithium 
batteries. NAAHAC agrees with the adoption of Special Provision 157, 
and requests that we clarify whether we are addressing all wet 
batteries. We do intend for the entries ``Vehicle, flammable gas 
powered'' and ``Vehicle, flammable liquid powered,'' and Special 
Provision 157 to apply to all wet batteries. While we are not aware of 
any hybrid vehicles that utilize wet batteries as a source of 
propulsion power, we included the reference in order to provide 
flexibility to encompass all wet batteries contained in the vehicle.
    [sbull] New Special Provision 159 is added to the entry ``5-tert-
Butyl-2,4,6-trinitro-m-xylene or Musk Xylene,'' UN2956. The special 
provision requires this material to be protected from direct sunshine 
and kept in a cool, well-ventilated place away from sources of heat.
    [sbull] New Special Provision 160 is added to the entry ``Air bag 
inflators, or Air bag modules, or Seat-belt pretensioner,'' UN3268, 
Class 9. The special provision includes the requirement that air bag 
inflators and modules must be tested in accordance with Test series 6 
(c) of Part I of the UN Manual of Tests and Criteria, and also includes 
an exception from testing air bag modules that contain an inflator that 
has been previously approved for transportation. We received a comment 
from NAAHAC supporting adoption of this special provision.
    [sbull] New Special Provision 161 is added to the entry ``Air bag 
inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt 
pretensioners, pyrotechnic,'' UN0503, Division 1.4G. One commenter 
stated that the addition of this special provision poses an unnecessary 
burden for international shippers by requiring the use of the proper 
shipping name, ``Articles, pyrotechnic for technical purposes,'' 
UN0431. Special Provision 161 applies only to domestic shipments. 
Shipments offered and transported in accordance with the provisions of 
Sec. Sec.  171.11 and 171.12 are not subject to this special provision. 
The special provision specifies that the UN0503 entry may not be used 
for domestic shipments and that the more appropriate description is 
``Articles, pyrotechnic for technical purposes,'' UN0431. We believe 
that describing articles meeting the Class 1.4G criteria as air bags is 
misleading and may cause confusion for emergency responders. The 
wording ``or seat belt pretensioners'' was inadvertently omitted from 
the NPRM's regulatory text and is added in this final rule. Also, see 
Sec.  172.102, HMT, which includes the amendment to remove the 
italicized word ``pyrotechnic'' from the UN0503 entry.
    [sbull] New Special Provision 162 is added to eight new entries and 
two existing entries. The Special Provision authorizes the material to 
be transported under the provisions of Division 4.1, only if it is 
packed so that at no time during transport will the percentage of 
diluent fall below the percentage that is specified in the proper 
shipping name. The new entries are ``4-Nitrophenylhydrazine, with not 
less than 30% water, by mass,'' UN3376; ``Sodium dinitro-o-cresolate, 
wetted, with not less than 10% water by mass,'' UN3369; 
``Trinitrobenzene, wetted, with not less than 10% water by mass,'' 
UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by 
mass, UN3368; ``Trinitrochlorobenzene (picryl chloride), wetted, with 
not less than 10% water by mass,'' UN3365; ``Trinitrophenol (picric 
acid), wetted, with not less than 10% water by mass,'' UN3364; 
``Trinitrotoluene (TNT), wetted, with not less than 10% water by 
mass,'' UN3366; and ``Urea nitrate, wetted, with not less than 10% 
water by mass,'' UN3370. The two existing entries are ``Barium azide, 
wetted with not less than 50 percent water, by mass,'' UN1571 and 
``Dipicryl sulfide, wetted with not less than 10 percent water, by 
mass,'' UN2852.
    [sbull] New Special Provisions A54 and A55 are added to address 
certain requirements for the transportation of lithium batteries by 
aircraft. Special Provision A54 provides for an approval provision that 
authorizes lithium batteries and lithium batteries contained in 
equipment or packed with equipment to exceed the quantity limits as 
specified in Column (9B) of the HMT when transported by cargo aircraft, 
if approved by the Associate Administrator. Based on a comment we 
received from the Portable Rechargeable Battery Association (PRBA) 
stating that we did not take into account large lithium batteries 
contained in equipment, we are increasing the quantity in the HMT for 
lithium batteries contained in equipment from 5 kg to 35 kg for 
consistency with the maximum quantity per package specified for lithium 
batteries packed with equipment. Additional comments submitted by PRBA 
are beyond the scope of this rulemaking. Special Provision A55 provides 
for an approval provision to authorize prototype batteries to be 
transported by cargo aircraft, if approved by the Associate 
Administrator. We are assigning Special Provisions A54 and A55 to the 
entries ``Lithium battery,'' UN3090, ``Lithium batteries, contained in 
equipment,'' UN3091 and ``Lithium batteries packed with equipment,'' 
UN3091.
    [sbull] New Special Provision A56 is added to address the air 
transport of radioactive material with subsidiary hazards of Division 
4.2, PG I, and Divisions 2.1 or 2.3. Division 4.2, PG I subsidiary 
hazard materials are authorized for transportation by aircraft in Type 
B packagings only. Materials with a 2.1 subsidiary hazard are 
prohibited from transport aboard passenger aircraft. The special 
provision is in alignment with the ICAO Technical Instruction's Special 
Provision A78, with regard to radioactive materials with Division 2.1 
subsidiary hazard but not the Division 4.2, PG I packaging requirement 
or the Division 2.3 subsidiary hazard approval provision. New Special 
Provision A56 includes Division 4.2, PG I because we believe it was 
inadvertently omitted in ICAO's Special Provision A78, and we 
understand that steps are being taken to address the matter with the 
ICAO Dangerous Goods Panel. See the Sec.  172.101 HMT in the regulatory 
text of this rule for specific entries.
    [sbull] Special Provision IB3 is revised by excepting ``Ammonia 
solutions, relative density between 0.880 and 0.957 at 15 degrees C in 
water, with more than 10 percent but not more than 35 percent 
ammonia,'' UN2672 from the Special Provision's ``Additional 
Requirement'' that authorizes liquids with a vapor pressure less than 
or equal to 110 kPa

[[Page 44998]]

at 50 [deg]C (1.1 bar at 122 [deg]F), or 130 kPa at 55 [deg]C (1.3 bar 
at 131 [deg]F). New Special Provision IP8 is also added to the UN2672 
entry.
    [sbull] Special Provision IB52 (Table 2) is revised by adding 
additional packaging authorizations for certain entries and correcting 
various typographical errors. The entry ``Dicumyl peroxide,'' UN3110 is 
corrected by adding ``2000'' as the maximum quantity in liters. In 
addition, we are moving the approval provision for formulations not 
covered in Special Provision IB52 to Sec.  173.225(e)(5). Section 
173.225(e) currently contains an approval provision for portable tanks, 
and we believe this paragraph is a more appropriate location for the 
IB52 approval provision.
    [sbull] New Special Provision IP8 (Table 3) is added to the 
existing entry ``Ammonia solutions, relative density between 0.880 and 
0.957 at 15 degrees C in water, with more than 10 percent but not more 
than 35 percent ammonia,'' UN2672 (see Special Provision IB3). We 
received a comment from the Industrial Packaging Alliance of North 
America supporting this addition. The special provision authorizes 
ammonia solutions to be transported in rigid or composite plastic 
intermediate bulk containers (IBCs) (31H1, 31H2 and 31HZ1), if the 
rigid plastic and composite IBCs have successfully passed, without 
leakage or permanent deformation, the hydrostatic test specified in 
Sec.  178.814 at a test pressure that is not less than 1.5 times the 
vapor pressure of the contents at 55 [deg]C (131 [deg]F).
    [sbull] New Special Provision N83 is added to the new entry ``Urea 
nitrate, wetted, with not less than 10% water by mass,'' UN3370. This 
special provision limits the quantity of this material to no more than 
11.5 kg (25.4 lbs) per package.
    [sbull] New Special Provision N84 is added to six new entries and 
one existing entry. The special provision limits the quantity per 
package to no more than 500 g (1.1 lbs.). The six new entries are: 
``Trinitrophenol (picric acid), wetted, with not less than 10% water by 
mass,'' UN3364; Trinitrochlorobenzene (picryl chloride), wetted, with 
not less than 10% water by mass,'' UN3365; ``Trinitrotoluene (TNT), 
wetted  with not less than 10% water by mass,'' UN3366; 
``Trinitrobenzene, wetted, with not less than 10% water by mass,'' 
UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by 
mass,'' UN3368; and Sodium Dinitro-o-cresolate, wetted, with not less 
than 10% water by mass,'' UN3369. The existing entry is Dipicryl 
sulfide, wetted with not less than 10 percent water, by mass,'' UN2852.
    [sbull] New Special Provision N85 is added to two existing entries, 
``Isosorbide dinitrate mixture with not less than 60 percent lactose, 
mannose, starch or calcium hydrogen phosphate,'' UN2907 and 
``Pentaerythrite tetranitrate mixture, desensitized, solid, n.o.s. with 
more than 10 percent but not more than 20 percent PETN, by mass,'' 
UN3344. The special provision prohibits the material from being 
transported in packagings conforming to the requirements of Part 178 of 
the HMR at the Packing Group I performance level. This action addresses 
over-confinement hazards associated with these materials by prohibiting 
the use of packagings meeting the Packing Group I performance criteria.
    [sbull] Special Provision T23 is revised to correct typographical 
errors for the entries ``tert-Butyl peroxyacetate, not more than 32% in 
diluent type B'' and ``tert-Butyl peroxypivalate, not more than 27% in 
diluent type B.'' The word ``tyupe'' is corrected to read ``type'' and 
the control temperature, ``-5 [deg]C,'' is corrected to read ``+5 
[deg]C.''
    [sbull] Special Provision TP3 is editorially revised for clarity.
    Section 172.202. We are revising paragraphs (a)(2), (a)(5) and (b) 
as discussed below.
Requirement To Include the Subsidiary Hazard on Shipping Papers
    In paragraph (a)(2), we are requiring the subsidiary hazard 
class(es) or subsidiary division number(s) to be entered in parentheses 
following the primary hazard class or division number on shipping 
papers. Prior to this amendment, the requirement only applied to 
transportation by vessel. As discussed in the NPRM, this amendment 
responds to four petitions for rulemaking, P-1363, P-1398, P-1402 and 
P-1418. One petitioner (P-1363) stated that the lack of such a 
requirement poses problems for motor carriers concerning segregation, 
separation and placarding requirements and poses a safety hazard. The 
petitioner pointed out that when the hazardous materials being 
transported include a subsidiary hazard such as ``dangerous when wet'' 
or a subsidiary hazard requiring more stringent requirements than the 
primary hazard, there is no indication of the subsidiary hazards on the 
shipping papers and no indication of the subsidiary risks on placards. 
The petitioner stated that when motor vehicles are being loaded at a 
dock, labels are not enough to alert hazardous materials employees 
loading the vehicles or emergency responders of the subsidiary risks of 
materials contained in the vehicle.
    Two petitions (P-1398 and P-1402) were specific to Division 4.3 
materials. The petitioners requested that we require the shipping paper 
to contain the words ``dangerous when wet'' following the basic 
description for hazardous materials classed as Division 4.3 or having a 
Division 4.3 subsidiary hazard. The petitioners stated that the 
additional information would aid emergency responders by more clearly 
identifying the hazard.
    We agree with the petitioners and we are adding a requirement to 
identify all subsidiary risks of a hazardous material on the shipping 
paper.
    We do not agree with the petitioner's (P-1363) suggestion to 
provide an exception from the revised requirement to include the 
subsidiary hazard on shipping papers when the subsidiary hazard is 
identified in the proper shipping name (for example, ``Flammable 
liquid, toxic, n.o.s.''). This suggested approach is inconsistent with 
the UN Recommendations and would result in the addition of a domestic 
exception that would not enhance hazard communication.
    Some commenters supported the requirement to indicate the 
subsidiary hazard in the basic shipping description; however, other 
commenters asked that we provide a delayed implementation date in order 
to minimize associated costs resulting from changes that will need to 
be made to computer generated shipping forms. One commenter estimates 
that adding subsidiary hazard information to shipping papers will 
necessitate modifications to 80,000 active data profiles and case-by-
case updates to possibly 200,000 additional data profiles. Another 
commenter suggests that our cost estimates in the NPRM understate the 
actual costs that shippers will incur, stating that its costs to comply 
with the shipping paper revisions proposed in the NPRM will total about 
$3,600,000. Other commenters agree that substantial time and resources, 
including modifications to systems and training programs, will be 
required to implement the new requirements. We agree that additional 
time is necessary and are extending the mandatory compliance date for 
this change until October 1, 2005 (See Sec.  171.14). This date 
provides industry two years from the effective date of this final rule 
to implement the requirement and should help to reduce the 
implementation burden and costs of compliance with the change.

[[Page 44999]]

Requirement To Include Number and Types of Packages on Shipping Papers
    We are also revising paragraph (a)(6) regarding the indication on 
shipping papers of the total quantity of hazardous materials. The 
amendment makes it mandatory for shippers to include on shipping papers 
the number and types of packages, such as drums, boxes, jerricans, 
etc., being used to transport hazardous materials by all modes of 
transportation. In the NPRM, we proposed a one-year implementation 
period and requested comments specific to this issue, including 
suggestions to minimize any impacts that would be associated with the 
change, such as providing an extended transition period. A number of 
the commenters suggested that because of the costs associated with 
implementing the changes, such as to computer programs and systems, we 
should extend the compliance date. Most commenters suggested that a two 
or three-year implementation period would be sufficient. We agree that 
this new requirement warrants additional time to implement. To help 
reduce the implementation burden and associated costs, we are 
authorizing use of the current requirements until October 1, 2007 (see 
Sec.  171.14). This date will provide companies four years from the 
effective date of this final rule.
    One commenter requested that we justify the requirement to indicate 
package types and numbers on shipping papers. We believe that the 
requirement to indicate types and numbers of packages will enhance the 
safety and security of hazardous materials transportation while 
enhancing international harmonization. When incidents occur during 
transportation, it is essential to know the number of packages present 
in a given shipment. For example, emergency responders at the scene of 
an incident would use the information to be certain that they have 
accounted for all of the packages. After a release of hazardous 
materials from a motor vehicle involved in a highway traffic accident, 
it is important for the emergency responders to quickly ascertain the 
number and types of packages when determining their emergency response 
actions.
    From a security perspective, an indication of the number and type 
of packages facilitates accountability of the packages. With today's 
heightened risk of terrorism, the requirement to include the number and 
types of packages on shipping papers is an effective tool in promoting 
public safety by allowing carriers, transportation workers, emergency 
responders and law enforcement personnel to quickly determine whether 
packages may be missing, such as from theft. The requirement will 
assist law enforcement personnel in identifying questionable shipments 
where further investigation may be warranted. The requirement will help 
deter and prevent hazardous materials in transportation from being used 
in a criminal manner, such as weapons of terrorism.
    Finally, for ease of compliance with the appropriate regulations, 
international carriers engaged in the transportation of hazardous 
materials by aircraft generally elect to comply with the ICAO Technical 
Instructions, while vessel operators generally elect to comply with the 
IMDG Code. Because the ICAO Technical Instructions and the IMDG Code 
currently require the number and types of packages to be included on 
shipping papers, shippers complying with these international 
regulations are presently subject to conformance with this requirement. 
Consistency between international regulations and the HMR with respect 
to requiring the number and types of packages to be included on 
shipping papers is another step towards our goal of international 
uniformity.
    One commenter requested that we allow the newly required indication 
of package types and numbers information to be entered before or after 
the basic description. We agree and have adopted this placement in this 
final rule.
    Several commenters asked whether we would allow abbreviations for 
package type, noting that EPA allows certain abbreviations on the 
hazardous waste manifest. We agree that abbreviations may be used for 
package types and have revised paragraph (a)(6) accordingly.
    We reformatted paragraph (a)(5) in response to a comment from the 
Dangerous Goods Advisory Council (DGAC) requesting clarification on the 
structure of paragraph. For the purpose of consolidation, we also 
transferred to paragraph (a)(5) the existing additional requirements 
for transportation by vessel currently located in Sec.  172.203(i)(1), 
(i)(2), (i)(3) and (i)(6).
Optional Sequence of Information
    Paragraph (b) is revised to allow an alternative to the basic 
description sequence currently required in this paragraph. Under the 
alternate format, the identification number is listed first, followed 
by the proper shipping name, the hazard class and subsidiary risk, and 
packing group number. Several commenters stated that authorizing a new 
sequence of information will cause confusion, and two commenters 
requested that a single sequence of information be adopted at the 
international level. While we believe that the new sequence is 
necessary for harmonization with international regulations, we are 
making it optional, rather than requiring it in this final rule. We 
agree that it would be beneficial to work with the appropriate 
international bodies to adopt on a single sequence of information.
Structure of 172.202(a)(5)
    One commenter requested that 172.202(a)(5) be restructured to 
clarify the requirements. We agree and have made the necessary changes.
Description of Cylinders on Shipping Papers
    One commenter requested that cylinders not be excepted from the 
requirement to indicate the total quantity on the shipping paper. This 
comment is outside the scope of this rulemaking as it addresses an 
existing requirement. Another commenter requested that we clarify Sec.  
172.202(a)(5) to indicate that cylinders may be described by a net or 
gross quantity, in addition to by number of cylinders. The commenter is 
correct that a net or gross mass may be used to describe cylinders and 
that this information is not mandatory. As previously discussed, 
however, we are requiring that the number and types of packages be 
included on shipping papers. This final rule, therefore, continues to 
allow the option of indicating the mass of cylinders, but makes 
mandatory the indication of the number of cylinders in a shipment. One 
commenter questioned whether airbags containing compressed gas 
cylinders would be subject to this requirement. We do not consider 
cylinders employed for use in airbags or other articles to be in the 
package, so the requirement does not apply in this instance. In the 
case of airbags and other articles containing cylinders, the package 
containing the airbag or article is considered to be the package.
Requirement To Indicate Net or Gross Mass
    One commenter noted that the removal of the words ``as otherwise 
appropriate'' implies that shippers can no longer use other more 
relevant units of radioactivity to account for the quantity of 
radioactive materials in a consignment. This was not our intent, and we 
have specifically added text to allow the use of units more appropriate 
to radioactive material shipments.
    Several commenters suggested that we eliminate the words ``net 
mass'' and ``gross mass'' from the example ``1box, net mass, 30 kg'' or 
``2 drums, gross

[[Page 45000]]

mass, 200 kg.'' We agree that the example may be misleading and have 
removed the example from the section.
    Several commenters noted that the sentence ``Abbreviations may be 
used to specify the unit of measurement for the total quantity'' is 
redundant because it is permitted in 172.202(c). We agree and have 
removed the sentence.
    One commenter requested we retain the current phrase ``* * * of the 
hazardous material covered by the description * * *'' and not adopt the 
new phrase ``* * * of each hazardous material bearing a different 
proper shipping name, UN number or packing group * * *.'' We agree that 
the existing wording is adequate considering each element of the 
proposed language is a part of the ``description'' and have retained 
the current text.
    One commenter suggested we use the term ``packages containing only 
residue'' rather than the term ``empty packagings.'' This comment is 
outside the scope of this rulemaking.
    One commenter requested that we require a gross mass, and not a net 
mass or volume, due to placarding requirements. Because this was not 
proposed in the NPRM, the comment is beyond the scope of this final 
rule.
    Section 172.203. We are removing and relocating paragraphs (i)(1), 
(i)(2), (i)(3) and (i)(6). With adoption of the requirement to indicate 
types of packagings on shipping papers in Sec.  172.202, we are 
consolidating the four vessel requirements in Sec.  172.203(i) by 
moving them to the description requirements in Sec.  172.202(a)(5). The 
paragraphs address additional shipping paper requirements for the 
identification of the type, number and gross mass of packagings, and 
the identification of subsidiary hazards consistent with international 
standards. The current paragraphs (i)(4) and (i)(5) are redesignated 
(i)(1) and (i)(2).
    Section 172.301. Paragraph (a)(1) is revised to reflect the new 
alternative marking requirement in Sec.  172.315 for packages 
containing limited quantities of hazardous materials. Packages 
containing limited quantities of hazardous materials must be marked 
with the proper shipping name in accordance with Sec.  172.301, or in 
accordance with the new alternative marking in Sec.  172.315 that 
consists of an identification number placed within a diamond. (See 
Sec.  172.315). Several commenters requested that we allow a shipment 
to be transported solely via highway and rail when marked and labeled 
for transport by aircraft. These comments, however, were based on the 
NPRM text which proposed to incorporate the marking as a mandatory 
requirement. Because we are adopting the marking as an alternative to 
the current requirements, a limited quantity package prepared for air 
transport is also acceptable for transportation solely by highway and 
rail without adding the marking as specified by Sec.  172.315.
    Section 172.312. A new paragraph (c)(6) is added to allow packages 
containing liquid infectious substances in primary receptacles not 
exceeding 50 ml (1.7 oz) to be excepted from the requirements in Sec.  
172.312(a). Section 172.312(a) requires liquid hazardous materials 
packaged in non-bulk combination packagings to be packed with closures 
upward and to be legibly marked with orientation markings.
    Section 172.315. A new section, Sec.  172.315, is added as an 
alternative marking requirement for packagings containing limited 
quantities of hazardous materials. This section allows limited quantity 
packagings to be marked with the identification (ID) number placed 
within a diamond. After considering the comments discussed below, we 
are incorporating the diamond marking into the HMR as an alternative 
to, rather than a replacement of, the existing marking requirements for 
limited quantities. In addition, the UN Committee of Experts on the 
Transport of Dangerous Goods will be addressing requirements for 
limited quantities and consumer commodities during their 2003-2004 work 
program. While we are not aware of any proposals to change the package 
marking for limited quantities, there is a possibility that changes may 
be discussed and adopted, and therefore, replacing the existing 
requirement would be premature at this time.
    Not all commenters support adopting the requirement. Several 
commenters opposed the requirement because the diamond marking is not 
contained in the ICAO Technical Instructions. One commenter incorrectly 
stated that the requirement is not contained in any of the 
international standards, including the IMDG Code, and asked us to 
explain our purpose for proposing the limited quantity marking. 
Currently, the diamond marking is contained in Chapter 3.4.5.1.2 of the 
IMDG Code and in Chapter 3.4 of the UN Recommendations. By 
incorporating the marking as an alternative requirement, persons have 
the flexibility to continue using the current limited quantity package 
marking.
    With respect to the ICAO Technical Instructions, we agree with the 
commenters' argument that incorporating the marking requirement will 
create unnecessary problems. Several commenters noted that under the 
current limited quantity requirements, they may mark and label packages 
containing limited quantities prepared for air transport and also ship 
them domestically by ground. URS Corporation stated that if we adopted 
this requirement, packages prepared for air transport displaying a 
hazard label and marked with the ID number and proper shipping name 
would need to be additionally marked with the new limited quantity 
marking when also transported by highway or rail. This would preclude 
shippers from using a single system of marking and labeling when 
packages marked and labeled for air transport are also being 
transported by highway or rail. We agree that applying the new limited 
quantity marking for packages prepared for air transport would be 
redundant. The commenters requested that we allow a shipment to be 
shipped via ground when marked and labeled for air transport, 
regardless of whether any portion of the transport includes 
transportation by air. In response to the commenters' request, we are 
revising the regulatory text in paragraph (a) by adding the words 
``Except for transportation by aircraft.''
    Some commenters requested an extended transition period, until 
October 1, 2006, for the continued use of the existing limited quantity 
requirement. The commenters pointed out that the October 1, 2004 
delayed implementation date may not afford industry enough time to 
clear their stocks of packagings marked in accordance with the current 
marking requirements. With the adoption of this requirement as an 
option, the current limited quantity marking is retained and, 
therefore, an extended transition period is not necessary.
    The Florida Department of Environmental Protection, Bureau of 
Emergency Response (FDEP-BER) believes that all packages should display 
the proper shipping name in order to determine the contents. FDEP-BER 
stated that ID numbers are not as easy and quick to identify as proper 
shipping names. In addition, using the ID number instead of a proper 
shipping name may require a person to consult reference materials to 
determine the contents of the packages because certain ID numbers apply 
to more than one chemical or reference only a generic shipping 
description that lacks the specific composition of the material. While 
we recognize the concerns of the commenters, we do not agree that 
indicating the UN number in lieu of the proper shipping name will 
compromise safety. We believe the proper shipping name can be quickly 
determined using

[[Page 45001]]

the Emergency Response Guidebook's section containing ID numbers.
    One commenter requested a clarification regarding color 
specification for the limited quantity marking. Consistent with the UN 
Recommendations and the IMDG Code, we are not restricting the marking 
to a specific color.
    Two commenters requested early voluntary compliance, as of January 
1, 2003, with the new limited quantity marking. Because the NPRM did 
not include this requirement together with the proposed early 
compliance date for the incorporation-by-reference materials, the 
request is considered beyond the scope of this final rule. We are, 
however, authorizing immediate voluntary compliance upon the date of 
publication of this final rule.
    Based on the above discussion, we are adding a new section, Sec.  
172.315, as an alternative marking requirement for packages containing 
limited quantities of hazardous materials. When marked in accordance 
with this section, limited quantity packages must be marked with the 
identification (ID) number placed within a square-on-point. Marking the 
proper shipping name on limited quantity packages is not required when 
using this marking, but is permissible. The line forming the square-on-
point must be at least 2 mm thick and the height of the ID number no 
less than 6 mm. For packages containing more than one limited quantity 
of hazardous materials with different ID numbers, the packaging must be 
marked with either individual diamonds bearing a single ID number, or a 
single diamond large enough to include each applicable ID number. The 
marking must be durable, legible and of a size relative to the 
packaging as to be readily visible.
    Section 172.321. A new section, Sec.  172.321, is added to 
incorporate an air eligibility marking requirement into the HMR for 
non-bulk packages offered for transportation by aircraft. Section 
172.321 replaces the proposed Sec.  172.323 as the location for this 
requirement because Sec.  172.323 is now the marking section for 
infectious substances. The marking certifies compliance with all the 
applicable air transport requirements that apply to a package 
containing hazardous materials that is offered for transport by air, 
including pressure differential requirements, package markings and 
labels, inner packaging limits, selection of appropriate types of 
packagings, use of closure instructions for inner packagings, use of 
absorbent materials, application of the cargo aircraft handling label 
(when applicable), and proper classification of the contents of the 
packaging.
    We received approximately 10 comments addressing the proposed air 
eligibility mark. Some commenters are in favor of the marking, but 
request certain revisions, while other commenters are opposed to the 
adoption of the mark altogether.
    Several commenters addressed the distinction between the use of the 
words ``package'' and ``packaging.'' The ICAO's use of the word 
``package'' in the Technical Instructions and our use of the word 
``package'' as proposed in the NPRM has led to misunderstandings of the 
meaning and applicability of the air eligibility mark. One commenter 
suggested that we postpone adoption of this requirement until ICAO has 
considered this issue. Another commenter suggested that we submit a 
variation to ICAO if we adopt the air eligibility mark as proposed. We 
interpret the current ICAO text that states shipments must ``meet all 
the applicable requirements for air transport'' to include the 
packaging plus its contents (the ``package'') and not the packaging 
alone. On the basis of a proposal to ICAO to revise the Technical 
Instructions by clarifying that the certification marking applies to 
the package, the ICAO Dangerous Goods Panel recently agreed to amend 
the ICAO Technical Instructions to indicate that the air eligibility 
mark is an indication that the shipper has determined that the 
``package'' meets the applicable air transport requirements. Based on 
the foregoing, the text, as proposed, will be consistent with the ICAO 
Technical Instructions. Therefore, we believe it is appropriate to 
adopt this change at this time.
    The Air Transport Association (ATA), the Air Line Pilots 
Association (ALPA) and Delta Airlines stated that the wording ``each 
person'' in paragraph (a) suggests that any person, including the 
carrier and the forwarder would be responsible for marking the package 
with the air eligibility mark. ALPA maintains that it is important for 
the marking to be applied when the package is being prepared. We agree 
that the offeror is the appropriate person to assume responsibility for 
the mark and that the carrier is responsible for ensuring that the mark 
is present. We are revising paragraph (a) by replacing the wording 
``each person who offers for transportation or transports'' with ``each 
person who offers for transportation.'' This revision also responds to 
a comment that we received from DGAC in which DGAC cited the Federal 
hazardous materials transportation law concerning ``Representation'' 
and questioned the authority to place the air eligibility marking on a 
package. DGAC stated that, as proposed, requiring the mark to represent 
total certification of compliance would suggest that the only person 
who may ``display the marking on a package would be the same person 
making the certification'' in accordance with Sec.  172.204. DGAC went 
on to question whether a packaging manufacturer may pre-certify 
compliance because there is no signature involved in the display of the 
marking. As discussed in the paragraph above, it is the offeror who is 
responsible for the certification. The packaging manufacturer is not 
certifying that the package is in compliance with all applicable 
requirements. The marking has no significance as a certification until 
the package is offered for transportation. With respect to the 
statement suggesting that only a signature can represent certification, 
the commenter is incorrect. Although the air eligibility mark, as a 
form of certification, does not waive the shipping paper certification, 
the air eligibility mark certifies that the package meets all 
applicable requirements for air transport. This is consistent with 
existing regulatory text in Sec.  172.316 that states the ORM-D marking 
is the certification that the material is properly described, classed, 
packaged, marked and labeled.
    Several commenters disagree with allowing the air eligibility mark 
to be hand drawn. Currently, the HMR does not prohibit any markings 
from being hand drawn provided all applicable specifications are met. 
We did not propose a specific graphic for the marking and do not 
believe it is necessary to single out the air eligibility mark from 
being hand drawn as long as it clearly depicts an airplane in a circle 
and says ``Air Eligible.'' However, we may consider proposing a 
specific graphic for the air eligibility marking in future rulemaking, 
preferably based on a consensus standard.
    Dupont, the Air Transport Association (ATA), ALPA and Delta 
Airlines disagree with allowing the air eligibility mark to be 
preprinted on packages. The commenters believe that preprinted packages 
can inadvertently be used for shipments that are not suitable for air 
transport. Currently, the HMR authorizes UN markings and other package 
markings to be preprinted and we view the air eligibility mark as 
similar. In certain instances it may be more cost effective for the 
shipper to preprint the mark. It is our position that it is the 
responsibility of the offeror to ensure that every package bearing the

[[Page 45002]]

mark is air eligible, regardless of whether it is preprinted or not.
    One commenter incorrectly questions why we except dry ice from the 
air eligibility mark when the ICAO Technical Instructions do not 
provide the exception. The ICAO Technical Instructions contain the same 
exception in the dry ice packing instruction (see ICAO Technical 
Instruction 904).
    One commenter opposing the incorporation of the air eligibility 
mark is concerned that currently marked shrink-wrapped packages will be 
required to be remarked. As discussed earlier in this preamble, we are 
providing an extended transition period, until October 1, 2004, which 
will allow sufficient time for such packages to be transported as they 
are currently marked.
    One commenter believes there is not enough space for another 
marking and states that if the package has been tested under UN 
certification, ``it is fit for air.'' We disagree. The size requirement 
specifies only that mark be visible. Meeting the UN packaging test 
requirements is not an assurance that the package is suitable for its 
contents or that it complies with the applicable air transport 
requirements.
    Several commenters are opposed to the air eligibility marking 
stating that our interpretation of what the air eligibility mark 
certifies is too broad or that the mark is unnecessary because the 
certification statement on the shipping paper is sufficient. We 
disagree. The air eligibility mark communicates the certification 
directly on the package. In addition to consistency with the ICAO 
Technical Instructions, we believe that the use of an air eligibility 
mark will be beneficial in heightening shipper awareness and 
responsibility for meeting the additional air transport package 
requirements. Adoption of this requirement will reduce the inadvertent 
acceptance for transportation by aircraft of packages that conform only 
to highway, rail or vessel requirements.
    Based on the above discussion, we are incorporating the air 
eligibility marking requirement into the HMR for all non-bulk packages 
offered for transportation or transported by aircraft with certain 
exceptions. The shipper is responsible for the application of the 
marking, but is not required to physically place it on the package. The 
marking can be applied by using a durable sticker or label, preprinting 
it on the packaging, or drawing it on the package by hand. The marking 
must be durable, legible, and of such size relative to the packaging as 
to be readily visible. Preprinting by the packaging manufacturer 
requires the manufacturer and the shipper to closely coordinate to 
ensure that the package meets the applicable air transport 
requirements. The shipper is responsible for ensuring that the package 
meets the applicable air transport requirements.
    A number of changes to the proposed text are made in this final 
rule to clarify the purpose of the marking and requirements. The text 
of paragraph (a) is revised to more clearly identify the purpose of the 
mark as certification by the person offering a package that the package 
meets requirements for air transportation and to provide examples of 
those requirements. A sentence is added to Sec.  172.321(a) to clarify 
that the air eligibility mark does not eliminate a requirement for a 
certification on a shipping paper. Paragraph (b) is reformatted and a 
sentence is added to clarify that an overpack or outer packaging 
containing a cylinder must be marked rather than the cylinder. 
Paragraph (c) is revised editorially and to clarify that packagings 
which are excepted from marking requirements are not subject to the air 
eligibility marking. A new paragraph (d) is added to clearly indicate 
that the air eligibility marking may not be displayed on a package 
which does not meet requirements for air transportation.
    Section 172.411. We are revising the section heading and paragraphs 
(b) and (d), and adding new paragraphs (e) and (f). In the June 21, 
2001 HM-215D final rule, we removed the requirement to differentiate 
between primary and subsidiary labels by requiring the class number to 
be displayed on both types of labels. The primary explosive label, but 
not the explosive subsidiary label, required the appropriate division 
number and compatibility group to be displayed. This disparity was an 
oversight, and we are correcting this section by adding the pictorial 
of the explosive subsidiary label and revising the text accordingly.
    Section 172.504. Based on an oral comment we received from a 
shipper, paragraph (g) is editorially revised to explain the 
distinction between the words ``explosive articles'' and ``explosive 
substances.'' The commenter stated that the paragraph is often 
misinterpreted because the two phrases are not understood as having 
different meanings.

Part 173

    Section 173.2a. In paragraph (b), the second line of the title of 
the Precedence of Hazard Table is editorially revised to include the 
word ``division.'' In addition, the Table is revised for the first 
three entries by inserting ``4.3'' under the Division 4.3 column to 
indicate that Division 4.3 takes precedence over Class 3 when 
classifying a material having more than one hazard.
    Section 173.21. In paragraph (f)(3)(ii), we are updating the 
location reference to the control temperature requirements in the IMDG 
Code to its current location in Chapter 7.7.
    Section 173.22. We are revising paragraph (a)(4) to clarify that, 
in addition to complying with the Part 178 requirements, the shipper is 
responsible for ensuring that packages comply with the Part 173 
requirements. This revision is consistent with the new amendments to 
Sec.  173.24a relative to closures, and to Sec.  173.27 relative to 
packages intended for air transport.
    Section 173.24. Certain comments that we received are beyond the 
scope of this rulemaking and will not be addressed in this final rule. 
In the NPRM we proposed to add a new paragraph (b)(4) and revise 
paragraph (f)(1). Paragraph (b)(4) proposed general requirements 
applicable to the integrity of packagings. It also proposed to specify 
that packagings must be closed in accordance with the closure 
instructions provided by the manufacturer. Prior to this final rule, 
Sec.  178.2 required packaging manufacturers to provide closure 
instructions. Although implied under the requirements of Sec. Sec.  
173.22a(2) and 173.24(d) and (f)(2), there was no specific requirement 
that shippers follow closure instructions. Also in the NPRM, paragraph 
(f)(1) proposed to revise requirements for the construction and design 
of closures.
    The National Solid Wastes Management Association (NSWMA) submitted 
a comment supporting the requirement that packages be closed in 
accordance with the manufacturer's instructions. The Reusable 
Industrial Packaging Association (RIPA) also supported the proposal, 
but requested a revision to permit shippers to close packages in a 
manner that differs from the closure instructions in Sec.  173.28 
provided such procedures are fully documented. RIPA states that the 
word ``must'' is restrictive for the requirement that packages must be 
closed in accordance with the manufacturer's instructions and suggests 
the word be replaced with ``should.'' The commenter further stated that 
it is impossible for a packaging manufacturer to anticipate every 
climatic and work condition in which filling may take place and that 
the manner in which packages are closed often varies from plant to 
plant. The commenter recommends that closure procedures varying from 
the

[[Page 45003]]

manufacturer's instructions be authorized.
    We agree that there may be cases in which certain deviations from 
the specific closing instructions provided by the manufacturer may be 
warranted, and note that certain changes are currently permitted under 
packaging variations in Subpart M of Part 178. We do not agree with 
revising the word ``must'' to ``should.'' Where the manufacturer has 
specified closure instructions, those instructions may be critical to 
performance of the packaging in transportation. We understand the 
commenter's concerns that a shipper should be able to vary from the 
closure instructions if an equivalent level of safety is achieved and 
the procedure is documented. However, to the extent that such changes 
are not currently permitted and were not proposed in the NPRM, we 
consider them outside the scope of this rulemaking.
    RIPA's concerns highlight the need for collaboration between 
packaging manufacturer and customer in the design, testing and use of 
packagings. There is a need for manufacturers of hazardous materials 
packagings to take into account the various conditions of transport 
that the packaging may experience. If a packaging has limited 
capability under specific conditions, then the manufacturer's 
instructions should indicate these limitations. Effective communication 
of the packagings' capabilities will serve to avoid the potential for a 
shipper to inadvertently use a packaging that was not intended for 
certain transport environments. The closure instructions should provide 
specifics relative to the packagings' capabilities when specific 
conditions of transport would impact the packagings' capability to 
contain hazardous materials.
    RIPA commented that several different gasket configurations may 
need to be used dependent on the filling and transport conditions. If 
this is the case, and the different gasket configurations were taken 
into account in the packaging design qualification, the closure 
instructions should provide appropriate closure information with 
respect to all of the gasket configurations that were approved 
according to the design type testing.
    Shippers should not be arbitrarily changing closure devices without 
coordination with the packaging manufacturer or conducting additional 
testing to verify that the packaging integrity has not been 
compromised. As specified in Subpart M of Part 178, the substitution of 
closures or gaskets (for example, changing from a metal bung closure to 
a plastic bung closure on a closed head steel drum) may change the 
packaging design type for purposes of UN performance design 
qualification testing. Closure changes are permitted according to the 
selective testing variations in accordance with Sec.  178.601(g)(1) and 
(g)(5). Only when the conditions of the selective testing conditions 
have been met (including the specified limited additional testing 
according to Sec.  178.601(g)(5)), if applicable, may a different 
closure or gasket be used without the packaging being considered a new 
design requiring the full UN performance testing prescribed in Part 
178. The regulatory text we are adopting in this final rule does not 
negate the ability of the shipper to use different closures consistent 
with the selective testing provisions.
    The instructions provided by the manufacturer should indicate 
variations to closure procedures that would compensate for 
environmental conditions or conditions based on the types of materials 
that are contained in the packaging. To ensure proper closure of 
packagings and to avoid leaks in transport, shippers and manufacturers 
need to work in coordination to ensure that the closure methods used 
will provide an effective seal taking into account the various 
conditions involved during transport.
    Additionally, RIPA commented that (b)(4) and (f)(1) should use 
consistent wording, and that the text in (f)(1) concerning the 
requirement for closures to be designed in a manner that make improper 
closure unlikely should be removed. We do not agree with RIPA's 
proposed editorial revisions that suggest adding wording such as 
``reasonable changes in temperature,'' ``normal altitude variations'' 
or ``normal vibration ranges.'' We believe this wording is vague and 
will not enhance the clarity of either paragraph. We agree that the 
sentence, as proposed in the NPRM, requiring the closure device to be 
so designed that it is unlikely to be incorrectly or incompletely 
closed may not be realistic and may be subject to a range of 
interpretation. We are not, therefore, including the requirement in 
this final rule.
    We believe that the amendments to this section will enhance safety 
by ensuring that adequate consideration is given to the effects of 
transportation conditions on packages and that packages are securely 
and effectively closed.
    Section 173.25. In paragraph (a)(2), we are including the air 
eligibility marking as part of the marking requirements pertaining to 
overpacks.
    Section 173.27. We are revising paragraph (e) and adding a new 
paragraph (i). Paragraph (e) is revised to require packagings with 
plastic and metal inner packagings to be packaged using absorbent 
material when Packing Group I or II liquids of Class 3, 4 or 8 or 
Division 5.1, 5.2 or 6.1 are offered for transport by passenger or 
cargo aircraft. Prior to this amendment, the requirement to use 
absorbent material applied to Packing Group I and II materials when 
offered for transport by passenger aircraft, and to Packing Group I 
materials when offered for transport by cargo aircraft. We are applying 
this requirement to Packing Group II materials offered for transport by 
cargo aircraft. Existing absorbent material requirements apply when 
inner packagings are constructed of glass or earthenware. Prior to this 
final rule, the absorbent material requirement did not apply to 
Division 5.2 liquids. The amendments are consistent with the 2003-2004 
edition of the ICAO Technical Instructions.
    We received four comments concerning the absorbent material 
requirement in paragraph (e). Two commenters suggested that we clarify 
or remove paragraph (e)(5), which provides an exception from the use of 
absorbent materials when the inner packagings are not fragile. 
Paragraph (e)(5) is existing text that was not proposed to be revised 
in the NPRM. However, we agree that this exception needs to be 
reconsidered and we have submitted a working paper to the ICAO 
Dangerous Goods Panel to address it. One commenter, addressing 
paragraph (e)(2), believes that one absorbent material requirement 
should apply to transportation by passenger and cargo aircraft. Because 
these are existing requirements that we did not address in the NPRM, 
the comment is beyond the scope of this rulemaking.
    The Conference on Safe Transportation of Hazardous Articles 
(COSTHA) stated that the proposed regulatory text is broader than that 
contained in the ICAO Technical Instructions because it requires 
absorbent material for all liquid hazardous materials except Class 9. 
The commenter suggests that we align the paragraph with the wording in 
the ICAO Technical Instructions by specifically stating that the 
applicability of the requirement is for liquids in Classes 3, 4, 8 and 
Divisions 5.1, 5.2 and 6.1. It was not our intent to differ from the 
requirements of the ICAO Technical Instructions. We agree and are 
revising the regulatory text accordingly.
    We are also adding a new paragraph (i) to refer the reader to new 
section Sec.  172.321 for the air eligibility marking

[[Page 45004]]

requirement for packagings containing hazardous materials being 
transported by aircraft. See Sec.  172.321 for the discussion on this 
requirement.
    Section 173.62. In Sec.  173.62, in the paragraph (b) Explosives 
Table, the entry ``UN0503'' is added to the packing instruction P135. 
This is consistent with international regulations. UN0503 is assigned 
to the proper shipping name ``Air bag inflators, or Air bag modules, or 
Seat-belt pretensioners,'' Division 1.4G (also see Sec.  172.101, HMT). 
The Class 9 ``Air bag inflators, or Air bag modules, or Seat-belt 
pretensioners'' entry continues to be packaged in accordance with Sec.  
173.166.
    In addition, the obsolete ID number UN0223 is removed from the 
packing instruction 112(b) in the Explosives Packing Instructions 
Table. The entry was removed from the Sec.  172.101 Table in a previous 
rulemaking.
    Section 173.115. In paragraphs (d) and (e), we are amending the 
regulatory text that describes ``non-liquefied compressed gas'' and 
``liquefied compressed gas.'' The amendment revises the reference 
temperature from 20 [deg]C to -50 [deg]C, consistent with 
internationally accepted definitions for gases and consistent with the 
twelfth edition of the UN Recommendations.
    We are also dividing compressed liquefied gases into high and low 
pressure categories. The UN Subcommittee revised the terminology for 
gases to align it with the terminology used in the International 
Organization for Standardization (ISO) Standard 10286. This standard 
establishes the terminology applicable to gas cylinders and provides 
definitions for gases. The new regulatory text affects 11 entries in 
the Sec.  172.101 Table by removing the word ``compressed'' from the 
proper shipping names. Under a separate rulemaking, we will address 
whether the affected gases should be reassigned to more appropriate 
packagings sections, such as revising the packaging authorization from 
Sec.  173.302 to Sec.  173.304 in Column (8B) in the Sec.  172.101 
Table. We will also address the use of the high- and low-pressure 
compressed liquefied gas designations.
    Sections 173.152, 173.153 and 173.154. The following sections are 
revised by increasing the inner packaging net capacity limit for 
Packing Group III liquids from 4 L (1.1 gal) to 5 L (1.3 gal): Sec.  
173.152(b)(2), exceptions for Division 5.1 oxidizers and Division 5.2 
organic peroxides; Sec.  173.153(b)(1), exceptions for Division 6.1 
poisonous materials; and Sec.  173.154(b)(2), exceptions for Class 8 
corrosive materials. Section 173.152(b)(4)(ii) is also revised by 
raising the net capacity of inner packagings containing PG II flammable 
liquids in polyester resin kits from 1 L (0.3 gal) to 5 L (1.3 gal) 
each.
    Section 173.159. A new sentence is added to paragraph (a) requiring 
packagings for certain batteries to include an acid/alkali proof liner 
or a supplementary packaging with sufficient strength and adequate 
sealant to prevent leakage of electrolyte fluid in the event of 
spillage. This requirement applies to packagings transported by 
aircraft and containing electric storage batteries with electrolyte 
acid or alkaline corrosive battery fluid.
    A new paragraph (d)(4) is added to require non-spillable batteries, 
that are excepted from all other requirements of the HMR, to meet the 
condition that at a temperature of 55 [deg]C (131 [deg]F), the 
electrolyte will not flow from a ruptured or cracked case and there is 
no free, unabsorbed liquid in the battery.
    Section 173.161. We are revising this section to specify the 
packaging requirements for chemical and first aid kits consistent with 
international standards. We received several comments stating that in 
paragraph (b), as proposed, the first sentence suggests we are 
requiring specification packaging for air transport. This was not our 
intent. The ``except when offered by air'' phrase was intended to apply 
only to labeling. Therefore, we are revising the first sentence to 
indicate chemical and first aid kits are excepted from specification 
packagings for all modes of transportation.
    Section 173.166. This section is revised consistent with the 
removal of the Division 2.2 entry for ``Air bag inflators, compressed 
gas or Air bag modules, compressed gas or Seat-belt pretensioners, 
compressed gas,'' UN3353 (see Sec.  172.101, HMT). We are authorizing 
reclassification to Class 9 without further testing for air bag 
inflators, air bag modules and pretensioners previously approved for 
transportation as Division 2.2. We received comments from NAAHAC 
supporting the adoption of this revision.
    Section 173.185. Paragraphs (e)(4) and (e)(7) are revised and a new 
paragraph (k) is added. We are combining paragraphs (e)(4) and (e)(5) 
into one paragraph, (e)(4), and removing and reserving paragraph 
(e)(5).
    The revised paragraph (e)(4) allows the use of dividers or other 
suitable means as alternative methods to inner packagings for effective 
means of preventing short circuits of lithium cells and batteries.
    Based on a comment that was beyond the scope of the HM-215D final 
rule, we are revising paragraph (e)(7) by applying the prohibition to 
offer for transportation or transport certain cells and batteries to 
only those with a liquid cathode containing sulfur dioxide, sulfuryl 
chloride or thionyl chloride. Prior to this amendment, any cell or 
battery with a cell that has been discharged to the extent that the 
open circuit voltage is less than 2 volts, or less than two-thirds of 
the open circuit voltage of the fully charged cell, whichever is less, 
is prohibited from being offered for transportation or transported. We 
are including sulfuryl chloride in this amendment. The UN 
Recommendations do not include this prohibition. The reduced voltage 
condition was included in the HMR to address lithium sulfur dioxide, 
sulfuryl chloride and lithium thionyl chloride primary batteries on the 
basis of safety issues with low-voltage cells. The lithium sulfur 
dioxide batteries present hazards in transportation when the sulfur 
dioxide is depleted. The depletion can cause the removal or breakdown 
of the passivation film on the lithium anode which could result in a 
undesirable exothermic reaction of the lithium metal and the 
electrolyte solvent leading to high temperatures, cell venting, cell 
rupture, and fires. In addition, a new paragraph (k) is added to allow 
batteries with a mass of 12 kg or greater and having strong, impact-
resistant outer casings to be packed in strong outer packagings, 
protective enclosures, or unpacked on pallets. Packaging in this 
mannermay be transported by cargo-only aircraft and is permitted only 
with the approval of the Associate Administrator.
    Additional amendments to the requirements for lithium batteries are 
being addressed in a separate rulemaking, under Docket HM-224C (NPRM 
published on April 2, 2002, 67 FR 15510). One of the proposals under 
Docket HM-224C addresses a reorganization of Sec.  173.185.
    Section 173.216. We are moving the exceptions for asbestos in 
paragraph (b) to a new special provision (see Special Provision 156 in 
Sec.  172.102). Paragraph (b) excepts asbestos immersed or fixed in a 
natural or artificial binder material and also excepts asbestos 
contained in manufactured products. We understand that because the 
exception is located in Sec.  173.216 and referenced in Column (7) of 
the HMT for non-bulk packagings, the exception appears to be limited to 
non-bulk packagings. To clarify the applicability, we are removing and 
reserving paragraph (b) and transfering the exception to new Special 
Provision 156. The exception continues to apply to three entries, 
``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),'' 
UN2212, ``White

[[Page 45005]]

asbestos (chrysotile, actinolite, anthohyllite, tremolite),'' UN2590, 
and ``Asbestos,'' NA2212.
    Section 173.218. Paragraph (a) introductory text is revised and 
paragraph (b) is removed. Paragraph (a) introductory text is 
editorially revised to reflect the relocation of the requirement 
previously contained in paragraph (b). In paragraph (b), the 
requirement for the maximum temperature at which fish meal or fish 
scrap may not be offered for transportation is revised from 49 [deg]C 
(120 [deg]F) to 35 [deg]C (95 [deg]F), or 5 [deg]C (41 [deg]F) above 
ambient temperature, whichever is higher, and relocated to Special 
Provision 155 (see Sec.  172.102).
    Section 173.220. We are adding a new paragraph to include 
additional requirements for certain engines and vehicles. Existing 
paragraph (e) is redesignated (f) and the new paragraph becomes 
paragraph (e). The new paragraph includes several additional 
requirements for internal combustion engines and vehicles equipped with 
certain devices when transported by aircraft or vessel. When engines 
are shipped separately, we are requiring that all fuel, coolant, 
hydraulic fluids or any other hazardous materials that meet the 
definition of a hazardous material, must be drained as far as 
practicable, must have disconnected fluid pipes sealed with leak-proof 
caps that are positively retained, and for transportation by aircraft, 
any installed theft-protection devices, radio communications equipment 
or navigational systems must be disabled.
    We received several comments to the proposed new paragraph. UPS 
supports the revisions and believes the new paragraph will help 
eliminate confusion when offering or transporting engines. URS 
Corporation stated that the last sentence requiring certain equipment 
to be disabled should be omitted because it is not contained in the UN 
Recommendations. The commenter is correct that the requirement is not 
contained in the UN Recommendations, however, because it is contained 
in the ICAO Technical Instructions, we are revising the sentence to 
apply to air shipments only.
    Lynden Incorporated, which represents several tug/barge operators, 
commented that the terminology ``internal combustion engine'' has 
become synonymous with the term ``vehicle.'' Lynden Incorporated states 
that as proposed, paragraph (e) may lead to confusion with respect to 
which engines must be drained of fluids and must have disconnected 
fluid pipes sealed with leak-proof caps. Although the words ``shipped 
separately'' in the proposed text were intended to mean that we are not 
referring to engines that are installed in a vehicle or machinery, we 
have decided to further revise the sentence by specifying that the 
paragraph pertains to engines that are not installed in vehicles or 
equipment.
    Finally, COSTHA requested that paragraphs (a)(2) and (c) be aligned 
with new Special Provision 157 and the current Special Provision 134 by 
specifically referencing sodium and lithium batteries. We agree and are 
making the revisions accordingly.
    Section 173.223. We are adding a new packaging section, Sec.  
173.223, for musk xylene. Prior to this amendment, the authorized 
packaging section for musk xylene, Sec.  173.214, required approval by 
the Associate Administrator. We are adding a new section that is 
consistent with the UN packing instruction P409 assigned to musk 
xylene, so that approval by the Associate Administrator is no longer 
necessary.
    Section 173.224. In paragraph (b)(4), the incorrect reference for 
bulk packaging authorizations, Sec.  173.225(d), is corrected to read 
Sec.  173.225(e). In the Self-Reactive Materials Table following 
paragraph (b)(7), five entries in Column (1) are revised and four new 
entries are added. The five revised entries appear first as ``removes'' 
and then ``adds'' in the regulatory text section of this rulemaking. 
For the entry ``2,2'-Azodi(isobutryonitrile) as a water based paste,'' 
the misaligned column entries are corrected. A new Note 4 is added 
following the table for assignment to the new entry ``2-Diazo-1Naphthol 
sulphonic acid ester mixture, Type D.''
    Section 173.225. We are amending the paragraph (b) Organic Peroxide 
Table, the Notes following the Table, and paragraphs ] (e)(3)(xii) and 
(e)(5). The amendments to the Organic Peroxide Table include the 
addition of bulk and IBC packaging authorizations for certain entries, 
the addition of several new entries and various corrections to certain 
entries.
    Note 9 following the Table is revised by correcting the paragraph 
reference ``(e)(3)(ii)'' to read ``(e)(3)(xii).'' A new Note 27 is 
added for the new entry ``Peroxyacetic acid, distilled, Type F, 
stabilized,'' UN3110. A new Note 28 is added to clarify that 
``Peroxyacetic acid'' and Peracetic acid'' are synonymous.
    Paragraph (e)(3)(xii) is revised to clarify that DOT Specification 
57 portable tanks are not subject to any other requirements in 
paragraph (e).
    We are also moving the approval provisions contained in the Sec.  
172.102(c)(4) Table 2, Special Provision IB52, to paragraph (e)(5). We 
believe this is a more appropriate section for the approval provisions, 
which we are expanding to provide for the use of IBCs other than those 
indicated in the IB52 Table when approved by the Associate 
Administrator.
    Section 173.244. We are revising paragraph (c) by adding a 
clarification that UN portable tanks are also authorized for use if a T 
code is specified in Column (7) of the HMT for the specific hazardous 
material.
    Section 173.306. We are revising the paragraph heading in Sec.  
173.306(f) by adding the proper shipping name ``Articles, pressurized, 
pneumatic or hydraulic containing non-flammable gas.'' The revision is 
based on the proper shipping name replacing the domestic entry 
``Accumulators, pressurized, pneumatic or hydraulic (containing non-
flammable gas),'' which was removed in HM-215D published on June 21, 
2001. We received oral comments requesting the addition to the 
paragraph heading to clarify the intent of the paragraph.
    We are also adding a new paragraph (j) to reference the exception 
for certain compressed gases in Sec.  173.307.
    Section 173.307. We are adding a new paragraph (a)(5) to except 
Division 2.2 gas aerosols with a capacity of not more than 50 ml and 
with a pressure not exceeding 970 kPa (141 psig) from the HMR.
    Section 173.418. Consistent with the addition of Special Provision 
A56, which requires pyrophoric Class 7 (radioactive) materials to be 
shipped in Type B packages when transported by aircraft, we are 
amending Sec.  173.418 to reflect this change.
    Section 173.422. We are revising the certification statements in 
paragraphs (a)(2), (a)(3) and (a)(4) to reflect the updated proper 
shipping names and UN identification numbers currently authorized in 
the Sec.  172.101 Table for excepted packages of radioactive materials.

Part 175

    Section 175.10. We are adding a new sentence to paragraph 
(a)(4)(iv) to clarify that the paragraph (a)(4) passenger or crew 
member personal use exceptions apply to aircraft operators when 
transporting baggage that has been separated from a passenger or crew 
member before reaching its final destination, including transfer to 
another air carrier for delivery. The exceptions were included in the 
HMR to accommodate the needs of the traveling public to allow 
passengers and crew members to carry certain quantities and types of 
articles, such as medicines and toiletries, in checked and carry-on

[[Page 45006]]

baggage. The existing regulatory text does not clearly indicate that 
baggage may be transported when not accompanied by the crew member or 
passenger, such as when the baggage has been separated from the crew 
member or passenger due to misroutings, delays, etc. Rather than adding 
a new paragraph (c) as proposed, we are including this clarifying 
language at the end of paragraph (a)(4).
    We received a comment from Alaska Airlines requesting that this 
exception be clarified to include scenarios in which the baggage is 
offered to another carrier by adding the words ``or offering'' to the 
paragraph. Alaska Airlines suggested replacing the words ``when 
transporting passenger or crew member baggage'' with ``when 
transporting or offering passenger baggage.'' Alaska Airlines also 
requested that we extend the passenger or crew member personal use 
exceptions to carriers in other modes of transportation to accommodate 
such instances when the passengers' or crew members' bags are 
transported to their intended destination by a mode of transportation 
other than aircraft. We do not agree that the addition of the words 
``or offering'' is the most appropriate means of addressing the 
situation whereby one carrier provides separated checked baggage to 
another carrier for transport to its intended destination. In this 
scenario, the carrier that provides the baggage to another carrier is 
not the offeror. The passenger or crew member is the offeror and is 
responsible for the contents of the baggage. The passenger or crew 
member is responsible for ensuring compliance with the HMR when the 
baggage is offered to the carrier.
    We agree with Alaska Airlines that the exceptions should apply when 
an air operator arranges with another carrier to transport the baggage 
to its intended destination, including by modes other than air. 
Although we do not agree that the words ``or offering'' should be added 
as requested by the commenter, we are including revised regulatory text 
to clarify that the exceptions also apply when a carrier provides the 
baggage to another carrier for the purpose of reuniting the baggage 
with the passenger or crew member who offered it.
    We are also revising paragraph (a)(25) to allow two small carbon 
dioxide cartridges fitted in self-inflating life jackets and two spare 
cartridges to be carried by a passenger or crew member in checked or 
carry-on baggage. Prior to this amendment, paragraph (a)(25) allowed, 
with the approval of the aircraft operator, one small carbon dioxide 
cylinder fitted into a self-inflating life-jacket, plus one spare 
cartridge.
    Section 175.30. We are adding a new paragraph (a)(5) requiring that 
the air eligibility marking requirement in Sec.  172.321 must be met 
before a person may accept hazardous materials for transportation by 
aircraft.
    Section 175.90. We are revising paragraphs (b) and (c). Paragraph 
(b) is revised to include amendments relative to an aircraft operator's 
responsibility concerning packagings, baggage or cargo that have become 
contaminated by leaking hazardous materials. This amendment is 
consistent with the 2003-2004 edition of the ICAO Technical 
Instructions and is in response to a National Transportation Safety 
Board (NTSB) recommendation (A-96-30) issued to the Federal Aviation 
Administration. The NTSB recommendation resulted from an incident 
involving an undeclared shipment of a hydrogen peroxide solution that 
leaked, resulting in injuries to airline personnel and a potential fire 
hazard aboard a passenger aircraft. Paragraph (c) prohibits a person 
from placing a damaged packaging aboard an aircraft. We are revising 
the paragraph by including the words ``baggage or cargo'' when 
referring to damaged or leaking cargo.

Part 176

    Section 176.27. In paragraph (c)(2), we are removing the words ``of 
49 CFR 176.27(c)'' at the end of the certification statement and adding 
the words ``of 49 CFR'' or ``of the IMDG Code.''
    Section 176.63. We are adding a new paragraph (f) to include the 
conditions for the authorized stowage of containers on board hatchless 
container ships.
    Section 176.83. We are adding a new paragraph (l) to include the 
requirements for the segregation of containers on board hatchless 
container ships. Paragraph (f) is revised to reflect the addition of 
the new paragraph.
    Section 176.84. In the paragraph (b) Table of Provisions, we are 
adding nine new provisions (codes) for certain stowage and segregation 
requirements for hazardous materials that are transported by vessel. 
The terms ``separated from'' and ``away from'' in the codes are defined 
in Sec.  176.83 of the HMR.
    Code 124 is added to the entry ``Ammonium nitrate emulsion or 
Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for 
blasting explosives,'' UN3375 and requires the material to be stowed 
``separated from'' bromates.
    Code 125 is added to the new entry ``Chlorosilanes, toxic, 
corrosive, flammable, n.o.s.,'' UN3362 and requires segregation to be 
the same as for flammable liquids; however, also requires UN3362 to be 
``away from'' flammable solids.
    Code 126 is added to the five current UN1950 aerosol entries and 
requires segregation to be the same as for Class 9 miscellaneous 
hazardous materials.
    Code 127 is added to ``5-tert-Butyl-2,4,6-trinitro-m-xy-xylene,'' 
UN2956 and requires packagings carrying a subsidiary risk of Class 1 
(explosives) to be segregated as required for Class 1, Division 1.3.
    Code 128 is added to ``Fish meal, stabilized,'' UN2216 and ``Fish 
meal, unstabilized,'' UN1374 and requires stowage to be in accordance 
with the IMDG Code, sub-section 7.1.10.3.
    Code 129 is added to ``Radioactive material, low specific activity 
(LSA-I) non fissile or fissile-excepted,'' UN2912 (the international 
entry); ``Radioactive material, low specific activity, n.o.s. or 
Radioactive material, LSA, n.o.s.,'' UN2912 (the domestic entry); 
``Radioactive material, low specific activity (LSA-II) non fissile or 
fissile-excepted, ``UN3321; and ``Radioactive material, low specific 
activity (LSA-III) non fissile or fissile excepted,'' UN3322. This code 
requires stowage to be in accordance with Stowage Category A, with 
certain exceptions noted.
    Code 130 is added to ``Radioactive material, Type A package non-
special form, non fissile or fissile-excepted,'' UN2915 to require 
Stowage Category A. Certain exceptions are noted.
    Code 131 is added to ``Radioactive material, Type A package, 
fissile non-special form,'' UN3327 to require Stowage Category A, with 
certain exceptions noted.
    Code 132 is added to ``Uranium hexafluoride, fissile (with more 
than 1 percent U-235),'' UN2977; ``Uranium hexafluoride, fissile 
excepted or non-fissile,'' UN2978; ``Radioactive material, uranium 
hexafluoride, fissile,'' UN2977; and ``Radioactive material, uranium 
hexafluoride non fissile or fissile-excepted,'' UN2978. This code 
requires stowage to be in accordance with Stowage Category A and notes 
that any supplementary requirements specified in the transport 
documents must be considered.
    Section 176.140. The reference to the IMDG Code in paragraph (b) is 
updated by removing the wording ``General Introduction.''
    Section 176.170. Paragraph (b) is removed and reserved. For 
alignment with a revision made in Amendment 31 of the IMDG Code, we are 
removing the

[[Page 45007]]

requirement that prohibits freight containers exceeding 6 m (20 feet) 
in length from carrying more than 5000 kg (11,023 lbs) net explosive 
weight of most explosive substances. This provision was removed from 
the IMDG Code because it placed an inconsistent and unnecessary 
restriction on containers exceeding 6 m (20 ft) in length, while 
placing no such restriction on smaller containers. We received a 
comment from the Sporting Arms and Ammunition Manufacturers' Institute 
supporting this revision.
    Sections 176.410 and 176.415. We are updating these sections for 
consistency with international standards and with the prior removal of 
ammonium nitrate fertilizer proper shipping names from the HMR.

Part 178

    Section 178.2. Paragraph (c)(1)(ii) is revised by clarifying the 
information that the packaging manufacturer and each subsequent 
distributor are required to provide to packaging users. We received 
several comments concerning this revision. DGAC supports the revision 
stating that the clarification recognizes the flexibility necessary for 
effective communication between the manufacturer and packaging user. 
RIPA supports the general intent of the revision and stated that it is 
consistent with the UN Model Regulations and should result in ensuring 
that shippers do a better job of closing packages. RIPA believes that 
packaging manufacturers and distributors should be required to clearly 
describe the complete closure system needed for proper closure, 
including inner packagings, and closure procedures used in passing the 
applicable performance tests. We agree with this statement and believe 
that the text, as proposed, adequately addressed these intentions.
    RIPA also states we should recognize that shippers often diverge 
from the manufacturer's instructions to accommodate site-specific 
conditions, and that ``recommended closure torque values may safely be 
expressed as minimum values, median values, or a range of values.'' In 
response to RIPA's comment about allowing shippers to deviate from the 
closure instructions, our intent, as stated in the NPRM, was to clarify 
the information that the packaging manufacturer must provide. We did 
not propose provisions for deviating from closure instructions and 
considered these recommendations beyond the scope of this rulemaking. 
For the same reasons, we disagree with RIPA's recommendation to use the 
phrase ``procedural guidelines for closure recommended by the packaging 
manufacturer'' instead of ``procedures to be followed.'' RIPA's 
proposal that we add a new paragraph (c)(1)(ii)(A) to allow the use of 
torque values is not necessary because current requirements do not 
preclude ranges of values from being specified in the closure 
instructions.
    RIPA also states that ``the manner in which shippers (i.e. fillers) 
close packagings will often vary from plant to plant'' and provides an 
example indicating ``that some shippers will tighten drum plugs just 
prior to shipping to account for possible expansion of the metal or 
plastic that results from heat exposure that occurs from the time the 
drum is filled and the time it is placed on a transport vehicle and 
that other plants have found no need for such a practice.'' Our 
position is that the manufacturer could easily and realistically 
include guidance in the closure instructions to indicate, for example, 
that ``after filling and prior to transport, the shipper should check 
the tightness of closures to determine if the effects of heating, 
cooling or gasket relaxation have resulted in the need to tighten the 
closure.'' While we agree that the shipper has the responsibility for 
determining the suitability of packagings for the hazardous materials 
offered for transport, and for ensuring that a package is assembled, 
closed, or otherwise prepared for transport in compliance with the 
applicable specifications and requirements for the applicable packaging 
design type, we believe that the manufacturer needs to provide specific 
information to allow the shipper to fulfill his responsibilities. The 
amendments to this section are intended to improve the quality of 
information provided by manufacturers to shippers in order to enhance 
safety.
    PPG Industries submitted a comment requesting that the last 
sentence concerning the package being capable of withstanding the 
pressure differential requirements be removed. PPG Industries indicated 
that the pressure-differential capability needed by a given packaging 
is dependent on the material packaged, and that the packaging 
manufacturer cannot determine full compliance. Single packages for 
containing liquids are tested and marked with a pressure test rating, 
which may or may not be suitable for air shipment. It is up to the 
shipper to determine whether a packaging is suitable for air shipments 
based on it size, and to determine the appropriate pressure test 
capability to contain the particular hazardous material packaged. While 
we agree that the shipper must determine that the package is suitable 
for the intended hazardous material to be transported, we do not agree 
that the requirement for the manufacturer to provide guidance to assist 
the shipper in ensuring that the packaging meets the relevant air 
transport pressure differential requirement is beyond the capability of 
the packaging manufacturer. For example, the instruction could indicate 
that the inner packaging was successfully tested to a pressure 
differential test at 95 kPa and clearly describe the complete closure 
system needed for proper closure and the closure procedures used in 
passing the applicable performance tests. While some hazardous 
materials may require a different pressure differential, the closure 
instructions should be sufficient to allow the shipper to determine 
whether the packaging is suitable for the material, modes of transport 
and transport conditions. The closure instructions should provide 
sufficient details relevant to the procedures for closures consistent 
with the procedure necessary to enable the packaging to meet the 
pressure differential for which it was tested. Considering this 
information, the shipper would be able to properly determine whether 
the package was suitable for the material and for air transport. Based 
on the foregoing, we are adopting the revised paragraph with editorial 
changes for clarity.
    Section 178.274. Based on oral comment submitted to HM-215D, in 
paragraph (j)(6) the size of the ``NOT FOR RAIL TRANSPORT'' marking is 
revised from 20 cm (8 inches) to no less than 10 cm (4 inches) in 
height. We agree with the commenter's reasoning that 8 inches is 
excessive for portable tanks in that it could require a decal as long 
as 14 feet, 3 inches.
    Section 178.705. We are correcting the paragraph (c)(1)(iv)(A) wall 
thickness table for metal IBCs. During the typesetting process of the 
HM-215D final rule (66 FR 33316), the headings for the IBC types were 
misaligned, and we are correcting them as presented in the HM-215D NPRM 
(65 FR 63294) published on October 23, 2000.
    Section 178.812. In Sec.  178.812(b)(1), we are adding the words 
``with the load being evenly distributed,'' consistent with the wording 
in Sec.  178.812(b)(2). This text is necessary to clarify that the test 
must not be conducted with the load unequally applied to an individual 
lifting device. Although we discussed this revision in the preamble of 
the NPRM, the word ``evenly'' was inadvertently omitted from the 
regulatory text.

[[Page 45008]]

Part 180

    Section 180.350. We are amending Sec.  180.350 by revising the 
section heading from ``Applicability'' to ``Applicability and 
definitions'' and by adding definitions for ``Remanufactured IBCs,'' 
``Repaired IBCs'' and ``Routine Maintenance of IBCs.''
    Section 180.352. Two paragraphs are revised and one new paragraph 
is added. Paragraph (d)(1)(i) is revised to specify that a repaired IBC 
must be retested and inspected in accordance with the applicable 
requirements in this section. Paragraph (f) is revised to require that 
a record of such tests performed on repaired IBCs must be kept by the 
IBC owner or lessee. Two commenters, DGAC and COSTHA, noted that with 
the proposed revision of paragraph (f), a portion of the existing text 
was omitted from the regulatory text. The unintentionally omitted text, 
which addresses record retention, is included in this final rule. In 
addition, as proposed, a new paragraph (d)(1)(iv) is added to specify a 
requirement for marking repaired IBCs. One commenter requested that we 
incorporate a provision from the UN Model Regulations to specify that 
tests performed in conjunction with repairs may be used to satisfy 
periodic testing requirements. Because the HMR currently does not 
prohibit tests in conjunction with repairs from being used to satisfy 
the periodic testing requirements, we do not believe this amendment is 
necessary. Several commenters asked that we include a marking 
requirement consistent with the UN Recommendations that applies to the 
routine maintenance of IBCs. Such a marking was not proposed in the 
NPRM and inclusion of such a requirement in the HMR is beyond the scope 
of this final rule.
    Section 180.605. Paragraph (k) is revised to restore the 
inadvertently omitted inspection and test marking requirements for 
Specification DOT 51, 56, 57 and 60 portable tanks. The text, which was 
previously located in Sec.  173.32, was omitted during the process of 
consolidating certain requirements and moving them to part 180 in the 
final rule, HM-215D. For the height of the marking when displayed on 
the portable tank, we are also revising the ``0.5 inches'' conversion 
for 12 mm to ``0.47'' inches consistent with Sec.  178.3.

IV. 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. However, this final rule 
was informally 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]. Benefits resulting from the adoption of the amendments in this 
final rule include enhanced transportation safety resulting from the 
consistent domestic and international hazard communications 
requirements, and continued access to foreign markets by domestic 
shippers of hazardous materials. This rulemaking applies to offerors 
and carriers of hazardous materials, such as chemical manufacturers, 
chemical users and suppliers, packaging manufacturers, distributors, 
battery manufacturers, and radiopharmaceutical companies.
    The majority of amendments in this final rule should result in cost 
savings and ease the regulatory compliance burden for shippers engaged 
in domestic and international commerce, including trans-border 
shipments within North America. For example, cost savings will be 
realized by shippers and carriers as a result of the following:
    [sbull] Eliminating the differences between proper shipping names, 
UN number assignments and hazard classification, including subsidiary 
hazards, between the HMR and international regulations. As a result of 
these changes, shippers and carriers would not have to re-mark or 
repackage hazardous materials that are offered in both domestic and 
international transportation.
    [sbull] Providing certain exceptions including a placarding 
exception for sulfur and molten sulfur when the UN number is displayed 
on bulk packagings, and providing a packaging exception for large, 
hard-cased robust lithium batteries.
    We are authorizing a delayed effective date and a one-year 
transition period to allow for training of employees and to ease any 
burden on entities affected by the amendments.
    In addition, we recognize that there may be costs associated with 
two of the shipping paper amendments and we are providing extended 
compliance dates to minimize any costs associated with those 
amendments. We are authorizing an extended compliance date, until 
October 1, 2007, for the amendment requiring the types and numbers of 
packaging(s) (Sec.  172.202(a)(5)) to be entered on shipping papers. We 
are authorizing, until October 1, 2005, an extended transition period 
for the amendments requiring the subsidiary hazard class or division 
number to be entered on shipping papers (Sec.  172.202(a)(2)). We are 
also providing an extended compliance date of October 1, 2007, for 
package, marking and shipping paper requirements requiring replacement 
of the word ``inhibited'' with the word ``stabilized,'' and until 
October 1, 2005 for the proper shipping names affected by the removal 
of the word ``compressed.''
    Many companies involved in domestic, as well as international 
operations, will realize economic benefits as a result of the adoption 
of amendments in this rulemaking. If the changes are not adopted, U.S. 
companies will be at an economic disadvantage by being forced to comply 
with a dual system of regulations. The total net increase in costs to 
businesses in implementing this rulemaking is considered to be minimal 
and a regulatory evaluation is available for review in the Docket.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
rulemaking preempts State, local and Indian tribe requirements but does 
not propose 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 material transportation law, 49 U.S.C. 5101-
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:
    (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

[[Page 45009]]

and would preempt State, local, and Indian tribe requirements not 
meeting the ``substantively the same'' standard. This final rule is 
necessary to incorporate changes adopted in international standards, 
effective January 1, 2003. If the changes in this final rule were not 
adopted in the HMR, U.S. companies, including numerous small entities 
competing in foreign markets, would be at an economic disadvantage. 
These companies would be forced to comply with two systems of 
regulations. The changes in this rulemaking are intended to avoid this 
result. 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 
this final rule and not later than two years after the date of 
issuance. The effective date of Federal preemption is October 29, 2003.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities, 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule would serve to facilitate the transportation of hazardous 
materials in international commerce by providing consistency with 
international standards. This final rule applies to offerors and 
carriers of hazardous materials, some of whom are small entities, such 
as chemical users and suppliers, packaging manufacturers, distributors, 
and battery manufacturers. As discussed above, under Executive Order 
12866, the majority of amendments in this final rule should result in 
cost savings and ease the regulatory compliance burden for shippers 
engaged in domestic and international commerce, including trans-border 
shipments within North America.
    Many companies will realize economic benefits as a result of the 
amendments. If the changes in this final rule were not adopted, U.S. 
companies, including small entities competing in foreign markets, will 
be forced to comply with two systems of regulations to their economic 
disadvantage. Therefore, I certify that these amendments will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

    Information collection and recordkeeping requirements contained in 
this final rule were submitted to the Office of Management and Budget 
(OMB) for approval under the provisions of the Paperwork Reduction Act 
of 1995, Section 1320.8(d). Title 5, Code of Federal Regulations 
requires us to provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. Under the Paperwork Reduction Act, no person is 
required to an information collection unless it has been approved by 
OMB and displays a valid OMB control number.
    The new information collection requirements in this rule requiring 
additional shipping paper documentation, was submitted to OMB for 
review and approval on June 24, 2003. OMB approved this new information 
collection under OMB No. 2137-0613, ``Subsidiary Hazard Class and 
Number/Type of Packagings'' on June 25, 2003 until June 30, 2006. This 
new information collection, OMB Control Number 2137-0613, requiring the 
subsidiary hazard class or division number and number and type of 
packagings to be included on shipping papers increased the information 
collection burden. RSPA currently has an approved information 
collection under OMB Control Number 2137-0557, ``Approvals for 
Hazardous Materials'' with 18,405 burden hours and $415,237.40. There 
were minor editorial revisions for section designations with no change 
in the burden for OMB Control Number 2137-0557 under this rule. OMB 
approved this information collection request under OMB No. 2137-0557, 
``Approvals for Hazardous Materials'' as proposed under this rule on 
December 20, 2002, until December 31, 2005.
    OMB approved this information collection request under OMB No. 
2137-0613, ``Subsidiary Hazard Class and Number/Type of Packagings'' as 
adopted under this rule on June 25, 2003, until June 30, 2006. We 
estimated total information collection and recordkeeping burden 
resulting from additional information required on shipping papers under 
the following new information collection to be:
``Subsidiary Hazard Class & Number/Type of Packagings''
    OMB No. 2137-0613.
    Total Annual Number of Respondents: 250,000.
    Total Annual Responses: 6,337,500.
    Total Annual Burden Hours: 17,604.
    Total Annual Burden Cost: $216,705.
    Total First Year Start Up Burden Hours: 45,705.
    Total First Year Annual Start Up Cost: $1,115,992.
    OMB approved the editorial changes under this rule with no increase 
in burden for OMB No. 2137-0557, ``Approvals for Hazardous Materials.'' 
The total information collection and recordkeeping burden is estimated 
as follows:
``Approvals for Hazardous Materials''
    OMB Number: 2137-0557.
    Total Annual Number of Respondents: 3,523.
    Total Annual Responses: 3,874.8.
    Total Annual Burden Hours: 18,405.
    Total Annual Burden Cost: $415,237.40.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.

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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

G. 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

[[Page 45010]]

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.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires 
Federal agencies to consider the consequences of major Federal actions 
and prepare a detailed statement on actions significantly affecting the 
quality of the human environment. We developed an assessment to 
determine the effects of these revisions on the environment and whether 
a more comprehensive environmental impact statement may be required. 
Our findings conclude that there are no significant environmental 
impacts associated with this rule. Consistency in the regulations for 
the transportation of hazardous materials aids in the shipper's 
understanding of what is required and permits shippers to more easily 
comply with safety regulations and avoid the potential for 
environmental damage or contamination. An environmental assessment is 
available in the public docket.

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 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 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.

0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

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


0
2. In Sec.  171.6, in paragraph (b)(2), the Table is amended by adding 
a new entry in numerical order to read as follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Title 49 CFR part or
                                                                                              section where
             Current OMB control No.                              Title                       identified and
                                                                                                described
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2137-0613.......................................  Subsidiary Hazard Class and Number/      Sec.  Sec.   172.202,
                                                   Type of Packagings.                                   172.203
----------------------------------------------------------------------------------------------------------------


0
3. In Sec.  171.7, in the paragraph (a)(3) table, under the entry 
``International Maritime Organization'', a new entry is added in 
alphabetical order to read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
                                                                49 CFR
                Source and name of material                   reference
------------------------------------------------------------------------
 
                              * * * * * * *
International Maritime Organization,
 
                              * * * * * * *
International Convention for the Safety of Life at Sea,           176.63
 (SOLAS) Amendments 2000, Chapter II-2/Regulation 19, 2001.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
4. In Sec.  171.8, in the definition ``Large packaging'', in paragraph 
(5), the wording ``UN Recommendations'' is removed and ``UN 
Recommendations, Chapter 6.6 (incorporated by reference; see Sec.  
171.7)'' is added in its place.

0
5. In Sec.  171.11, paragraphs (c), (d)(5) and (d)(17) are revised to 
read as follows:


Sec.  171.11  Use of ICAO Technical Instructions.

* * * * *
    (c) Is not a forbidden material or package according to Sec.  
173.21 of this subchapter; is not a forbidden material as designated in 
Column (3) of the Sec.  172.101 Table of this subchapter; and is not 
forbidden by Column 9(A) of the Sec.  172.101 Table of this subchapter 
when transported on passenger aircraft, or is not forbidden by Column 
9(B) of the Sec.  172.101 Table of this subchapter when transported by 
cargo aircraft.
    (d) * * *
    (5) For air bag inflators, air bag modules, or seat-belt 
pretensioners, the shipping paper description must

[[Page 45011]]

conform to the requirements of Sec.  173.166(c) of this subchapter.
* * * * *
    (17) A self-reactive substance that is not identified by technical 
name in the Self-reactive Materials Table in Sec.  173.224(b) of this 
subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.124(a)(2)(iii) of this 
subchapter. An organic peroxide that is not identified by a technical 
name in the Organic Peroxide Table in Sec.  173.225(b) of this 
subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.128(d) of this 
subchapter.

0
6. In Sec.  171.12, paragraphs (b)(3), (b)(19) and (b)(20) are revised 
to read as follows:


Sec.  171.12  Import and export shipments.

* * * * *
    (b) * * *
    (3) A material that is designated as a hazardous material under 
this subchapter, but is not subject to the requirements of the IMDG 
Code (see Sec.  171.12 of this subchapter) may not be transported under 
the provisions of this section and is subject to the requirements of 
this subchapter. Examples of such materials include flammable gas 
powered vehicles and combustible liquids.
* * * * *
    (19) For air bag inflators, air bag modules, or seat-belt 
pretensioners, the shipping paper description must conform to the 
requirements of Sec.  173.166(c) of this subchapter.
    (20) A self-reactive substance that is not identified by technical 
name in the Self-reactive Materials Table in Sec.  173.224(b) of this 
subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.124(a)(2)(iii) of this 
subchapter. An organic peroxide that is not identified by a technical 
name in the Organic Peroxide Table in Sec.  173.225(b) of this 
subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.128(d) of this 
subchapter.
* * * * *

0
7. In Sec.  171.12a, paragraph (b)(18) is revised to read as follows:


Sec.  171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (18) A self-reactive substance that is not identified by a 
technical name in the Self-reactive Materials Table in Sec.  173.224(b) 
of this subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.124(a)(2)(iii) of this 
subchapter. An organic peroxide that is not identified by a technical 
name in the Organic Peroxide Table in Sec.  173.225(b) of this 
subchapter must be approved by the Associate Administrator in 
accordance with the requirements of Sec.  173.128(d) of this 
subchapter.
* * * * *

0
8. In Sec.  171.14, paragraphs (d) introductory text, (d)(1), (d)(2) 
introductory text, (d)(4) and (d)(5) are revised, and paragraphs 
(d)(6), (d)(7) and (d)(8) are added to read as follows:


Sec.  171.14  Transitional provisions for implementing certain 
requirements.

* * * * *
    (d) A final rule published in the Federal Register on July 31, 
2003, effective October 1, 2003, resulted in revisions to this 
subchapter. During the transition period, until October 1, 2004, as 
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, 2003, or the requirements published in the July 
31, 2003 final rule.
    (1) Transition dates. The effective date of the final rule 
published on July 31, 2003 is October 1, 2003. Delayed compliance is 
authorized until October 1, 2004. Unless otherwise specified, on and 
after October 1, 2004, all applicable regulatory requirements adopted 
in the final rule in effect on October 1, 2003 must be met.
    (2) Intermixing old and new requirements. Marking, labeling, 
placarding, and shipping paper descriptions must conform to either the 
old requirements of this subchapter in effect on September 30, 2003, or 
the new requirements of this subchapter in this final rule without 
intermixing communication elements, except that intermixing is 
permitted during the applicable transition period for packaging, hazard 
communication, and handling provisions, as follows:
* * * * *
    (4) Until January 1, 2010, a hazardous material may be transported 
in an IM, IMO, or DOT Specification 51 portable tank in accordance with 
the T Codes (Special Provisions) assigned to a hazardous material in 
Column (7) of the Sec.  172.101 Table in effect on September 30, 2001.
    (5) Proper shipping names that included the word ``inhibited'' 
prior to the June 21, 2001 final rule in effect on October 1, 2001 are 
authorized on packagings and shipping papers in place of the word 
``stabilized'' until October 1, 2007. Proper shipping names that 
included the word ``compressed'' prior to the final rule published on 
July 31, 2003 and effective on October 1, 2003 may continue to be shown 
on packagings and shipping papers until October 1, 2007.
    (6) The shipping paper requirement for total quantity indication in 
Sec.  172.202(a)(6), that was in effect on September 30, 2003, is 
authorized until October 1, 2007.
    (7) Except for transport by vessel, the non-mandatory shipping 
paper provision to include the subsidiary hazard class or division 
number in accordance with Sec.  172.202(a)(2), in effect on September 
30, 2003, is authorized until October 1, 2005.
    (8) Until October 1, 2005, proper shipping names that did not 
identify specific isomers by numbers or letters preceding the chemical 
name prior to the final rule published on July 31, 2003 and effective 
on October 1, 2003, may continue to be marked on packagings and are 
authorized on shipping papers in place of the proper shipping names 
revised in the July 31, 2003 final rule.
* * * * *

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

0
9. The authority citation for part 172 continues to read as follows:

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

0
10. In Sec.  172.101, the following amendments are made:
0
a. paragraph (c)(15) is revised;
0
b. in the Hazardous Materials Table, entries are removed, as set forth 
below;
0
c. in the Hazardous Materials Table, entries are added, as set forth 
below; and
0
d. in the Hazardous Materials Table, entries are revised, as set forth 
below:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (15) Unless a hydrate is specifically listed in the Table, a proper 
shipping name for the equivalent anhydrous substance may be used, if 
the hydrate meets the same hazard class or division, subsidiary risk(s) 
and packing group.
* * * * *

[[Page 45012]]



                                                                           Sec.   172.101.--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous                                                                               (8)  Packaging (Sec.   173.***)     (9)  Quantity limitations     (10)  Vessel stowage
                 materials        Hazard                                                              ------------------------------------------------------------------------------------------
  Symbols    descriptions and    class or    Identification    PG       Label     Special provisions
              proper shipping    division       numbers                 codes                          Exceptions    Nonbulk      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:
 
                                                                                          * * * * * * *
             Air bag           2.2........  UN3353.........  ......  2.2.......  133.................  166.......  166.......  166.......  75 kg........  150 kg.......        A
              inflators,
              compressed gas
              or Air bag
              modules,
              combressed gas
              or Seat-belt
              pretensioners,
              compressed gas.
             Air bag           1.4G.......  UN0503.........  II....  1.4G......  ....................  166.......  166.......  166.......  Forbidden....  75 kg........       02   24E
              inflators,
              pyrotechnic or
              Air bag
              modules,
              pyrotechnic or
              Seat-belt
              pretensioner,
              pyrotechnic.
             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.
D            Ammonium nitrate  5.1........  NA2072.........  III...  5.1.......  7, IB8..............  152.......  213.......  240.......  25 kg........  100 kg.......        B   48, 59, 60,
              fertilizers.                                                                                                                                                          117
             Ammonium nitrate  5.1........  UN2067.........  III...  5.1.......  52, IB8, IP3........  152.......  213.......  240.......  25 kg........  100 kg.......        B   48, 59, 60,
              fertilizers;                                                                                                                                                          117
              uniform non-
              segregating
              mixtures of
              ammonium
              nitrate with
              added matter
              which is
              inorganic and
              chemically
              inert towards
              ammonium
              nitrate, with
              not less than
              90 percent
              ammonium
              nitrate and not
              more than 0.2
              percent
              combustible
              material
              (including
              organic
              material
              calculated as
              carbon), or
              with more than
              70 percent but
              less than 90
              percent
              ammonium
              nitrate and not
              more than 0.4
              percent total
              combustible
              material.
A W          Ammonium nitrate  9..........  UN2071.........  III...  9.........  132,IB8.............  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.
             Ammonium nitrate  5.1........  NA2069.........  III...  5.1.......  10, IB8.............  152.......  213.......  240.......  25 kg........  100 kg.......        B   48, 59, 60,
              mixed                                                                                                                                                                 117
              fertilizers.
             Ammonium          5.1........  UN1942.........  III...  5.1.......  A1, A29, IB8, IP3...  152.......  213.......  240.......  25 kg........  100 kg.......        A   48, 59, 60,
              nitrate, with                                                                                                                                                         116
              not more than
              0.2 percent of
              combustible
              substances,
              including any
              organic
              substance
              calculated as
              carbon, to the
              exclusion of
              any other added
              substance.

[[Page 45013]]

 
             Boron             2.3........  UN1008.........  ......  2.3.......  2, B9, B14..........  None......  302.......  314, 315..  Forbidden....  Forbidden....        D   40
              trifluoride,
              compressed.
             Calcium           5.1........  UN2880.........  II....  5.1.......  IB8, IP2, IP4, W9...  152.......  212.......  240.......  5 kg.........  25 kg........        D   4, 5, 25, 48,
              hypochlorite,                                                                                                                                                         56, 58, 69
              hydrated or
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              10 percent
              water.
             Carbonyl          2.3........  UN2417.........  ......  2.3, 8....  2...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40
              fluoride,
              compressed.
+            Chlorodinitroben  6.1........  UN1577.........  II....  6.1.......  IB8, IP2, IP4, T7,    None......  212.......  242.......  25 kg........  100 kg.......        A   91
              zenes.                                                              TP2.
             Cigar and
              cigarette
              lighters,
              charged with
              fuel, see
              Lighters for
              cigars,
              cigarettes, etc
             Cresols.........  6.1........  UN2076.........  II....  6.1, 8....  IB8, IP2, IP4, T7,    None......  202.......  243.......  1 L..........  30 L.........        B
                                                                                  TP2.
             Diborane,         2.3........  UN1911.........  ......  2.3, 2.1..  1...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40, 57
              compressed.
             Diethylamino-     3..........  UN2684.........  III...  3, 8......  B1, IB3, T4, TP1....  150.......  203.......  242.......  5 L..........  60 L.........        A
              propylamine.
             Dimethylcyclo-    8..........  UN2264.........  II....  8, 3......  B2, IB2, T7, TP2....  154.......  202.......  243.......  1 L..........  30 L.........        A   40
              hexylamine.
             Ethyl             3..........  UN2277.........  II....  3.........  IB2, T4, TP1........  150.......  202.......  242.......  5 L..........  60 L.........        B
              methacrylate.
             Ethylbutyl        3..........  UN1177.........  III...  3.........  B1, IB3, T2, TP1....  150.......  203.......  242.......  60 L.........  220 L........        A
              acetate.
             Ethylene,         2.1........  UN1962.........  ......  2.1.......  ....................  306.......  304.......  302.......  Forbidden....  150 kg.......        E   40
              compressed.
             Hexafluoroethane  2.2........  UN2193.........  ......  2.2.......  ....................  306.......  304.......  314, 315..  75 kg........  150 kg.......        A
              , compressed or
              Refrigerant gas
              R 116.
             Hydrazine,        8..........  UN2029.........  I.....  8, 3, 6.1.  A3, A6, A7, A10, B7,  None......  201.......  243.......  Forbidden....  2.5 L........        D   21, 40, 42,
              anhydrous or                                                        B16, B53.                                                                                         100
              Hydrazine
              aqueous
              solutions with
              more than 64
              percent
              hydrazine, by
              mass.
             Hydrazine         8..........  UN2030.........  II....  8, 6.1....  B16, B53, IB2, T7,    None......  202.......  243.......  Forbidden....  30 L.........        D   40, 42, 82
              hydrate or                                                          TP2, TP13.
              Hydrazine
              aqueous
              solutions, with
              not less than
              37 percent but
              not more than
              64 percent
              hydrazine, by
              mass.
             Lighters or       2.1........  UN1057.........  ......  2.1.......  N10.................  None......  21, 308...  None......  1 kg.........  15 kg........        B   40
              Lighter refills
              cigarettes,
              containing
              flammable gas.
             Lithium           8..........  UN2680.........  II....  8.........  IB8, IP2, IP4.......  154.......  212.......  240.......  15 kg........  50 kg........        A
              hydroxide,
              monohydrate or
              Lithium
              hydroxide,
              solid.
             Nitrogen          2.2........  UN2451.........  ......  2.2, 5.1..  ....................  None......  302.......  None......  75 kg........  150 kg.......        D   40
              trifluoride,
              compressed.
             Phosphoric acid,  8..........  UN1805.........  III...  8.........  A7, IB3, IP3, N34,    154.......  203.......  241.......  5 L..........  60 L.........        A
              liquid or solid.                                                    T4, TP1.
             Phosphorus        2.3........  UN2198.........  ......  2.3, 8....  2, B9, B14..........  None......  302, 304..  314, 315..  Forbidden....  Forbidden....        D   40
              pentafluoride,
              compressed.
             Propyl chloride.  3..........  UN1278.........  II....  3.........  IB2, IP8, N34, T7,    None......  202.......  242.......  Forbidden....  60 L.........        E
                                                                                  TP2.
             Refrigerating     2.2........  UN2857.........  ......  2.2.......  A53.................  306, 307..  306.......  306, 307..  450 kg.......  450 kg.......        A
              machines,
              containing non-
              flammable, non-
              toxic,
              liquefied gas
              or ammonia
              solution
              (UN2672).
             Silane,           2.1........  UN2203.........  ......  2.1.......  ....................  None......  302.......  None......  Forbidden....  Forbidden....        E   40, 57, 104
              compressed.
             Silicon           2.3........  UN1859.........  ......  2.3, 8....  2...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40
              tetrafluoride,
              compressed.
             Tetrachloroethan  6.1........  UN1702.........  II....  6.1.......  IB2, N36, T7, TP2...  None......  202.......  243.......  5 L..........  60 L.........        A   40
              e.
             Tetrafluorometha  2.2........  UN1982.........  ......  2.2.......  ....................  None......  302.......  None......  75 kg........  150 kg.......        A   .............
              ne, compressed
              or Refrigerant
              gas R 14.
D            Uranium nitrate   7..........  UN2980.........  ......  7, 8......  ....................  421, 427..  415, 416,   415, 416,   .............  .............        D   95
              hexahydrate                                                                                           417.        417.
              solution.
             Xenon,            2.2........  UN2036.........  ......  2.2.......  ....................  306.......  302.......  None......  75 kg........  150 kg.......        A   .............
              compressed.
             Xylidines,        6.1........  UN1711.........  II....  6.1.......  IB2, T7, TP2........  None......  202.......  243.......  5 L..........  60 L.........        A   .............
              solution.

[[Page 45014]]

 
             Add:
             Accumulators,
              pressurized,
              pneumatic or
              hydraulic
              (containing non-
              flammable gas)
              see Articles
              pressurized,
              pneumatic or
              hydraulic
              (containing non-
              flammable gas)
 
                                                                                          * * * * * * *
I            Air bag           1.4G.......  UN0503.........  II....  1.4G......  161.................  None......  62........  None......  Forbidden....  75kg.........       02
              inflators, or
              Air bag
              modules, or
              Seat-belt
              pretensioners.
             Air bag           9..........  UN3268.........  III...  9.........  160.................  166.......  166.......  166.......  25 kg........  100..........        A
              inflators, or
              Air bag
              modules, or
              Seat-belt
              pretensioners.
                                                                                          * * * * * * *
             Ammonium nitrate  5.1........  UN3375.........  II....  5.1.......  52, 147.............  None......  214.......  214.......  Forbidden....  Forbidden....        D   48, 59, 60,
              emulsion or                                                                                                                                                           124
              Ammonium
              nitrate
              suspension or
              Ammonium
              nitrate gel,
              intermediate
              for blasting
              explosives.
                                                                                          * * * * * * *
             Ammonium nitrate  5.1........  UN2067.........  III...  5.1.......  52, 150, IB8, IP3...  152.......  213.......  240.......  25 kg........  100 kg.......        B   48, 59, 60,
              based                                                                                                                                                                 117
              fertilizer.
AW           Ammonium nitrate  9..........  UN2071.........  III...  9.........  132, IB8............  155.......  213.......  240.......  200 kg.......  200 kg.......        A   .............
              based
              fertilizer.
 
                                                                                          * * * * * * *
             Ammonium          5.1........  UN1942.........  III...  5.1.......  A1, A29, IB8, IP3...  152.......  213.......  240.......  25 kg........  100 kg.......        A   48, 59, 60,
              nitrate, with                                                                                                                                                         116
              not more than
              0.2% total
              combustible
              material,
              including any
              organic
              substance,
              calculated as
              carbon to the
              exclusion of
              any other added
              substance.
 
                                                                                          * * * * * * *
             Boron             2.3........  UN1008.........  ......  2.3.......  2, B9, B14..........  None......  302.......  314, 315..  Forbidden....  Forbidden....        D   40
              trifluoride.
 
                                                                                          * * * * * * *
             Calcium           5.1........  UN2880.........  II....  5.1.......  IB8, IP2, IP4, W9...  152.......  212.......  240.......  5 kg.........  25 kg........        D   4, 5, 25, 48,
              hypochlorite,                                                                                                                                                         56, 58, 69
              hydrated or
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              16 percent
              water.
 
                                                                                          * * * * * * *
             Carbonyl          2.3........  UN2417.........  ......  2.3, 8....  2...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40
              fluoride.
 
                                                                                          * * * * * * *
 +           Chlorodinitroben  6.1........  UN1577.........  II....  6.1.......  IB2, T11,TP2, TP27..  None......  202.......  243.......  5 L..........  60 L.........        B   91
              zenes, liquid.
+            Chlorodinitroben  6.1........  UN1577.........  II....  6.1.......  IB8, IP4, T7, TP2...  None......  212.......  242.......  25 kg........  100 kg.......        A   91
              zenes, solid.

[[Page 45015]]

 
                                                                                          * * * * * * *
             1-Chloropropane.  3..........  UN1278.........  II....  3.........  IB2, N34, T7, TP2...  None......  202.......  242.......  Forbidden....  60 L.........        E
                                                                                          * * * * * * *
             Chlorosilanes,    6.1........  UN3361.........  II....  6.1, 8....  IB1, T11, TP2, TP13.  None......  202.......  243.......  1 L..........  30 L.........         C  40
              toxic,
              corrosive,
              n.o.s..
             Chlorosilanes,    6.1........  UN3362.........  II....  6.1, 3, 8.  IB1, T11, TP2, TP13.  None......  202.......  243.......  1 L..........  30 L.........         C  40, 125
              toxic,
              corrosive,
              flammable,
              n.o.s..
 
                                                                                          * * * * * * *
             Cigar and
              cigarette
              lighters,
              charged with
              fuel, see
              Lighters or
              Lighter refills
              containing
              flammable gas
 
                                                                                          * * * * * * *
             Cresols, liquid.  6.1........  UN2076.........  II....  6.1, 8....  IB8, IP2, IP4, T7,    None......  202.......  243.......  1 L..........  30 L.........        B   .............
                                                                                  TP2.
              Cresols, solid.  6.1........  UN2076.........  II....  6.1, 8....  IB8, IP2, IP4, T7,    None......  202.......  243.......  1 L..........  30 L.........        B   .............
                                                                                  TP2.
 
                                                                                          * * * * * * *
             Diborane........  2.3........  UN1911.........  2.3...  2.1.......  1...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40, 57
 
                                                                                          * * * * * * *
             3-Diethylamino-   3..........  UN2684.........  III...  3, 8......  B1, IB3, T4, TP1....  150.......  203.......  242.......  5 L..........  60 L.........        A   .............
              propylamine.
 
                                                                                          * * * * * * *
             N,N-              8..........  UN2264.........  II....  8, 3......  B2, IB2, T7, TP2....  154.......  202.......  243.......  1 L..........  30 L.........        A   40
              Dimethylcyclo-
              hexylamine.
 
                                                                                          * * * * * * *
             Ethyl             3..........  UN2277.........  II....  3.........  IB2, T4, TP1........  150.......  202.......  242.......  5 L..........  60 L.........        B   .............
              methacrylate,
              stabilized.
 
                                                                                          * * * * * * *
             2-Ethylbutyl      3..........  UN1177.........  III...  3.........  B1, IB3, T2, TP1....  150.......  203.......  242.......  60 L.........  220 L........        A   .............
              acetate.
 
                                                                                          * * * * * * *
             Ethylene........  2.1........  UN1962.........  ......  2.1.......  306.................  304.......  302.......  Forbidden.  150kg........  E............       40   .............
 
                                                                                          * * * * * * *
             Ethylene glycol   3..........  UN1153.........  II....  3.........  IB2, T4, TP1........  150.......  202.......  242.......  5 L..........  60 L.........        A   .............
              diethyl ether.
 
                                                                                          * * * * * * *
A, I, W      Fibers, animal    4.2........  UN1372.........  III...  4.2.......  ....................  151.......  213.......  240.......  Forbidden....  Forbidden....        A   .............
              or Fibers,
              vegetable
              burnt, wet or
              damp.
 
                                                                                          * * * * * * *
I, W         Fibers,           4.1........  UN3360.........  III...  4.1.......  137.................  151.......  213.......  240.......  No limit.....  No limit.....        A   .............
              vegetable, dry.
 
                                                                                          * * * * * * *
             Hexafluoroethane  2.2........  UN2193.........  ......  2.2.......  ....................  306.......  304.......  314, 315..  75 kg........  150..........        A   .............
              , or
              Refrigerant gas
              R116.
 

[[Page 45016]]

 
                                                                                          * * * * * * *
             Hydrazine,        8..........  UN2029.........  I.....  8, 3, 6.1.  A3, A6, A7, A10, B7,  None......  201.......  243.......  Forbidden....  2.5 L........        D   40, 125
              anhydrous.                                                          B16, B53.
 
                                                                                          * * * * * * *
             Hydrazine         8..........  UN2030.........  I.....  8, 6.1....  151.................  None......  201.......  243.......  Forbidden....  2.5 L........        D   40
              aqueous
              solution, with
              more than 37%
              hydrazine, by
              mass.
                                                             II....  8, 6.1....  ....................  None......  202.......  243.......  Forbidden....  30 L.........        D   40
                                                             III...  8, 6.1....  ....................  154.......  203.......  241.......  5 L..........  60 L.........        D   40
 
                                                                                          * * * * * * *
             Hydrobromic       8..........  UN1788.........  ......  ..........  ....................  ..........  ..........  ..........  .............  .............  ........  .............
              acid, with more
              than 4 percent
              hydrobromic
              acid 9.
 
                                                                                          * * * * * * *
             Lighters or       2.1........  UN1057.........  ......  2.1.......  N10.................  None......  21, 308...  None......  1 kg.........  15 kg........        B   40
              Lighter refills
              containing
              flammable gas.
 
                                                                                          * * * * * * *
             Lithium           8..........  UN2680.........  II....  8.........  IB8, IP2, IP4.......  154.......  212.......  240.......  15 kg........  50 kg........        A   .............
              hydroxide.
 
                                                                                          * * * * * * *
             2-Methylbutanal.  3..........  UN3371.........  II....  3.........  IB2, T4, TP1........  150.......  202.......  242.......  5 L..........  60 L.........        B   .............
 
                                                                                          * * * * * * *
             Nitrogen          2.2........  UN2451.........  ......  2.2, 5.1..  ....................  None......  302.......  None......  75 kg........  150 kg.......        D   40
              trifluoride.
 
                                                                                          * * * * * * *
             4-                4.1........  UN3376.........  I.....  4.1.......  162, A8, A19, A20,    None......  211.......  None......  Forbidden....  Forbidden....        E   36
              Nitrophenylhydr                                                     N41.
              azine, with not
              less than 30%
              water, by mass.
 
                                                                                          * * * * * * *
G            Organometallic    4.3........  UN3372.........  I.....  4.3, 4.1..  IB4, N40............  None......  211.......  242.......  Forbidden....  15 kg........        E   40
              compound,
              solid, water-
              reactive,
              flammable,
              n.o.s..
                                                             II      4.3, 4.1..  IB4.................  151.......  212.......  242.......  15 kg........  50 kg........        E   40
                                                             III     4.3, 4.1..  IB6.................  151.......  213.......  241.......  25 kg........  100 kg.......        E   40
 
                                                                                          * * * * * * *
             Phosphoric acid,  8..........  UN1805.........  III...  8.........  A7, IB3, IP3, N34,    154.......  203.......  241.......  5 L..........  60 L.........        A   .............
              liquid.                                                             T4, TP1.
             Phosphoric acid,  8..........  UN1805.........  III...  8.........  IB8, IP3, T3, TP1...  154.......  213.......  240.......  25 kg........  100 kg.......        A   .............
              solid.
 
                                                                                          * * * * * * *
             Phosphorus        2.3........  UN2198.........  ......  2.3, 8....  2, B9, B14..........  None......  302, 304..  314, 315..  Forbidden....  Forbidden....        D   40
              pentafluoride.
 

[[Page 45017]]

 
                                                                                          * * * * * * *
             Propyl chloride
              see 1-
              Chloropropane.
 
                                                                                          * * * * * * *
A, W         Rags, oily......  4.2........  UN1856.........  III...  4.2.......  ....................  151.......  213.......  240.......  Forbidden....  Forbidden....        A   .............
 
                                                                                          * * * * * * *
             Refrigerating     2.2........  UN2857.........  ......  2.2.......  A53.................  306, 307..  306.......  306, 307..  450 kg.......  450 kg.......        A   .............
              machines,
              containing non-
              flammable, non-
              toxic,
              liquefied or
              compressed gas
              or ammonia
              solution
              (UN2672).
 
                                                                                          * * * * * * *
             Rubber scrap or   4.1........  UN1345.........  II....  4.1.......  IB8, IP2, IP4.......  151.......  212.......  240.......  15 kg........  50 kg........        A   .............
              Rubber shoddy,
              powdered or
              granulated, not
              exceeding 840
              microns and
              rubber content
              exceeding 45%.
 
                                                                                          * * * * * * *
             Silane..........  2.1........  UN2203.........  ......  2.1.......  ....................  None......  302.......  None......  Forbidden....  Forbidden....        E   40, 57, 104
 
                                                                                          * * * * * * *
             Silicon           2.3........  UN1859.........  ......  2.3, 8....  2...................  None......  302.......  None......  Forbidden....  Forbidden....        D   40
              tetrafluoride.
 
                                                                                          * * * * * * *
             Sodium dinitro-o- 4.1........  UN3369.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              cresolate,                                                          N84.
              wetted, with
              not less than
              10% water by
              mass.
 
                                                                                          * * * * * * *
             1,1,2,2-          6.1........  UN1702.........  II....  6.1.......  IB2, N36, T7, TP2...  None......  202.......  243.......  5 L..........  60 L.........        A   40
              Tetrachloroetha
              ne.
 
                                                                                          * * * * * * *
             Tetrafluorometha  2.2........  UN1982.........  ......  2.2.......  ....................  None......  302.......  None......  75 kg........  150 kg.......        A   .............
              ne, or
              Refrigerant gas
              R 14.
 
                                                                                          * * * * * * *
A, I, W      Textile waste,    4.2........  UN1857.........  III...  4.2.......  ....................  151.......  213.......  240.......  Forbidden....  Forbidden....        A   .............
              wet.
 
                                                                                          * * * * * * *
             Trinitrobenzene,  4.1........  UN3367.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              wetted, with                                                        N84.
              not less than
              10% water by
              mass.
 
                                                                                          * * * * * * *
             Trinitrobenzoic   4.1........  UN3368.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              acid, wetted,                                                       N84.
              with not less
              than 10% water
              by mass.
 
                                                                                          * * * * * * *
             Trinitrochlorobe  4.1........  UN3365.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              nzene (picryl                                                       N84.
              chloride),
              wetted, with
              not less than
              10% water by
              mass.
 
                                                                                          * * * * * * *
             Trinitrophenol    4.1........  UN3364.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              (picric acid),                                                      N84.
              wetted, with
              not less than
              10% water by
              mass.
 

[[Page 45018]]

 
                                                                                          * * * * * * *
             Trinitrotoluene   4.1........  UN3366.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              (TNT), wetted,                                                      N84.
              with not less
              than 10% water
              by mass.
 
                                                                                          * * * * * * *
D            Uranyl nitrate    7..........  UN2980.........  ......  7, 8......  ....................  421, 427..  415, 416,   415, 416    .............  .............        D   95
              hexahydrate                                                                                           417.        417.
              solution.
 
                                                                                          * * * * * * *
             Urea nitrate,     4.1........  UN3370.........  I.....  4.1.......  162, A8, A19, N41,    None......  211.......  None......  0.5 kg.......  0.5 kg.......        E   36
              wetted, with                                                        N83.
              not less than
              10% water by
              mass.
 
                                                                                          * * * * * * *
A, I, W      Wool waste, wet.  4.2........  UN1387.........  III...  4.2.......  ....................  151.......  213.......  240.......  Forbidden....  Forbidden....        A   .............
 
                                                                                          * * * * * * *
             Xenon...........  2.2........  UN2036.........  ......  2.2.......  ....................  306.......  302.......  None......  75 kg........  150 kg.......        A   .............
 
                                                                                          * * * * * * *
             Xylidines,        6.1........  UN1711.........  II....  6.1.......  IB2, T7, TP2........  None......  202.......  243.......  5 L..........  60 L.........        A   .............
              liquid.
             Revise:
             Adhesives,        3..........  UN1133.........  II....  3.........  149, B52, IB2, T4,    150.......  173.......  242.......  5 L..........  60 L.........        B   .............
              containing a                                                        TP1, TP8.
              flammable
              liquid.
 
                                                                                          * * * * * * *
             Aerosols,         2.2........  UN1950.........  ......  2.2, 8....  153, A34............  306.......  None......  None......  75 kg........  150 kg.......        A   48, 87, 126
              corrosive,
              Packing Group
              II or III,
              (each not
              exceeding 1 L
              capacity).
             Aerosols,         2.1........  UN1950.........  ......  2.1.......  153, N82............  306.......  None......  None......  75 kg........  150 kg.......        A   48, 87, 126
              flammable,
              (each not
              exceeding 1 L
              capacity).
             Aerosols,         2.1........  UN1950.........  ......  2.1.......  153, N82............  306.......  304.......  None......  Forbidden....  150 kg.......        A   48, 87, 126
              flammable,
              n.o.s. (engine
              starting fluid)
              (each not
              exceeding 1 L
              capacity).
             Aerosols, non-    2.2........  UN1950.........  ......  2.2.......  153.................  306, 307..  None......  None......  75 kg........  150 kg.......        A   48, 87, 126
              flammable,
              (each not
              exceeding 1 L
              capacity).
             Aerosols,         2.2........  UN1950.........  ......  2.2.......  153.................  306.......  None......  None......  Forbidden....  Forbidden....        A   48, 87, 126
              poison, each
              not exceeding 1
              L capacity.
 
                                                                                          * * * * * * *
             Alkylsulfuric     8..........  UN2571.........  II....  8.........  B2, IB2, T8, TP2,     154.......  202.......  242.......  1 L..........  30 L.........         C  14
              acids.                                                              TP12, TP13, TP28.
 

[[Page 45019]]

 
                                                                                          * * * * * * *
             Ammonia           8..........  UN2672.........  III...  8.........  IB3, IP8, T7, TP1...  154.......  203.......  241.......  5 L..........  60 L.........        A   40, 85
              solutions,
              relative
              density between
              0.880 and 0.957
              at 15 degrees C
              in water, with
              more than 10
              percent but not
              more than 35
              percent Ammonia.
 
                                                                                          * * * * * * *
             Ammunition,       1.2G.......  UN0015.........  II....  1.2G......  ....................  ..........  62........  None......  Forbidden....  Forbidden....  ........  8E, 17E, 20E
              smoke with or
              without
              burster,
              expelling
              charge or
              propelling
              charge.
             Ammunition,       1.3G.......  UN0016.........  II....  1.3G......  ....................  ..........  62........  None......  Forbidden....  Forbidden....  ........  8E, 17E, 20E
              smoke with or
              without
              burster,
              expelling
              charge or
              propelling
              charge.
             Ammunition,       1.4G.......  UN0303.........  II....  1.4G......  ....................  ..........  62........  None......  Forbidden....  75 kg........  ........  7E, 8E, 14E,
              smoke with or                                                                                                                                                         15E, 17E
              with burster,
              expelling
              charge or
              propelling
              charge.
 
                                                                                        * * * * * * * * *
             Arsenic           6.1........  UN1556.........  I.....  6.1.......  T14, TP2, TP9, TP13,  None......  201.......  243.......  1 L..........  30 L.........        B   40
              compounds,                                                          TP27.
              liquid, n.o.s
              inorganic,
              including
              arsenates,
              n.o.s.;
              arsenites,
              n.o.s.; arsenic
              sulfides,
              n.o.s.; and
              organic
              compounds of
              arsenic, n.o.s.
                                                             II....  6.1.......  IB2, T11, TP2, TP13,  None......  202.......  243.......  5 L..........  60 L.........        B   40
                                                                                  TP27.
                                                             III...  6.1.......  IB3, T7, TP2, TP28..  153.......  203.......  241.......  60 L.........  220 L........        B   40
 
                                                                                        * * * * * * * * *
D            Asbestos........  9..........  NA2212.........  III...  9.........  156, IB8, IP2, IP4..  155.......  216.......  240.......  200 kg.......  200 kg.......        A   34, 40
 
                                                                                        * * * * * * * * *
             Barium azide,     4.1........  UN1571.........  I.....  4.1, 6.1..  162, A2.............  None......  182.......  None......  Forbidden....  0.5 kg.......        D   28
              wetted with not
              less than 50
              percent water,
              by mass.
 
                                                                                        * * * * * * * * *
             Battery fluid,    8..........  UN2797.........  II....  8.........  B2, IB2, N6, T7,      154.......  202.......  242.......  1 L..........  30 L.........        A   26
              alkali.                                                             TP2, TP28.
 
                                                                                        * * * * * * * * *
I            Blue asbestos     9..........  UN2212.........  II....  9.........  156, IB8, IP2, IP4..  155.......  216.......  240.......  Forbidden....  Forbidden....        A   34, 40
              (Crocidolite or
              Brown asbestos
              (amosite,
              mysorite).
 
                                                                                        * * * * * * * * *
             5-tert-Butyl-     4.1........  UN2956.........  III...  4.1.......  159.................  None......  223.......  None......  Forbidden....  Forbidden....        D   12, 25, 48,
              2,4,6-trinitro-                                                                                                                                                       127
              m-xylene or
              Musk xylene.
 
                                                                                        * * * * * * * * *
             Chemical kits...  9..........  UN3316.........  ......  9.........  15..................  161.......  161.......  None......  10 kg........  10 kg........        A
 
                                                                                        * * * * * * * * *
             Chloroacetic      6.1........  UN3250.........  II....  6.1, 8....  IB1, T7, TP3, TP28..  None......  202.......  243.......  Forbidden....  Forbidden....         C  40
              acid, molten.
 

[[Page 45020]]

 
                                                                                        * * * * * * * * *
             4-Chloro-o-       6.1........  UN1579.........  III...  6.1.......  IB8, IP3, T4, TP1...  153.......  213.......  240.......  100 kg.......  200 kg.......        A
              toluidine
              hydrochloride.
 
                                                                                        * * * * * * * * *
             Coating solution  3..........  UN1139.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  5 L..........  60 L.........        B
              (includes                                                           TP8.
              surface
              treatments or
              coatings used
              for industrial
              or other
              purposes such
              as vehicle
              undercoating,
              drum or barrel
              lining).
 
                                                                                        * * * * * * * * *
             Dichlorodimethyl  6.1........  UN2249.........  I.....  6.1, 3....  ....................  None......  201.......  243.......  Forbidden....  Forbidden....        D   40
              ether,
              symmetrical.
 
                                                                                        * * * * * * * * *
             Dipicryl          4.1........  UN2852.........  I.....  4.1.......  162, A2, N41, N84...  None......  211.......  None......  Forbidden....  0.5 kg.......        D   28
              dulfide, wetted
              with not less
              than 10 percent
              water, by mass.
 
                                                                                        * * * * * * * * *
G            Environmentally   9..........  UN3082.........  III...  9.........  8, 146, IB3, T4,      155.......  203.......  241.......  No limit.....  No limit.....        A
              hazardous                                                           TP1, TP29.
              substances,
              liquid, n.o.s.
G            Environmentally   9..........  UN3077.........  III...  9.........  8, 146, B54, IB8,     155.......  213.......  240.......  No limit.....  No limit.....        A
              hazardous                                                           N20.
              substances,
              solid, n.o.s.
 
                                                                                        * * * * * * * * *
             Extracts,         3..........  UN1169.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  5 L..........  60 L.........        B
              aromatic,                                                           TP8.
              liquid.
             Extracts,         3..........  UN1197.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  5 L..........  60 L.........        B
              flavoring,                                                          TP8.
              liquid.
 
                                                                                          * * * * * * *
             First aid kits..  9..........  UN3316.........  ......  9.........  15..................  161.......  161.......  None......  10 kg........  10 kg........        A
W            Fish meal,        9..........  UN2216.........  III...  ..........  155, IB8............  155.......  218.......  218.......  No limit.....  No limit.....        B   88, 122, 128
              stabilized or
              Fish scrap,
              stabilized.
             Fish meal,        4.2........  UN1374.........  II....  4.2.......  155, A1, A19, IB8,    None......  212.......  241.......  15 kg........  50 kg........        B   88, 122, 128
              unstabilized or                                                     IP2.
              Fish scrap,
              unstabilized.
 
                                                                                          * * * * * * *
G            Flammable         3..........  UN1993.........  I.....  3.........  T11, TP1, TP27......  150.......  201.......  243.......  1 L..........  30 L.........        E
              liquids, n.o.s..
 
                                                                                          * * * * * * *
             Hydrobromic       8..........  UN1788.........  III...  8.........  IB3, T4, TP1........  154.......  203.......  241.......  5 L..........  60 L.........         C  8
              acid, with not
              more than 49
              percent
              hydrobromic
              acid.
 
                                                                                          * * * * * * *
             Hydrocarbons,     3..........  UN3295.........  I.....  3.........  T11, TP1, TP8, TP28.  150.......  201.......  243.......  1 L..........  30 L.........        E
              liquid, n.o.s..
 

[[Page 45021]]

 
                                                                                          * * * * * * *
             Hydrogen          5.1........  UN3149.........  II....  5.1, 8....  145, A2, A3, A6,      None......  202.......  243.......  1 L..........  5 L..........        D   25, 66, 75,
              peroxide and                                                        B53, IB2, IP5, T7,                                                                                106
              peroxyacetic                                                        TP2, TP6, TP24.
              acid mixtures,
              stabilized with
              acids, water
              and not more
              than 5 percent
              peroxyacetic
              acid.
 
                                                                                          * * * * * * *
             Iodine            5.1........  UN2495.........  I.....  5.1, 6.1,   ....................  None......  205.......  243.......  Forbidden....  Forbidden....        D   25, 40, 66,
              pentafluoride.                                          8.                                                                                                            90
 
                                                                                          * * * * * * *
             Isosorbide        4.1........  UN2907.........  II....  4.1.......  IB6, IP2, N85.......  None......  212.......  None......  15 kg........  50 kg........        E   .............
              dinitrate
              mixture with
              not less than
              60 percent
              lactose,
              mannose, starch
              or calcium
              hydrogen
              phosphate.
 
                                                                                          * * * * * * *
             Lithium           9..........  UN3091.........  II....  9.........  29, A54, A55........  185.......  185.......  None......  5 kg.........  35kg.........        A
              batteries,
              contained in
              equipment.
             Lithium           9..........  UN3091.........  II....  9.........  29, A54, A55........  185.......  185.......  None......  5 kg gross...  35 kg gross..        A   .............
              batteries
              packed with
              equipment.
             Lithium battery.  9..........  UN3090.........  II....  9.........  29, A54, A55........  185.......  185.......  None......  5 kg gross...  35 kg gross..        A   .............
 
                                                                                          * * * * * * *
             Medicine,         6.1........  UN1851.........  II....  6.1.......  36..................  153.......  202.......  243.......  5 L..........  5 L..........         C  40
              liquid, toxic,
              n.o.s..
                                                             III...  6.1.......  36..................  153.......  203.......  241.......  5 L..........  5 L..........         C  40
 
                                                                                          * * * * * * *
             Methacrylic       8..........  UN2531.........  II....  8.........  IB3, T4, TP1, TP18,   154.......  202.......  242.......  1 L..........  30 L.........         C  40
              Acid,                                                               TP 30.
              stabilized.
 
                                                                                          * * * * * * *
             Methyl bromide..  2.3........  UN1062.........          2.3.......  3, B14, T50, 153....  None......  193.......  314, 315..  Forbidden....  Forbidden....        D   40
 
                                                                                          * * * * * * *
             Morpholine......  8..........  UN2054.........  I.....  8, 3......  T10, TP2............  None......  201.......  243.......  .5 L.........  2.5 L........        A
 
                                                                                          * * * * * * *
I            Motor fuel anti-  6.1........  UN1649.........  I.....  6.1.......  14, 151, B9, B90,     None......  201.......  244.......  Forbidden....  30 L.........        D   25, 40
              knock mixtures.                                                     T14, TP2, TP13.
 
                                                                                          * * * * * * *
G            Organic peroxide  5.2........  UN3120.........  II....  5.2.......  IB52, T23...........  None......  225.......  225.......  Forbidden....  Forbidden....        D   2
              type F, solid,
              temperature
              controlled.
             Organochlorine    6.1........  UN2995.........  III...  6.1, 3....  B1, IB3, T7, TP2,     153.......  203.......  242.......  60 L.........  220 L........        A   40
              pesticides,                                                         TP28.
              liquid, toxic,
              flammable,
              flash point not
              less than 23
              degrees C.
 
                                                                                          * * * * * * *
             Organophosphorus  6.1........  UN3279.........  I.....  6.1, 3....  5, T14, TP2, TP13,    None......  201.......  243.......  1 L 30.......  L............        B   40
              compound,                                                           TP27.
              toxic,
              flammable,
              n.o.s.
 

[[Page 45022]]

 
                                                                                          * * * * * * *
             Paint including   3..........  UN1263.........  II....  3.........  149, B52, IB2, T4,    150.......  173.......  242.......  5 L..........  60 L.........        B
              paint, lacquer,                                                     TP1, TP8.
              enamel, stain,
              shellac
              solutions,
              varnish,
              polish, liquid
              filler, and
              liquid lacquer
              base.
 
                                                                                          * * * * * * *
             Paint related     3..........  UN1263.........  II....  3.........  149, B52, IB2, T4,    150.......  173.......  242.......  5 L..........  60 L.........        B
              material                                                            TP1, TP8.
              including paint
              thinning,
              drying,
              removing, or
              reducing
              compound.
 
                                                                                          * * * * * * *
             Pentaerythrite    4.1........  UN3344.........  II....  4.1.......  118, N85............  None......  214.......  None......  Forbidden....  Forbidden....        E
              tetranitrate
              mixture,
              desensitized,
              solid, n.o.s.
              with more than
              10 percent but
              not more than
              20 percent
              PETN, by mass.
 
                                                                                          * * * * * * *
             Perfumery         3..........  UN1266.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  15 L.........  60 L.........        B
              products with                                                       TP8.
              flammable
              solvents.
 
                                                                                          * * * * * * *
             Phosphorus,       4.2........  UN1381.........  I.....  4.2, 6.1..  B9, B26, N34, T9,     None......  188.......  243.......  Forbidden....  Forbidden....        E
              white dry or                                                        TP3, TP31.
              Phosphorus,
              white, under
              water or
              Phosphorus
              white, in
              solution or
              Phosphorus
              yellow dry or
              Phosphorus,
              yellow, under
              water or
              Phosphorus,
              yellow, in
              solution.
 
                                                                                          * * * * * * *
             Piperazine......  8..........  UN2579.........  III...  8.........  IB8, IP3, T4, TP1,    154.......  213.......  240.......  25 kg........  100..........        A   12
                                                                                  TP30.
 
                                                                                          * * * * * * *
             Polyester resin.  3..........  UN3269.........  ......  3.........  40, 149.............  152.......  225.......  None......  5 kg.........  5 kg.........        B
 
                                                                                          * * * * * * *
             Potassium.......  4.3........  UN2257.........  I.....  4.3.......  A19, A20, B27, IB1,   None......  211.......  244.......  Forbidden....  15 kg........        D
                                                                                  IP1, N6, N34, T9,
                                                                                  TP3, TP7, TP31.
 
                                                                                          * * * * * * *
             Potassium sodium  4.3........  UN1422.........  I.....  4.3.......  A19, B27, IB4, IP1,   None......  211.......  244.......  Forbidden....  15 kg........        D
              alloys.                                                             N34, N40, T9, TP3,
                                                                                  TP7, TP31.
 

[[Page 45023]]

 
 
                                                                                          * * * * * * *
             Printing ink,     3..........  UN1210.........  II....  3.........  149, IB2, T4, TP1,    150.......  173.......  242.......  5 L..........  60 L.........        B
              flammable or                                                        TP8.
              Printing ink
              related
              material
              (including
              printing ink
              thinning or
              reducing
              compound),
              flammable.
 
                                                                                          * * * * * * *
D            Radioactive       7..........  UN2918.........  ......  7.........  A56.................  453.......  417.......  417.......  .............  .............        A   95, 105
              material,
              fissile, n.o.s.
I            Radioactive       7..........  UN2912.........  ......  7.........  A56, T5, TP4, W7....  421, 422,   427.......  427.......  .............  .............        A   95, 129
              material, low                                                                             428.
              specific
              activity (LSA-
              I) non fissile
              or fissile-
              excepted.
 
                                                                                          * * * * * * *
I            Radioactive       7..........  UN3321.........  ......  7.........  A56, T5, TP4, W7....  421, 422,   427.......  427.......  .............  .............        A   95, 129
              material, low                                                                             428.
              specific
              activity (LSA-
              II) non fissile
              or fissile-
              excepted.
I            Radioactive       7..........  UN3322.........  ......  7.........  A56, T5, TP4, W7....  421, 422,   427.......  427.......  .............  .............        A   95, 129
              material, low                                                                             428.
              specific
              activity (LSA-
              III) non
              fissile or
              fissile
              excepted.
D            Radioactive       7..........  UN2912.........  ......  7.........  A56, T5, TP4........  421, 428..  427.......  427.......  .............  .............        A   95, 129
              material, low
              specific
              activity,
              n.o.s. or
              Radioactive
              material, LSA,
              n.o.s.
D            Radioactive       7..........  UN2982.........  ......  7.........  A56.................  421, 428..  415, 416..  415, 416..  .............  .............        A   95
              material, n.o.s.
D            Radioactive       7..........  UN2974.........  ......  7.........  A56.................  421, 424..  415, 416..  415, 416..  .............  .............        A   95
              material,
              special form,
              n.o.s.
D            Radioactive       7..........  UN2913.........  ......  7.........  A56.................  421, 424,   427.......  427.......  .............  .............        A   95
              material,                                                                                 426.
              surface
              contaminated
              object or
              Radioactive
              material, SCO.
I            Radioactive       7..........  UN2913.........  ......  7.........  A56.................  421, 422,   427.......  427.......  .............  .............        A   95
              material,                                                                                 428.
              surface
              contaminated
              objects (SCO-I
              or SCO-II) non
              fissile or
              fissile-
              excepted.
I            Radioactive       7..........  UN2919.........  ......  7.........  A56, 139............  ..........  ..........  ..........  .............  .............        A   95, 105
              material,
              transported
              under special
              arrangement,
              non fissile or
              fissile
              excepted.
I            Radioactive       7..........  UN3331.........  ......  7.........  A56, 139............  ..........  ..........  ..........  .............  .............        A   95, 105
              material,
              transported
              under special
              arrangement,
              fissile.
I            Radioactive       7..........  UN3327.........  ......  7.........  A56, W7, W8.........  453.......  417.......  417.......  .............  .............        A   95, 105, 131
              material, Type
              A package,
              fissile non-
              special form.
I            Radioactive       7..........  UN2915.........  ......  7.........  A56, W7, W8.........  ..........  415.......  415.......  .............  .............        A   95, 130
              material, Type
              A package non-
              special form,
              non fissile or
              fissile-
              excepted.
I            Radioactive       7..........  UN3332.........  ......  7.........  A56, W7, W8.........  ..........  415, 476..  415, 476..  .............  .............        A   95
              material, Type
              A package,
              special form
              non fissile or
              fissile-
              excepted.
I            Radioactive       7..........  UN3333.........  ......  7.........  A56, W7, W8.........  453.......  417, 476..  417, 476..  .............  .............        A   95, 105
              material, Type
              A package,
              special form,
              fissile.
I            Radioactive       7..........  UN3329.........  ......  7.........  A56.................  453.......  417.......  417.......  .............  .............        A   95, 105
              material, Type
              B(M) package,
              fissile.
I            Radioactive       7..........  UN2917.........  ......  7.........  A56.................  ..........  416.......  416.......  .............  .............        A   95, 105
              material, Type
              B(M) package
              non fissile or
              fissile-
              excepted.
I            Radioactive       7..........  UN3328.........  ......  7.........  A56.................  453.......  417.......  417.......  .............  .............        A   95, 105
              material, Type
              B(U) package,
              fissile..
I            Radioactive       7..........  UN2916.........  ......  A56.......  416.................  416.......  ..........  ..........  .............  .............        A   95, 105
              material, Type
              B(U) package
              non fissile or
              fissile-
              excepted.

[[Page 45024]]

 
I            Radioactive       7..........  UN2978.........  ......  7, 8......  ....................  423.......  420, 427..  420, 427..  .............  .............        A   95, 132
              material,
              uranium
              hexafluoride
              non fissile or
              fissile-
              excepted.
             Radioactive       7..........  UN2977.........  ......  7, 8......  ....................  453.......  417, 420..  417, 420..  .............  .............        A   95, 132
              material,
              uranium
              hexafluoride,
              fissile.
 
                                                                                        * * * * * * * * *
             Resin solution,   3..........  UN1866.........  II....  3.........  149, B52, IB2, T4,    150.......  173.......  242.......  5 L..........  60 L.........        B
              flammable.                                                          TP1, TP8.
 
                                                                                        * * * * * * * * *
             Rubber solution.  3..........  UN1287.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  5 L..........  60 L.........        B
                                                                                  TP8.
 
                                                                                        * * * * * * * * *
G            Self-reactive     4.1........  UN3229.........  II....  4.1.......  T23.................  None......  114.......  None......  10 L.........  25L..........        D   61
              liquid type F.
 
                                                                                        * * * * * * * * *
             Silver picrate,   4.1........  UN1347.........  I.....  4.1.......  23..................  None......  211.......  None......  Forbidden....  Forbidden....        D   28, 36
              wetted with not
              less than 30
              percent water,
              by mass.
 
                                                                                        * * * * * * * * *
             Sludge, acid....  8..........  UN1906.........  II....  8.........  A3, A7, B2, IB2,      None......  202.......  242.......  Forbidden....  30 L.........         C  14
                                                                                  N34, T8, TP2, TP12,
                                                                                  TP28.
 
                                                                                        * * * * * * * * *
             Sodium..........  4.3........  UN1428.........  I.....  4.3.......  A7, A8, A19, A20,     None......  211.......  244.......  Forbidden....  15 kg........        D
                                                                                  B9, B48, B68, IB4,
                                                                                  IP1, N34, T9, TP3,
                                                                                  TP7, TP31, TP46.
 
                                                                                        * * * * * * * * *
D            Sulfur, molten..  9..........  NA2448.........  III...  9.........  30, IB3, T1, TP3....  None......  213.......  247.......  Forbidden....  Forbidden....         C  61
I            Sulfur, molten..  4.1........  UN2448.........  III...  4.1.......  30, IB1, T1, TP3....  None......  213.......  247.......  Forbidden....  Forbidden....         C  74
 
                                                                                          * * * * * * *
             Tars, liquid      3..........  UN1999.........  II....  3.........  149, B13, IB2, T3,    150.......  202.......  242.......  5 L..........  60 L.........        B
              including road                                                      TP3, TP29.
              asphalt and
              oils, bitumen
              and cut backs.
 
                                                                                          * * * * * * *
D            Thorium metal,    7..........  UN2975.........  ......  7, 4.2....  A56.................  None......  418.......  None......  .............  .............  ........  95
              pyrophoric.
D            Thorium nitrate,  7..........  UN2976.........  ......  7, 5.1....  ....................  None......  419.......  None......  Forbidden....  15 kg........        A   95
              solid.
 

[[Page 45025]]

 
                                                                                          * * * * * * *
D             Uranium          7..........  UN2978.........  ......  7, 8......  ....................  423.......  420,, 427.  420, 427..  .............  .............        A   95, 132
              hexafluoride,
              fissile
              excepted or non-
              fissile.
D            Uranium           7..........  UN2977.........  ......  7, 8......  ....................  453.......  417, 420..  417, 420..  .............  .............        A   95, 132
              hexafluoride,
              fissile (with
              more than 1
              percent U-235).
D            Uranium metal,    7..........  UN2979.........  ......  7, 4.2....  A56.................  None......  418.......  None......  .............  .............        D   95
              pyrophoric.
 
                                                                                          * * * * * * *
D            Uranyl nitrate,   7..........  UN2981.........  ......  7, 5.1....  ....................  None......  419.......  None......  Forbidden....  15 kg........        A   95
              solid.
 
                                                                                          * * * * * * *
             Urea nitrate,     4.1........  UN1357.........  I.....  4.1.......  23, 39, A8, A19, N41  None......  211.......  None......  1 kg.........  15 kg........        E   28, 36
              weted with not
              less than 20
              percent water,
              by mass.
 
                                                                                          * * * * * * *
             Vehicle,          9..........  UN3166.........  ......  9.........  135, 157............  220.......  220.......  220.......  Forbidden....  No limit.....        A
              flammable gas
              powered.
             Vehicle,          9..........  UN3166.........  ......  9.........  135, 157............  220.......  220.......  220.......  No limit.....  No limit.....        A
              flammable
              liquid powered..
 
                                                                                          * * * * * * *
I            White asbestos    9..........  UN2590.........  III...  9.........  156, IB8, IP2, IP3..  155.......  216.......  240.......  200 kg.......  200 kg.......        A   34, 40
              (chrysotile,
              actinolite,
              anthophyllite,
              tremolite).
             Wood              3..........  UN1306.........  II....  3.........  149, IB2, T4, TP1,    150.......  202.......  242.......  5 L..........  60 L.........        B
              preservatives,                                                      TP8.
              liquid.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 45026]]


0
11. In Appendix B to Sec.  172.101, paragraphs 4. and 5. are revised 
and the List of Marine Pollutants is amended by removing 5 entries, and 
adding 2 entries in appropriate alphabetical order to read as follows:

Appendix B to Sec.  172.101--List of Marine Pollutants.

* * * * *
    4. If a material is not listed in this appendix and meets the 
criteria for a marine pollutant as provided in Chapter 2.10 of the 
IMDG Code, ``Guidelines for the Identification of Harmful Substances 
in Packaged Form'' (incorporated by reference; see Sec.  171.7 of 
this subchapter), the material may be transported as a marine 
pollutant in accordance with the applicable requirements of this 
subchapter.
    5. If a material listed in this appendix does not meet the 
criteria for a marine pollutant as provided in Chapter 2.10 of the 
IMDG Code, ``Guidelines for the Identification of Harmful Substances 
in Packaged Form'' (incorporated by reference; see Sec.  171.7 of 
this subchapter), it may be excepted from the requirements of this 
subchapter as a marine pollutant if that exception is approved by 
the Associate Administrator.
* * * * *

                                            List of Marine Pollutants
----------------------------------------------------------------------------------------------------------------
                                 S, M, P  (1)                                                 (2)
----------------------------------------------------------------------------------------------------------------
[Remove:]
                                                                               Alkylbenzenesulphonates, branched
                                                                                and straight chain
                                                                               Alkylphenols, liquid, n.o.s.
                                                                                (including C2-C12 homologues)
                                                                               Alkylphenols, solid, n.o.s.
                                                                                (including C2-C12 homologues)
 
                                                  * * * * * * *
                                                                               Chlorophenols, liquid
                                                                               Chlorophenols, solid
[Add:]
 
                                                  * * * * * * *
 
                                                                               Alkybenzenesulphonates, branched
                                                                                and straight chain (excluding
                                                                                C11-C13 straight chain or
                                                                                branched chain homologues)
 
                                                  * * * * * * *
                                                                               Decyl acrylate
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
11a. In Sec.  172.102:
0
a. In paragraph (c)(1), Special Provisions 15, 30, 52, 130, 132 and 134 
are revised; Special Provisions 7, 10 and 133 are removed; and Special 
Provisions 145, 146, 147, 149, 150, 151, 153, 155, 156, 157, 159, 160, 
161 and 162 are added.
0
b. In paragraph (c)(2), Special Provisions A54, A55 and A56 are added.
0
c. In paragraph (c)(4), the text is revised; in Table 1, Special 
Provision IB3 is revised; in Table 2, the Table heading is revised, 1 
entry is removed, 4 entries are added, and 1 entry is revised; and in 
Table 3, Special Provision IP8 is added.
0
d. In paragraph (c)(5), Special Provisions N83, N84 and N85 are added.
0
e. In paragraph (c)(7)(iii), Portable Tank Code T23 is amended by 
removing 2 entries, adding 4 entries, and revising 2 entries.
0
e. In paragraph (c)(7)(viii), Special Provision TP3 is revised.
    The additions and revisions read as follows:


Sec.  172.102  Special provisions.

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

Code/Special Provisions

* * * * *
    15 This entry applies to ``Chemical kits'' and ``First aid kits'' 
containing one or more compatible items of hazardous materials in 
boxes, cases, etc. that are used for medical, analytical, diagnostic or 
testing purposes. For transportation by aircraft, materials forbidden 
for transportation by passenger aircraft or cargo aircraft may not be 
included in the kits. The quantity of hazardous materials in any inner 
packaging must not exceed the limited quantity inner packaging limits 
specified for each hazardous material in the applicable limited 
quantity sections (Sec.  173.150 through Sec.  173.155, and Sec.  
173.306) in part 173 of this subchapter. Each package must conform to 
the packaging requirements of subpart B of part 173 and must not exceed 
30 kg (66 lbs.) gross weight. Chemical kits and first aid kits are 
excepted from the specification packaging requirements of this 
subchapter when packaged in combination packagings. Chemical kits and 
first aid kits are also excepted from the labeling and placarding 
requirements of this subchapter, except when offered for transportation 
or transported by air. Chemical and first aid kits may be transported 
in accordance with the consumer commodity and ORM exceptions in Sec.  
173.156, provided they meet all required conditions. Kits that are 
carried on board transport vehicles for first aid or operating purposes 
are not subject to the requirements of this subchapter.
* * * * *
    30 Sulfur is not subject to the requirements of this subchapter if 
transported in a non-bulk packaging or if formed to a specific shape 
(for example, prills, granules, pellets, pastilles, or flakes). A bulk 
packaging containing sulfur is not subject to the placarding 
requirements of subpart F of this part, if it is marked with the 
appropriate identification number as required by subpart D of this 
part. Molten sulfur must be marked as required by Sec.  172.325 of this 
subchapter.
* * * * *
    52 This entry may only be used for substances that do not exhibit 
explosive properties of Class 1 (explosive) when tested in accordance 
with Test Series 1 and 2 of Class 1 (explosive) in the UN Manual of 
Tests and Criteria, Part I (incorporated by reference; see Sec.  171.7 
of this subchapter).
* * * * *
    130 For other than a dry battery specifically covered by another 
entry in the Sec.  172.101 Table, ``Batteries, dry'' are not subject to 
the requirements of this

[[Page 45027]]

subchapter when they are securely packaged and offered for 
transportation in a manner that prevents the dangerous evolution of 
heat (for example, by the effective insulation of exposed terminals) 
and protects against short circuits.
* * * * *
    132 This entry may only be used for uniform, ammonium nitrate-based 
fertilizer mixtures, containing nitrogen, phosphate or potash, meeting 
the following criteria: (1) Contains not more than 70% ammonium 
nitrate; and (2) Contains not more than 0.4% total combustible, organic 
material calculated as carbon or with not more than 45% ammonium 
nitrate and unrestricted combustible material. Fertilizers within these 
composition limits are only subject to the requirements of this 
subchapter when transported by aircraft or vessel, and are not subject 
to the requirements of this subchapter if shown by a trough test, as 
specified in the UN Manual of Tests and Criteria, Part III, sub-section 
38.2 (incorporated by reference; see Sec.  171.7 of this subchapter), 
not to be liable to self-sustaining decomposition.
* * * * *
    134 This entry only applies to vehicles, machinery and equipment 
which are powered by wet batteries, sodium batteries, or lithium 
batteries and which are transported with these batteries installed. 
Examples of such items are electrically-powered cars, lawn mowers, 
wheelchairs and other mobility aids. A self-propelled vehicle which 
also contain an internal combustion engine must be consigned under the 
entry ``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid 
powered'', as appropriate.
* * * * *
    145 This entry applies to formulations that neither detonate in the 
cavitated state nor deflagrate in laboratory testing, show no effect 
when heated under confinement, exhibit no explosive power, and are 
thermally stable (self-accelerating decomposition temperature (SADT) at 
60 [deg]C (140 [deg]F) or higher for a 50 kg (110.2 lbs.) package). 
Formulations not meeting these criteria must be transported under the 
provisions applicable to the appropriate entry in the Organic Peroxide 
Table in Sec.  173.225 of this subchapter.
    146 This description may be used for a material that poses a hazard 
to the environment but does not meet the definition for a hazardous 
waste or a hazardous substance, as defined in Sec.  171.8 of this 
subchapter, or any hazard class as defined in Part 173 of this 
subchapter, if it is designated as environmentally hazardous by the 
Competent Authority of the country of origin, transit or destination.
    147 This entry applies to non-sensitized emulsions, suspensions and 
gels consisting primarily of a mixture of ammonium nitrate and a fuel 
intended to produce a Type E blasting explosive only after further 
processing. The mixture typically has the following composition: 60--
85% ammonium nitrate; 5--30% water; 2--8% fuel; 0.5--4% emulsifier or 
thickening agent; 0--10% soluble flame suppressants; and trace 
additives. Other inorganic nitrate salts may replace part of the 
ammonium nitrate. These substances may not be classified and 
transported unless approved by the Associate Administrator.
    149 When transported as a limited quantity or a consumer commodity, 
the maximum net capacity specified in Sec.  173.150(b)(2) of this 
subchapter for inner packagings may be increased to 5 L (1.3 gallons).
    150 This description may be used only for uniform mixtures of 
fertilizers containing ammonium nitrate as the main ingredient within 
the following composition limits:
    a. Not less than 90% ammonium nitrate with not more than 0.2% total 
combustible, organic material calculated as carbon, and with added 
matter, if any, that is inorganic and inert when in contact with 
ammonium nitrate; or
    b. Less than 90% but more than 70% ammonium nitrate with other 
inorganic materials, or more than 80% but less than 90% ammonium 
nitrate mixed with calcium carbonate and/or dolomite, and not more than 
0.4% total combustible, organic material calculated as carbon; or
    c. Ammonium nitrate-based fertilizers containing mixtures of 
ammonium nitrate and ammonium sulphate with more than 45% but less than 
70% ammonium nitrate, and not more than 0.4% total combustible, organic 
material calculated as carbon such that the sum of the percentage of 
compositions of ammonium nitrate and ammonium sulphate exceeds 70%.
    151 If this material meets the definition of a flammable liquid in 
Sec.  173.120 of this subchapter, a FLAMMABLE LIQUID label is also 
required and the basic description on the shipping paper must indicate 
the Class 3 subsidiary hazard.
    153 The following applies to aerosols:
    a. Division 2.1 applies when the aerosol is flammable according to 
Sec.  173.306(i) of this subchapter.
    b. Division 2.2 applies when the contents of the aerosol do not 
meet the criteria for Division 2.1, or Division 2.3.
    c. Division 2.3 gases may not be used in an aerosol dispenser.
    d. When the contents are classified as Division 6.1 or Class 8, the 
aerosol must have a subsidiary risk of Division 6.1 or Class 8.
    e. Aerosols with contents meeting the criteria for PG I and PG II 
for Division 6.1 or Class 8 are forbidden for transportation.
    f. Aerosols must meet the definition of aerosols in Sec.  171.8 of 
this subchapter.
    155 Fish meal or fish scrap may not be transported if the 
temperature at the time of loading either exceeds 35 [deg]C (95 
[deg]F), or exceeds 5 [deg]C (41 [deg]F) above the ambient temperature, 
whichever is higher.
    156 Asbestos that is immersed or fixed in a natural or artificial 
binder material, such as cement, plastic, asphalt, resins or mineral 
ore, or contained in manufactured products is not subject to the 
requirements of this subchapter.
    157 This entry includes hybrid electric vehicles powered by both an 
internal combustion engine and wet, sodium or lithium batteries, 
transported with one or more batteries installed. Vehicles containing 
an internal combustion engine must be described as ``Vehicle, flammable 
gas powered,'' UN3166, or ``Vehicle, flammable liquid powered,'' 
UN3166, as appropriate.
    159 This material must be protected from direct sunshine and kept 
in a cool, well-ventilated place away from sources of heat.
    160 This entry applies to articles that are used as life-saving 
vehicle air bag inflators, air bag modules or seat-belt pretensioners 
containing Class 1 (explosive) materials or materials of other hazard 
classes. Air bag inflators and modules must be tested in accordance 
with Test series 6(c) of Part I of the UN Manual of Tests and Criteria 
(incorporated by reference; see Sec.  171.7 of this subchapter), with 
no explosion of the device, no fragmentation of device casing or 
pressure vessel, and no projection hazard or thermal effect that would 
significantly hinder fire-fighting or other emergency response efforts 
in the immediate vicinity. If the air bag inflator unit satisfactorily 
passes the series 6(c) test, it is not necessary to repeat the test on 
the air bag module.
    161 For domestic transport, air bag inflators, air bag modules or 
seat belt pretensioners that meet the criteria for a Division 1.4G 
explosive must be transported using the description, ``Articles, 
pyrotechnic for technical purposes,'' UN0431.

[[Page 45028]]

    162 This material may be transported under the provisions of 
Division 4.1 only if it is packed so that at no time during transport 
will the percentage of diluent fall below the percentage that is stated 
in the shipping description.
    (2) * * *

Code/Special Provisions

* * * * *
    A54 Lithium batteries or lithium batteries contained or packed with 
equipment that exceed the maximum gross weight allowed by Column (9B) 
of the Sec.  172.101 Table may only be transported on cargo aircraft if 
approved by the Associate Administrator.
    A55 Prototype lithium batteries and cells that are packed with not 
more than 24 cells or 12 batteries per packaging that have not 
completed the test requirements in Sub-section 38.3 of the UN Manual of 
Tests and Criteria (incorporated by reference; see Sec.  171.7 of this 
subchapter) may be transported by cargo aircraft if approved by the 
Associate Administrator and provided the following requirements are 
met:
    a. The cells and batteries must be transported in rigid outer 
packagings that conform to the requirements of Part 178 of this 
subchapter at the Packing Group I performance level; and
    b. Each cell and battery must be protected against short 
circuiting, must be surrounded by cushioning material that is non-
combustible and non-conductive, and must be individually packed in an 
inner packaging that is placed inside an outer specification packaging.
    A56 Radioactive material with a subsidiary hazard of Division 4.2, 
Packing Group I, must be transported in Type B packages when offered 
for transportation by aircraft. Radioactive material with a subsidiary 
hazard of Division 2.1 is forbidden from transport on passenger 
aircraft.
* * * * *
    (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 code is assigned in the 
Sec.  172.101 Table for a specific proper shipping name, an IBC may be 
authorized when approved by the Associate Administrator. When only 
certain types of IBCs are authorized in Table 2 (IBC Code IB52), 
alternative types of IBCs may be authorized when approved by the 
Associate Administrator. The letter ``Z'' shown in the marking code for 
composite IBCs must be replaced with a capital code letter designation 
found in Sec.  178.702(a)(2) of this subchapter to specify the material 
used for the outer packaging. Tables 1, 2, and 3 follow:

                     Table 1.--IB Codes (IBC Codes)
------------------------------------------------------------------------
                      IBC code                         Authorized IBCs
------------------------------------------------------------------------
 
                              * * * * * * *
IB3................................................  Authorized IBCs:
                                                      Metal (31A, 31B
                                                      and 31N); Rigid
                                                      plastics (31H1 and
                                                      31H2); Composite
                                                      (31HZ1 and 31HA2,
                                                      31HB2, 31HN2,
                                                      31HD2 and 31HH2).
                                                     Additional
                                                      Requirement: Only
                                                      liquids with a
                                                      vapor pressure
                                                      less than or equal
                                                      to 110 kPa at 50
                                                      [deg]C (1.1 bar at
                                                      122 [deg]F), or
                                                      130 kPa at 55
                                                      [deg]C (1.3 bar at
                                                      131 [deg]F) are
                                                      authorized, except
                                                      for UN2672 (also
                                                      see Special
                                                      Provision IP8 in
                                                      Table 3 for
                                                      UN2672).
                              * * * * * * *
------------------------------------------------------------------------


                                                       Table 2.--Organic Peroxide IBC Code (IB52)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Maximum quantity        Control      Emergency
                  UN No.                         Organic peroxide                Type of IBC                 (liters)          temperature   temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
                                           REMOVE:
3109
                                           Di-tert-butyl peroxide, not    31A                                           1250
                                            more than 52% in diluent      31HA1                                         1000
                                            type A.
                                           ADD:
 
                                                                      * * * * * * *
3109.....................................  Dicumyl peroxide, less than    31A                                           1250
                                            or equal to 100%.             31HA1                                         1000
 
                                                                      * * * * * * *
3109.....................................  Di-tert-butyl peroxide, not    31A                                           1250
                                            more than 52% on diluent      31HA1                                         1000
                                            type B.
 
                                                                      * * * * * * *
                                           Peroxyacetic acid, with not    31A                                           1500
                                            more than 26% hydrogen        31HA1                                         1500
                                            peroxide.
 
                                                                      * * * * * * *
                                           Peroxyacetic acid, type F,     31A                                           1500
                                            stabilized.                   31HA1                                         1500
 
                                                                      * * * * * * *
3110.....................................  REVISE:
 
                                                                      * * * * * * *
                                           Dicumyl peroxide, less than    31A                                           2000
                                            or equal to 100%.

[[Page 45029]]

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


                           Table 3.--IP Codes
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
                              * * * * * * *
IP8 Ammonia solutions may be transported in rigid or composite plastic
 IBCs (31H1, 31H2 and 31HZ1) that have successfully passed, without
 leakage or permanent deformation, the hydrostatic test specified in
 Sec.   178.814 of this subchapter at a test pressure that is not less
 than 1.5 times the vapor pressure of the contents at 55 [deg]C (131
 [deg]F).
------------------------------------------------------------------------

    (5) * * *

Code/Special Provisions

* * * * *
    N83 This material may not be transported in quantities of more than 
11.5 kg (25.4 lbs) per package.
    N84 The maximum quantity per package is 500 g (1.1 lbs.).
    N85 Packagings certified at the Packing Group I performance level 
may not be used.
* * * * *
    (7) * * *
    (iii) * * *

                                                                                     Portable Tank Code T23
                                       [Portable tank code T23 applies to self-reactive substances of Division 4.1 and organic peroxides of Division 5.2.]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Minimum      Minimum shell
                                                        test       thickness (mm-        Bottom opening        Pressure-relief                                                    Emergency
            UN No.               Hazardous material   pressure    reference steel)     requirements  See .   requirements  See .    Filling limits     Control temperature       temperature
                                                        (bar)         See . . .                . .                   . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
                                REMOVE:
3119..........................  tert-Butyl                   4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   +30 [deg]C..........  +35 [deg]C
                                 peroxyacetate, not                                                                                at 59 [deg]F (15
                                 more than 32% in                                                                                  [deg]C).
                                 diluent Type B.
3120..........................  Organic peroxide             4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   As approved by        As approved by
                                 Type F, solid,                                                                                    at 59 [deg]F (15    Assoc. Admin.         Assoc. Admin
                                 temperature                                                                                       [deg]C).
                                 controlled.
 
                                                                                          * * * * * * *
                                ADD:
 
                                                                                          * * * * * * *
3109..........................  Dicumyl peroxide,            4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%
                                 less than or equal                                                                                at 59 [deg]F (15
                                 to 100% in diluent                                                                                [deg]C).
                                 Type B.
 
                                                                                          * * * * * * *
3119..........................  tert-Butyl                   4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   +30 [deg]C..........  +35 [deg]C
                                 peroxyacetate, not                                                                                at 59 [deg]F (15
                                 more than 32% in                                                                                  [deg]C).
                                 diluent Type B.
 
                                                                                          * * * * * * *
                                Peroxyacetic acid,           4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   +30 [deg]C..........  +35 [deg]C
                                 distilled,                                                                                        at 59 [deg]F (15
                                 stabilized, not                                                                                   [deg]C).
                                 more than 41%.
3120..........................  Organic peroxide             4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   As approved by        As approved by
                                 Type F, solid,                                                                                    at 59 [deg]F (15    Assoc. Admin.         Assoc. Admin
                                 temperature                                                                                       [deg]C).
                                 controlled.
 
                                                                                          * * * * * * *
                                REVISE:
 

[[Page 45030]]

 
                                                                                          * * * * * * *
3110                            Dicumyl peroxide             4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%
                                 less than r equal                                                                                 at 59 [deg]F (15
                                 to 100% with inert                                                                                [deg]C).
                                 solids.
                                Maximum quantity per
                                 portable tank 2,000
                                 kg.
 
                                                                                          * * * * * * *
3119..........................  tert-Butyl                   4  Sec.   178.274(d)(2)  Sec.   178.275(d)(3)  Sec.   178.275(g)(1)  Not more than 90%   +5 [deg]C...........  +10 [deg]C
                                 peroxypivalate, not                                                                               at 59 [deg]F (15
                                 more than 27% in                                                                                  [deg]C).
                                 diluent Type B.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (viii)* * *

Code/Special Provisions

* * * * *
    TP3 For materials transported under elevated temperatures, the 
maximum degree of filling is determined by the following:
[GRAPHIC] [TIFF OMITTED] TR31JY03.000

Where:

dt is the density of the material at the maximum mean bulk 
temperature during transport; and
df is the density of the material at the temperature in 
degrees celsius of the material during filling; and
* * * * *

0
12. In Sec.  172.202, paragraphs (a)(2), (a)(5) and (b) are revised and 
(a)(6) is added to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

    (a) * * *
    (2) The hazard class or division number prescribed for the 
material, as shown in Column (3) of the Sec.  172.101 Table. Except for 
combustible liquids, the subsidiary hazard class(es) or subsidiary 
division number(s) must be entered in parentheses immediately following 
the primary hazard class or division number. The words ``Class'' or 
``Division'' may be included preceding the primary and subsidiary 
hazard class or division numbers. The hazard class need not be included 
for the entry ``Combustible liquid, n.o.s.'';
* * * * *
    (5) The total quantity of hazardous materials covered by the 
description must be indicated (by mass or volume, or by activity for 
Class 7 materials) and must include an indication of the applicable 
unit of measurement. For example, ``200 kgs.'' or ``50 L.'' The 
following provisions also apply:
    (i) For Class 1 materials, the quantity must be the net explosive 
mass.
    (ii) For hazardous materials in salvage packaging, an estimate of 
the total quantity is acceptable.
    (iii) The following are excepted from the requirements of paragraph 
(a)(5) of this section:
    (A) Bulk packages, provided some indication of the total quantity 
is shown, for example, ``1 cargo tank'' or ``2 IBCs.''
    (B) Cylinders, provided some indication of the total quantity is 
shown, for example, ``10 cylinders''.
    (C) Packages containing only residue.
    (6) The number and type of packages must be indicated. The type of 
packages may be indicated by description and by packaging specification 
number when applicable (for example, ``12 drums'', ``12 UN 1A1'', ``15 
4G'', or ``2 UN 3H1 jerricans.'' Abbreviations may be used for 
indicating packaging types (for example, cyl. for cylinder), provided 
the abbreviations are commonly accepted and recognizable.
    (b) Except as provided in this subpart, the basic description 
specified in paragraphs (a)(1), (2), (3) and (4) of this section must 
be shown in sequence with no additional information interspersed. For 
example, ``Cyclobutyl chloroformate, 6.1, (8,3), UN2744, PG II''. 
Alternatively, the basic description may be shown with the 
identification (ID) number listed first. For example, ``UN2744, 
Cyclobutyl chloroformate, 6.1, (8, 3), PG II.''
* * * * *


Sec.  172.203  [Amended]

0
13. In Sec.  172.203, paragraphs (i)(1), (i)(2), (i)(3) and (i)(6) are 
removed and paragraphs (i)(4) and (i)(5) are redesignated (i)(1) and 
(i)(2), respectively.

0
14. In Sec.  172.301, paragraph (a)(1) is revised to read as follows:


Sec.  172.301  General marking requirements for non-bulk packagings.

    (a) * * *
    (1) Except as otherwise provided by this subchapter, each person 
who offers a hazardous material for transportation in a non-bulk 
packaging must mark the package with the proper shipping name and 
identification number (preceded by ``UN'' or ``NA,'' as appropriate) 
for the material as shown in the Sec.  172.101 Table. Identification 
numbers are not required on packagings that contain only ORM-D 
materials or limited quantities, as defined in Sec.  171.8 of this 
subchapter, except for limited quantities marked in accordance with the 
marking requirements in Sec.  172.315.
* * * * *
    15. In Sec.  172.312, a new paragraph (c)(6) is added to read as 
follows:


Sec.  172.312  Liquid hazardous materials in non-bulk packagings.

* * * * *
    (c) * * *
    (6) Packages containing liquid infectious substances in primary 
receptacles not exceeding 50 ml (1.7 oz.).

0
16. A new section Sec.  172.315 is added to read as follows:

[[Page 45031]]

Sec.  172.315  Packages containing limited quantities.

    Except as otherwise provided in this subchapter, a package 
containing a limited quantity of hazardous materials is not required to 
be marked with the proper shipping name provided it is marked with the 
identification (ID) number, preceded by the letters ``UN'' or ``NA,'' 
as applicable, for the entry as shown in the Sec.  172.101 Table, and 
placed within a square-on-point border in accordance with the 
following:
    (a) The ID number marking must be durable, legible and of such a 
size relative to the package as to be readily visible. The width of 
line forming the square-on-point must be at least 2 mm and the height 
of the ID number must be at least 6 mm. The marking must be applied on 
at least one side or one end of the outer packaging.
    (b) When two or more hazardous materials with different ID numbers 
are contained in the package, the packaging must be marked with either 
individual square-on-points bearing a single ID number, or a single 
square-on-point large enough to include each applicable ID number.
0
17. A new section Sec.  172.321 is added to read as follows:


Sec.  172.321  Air eligibility mark.

    (a) General. Except as otherwise specified in this subchapter, each 
person who offers for transportation by aircraft a hazardous material 
in a non-bulk package must mark the package as required by this section 
to indicate that it meets the applicable requirements for air 
transport. The marking is a certification that the person offering the 
package for transportation has determined that it meets the air 
transport requirements of this subchapter; such as, the package is 
authorized and properly marked and labeled, its contents are properly 
classed and within quantity limits for air transport, and it conforms 
to all relevant packaging provisions such as those pertaining to 
closures, compatibility, pressure differential, and use of absorbent 
materials.
    (b) Location and design. The marking must--
    (1) Be placed adjacent to the markings prescribed in Sec.  
172.301(a);
    (2) Be durable, legible and of a size relative to the package so as 
to be readily visible;
    (3) Include an aircraft within a circle and may include the words 
``Air Eligible'' in conjunction with the mark, such as:
[GRAPHIC] [TIFF OMITTED] TR31JY03.001

    (c) Exceptions from the air eligibility mark. The air eligibility 
mark is not required for--
    (1) Packages that are transported in accordance with the small 
quantity exceptions in Sec.  173.4 of this subchapter;
    (2) Packages that contain solid carbon dioxide (dry ice) and no 
other materials subject to the requirements of this subchapter;
    (3) Except when overpacked, hazardous materials contained in 
articles that are not required to be packaged according to the 
requirements of this subchapter.
    (4) Cylinders, except for those which are required to be overpacked 
or placed in an outer packaging, in which case the overpack or outer 
packaging must be marked with the air eligibility marking; and
    (5) Packages or articles which are excepted from the marking 
requirements of this subchapter (for example, non-spillable batteries, 
vehicles); and
    (d) Prohibited display. The air eligibility marking may not appear 
on a package containing a hazardous material which does not meet the 
requirements of this subchapter for air transport.

0
18. In Sec.  172.411, the section heading and paragraphs (b) and (d) 
are revised, and new paragraphs (e) and (f) are added to read as 
follows:


Sec.  172.411  EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels, and 
EXPLOSIVE Subsidiary label.

* * * * *
    (b) In addition to complying with Sec.  172.407, the background 
color on the EXPLOSIVE 1.1, EXPLOSIVE 1.2 and EXPLOSIVE 1.3 labels must 
be orange. The ``**'' must be replaced with the appropriate division 
number and compatibility group letter. The compatibility group letter 
must be the same size as the division number and must be shown as a 
capitalized Roman letter.
* * * * *
    (d) In addition to complying with Sec.  172.407, the background 
color on the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and EXPLOSIVE 1.6 label must 
be orange. The ``*'' must be replaced with the appropriate 
compatibility group. The compatibility group letter must be shown as a 
capitalized Roman letter. Division numbers must measure at least 30 mm 
(1.2 inches) in height and at least 5 mm (0.2 inches) in width.
    (e) An EXPLOSIVE subsidiary label is required for materials 
identified in Column (6) of the HMT as having an explosive subsidiary 
hazard. The division number or compability group letter may be 
displayed on the subsidiary hazard label. Except for size and color, 
the EXPLOSIVE subsidiary label must be as follows:
[GRAPHIC] [TIFF OMITTED] TR31JY03.002

    (f) The EXPLOSIVE subsidiary label must comply with Sec.  172.407.

0
19. In Sec.  172.504, paragraph (g) introductory text is revised to 
read as follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (g) For shipments of Class 1 (explosive materials) by aircraft or 
vessel, the applicable compatibility group letter must be displayed on 
the placards, or labels when applicable, required by this section. When 
more than one compatibility group placard is required for Class 1 
materials, only one placard is required to be displayed, as provided in 
paragraphs (g)(1) through (g)(4) of this section. For the purposes of 
paragraphs (g)(1) through (g)(4), there is a distinction between the 
phrases explosive articles and explosive substances. Explosive article 
means an article containing an explosive substance; examples include a 
detonator, flare, primer or fuse. Explosive substance means a substance 
contained in a packaging that is not contained in an article; examples 
include black powder and smokeless powder.
* * * * *

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

0
20. The authority citation for part 173 continues to read as follows:


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


[[Page 45032]]



0
21. In Sec.  173.2a, in the paragraph (b) Precedence of Hazard Table, 
the title of the table and the first three entries in Precedence of 
Hazard Table are revised to read as follows:


Sec.  173.2a  Classification of a material having more than one hazard.

* * * * *
    (b) * * *

                                                                                   Precedence of Hazard Table
                                                                          [Hazard class or division and packing group]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   5.1       5.1       5.1     6.1,  I   6.1,  I                        8,  I     8,  I    8,  II    8.1  II   8,  III  8,  III,
                                               4.2       4.3      I\1\      II\1\    III\1\    dermal     oral     6.1  II  6.1  III   liquid     solid    liquid     solid    liquid     solid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3 I\2\....................................  ........       4.3  ........  ........  ........         3         3         3         3         3     (\3\)         3     (\3\)         3     (\3\)
3 II\2\...................................  ........       4.3  ........  ........  ........         3         3         3         3         8     (\3\)         3     (\3\)         3     (\3\)
3 III\2\..................................  ........       4.3  ........  ........  ........       6.1       6.1       6.1      3\4\         8     (\3\)         8     (\3\)         3    (\3\)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\2\ Materials of Division 4.1 other than self-reactive substances and solid desensitized explosives, and materials of Class 3 other than liquid desensitized explosives.
\3\ Denotes an impossible combination.
\4\ For pesticides only, where a material has the hazards of Class 3, Packing Group III, and Division 6.1, Packing Group III, the primary hazard is Division 6.1, Packing Group III.
* * * * * * *


0
22. In Sec.  173.21, paragraph (f)(3)(ii) is revised to read as 
follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) * * *
    (3) * * *
    (ii) For transportation by vessel, shipments are authorized in 
accordance with the control temperature requirements in Chapter 7.7 of 
the IMDG Code (incorporated by reference; see Sec.  171.7 of this 
subchapter).
* * * * *

0
23. In Sec.  173.22, paragraph (a)(4) is revised to read as follows:


Sec.  173.22  Shipper's responsibility.

    (a) * * *
    (4) For a DOT Specification or UN standard packaging subject to the 
requirements of part 178 of this subchapter, a person must perform all 
functions necessary to bring the package into compliance with parts 173 
and 178 of this subchapter, as identified by the packaging manufacturer 
or subsequent distributor (for example, applying closures consistent 
with the manufacturer's closure instructions) in accordance with Sec.  
178.2 of this subchapter.
* * * * *

0
24. In Sec.  173.24, paragraphs (b) and (f) are revised to read as 
follows:


Sec.  173.24  General requirements for packagings and packages.

* * * * *
    (b) Each package used for the shipment of hazardous materials under 
this subchapter shall be designed, constructed, maintained, filled, its 
contents so limited, and closed, so that under conditions normally 
incident to transportation--
    (1) Except as otherwise provided in this subchapter, there will be 
no identifiable (without the use of instruments) release of hazardous 
materials to the environment;
    (2) The effectiveness of the package will not be substantially 
reduced; for example, impact resistance, strength, packaging 
compatibility, etc. must be maintained for the minimum and maximum 
temperatures, changes in humidity and pressure, and shocks, loadings 
and vibrations, normally encountered during transportation;
    (3) There will be no mixture of gases or vapors in the package 
which could, through any credible spontaneous increase of heat or 
pressure, significantly reduce the effectiveness of the packaging;
    (4) There will be no hazardous material residue adhering to the 
outside of the package during transport.
* * * * *
    (f) Closures. (1) Closures on packagings shall be so designed and 
closed that under conditions (including the effects of temperature, 
pressure and vibration) normally incident to transportation--
    (i) Except as provided in paragraph (g) of this section, there is 
no identifiable release of hazardous materials to the environment from 
the opening to which the closure is applied; and
    (ii) The closure is leakproof and secured against loosening. For 
air transport, stoppers, corks or other such friction closures must be 
held in place by positive means.
    (2) Except as otherwise provided in this subchapter, a closure 
(including gaskets or other closure components, if any) used on a 
specification packaging must conform to all applicable requirements of 
the specification and must be closed in accordance with information, as 
applicable, provided by the manufacturer's notification required by 
Sec.  178.2 of this subchapter.
* * * * *

0
25. In 173.25, paragraph (a)(2) is revised to read as follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (2) The overpack is marked with the proper shipping name and 
identification number, the air eligibility marking, when applicable, 
and is labeled as required by this subchapter for each hazardous 
material contained therein, unless markings and labels representative 
of each hazardous material in the overpack are visible.
* * * * *

0
26. In Sec.  173.27, paragraph (e) is revised, and a new paragraph (i) 
is added to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (e) Absorbent materials. Except as otherwise provided in this 
subchapter, liquid hazardous materials of Class 3, 4, or 8, or Division 
5.1, 5.2 or 6.1 that are packaged and offered for transport in glass, 
earthenware, plastic or metal inner packagings must be packaged using 
absorbent material as follows:
    (1) Packing Group I liquids on passenger aircraft must be packaged 
using materials capable of absorbing the entire contents of the inner 
packagings.
    (2) Packing Group I liquids on cargo aircraft, and Packing Group II 
liquids including Division 5.2 liquids on passenger and cargo aircraft, 
must be packaged using a sufficient quantity of absorbent material to 
absorb the entire contents of any one of the inner packagings 
containing such liquids. When the inner packagings are of different 
sizes and quantities, sufficient absorbent material must be used to 
absorb the entire contents of the inner packaging with the greatest 
volume of liquid.
    (3) When absorbent materials are required and the outer packaging 
is not liquid tight, a means of containing the liquid in the event of a 
leakage must be provided in the form of a leakproof liner, plastic bag 
or other equally efficient means of containment.

[[Page 45033]]

    (4) Absorbent material must not react dangerously with the liquid 
(see Sec. Sec.  173.24 and 173.24a.).
    (5) Absorbent material is not required if the inner packagings are 
so protected that they are unlikely to break and leak their contents 
from the outer packaging under normal conditions of transportation.
* * * * *
    (i) Air eligibility marking. Each person who offers for 
transportation a hazardous material by aircraft must mark the packages 
containing the hazardous materials with an air eligibility mark as 
specified in Sec.  172.321 of this subchapter.

0
27. In Sec.  173.62, the following changes are made:
0
a. In paragraph (b), in the Explosives Table, a new entry is added in 
appropriate numerical order; and
0
b. In paragraph (c), in the Table of Packing Methods, in the first 
column, for the packing instruction entry 112(b), in the last sentence, 
the wording ``3. For UN 0222 and UN 0223'' is removed and ``3. For UN 
0222'' is added in its place.
0
The new entry to be added to the paragraph (b) Explosives Table reads 
as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                              ID No.                                 PI
------------------------------------------------------------------------
 
                                * * * * *
UN0503                                                               135
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
28. In Sec.  173.115, paragraphs (d) and (e) are revised to read as 
follows:


Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (d) Non-liquefied compressed gas. A gas, which when packaged under 
pressure for transportation is entirely gaseous at -50 [deg]C (-58 
[deg]F) with a critical temperature less than or equal to -50 [deg]C (-
58 [deg]F), is considered to be a non-liquefied compressed gas.
    (e) Liquefied compressed gas. A gas, which when packaged under 
pressure for transportation is partially liquid at temperatures above -
50 [deg]C (-58 [deg]F), is considered to be a liquefied compressed gas. 
A liquefied compressed gas is further categorized as follows:
    (1) High pressure liquefied gas which is a gas with a critical 
temperature between -50 [deg]C (-58 [deg]F) and + 65 [deg]C (149 
[deg]F), and
    (2) Low pressure liquefied gas which is a gas with a critical 
temperature above + 65 [deg]C (149 [deg]F).
* * * * *

0
29. In Sec.  173.152, paragraphs (b)(2) and (b)(4)(ii) are revised to 
read as follows:


Sec.  173.152  Exceptions for Division 5.1 (oxidizers) and Division 5.2 
(organic peroxides).

* * * * *
    (b) * * *
    (2) For oxidizers in Packing Group III, inner packagings not over 5 
L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 
lbs) net capacity each for solids, and packed in strong outer 
packagings.
* * * * *
    (4) * * *
    (ii) The flammable liquid component must be packed in inner 
packagings not over 5 L (1.3 gallons) net capacity each for Packing 
Group II or III liquid; and
* * * * *

0
30. In Sec.  173.153, in paragraph (b) introductory text, a new first 
sentence is added, and paragraph (b)(1) is revised to read as follows:


Sec.  173.153  Exceptions for Division 6.1 (poisonous materials).

* * * * *
    (b) Limited quantities of Division 6.1 materials. The exceptions in 
this paragraph do not apply to poison-by-inhalation materials. * * *
    (1) For poisonous liquids in Packing Group III, inner packagings 
not over 5 L (1.3 gallons) net capacity each, packed in strong outer 
packagings; and
* * * * *

0
31. In Sec.  173.154, paragraph (b)(2) is revised to read as follows:


Sec.  173.154  Exceptions for Class 8 (corrosive materials).

* * * * *
    (b) * * *
    (2) For corrosive materials in Packing Group III, in inner 
packagings not over 5.0 L (1.3 gallons) net capacity each for liquids, 
or not over 5.0 kg (11 lbs) net capacity each for solids, and packed in 
strong outer packagings.
* * * * *

0
32. In Sec.  173.159, in paragraph (a), a second sentence is added, and 
a new paragraph (d)(4) is added to read as follows:


Sec.  173.159  Batteries, wet.

    (a) * * * For transportation by aircraft, the packaging for wet 
cell batteries must incorporate an acid-or alkali-proof liner, or 
include a supplementary packaging with sufficient strength and 
adequately sealed to prevent leakage of electrolyte fluid in the event 
of spillage.
* * * * *
    (d) * * *
    (4) At a temperature of 55 [deg]C (131 [deg]F), the battery must 
not contain any unabsorbed free-flowing liquid, and must be designed so 
that electrolyte will not flow from a ruptured or cracked case.
* * * * *

0
33. Section 173.161 is revised to read as follows:


Sec.  173.161  Chemical kits and first aid kits.

    (a) Chemical kits and First aid kits must conform to the following 
requirements:
    (1) The kits may only contain hazardous materials for which 
packaging exceptions are provided in column 8(A) the Sec.  172.101 
Table of this subchapter.
    (2) The kits must be packed in a strong outer packaging conforming 
to the packaging requirements of subpart B of this subchapter.
    (3) The kits must include sufficient absorbent material to 
completely absorb the contents of any liquid hazardous materials 
contained in the kits. The contents must be separated, placed, or 
packed, and closed with cushioning material to protect them from 
damage.
    (4) The contents of the kits must be packed so there will be no 
possibility of the mixture of contents causing dangerous evolution of 
heat or gas.
    (5) The packing group assigned to the kits as a whole must be the 
most stringent packing group assigned to any individual substance 
contained in the kits.
    (6) Inner receptacles containing hazardous materials within the 
kits must not contain more than 250 ml for liquids or 250 g for solids 
per receptacle.
    (7) The total quantity of hazardous materials in any one outer 
package must not exceed either 10 L or 10 kg.
    (b) Chemical kits and First aid kits are excepted from the 
specification packaging requirements of this subchapter. Chemical kits 
and First aid kits are also excepted from the labeling requirements of 
this subchapter except when offered for transportation or transported 
by air. In addition, Chemical kits and First aid kits are not subject 
to subpart F of part 172 of this subchapter (Placarding), part 174 
(Carriage by rail) of this subchapter except Sec.  174.24 (Shipping 
papers), and part 177 (Carriage by highway) of this subchapter except 
Sec.  177.817 (Shipping

[[Page 45034]]

papers). Kits that meet the definition for a consumer commodity in 
Sec.  171.8 of this subchapter may be transported in accordance with 
the exceptions for ORM materials in Sec.  173.156.

0
34. In Sec.  173.166, paragraphs (b), (c), (d)(2), (e) introductory 
text and (f) are revised; paragraph (d)(3) is redesignated as paragraph 
(d)(4) and revised; and new paragraphs (d)(3), (d)(5), and (e)(5) are 
added to read as follows:


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

* * * * *
    (b) Classification. An air bag inflator, air bag module, or seat-
belt pretensioner may be classed as Class 9 (UN3268) if:
    (1) The manufacturer has submitted each design type air bag 
inflator, air bag module, or seat-belt pretensioner to a person 
approved by the Associate Administrator, in accordance with Sec.  
173.56(b), for examination and testing. The submission must contain a 
detailed description of the inflator or pretensioner or, if more than a 
single inflator or pretensioner is involved, the maximum parameters of 
each particular inflator or pretensioner design type for which approval 
is sought and details on the complete package. The manufacturer must 
submit an application, including the test results and report 
recommending the shipping description and classification for each 
device or design type to the Associate Administrator, and must receive 
written notification from the Associate Administrator that the device 
has been approved for transportation and assigned an EX number; or,
    (2) The manufacturer has submitted an application, including a 
classification issued by the competent authority of a foreign 
government to the Associate Administrator, and received written 
notification from the Associate Administrator that the device has been 
approved for transportation and assigned an EX number.
    (c) EX numbers. When offered for transportation, the shipping paper 
must contain the EX number or product code for each approved inflator, 
module or pretensioner in association with the basic description 
required by Sec.  172.202(a) of this subchapter. Product codes must be 
traceable to the specific EX number assigned to the inflator, module or 
pretensioner by the Associate Administrator. The EX number or product 
code is not required to be marked on the outside package.
    (d) * * *
    (2) An air bag module containing an inflator that has been 
previously approved for transportation is not required to be submitted 
for further examination or approval.
    (3) An air bag module containing an inflator that has previously 
been approved as a Division 2.2 material is not required to be 
submitted for further examination to be reclassed as a Class 9 
material.
    (4) Shipments for recycling. When offered for domestic 
transportation by highway, rail freight, cargo vessel or cargo 
aircraft, a serviceable air bag module or seat-belt pretensioner 
removed from a motor vehicle that was manufactured as required for use 
in the United States may be offered for transportation and transported 
without compliance with the shipping paper requirement prescribed in 
paragraph (c) of this section. However, the word ``Recycled'' must be 
entered on the shipping paper immediately after the basic description 
prescribed in Sec.  172.202 of this subchapter. No more than one device 
is authorized in the packaging prescribed in paragraph (e)(1), (2) or 
(3) of this section. The device must be cushioned and secured within 
the package to prevent movement during transportation.
    (5) Until October 1, 2005, approved ``Air bag inflators, compressed 
gas, or Air bag modules, compressed gas or Seat-belt pretensioners, 
compressed gas,'' UN3353, packaged in a non-specification packaging 
before October 1, 2003, may be transported or offered for domestic 
transportation when described, marked, and labeled as a Division 2.2 
material in accordance with the HMR in effect on September 30, 2003.
    (e) Packagings. Rigid, outer packagings, meeting the general 
packaging requirements of part 173, and the packaging specification and 
performance requirements of part 178 of this subchapter at the Packing 
Group III performance level are authorized. The packagings must be 
designed and constructed to prevent movement of the articles and 
inadvertent operation.
* * * * *
    (5) Packagings specified in the approval document issued by the 
Associate Administrator in accordance with paragraph (e) of this 
section are also authorized.
    (f) Labeling. Notwithstanding the provisions of Sec.  172.402 of 
this subchapter, each package or handling device must display a CLASS 9 
label. Additional labeling is not required when the package contains no 
hazardous materials other than the devices.

0
35. In Sec.  173.185, paragraph (e)(4) is revised, paragraph (e)(5) is 
removed and reserved, paragraph (e)(7) is revised, and a new paragraph 
(k) is added to read as follows:


Sec.  173.185  Lithium batteries and cells.

* * * * *
    (e) * * *
    (4) Authorized outer packagings: rigid outer packagings that 
conform to the general packaging requirements of part 173 and the 
packaging specification and performance requirements of part 178 of 
this subchapter at the Packing Group II performance level. Cells and 
batteries must be packed in such a manner as to effectively prevent 
short circuits through the use of inner packagings, dividers, or other 
suitable means.
    (5) [Reserved]
* * * * *
    (7) Except as provided in paragraph (h) of this section, cells and 
batteries with a liquid cathode containing sulfur dioxide, sulfuryl 
chloride or thionyl chloride may not be offered for transportation or 
transported if any cell has been discharged to the extent that the open 
circuit voltage is less than two volts, or is less than two-thirds of 
the voltage of the fully charged cell, whichever is less.
* * * * *
    (k) Batteries employing a strong, impact-resistant outer casing and 
exceeding a gross mass of 12 kg (26.5 lbs.), and assemblies of such 
batteries, may be packed in strong outer packagings, in protective 
enclosures (for example, in fully enclosed wooden slatted crates) or on 
pallets. Batteries must be secured to prevent inadvertent movement, and 
the terminals may not support the weight of other superimposed 
elements. Batteries packaged in this manner may only be transported by 
cargo aircraft and must be approved by the Associate Administrator.


Sec.  173.216  [Amended]

0
36. In Sec.  173.216, paragraph (b) is removed and reserved.

0
37. In Sec.  173.218, paragraph (a) introductory text is revised and 
paragraph (b) is removed and reserved to read as follows:


Sec.  173.218  Fish meal or fish scrap.

    (a) Except as provided in Column (7) of the HMT in Sec.  172.101 of 
this subchapter, fish meal or fish scrap, containing at least 6%, but 
not more than 12% water, is authorized for transportation by vessel 
only when packaged as follows:
* * * * *
    (b) [Reserved]
* * * * *

[[Page 45035]]


0
38. In Sec.  173.220, paragraph (a)(2) is revised; in paragraph (c), 
the first sentence is revised; paragraph (e) is redesignated as 
paragraph (f); and a new paragraph (e) is added 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) * * *
    (2) It is equipped with a wet electric storage battery other than a 
non-spillable battery, or with a sodium or lithium battery; or
* * * * *
    (c) Battery powered or installed. Batteries must be securely 
installed, and wet batteries fastened in an upright position. * * *
* * * * *
    (e) Additional requirements for internal combustion engines and 
vehicles with certain electronic equipment when transported by aircraft 
or vessel. When an internal combustion engine that is not installed in 
a vehicle or equipment is offered for transportation by aircraft or 
vessel, all fuel, coolant or hydraulic systems remaining in the engine 
must be drained as far as practicable, and all disconnected fluid pipes 
that previously contained fluid must be sealed with leak-proof caps 
that are positively retained. When offered for transportation by 
aircraft, vehicles equipped with theft-protection devices, installed 
radio communications equipment or navigational systems must have such 
devices, equipment or systems disabled.
* * * * *

0
39. A new Sec.  173.223 is added to read as follows:


Sec.  173.223  Musk xylene.

    (a) Packagings for ``Musk xylene'' or ``5-tert-Butyl-2,4,6-
trinitro-m-xylene,'' when offered for transportation or transported by 
rail, highway, or vessel, must conform to the general packaging 
requirements of subpart B of part 173, and to the requirements of part 
178 of this subchapter at the Packing Group III performance level and 
may only be transported in the following packagings:
    (1) Fiberboard box (4G) with a single inner plastic bag, and a 
maximum net mass of not more than 50 kg (110 lbs).
    (2) Fiberboard box (4G) or fiber drum (1G), with a plastic inner 
packaging not exceeding 5 kg (11 lbs), and a maximum net mass of not 
more than 25 kg (55 lbs).
    (3) Fiber drum (1G), and a maximum net mass of not more than 50 kg 
(110 lbs), that may be fitted with a coating or lining.
    (b) [Reserved]

0
40. In Sec.  173.224, in paragraph (b)(4), the fourth sentence is 
revised; in the table following paragraph (b)(7), 5 entries are 
removed, 9 entries are added, and 1 entry is revised in appropriate 
alphabetical order; and in the ``NOTES'' immediately following the 
Table, a new Note ``4'' is added in appropriate numerical order to read 
as follows:


Sec.  173.224  Packaging and control and emergency temperatures for 
self-reactive materials.

* * * * *
    (b) * * *
    (4) * * * Bulk packagings are authorized as specified in Sec.  
173.225(e) for Type F self-reactive substances. * * *
* * * * *
    (7) * * *

                                          Self-Reactive Materials Table
----------------------------------------------------------------------------------------------------------------
                                                                                 Control
     Self-reactive substance      Identification  Concentration    Packing    temperature-   Emergency    Notes
                                        No.            (%)          method      ([deg]C)    temperature
(1)                                         (2)            (3)           (4)           (5)          (6)      (7)
---------------------------------
 
                                                  * * * * * * *
[REMOVE:]
Benzene-1,3-disulphohydrazide,             3226             52           OP7
 as a paste.....................
Benzene sulphohydrazide.........           3226            100           OP7
2-Diazo-1-Naphthol-4-                      3222            100           OP5
 sulphochloride.................
2-Diazo-1-Naphthol-5-                      3222            100           OP5
 sulphochloride.................
Diphenyloxide-4,4'-                        3226            100           OP7
 disulphohydrazide..............
[ADD:]
 
                                                  * * * * * * *
Benzene-1,3-                               3226             52           OP7
 disulphonylhydrazide, as a
 paste..........................
Benzene sulphohydrazide.........           3226            100           OP7
 
                                                  * * * * * * *
2-Diazo-1-Naphthol sulphonic               3226           <100           OP7  ............  ...........        4
 acid ester mixture.............
2-Diazo-1-Naphthol-4-sulphonyl             3222            100           OP5
 chloride.......................
2-Diazo-1-Naphthol-5-sulphonyl             3222            100           OP5
 chloride.......................
2,5-Dibutoxy-4-(4-morpholinyl)-            3228            100           OP8
 Benzenediazonium,
 tetrachlorozincate (2:1).......
 
                                                  * * * * * * *
2,5-Diethoxy-4-(4-morpholinyl)-            3226            100           OP7
 benzenediazonium sulphate......
 
                                                  * * * * * * *
4-(Dimethylamino)-                         3228            100           OP8
 benzenediazonium
 trichlorozincate (-1)..........
 
                                                  * * * * * * *
Diphenyloxide-4,4'-                        3226            100           OP7
 disulphonylhydrazide...........
 
                                                  * * * * * * *
[REVISE:]
2,2'-Azodi(isobutyronitrile) as            3224           <=50           OP6
 a water based paste............
----------------------------------------------------------------------------------------------------------------


[[Page 45036]]

* * * * *

    Notes: 

* * * * *
    4. This entry applies to mixtures of esters of 2-diazo-1-
naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.


0
41. In Sec.  173.225, paragraph (b)(6) is revised; in the Organic 
Peroxide Table, 1 entry is removed, 9 entries are added, and 21 entries 
are revised in appropriate alphabetical order; in the ``Notes'' 
immediately following the Table, Note ``9'' is revised, and two new 
notes, ``27'' and ``28'' are added in appropriate numerical order; in 
paragraph (e)(3)(xii), the last sentence is revised; and paragraph 
(e)(5) is revised to read as follows:


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

* * * * *
    (b) * * *
    (6) Packing method. Column 6 specifies the highest packing method 
(largest packaging capacity) authorized for the organic peroxide. Lower 
numbered packing methods (smaller packaging capacities) are also 
authorized. For example, if OP3 is specified, then OP2 and OP1 are also 
authorized. The designation ``IBC'' means Special Provision IB52 in 
Sec.  172.102 of this subchapter applies. The designation ``Bulk'' 
means paragraph (e) of this section applies. When an IBC or bulk 
packaging is authorized and meets the requirements of paragraph (e) of 
this section, lower control temperatures than those specified for non-
bulk packagings may be required. The Table of Packing Methods in 
paragraph (d) of this section defines the non-bulk packing methods.
* * * * *
    (8) * * *


                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Diluent (mass %)                                  Temperature ([deg]C)
        Technical name             ID No.    Concentration ---------------------   Water      Packing method  ------------------------       Notes
                                                (mass %)      A      B      I     (mass %)                      Control    Emergency
(1)                             (2)........          (3)     (4a)   (4b)   (4c)        (5)  (6)..............       (7a)         (7b)  (8)
-------------------------------

                                                                      * * * * * * *
[REMOVE:]
Peracetic acid with not more    ...........  .............  .....  .....  .....  .........  .................  .........  ...........  .................
 than 20% hydrogen peroxide.

                                                                      * * * * * * *
[ADD:]

                                                                      * * * * * * *
tert-Butyl peroxyneodecanoate   UN3119.....         <=42    .....  .....  .....  .........  OP8, IBC.........         -5           +5  .................
 [as a stable dispersion in
 water].

                                                                      * * * * * * *
Di-tert-butyl peroxide........  UN3109.....         <=32    >=68  .....  .....  .........  Bulk.............  .........  ...........  14
 
                                                                      * * * * * * *
Diisopropyl peroxydicarbonate.  UN3115.....         <=28    >=72  .....  .....  .........  OP7..............        -15           -5  .................

                                                                      * * * * * * *
Di-n-Propyl peroxydicarbonate.  UN3113.....        <=100    .....  .....  .....  .........  OP3..............        -25          -15  .................

                                                                      * * * * * * *
Di-(3,5,5-trimethylhexanoyl)    UN3119.....         <=38    >=62  .....  .....  .........  Bulk.............         -5           +5  14
 peroxide.                                                 

                                                                      * * * * * * *
Peroxyacetic acid with not      Exempt.....          <=6    .....  .....  .....  >=60       Exempt......  .........  ...........  28
 more than 20% hydrogen                                                             
 peroxide.
Peroxyacetic acid with not      UN3109.....         <=17    .....  .....  .....  .........  OP8, IBC.........  .........  ...........  13, 20, 28
 more than 26% hydrogen
 peroxide.
Peroxyacetic acid with 7%       UN3107.....         <=36    .....  .....  .....  >=15       OP8.........  .........  ...........  13, 20, 28
 hydrogen peroxide.                                                                   
                                                                      * * * * * * *
Peroxyacetic acid, distilled,   UN3119.....         <=41    .....  .....  .....  .........  Bulk.............        +30          +35  14, 27, 28
 Type F, stabilized.

                                                                      * * * * * * *
[REVISE:]

                                                                      * * * * * * *
tert-Butyl hydroperoxide......  UN3109.....         <=72    .....  .....  .....  >=28  OP8, IBC, Bulk...  .........  ...........  13, 14
                                                                                     

                                                                      * * * * * * *
tert-Butyl peroxyacetate......  UN3109.....         <=32    >68  .....  .....  .........  OP8, IBC.........  .........  ...........  .................
                                                             

                                                                      * * * * * * *
tert-Butyl peroxyacetate......  UN3109.....         <=32    .....  >=68  .....  .........  OP8..............  .........  ...........  .................
                                                                    

                                                                      * * * * * * *
tert-Butyl peroxyneodecanoate   UN3117.....         <=52    .....  .....  .....  .........  OP8, IBC.........          0          +10  .................
 [as a stable dispersion in
 water].

                                                                      * * * * * * *
tert-Butyl peroxyneodecanoate.  UN3119.....         <=32    >=68  .....  .....  .........  OP8, IBC.........          0          +10  .................
                                                             

                                                                      * * * * * * *
tert-Butyl peroxy-3,5,5-        UN3109.....         <=32    >=68  .....  .....  .........  OP8, IBC.........  .........  ...........  .................
 trimethylhexanoate.                                         

[[Page 45037]]



                                                                      * * * * * * *
Cumyl hydroperoxide...........  UN3109.....         <=90    >=10  .....  .....  .........  OP8, IBC, Bulk...  .........  ...........  13, 14, 15
                                                             

                                                                      * * * * * * *
Dibenzoyl peroxide [as a        UN3109.....         <=42    .....  .....  .....  .........  OP8, IBC.........  .........  ...........  .................
 stable dispersion in water].

                                                                      * * * * * * *
Di-(4-tert-butylcyclothexyl)    UN3119.....         <=42    .....  .....  .....  .........  OP8, IBC.........        +30          +35  .................
 peroxydicarbonate [as stable
 dispersion in water].

                                                                      * * * * * * *
Di-tert-butyl peroxide........  UN3109.....         <=52    .....  >=48  .....  .........  OP8, IBC, Bulk...  .........  ...........  14, 24
                                                                    

                                                                      * * * * * * *
1,1-Di-(tert-butylperoxy)       UN3109.....         <=42    >=58  .....  .....  .........  OP8, IBC.........  .........  ...........  .................
 cyclohexane.                                                

                                                                      * * * * * * *
Dicetyl peroxydicaronate [as a  UN3119.....         <=42    .....  .....  .....  .........  OP8, IBC.........        +30          +35  .................
 stable dispersion in water].

                                                                      * * * * * * *
Dicumyl peroxide..............  UN3109.....        >=52  .....   <=48  .....  .........  OP8, IBC, Bulk...  .........  ...........  9, 11, 14
                                                    -100
Dicumyl peroxide..............  UN3110.....        >=52  .....   <=48  .....  .........  OP8, IBC, Bulk...  .........  ...........  9, 11, 14
                                                    -100

                                                                      * * * * * * *
Dilauroyl peroxide [as a        UN3109.....         <=42    .....  .....  .....  .........  OP8, IBC.........  .........  ...........  .................
 stable dispersion in water].

                                                                      * * * * * * *
Di-(3,5,5-                      UN3119.....         <=52    .....  .....  .....  .........  OP8, IBC.........        +10          +15  .................
 trimethylhexanoyl)peroxide
 [as a stable dispersion in
 water].

                                                                      * * * * * * *
Isopropylcumyl hydroperoxide..  UN3109.....         <=72    >-28  .....  .....  .........  OP8, IBC, Bulk...  .........  ...........  13, 14
                                                             
                                                                      * * * * * * *
p-Menthyl hydroperoxide.......  UN3109.....         <=72    >=28  .....  .....  .........  OP8, IBC, Bulk...  .........  ...........  14
                                                             
                                                                      * * * * * * *
Peroxyacetic acid, type F,      UN3109.....         <=43    .....  .....  .....  .........  OP8, IBC.........  .........  ...........  13, 20, 28
 stabilized.

                                                                      * * * * * * *
Pinanyl hydroperoxide.........  UN3109.....          <56    >44 .....  .....  .........  OP8, Bulk........  .........  ...........  14
                                                             
                                                                      * * * * * * *
1,1,3,3-Tetramethylbutyl        UN3119.....         <=52    .....  .....  .....  .........  OP8, IBC.........         -5           +5  .................
 peroxyneodecanoate [as a
 stable dispersion in water].

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


    Notes: 

* * * * *

    9. For domestic shipments, this material may be packaged in bulk 
packagings under the provisions of paragraph (e)(3)(xii) of this 
section.
* * * * *
    27. Formulations derived from distillation of peroxyacetic acid 
originating from peroxyacetic acid in a concentration of not more 
than 41% with water, total active oxygen less than or equal to 9.5% 
(peroxyacetic acid plus hydrogen peroxide).
    28. For the purposes of this section, the names ``Peroxyacetic 
acid'' and ``Peracetic acid'' are synonymous.

* * * * *
    (e) * * *
    (3) * * *
    (xii) * * * These portable tanks are not subject to any other 
requirements of paragraph (e) of this section.
* * * * *
    (5) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section if the IBC type is authorized according to 
Special Provision IB52 (see Sec.  172.102(c)(4) of this subchapter), as 
applicable, and the IBC conforms to the requirements in subpart O of 
part 178 of this subchapter at the Packing Group II performance level. 
The additional requirements in paragraphs (e)(5)(i) and (e)(5)(ii) of 
this section also apply. Type F organic peroxides or self-reactive 
substances that are not authorized for a specific IBC may be 
transported in IBCs other than those specified in IB52 if approved by 
the Associate Administrator.
* * * * *

0
42. In Sec.  173.244, paragraph (c) is revised to read as follows:

[[Page 45038]]

Sec.  173.244  Bulk packaging for certain pyrophoric liquids (Division 
4.2), dangerous when wet (Division 4.3) materials, and poisonous 
liquids with inhalation hazards (Division 6.1).

* * * * *
    (c) Portable tanks: DOT 51 portable tanks and UN portable tanks 
that meet the requirements of this subchapter, when a T code is 
specified in Column (7) of the Sec.  172.101 Table of this subchapter 
for the specific hazardous material, are authorized.

0
43. In Sec.  173.306, the paragraph (f) heading is revised and a new 
paragraph (j) is added to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (f) Accumulators (Articles, pressurized pneumatic or hydraulic 
containing non-flammable gas). * * *
* * * * *
    (j) For certain compressed gases not subject to the requirements of 
this subchapter, see Sec.  173.307(a)(5).

0
44. In Sec.  173.307, a new paragraph (a)(5) is added to read as 
follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (5) Aerosols with a capacity of less than 50 ml. Aerosols, as 
defined in Sec.  171.8 of this subchapter, with a capacity not 
exceeding 50 ml and with a pressure not exceeding 970 kPa (141 psig) at 
55 [deg]C (131 [deg]F), containing no hazardous materials other than a 
Division 2.2 gas, are not subject to the requirements of this 
subchapter.
* * * * *

0
45. In Sec.  173.418, a new paragraph (e) is added to read as follows:


Sec.  173.418  Authorized packages-pyrophoric Class 7 (radioactive) 
materials.

* * * * *
    (e) Pyrophoric Class 7 (radioactive) materials transported by 
aircraft must be packaged in Type B packages, as authorized in Column 
(8) of the Sec.  172.101 Table of this subchapter.

0
46. In Sec.  173.422, paragraphs (a)(2), (a)(3), and (a()4) are revised 
to read as follows:


Sec.  173.422  Additional requirements for excepted packages containing 
Class 7 (radioactive materials).

    (a) * * *
    (2) ``This package conforms to the conditions and limitations 
specified in 49 CFR 173.424 for radioactive material, excepted package-
instruments or articles, UN 2911'';
    (3) ``This package conforms to the conditions and limitations 
specified in 49 CFR 173.426 for radioactive material, excepted package-
articles manufactured from natural uranium or depleted uranium or 
natural thorium, UN 2909''; or
    (4) ``This package conforms to the conditions and limitations 
specified in 49 CFR 173.428 for radioactive material, excepted package-
empty packaging, UN 2908.''
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
47. The authority citation for part 175 continues to read as follows:

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

0
48. In Sec.  175.10, paragraph (a)(4)(v) is added, and paragraph 
(a)(25) is revised to read as follows:


Sec.  175.10  Exceptions.

    (a) * * *
    (4) * * *
    (iv) * * *
    (v) The provisions of this paragraph (a)(4) also apply to an 
aircraft operator when transporting passenger or crew member baggage to 
its intended destination, if the baggage has been separated from the 
passenger or crew member, including transfer to another carrier for 
transport to its intended destination.
* * * * *
    (25) With approval of the aircraft operator, a passenger or crew 
member may carry in checked or carry-on baggage no more than two small 
gas cartridges containing no hazardous material other than a Division 
2.2 gas that are fitted into a self-inflating life-jacket for inflation 
purposes, plus no more than two spare cartridges.
* * * * *

0
49. In Sec.  175.30, a new paragraph (a)(5) is added to read as 
follows:


Sec.  175.30  Accepting and inspecting shipments.

* * * * *
    (a) * * *
    (5) Marked with the air eligibility marking in accordance with 
Sec.  172.321 of this subchapter, unless excepted from marking.
* * * * *
0
50. In Sec.  175.90, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  175.90  Damaged shipments.

* * * * *
    (b) Except as provided in Sec.  175.700, the operator of an 
aircraft must remove from the aircraft any package, baggage or cargo 
that appears to be leaking or contaminated by a hazardous material. In 
the case of a package, baggage or cargo that appears to be leaking, the 
operator must ensure that other packages, baggage or cargo in the same 
shipment are in proper condition for transport aboard the aircraft and 
that no other package, baggage or cargo has been contaminated or is 
leaking. If an operator becomes aware that a package, baggage or cargo 
not identified as containing a hazardous material has been 
contaminated, or the operator has cause to believe that a hazardous 
material may be the cause of the contamination, the operator must take 
reasonable steps to identify the nature and source of contamination 
before proceeding with the loading of the contaminated baggage or 
cargo. If the contaminating substance is found or suspected to be a 
hazardous material, the operator must isolate the package, baggage or 
cargo and take appropriate steps to eliminate any identified hazard 
before continuing the transportation of the item by air.
    (c) No person may place aboard an aircraft, a package, baggage or 
cargo that is contaminated with a hazardous material or appears to be 
leaking.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
51. The authority citation for part 176 continues to read as follows:

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

0
52. In Sec.  176.27, paragraph (c)(2) is revised to read as follows:


Sec.  176.27  Certificate.

* * * * *
    (c) * * *
    (2) The certification may appear on a shipping paper or on a 
separate document as a statement, such as ``It is declared that the 
packing of the container has been carried out in accordance with the 
applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR 
and the IMDG Code].''.

0
53. In Sec.  176.63, a new paragraph (f) is added to read as follows:


Sec.  176.63  Stowage locations.

* * * * *
    (f) Stowage of containers on board hatchless container ships (1) 
Containers holding a hazardous material may be stowed in or vertically 
above a hatchless container hold if the following conditions are met:
    (1) All hazardous materials are permitted for under deck stowage as 
specified in the Table in Sec.  172.101 of this subchapter; and

[[Page 45039]]

    (2) The hatchless container hold is in full compliance with the 
provisions of IMO's ``International Convention for the Safety of Life 
at Sea (SOLAS),'' Regulation II-2/19 of SOLAS 1974, as amended 
(incorporation by reference; see Sec.  171.7 of this subchapter), 
applicable to enclosed container cargo spaces, as appropriate for the 
cargo transported.

0
54. In Sec.  176.83, paragraph (f) is revised and a new paragraph (l) 
is added to read as follows:


Sec.  176.83  Segregation.

* * * * *
    (f) Segregation of containers on board container vessels: (1) 
Except for hatchless container ships, this paragraph applies to the 
segregation of freight containers that are carried on board container 
vessels, or on other types of vessels, provided these cargo spaces are 
properly fitted for permanent stowage of freight containers during 
transport.
    (l) Segregation of containers on board hatchless container ships: 
(1) This paragraph applies to the segregation of containers that are 
transported on board hatchless container ships provided that the cargo 
spaces are properly fitted to give permanent stowage of the cargo 
transport units during transport.
    (2) For partly hatchless container ships that have spaces suitable 
for breakbulk cargo, conventional container stowage, or any other 
method of stowage, the appropriate requirements of this section apply 
to the relevant cargo space.
    (3) Segregation Table: Table Sec.  176.83(l)(3) sets forth the 
general requirements for segregation of containers on board hatchless 
container vessels.
    (4) In Table Sec.  176.83(l)(3), a container space means a distance 
of not less than 6 m (20 feet) fore and aft or not less than 2.5 m (8 
feet) athwartship.
BILLING CODE 4910-60-P

[[Page 45040]]

[GRAPHIC] [TIFF OMITTED] TR31JY03.020

BILLING CODE 4910-60-C

0
55. In Sec.  176.84, in paragraph (b), Table of provisions, nine new 
entries are added in appropriate numerical order to read as follows:


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

* * * * *

[[Page 45041]]

    (b) * * *

------------------------------------------------------------------------
                Code                              Provisions
------------------------------------------------------------------------
 
                              * * * * * * *
124................................  Stow ``separated from'' bromates.
125................................  Segregation same as for flammable
                                      liquids, but also ``away from''
                                      flammable solids.
126................................  Segregation same as for Class 9,
                                      miscellaneous hazardous materials.
127................................  For packages carrying a subsidiary
                                      risk of Class 1 (explosives),
                                      segregation same as for Class 1,
                                      Division 1.3.
128................................  Stow in accordance with the IMDG
                                      Code, Sub-section 7.1.10.3
                                      (incorporated by reference; see
                                      Sec.   171.7 of this subchapter).
129................................  Stowage Category A applies, except
                                      for uranyl nitrate hexahydrate
                                      solution for which Category D
                                      applies.
130................................  Stowage Category A applies, except
                                      for uranyl nitrate hexahydrate
                                      solution, uranium metal
                                      hexahydrate solution, uranium
                                      metal pyrophoric and thorium metal
                                      pyrophoric for which Category D
                                      applies.
131................................  Stowage Category A applies, except
                                      for uranyl nitrate hexahydrate
                                      solution, uranium metal pyrophoric
                                      and thorium metal pyrophoric for
                                      which Category D applies, and
                                      taking into account any
                                      supplementary requirements
                                      specified in the transport
                                      documents.
132................................  Stowage A applies, taking into
                                      account any supplementary
                                      requirements specified in the
                                      transport documents.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
56. In Sec.  176.140, in paragraph (b), the first sentence is revised 
to read as follows:


Sec.  176.140  Segregation from other classes of hazardous materials.

* * * * *
    (b) Class 1 (explosive) materials must be segregated from bulk 
solid dangerous cargoes in accordance with the IMDG Code (incorporated 
by reference; see Sec.  171.7 of this subchapter).* * *


Sec.  176.170  [Removed and Reserved]

0
57. In Sec.  176.170, paragraph (b) is removed and reserved.
0
58. In Sec.  176.410, paragraph (a)(2) is revised; paragraphs (a)(3), 
(a)(5) and (a)(6) are removed; and current paragraph (a)(4) is 
redesignated (a)(3) to read as follows:


Sec.  176.410  Division 1.5 materials, ammonium nitrate and ammonium 
nitrate mixtures.

    (a) * * *
    (2) Ammonium nitrate, Division 5.1 (oxidizer), UN1942.
* * * * *

0
59. In Sec.  176.415, paragraphs (a) introductory text, (a)(1), (a)(2), 
(b)(1), (c)(1) and (c)(2) are revised; paragraphs (b)(3), (b)(4) and 
(c)(5) are removed; and paragraphs (b)(5) and (b)(6) are redesignated 
(b)(3) and (b)(4), respectively to read as follows:


Sec.  176.415  Permit requirements for Division 1.5, ammonium nitrates, 
and certain ammonium nitrate fertilizers.

    (a) Except as provided in paragraph (b) of this section, before any 
of the following material is loaded on or unloaded from a vessel at any 
waterfront facility, the owner/operator must obtain written permission 
from the Captain of the Port (COTP).
    (1) Ammonium nitrate UN1942, ammonium nitrate fertilizers 
containing more than 70% ammonium nitrate, or Division 1.5 
compatibility group D materials packaged in a paper bag, burlap bag, or 
other nonrigid combustible packaging, or any rigid packaging with 
combustible inside packagings,
    (2) Any other ammonium nitrate or ammonium nitrate fertilizer not 
listed in Sec.  176.410(a) or (b).
    (b) * * *
    (1) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, in a rigid 
packaging with a noncombustible inside packaging.
* * * * *
    (c) * * *
    (1) If the material is Explosives, blasting, type E, Division 1.5 
compatibility group D, UN0332 in a combustible packaging or in a rigid 
packaging with a combustible inside packaging, it must be loaded or 
unloaded at a facility remote from populous areas, or high-value or 
high-hazard industrial facilities, so that in the event of fire or 
explosion, loss of lives and property may be minimized;
    (2) If the material is a Division 1.5 compatibility group D 
material in a non-rigid combustible packaging and loaded in a freight 
container or transport vehicle, it may be loaded or unloaded at a non-
isolated facility if the facility is approved by the COTP.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
60. The authority citation for part 178 continues to read as follows:

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


0
61. In Sec.  178.2, paragraph (c)(1)(ii) is revised to read as follows:


Sec.  178.2  Applicability and responsibility.

* * * * *
    (c) * * *
    (1) * * *
    (ii) With information specifying the type(s) and dimensions of the 
closures, including gaskets and any other components needed to ensure 
that the packaging is capable of successfully passing the applicable 
performance tests and the general packaging requirements in Sec.  
173.24 and for transportation by aircraft, if applicable, Sec.  173.27 
of this subchapter. This information must include any procedures to be 
followed, including closure instructions for inner packagings and 
receptacles, to effectively assemble and close the packaging for the 
purpose of preventing leakage in transportation. For packagings 
intended for transportation by aircraft, this information must include 
relevant guidance to ensure that the packaging, as prepared for 
transportation, will withstand the pressure differential requirements 
in Sec.  173.27 of this subchapter.
* * * * *


Sec.  178.274  [Amended]

0
62. In Sec.  178.274, in paragraph (j)(6), in the fourth sentence, the 
wording ``20 cm (8 inches) on at least two sides'' is removed and ``10 
cm (4 inches) on at least two sides'' is added in its place.

0
63. In Sec.  178.705, paragraph (c)(1)(iv)(A) is revised to read as 
follows:


Sec.  178.705  Standards for metal IBCs.

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * *
    (A) For a reference steel having a product of Rm x Ao = 10,000, 
where Ao

[[Page 45042]]

is the minimum elongation (as a percentage) of the reference steel to 
be used on fracture under tensile stress (Rm x Ao = 10,000 x 145; if 
tensile strength is in U.S. Standard units of pounds per square inch), 
the wall thickness must not be less than:

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Wall thickness (T) in mm
                                ------------------------------------------------------------------------------------------------------------------------
   Capacity (C) in liters \1\                        Types 11A, 11B, 11N                                  Types 21A, 21B, 21N, 31A, 31B, 31N
                                ------------------------------------------------------------------------------------------------------------------------
                                          Unprotected                     Protected                    Unprotected                    Protected
--------------------------------------------------------------------------------------------------------------------------------------------------------
C<=1000........................  2.0..........................  1.5.........................  2.5.........................  2.0
1000 < C<=2000...................  T=C/2000 + 1.5...............  T=C/2000 + 1.0..............  T=C/2000 + 2.0..............  T=C/2000 + 1.5
2000 < C<=3000...................  T=C/2000 + 1.5...............  T=C/2000 + 1.0..............  T=C/1000 + 1.0..............  T=C/2000 + 1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
64. In Sec.  178.812, paragraph (b)(1) is revised to read as follows:


Sec.  178.812  Top lift test.

* * * * *
    (b) Special preparation for the top lift test. (1) Metal, rigid 
plastic, and composite IBC design types must be loaded to twice the 
maximum permissible gross mass with the load being evenly distributed.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
65. The authority citation for part 180 continues to read as follows:

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


0
66. Section 180.350 is revised to read as follows:


Sec.  180.350  Applicability and definitions.

    This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173 and 178 of this subchapter, 
applicable to any person responsible for the continuing qualification, 
maintenance, or periodic retesting of an IBC. The following definitions 
apply:
    (a) Remanufactured IBCs are metal, rigid plastic or composite IBCs 
produced as a UN type from a non-UN type, or are converted from one UN 
design type to another UN design type. Remanufactured IBCs are subject 
to the same requirements of this subchapter that apply to new IBCs of 
the same type (also see Sec.  178.801(c)(1) of this subchapter for 
design type definition).
    (b) Repaired IBCs are metal, rigid plastic or composite IBCs that, 
as a result of impact or for any other cause (such as corrosion, 
embrittlement or other evidence of reduced strength as compared to the 
design type), are restored so as to conform to the design type and to 
be able to withstand the design type tests. For the purposes of this 
subchapter, the replacement of the rigid inner receptacle of a 
composite IBC with a receptacle conforming to the original 
manufacturer's specification is considered repair. Routine maintenance 
of IBCs (see definition in paragraph (c) of this section) is not 
considered repair. The bodies of rigid plastic IBCs and the inner 
receptacles of composite IBCs are not repairable.
    (c) Routine maintenance of IBCs is the routine performance on 
metal, rigid plastic or composite IBCs of operations such as:
    (1) Cleaning;
    (2) Removal and reinstallation or replacement of body closures 
(including associated gaskets), or of service equipment conforming to 
the original manufacturer's specifications provided that the 
leaktightness of the IBC is verified; or
    (3) Restoration of structural equipment not directly performing a 
hazardous material containment or discharge pressure retention function 
so as to conform to the design type (for example, the straightening of 
legs or lifting attachments), provided the containment function of the 
IBC is not affected.

0
67. In Sec.  180.352, paragraphs (d)(1)(i) and (f) are revised and a 
new paragraph (d)(1)(iv) is added to read as follows:


Sec.  180.352  Requirements for retest and inspection of IBCs.

* * * * *
    (d) * * *
    (1) * * *
    (i) The repaired IBC conforms to the original design type, is 
capable of withstanding the applicable design qualification tests, and 
is retested and inspected in accordance with the applicable 
requirements of this section;
* * * * *
    (iv) The person performing the tests and inspections after the 
repair must durably mark the IBC near the manufacturer's UN design type 
marking to show the following:
    (A) The country in which the tests and inspections were performed;
    (B) The name or authorized symbol of the person performing the 
tests and inspections; and
    (C) The date (month, year) of the tests and inspections.
* * * * *
    (f) Record retention. The owner or lessee of the IBC must keep 
records of periodic retests, initial and periodic inspections, and 
tests performed on the IBC if it has been repaired. Records must 
include design types and packaging specifications, test and inspection 
dates, name and address of test and inspection facilities, names or 
name of any persons conducting tests or inspections, and test or 
inspection specifics and results. Records must be kept for each 
packaging at each location where periodic tests are conducted, until 
such tests are successfully performed again or for at least 2.5 years 
from the date of the last test. These records must be made available 
for inspection by a representative of the Department on request.

0
68. In Sec.  180.605, paragraph (k) is revised to read as follows:


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

* * * * *
    (k) Inspection and test markings. (1) Each IM or UN portable tank 
must be durably and legibly marked, in English, with the date (month 
and year) of the last pressure test, the identification markings of the 
approval agency witnessing the test, when required, and the date of the 
last visual inspection. The marking must be placed on or near the metal 
identification plate, in letters and numerals of not less than 3 mm 
(0.118 inches) high when on the metal identification plate, and 12 mm 
(0.47 inches) high when on the portable tank.
    (2) Each Specification DOT 51, 56, 57 or 60 portable tank must be 
durably and legibly marked, in English, with the date (month and year) 
of the most recent

[[Page 45043]]

periodic retest. The marking must be placed on or near the metal 
certification plate and must be in accordance with Sec.  178.3 of this 
subchapter. The letters and numerals must not be less than 3 mm (0.118 
inches) high when on the metal certification plate, and 12 mm (0.47 
inches) high when on the portable tank, except that a portable tank 
manufactured under a previously authorized specification may continue 
to be marked with smaller markings if originally authorized under that 
specification (for example, DOT Specification 57 portable tanks).
* * * * *

    Issued in Washington, DC on July 21, 2003, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator.
[FR Doc. 03-19016 Filed 7-30-03; 8:45 am]
BILLING CODE 4910-60-P