[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Rules and Regulations]
[Pages 34604-34612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12992]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, and 178

[Docket No. RSPA-2003-13658 (HM-215E)]
RIN 2137-AD94


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; response to appeals and corrections.

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SUMMARY: On July 31, 2003, RSPA published a final rule under Docket 
Number RSPA-2002-13658 (HM-215E) amending the Hazardous Materials 
Regulations (HMR) based on corresponding provisions of international 
standards. The revisions were made to facilitate the transportation of 
hazardous materials in international commerce. In response to appeals 
submitted by persons affected by the July 31, 2003 final rule, this 
final rule amends certain requirements. This final rule also corrects 
errors in the July 31, 2003 final rule.

DATES: Effective Date: June 22, 2004.
    Delayed Compliance Date: October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, (202) 366-8553, or Shane Kelley, International 
Standards, (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 July 31, 2003, the Research and Special Programs Administration 
(RSPA, we) published a final rule under Docket HM-215E (68 FR 44992) 
revising the HMR to maintain alignment with recent changes to 
corresponding provisions in international standards. Changes to the 
International Maritime Dangerous Goods Code (IMDG Code), the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions), and the United Nations Recommendations on the Transport 
of Dangerous Goods (UN Recommendations) necessitated amendments to 
domestic regulations to provide consistency and facilitate the 
transport of hazardous materials in international commerce. This final 
rule responds to five appeals and certain comments concerning 
amendments in the July 31, 2003 final rule. This rulemaking also 
corrects various errors made during the development of the rule and the 
printing process. Because the amendments adopted herein impose no new 
regulatory burden on any person, these amendments are being made 
effective without the usual 30-day delay following publication.

II. Discussion and Resolution of Appeals

    Five organizations submitted appeals to the July 31, 2003 final 
rule. The appellants are the American Trucking Associations (ATA), Arch 
Chemicals, Inc., Argonne National Laboratory (Argonne), Geo Specialty 
Chemicals (GEO), and the Truckload Carriers Association (TCA).
     ``Hydrazine aqueous solution, UN2030,'' Sec.  172.101, 
Hazardous Materials Table (HMT).
    In the July 31, 2003 final rule, we revised the HMT entry 
``Hydrazine, aqueous solution, with more than 37% hydrazine, by mass,'' 
UN2030 by adding Packing Group I and III entries to the previously 
existing Packing Group II entry. In addition, the Packing Group II 
special provisions in Column (7) were revised. During the printing 
process, the bulk special provisions, with the exception of Special 
Provision 151, were inadvertently omitted in the HMT, in both the NPRM 
and the final rule. After publication of the final rule, the error was 
brought to our attention through an appeal submitted by Arch Chemicals. 
The appellant requested the addition of the following special 
provisions for ``Hydrazine, aqueous solution, with more than 37% 
hydrazine, by mass,'' UN2030: Packing Group I, B16, B53, T10, TP2, 
TP13; Packing Group II, B16, B53, IB2, T7, TP2, TP13; and Packing Group 
III, B16, B53, IB3, T4, TP1. We agree with the appellant, and these 
printing omissions are being corrected in this final rule.
    Arch Chemicals also requested that we submit a position paper to 
the UN Transport of Dangerous Goods Sub-Committee requesting revision 
of the UN Recommendations to align the T Codes assigned to ``Hydrazine, 
aqueous solution,'' UN2030 with the HMR T Codes. We submitted a 
position paper for consideration at the 24th session to amend the T 
codes as adopted in this final rule; however, a decision on the paper 
was deferred until the 25th session, which will be held in July 2004.
     Packaging Type Indication on Shipping Papers, Sec.  
172.202. In the July 31, 2003 final rule, we revised Sec.  
172.202(a)(6) by requiring the packaging type to be indicated on 
shipping papers by either the generic type (for example, ``drum'') or 
the specification number type (for example, ``UN 1A1''). We received 
appeals from ATA and TCA requesting that we revise this amendment by 
requiring the generic packaging type to be mandatory for indication on 
shipping papers and for the specification number packaging type to be 
optionally included in parentheses following the generic packaging 
type. For example, ``4 drums'' or ``4 drums (UN1A1).'' The Dangerous 
Goods Advisory Council (DGAC) also submitted a comment supporting this 
requested revision.
    The appellants state that the additional training that would be 
required to teach drivers to recognize specification number types would 
be costly and not practicable for the trucking industry and that the 
specification number types are not as easily recognizable as the 
generic type descriptions.
    In developing the final rule, our intent was to provide flexibility 
by authorizing the use of either type of packaging description. We did 
not intend to impose additional burdens for training employees to 
recognize the specification numbers for the types of packagings. After 
reviewing this information, we agree with the appellants and conclude 
that the more easily recognizable generic type descriptions are also 
valuable to emergency responders who may not be familiar with packaging 
specification numbers. We are not, however, specifying that the 
specification number packaging type must be in parentheses following 
the generic description as requested by the appellants. To provide for 
flexibility and for persons who are currently including the 
specification number without the parentheses, we are providing for the 
specification number to be included in the description without imposing 
a format (for example, ``12 drums,'' ``12 1H1 drums,'' or ``12 drums 
(1H1).'' Based on the merits of the information brought to our 
attention

[[Page 34605]]

through the appeals, we are revising paragraph (a)(6) to require a 
generic packaging type on shipping papers and to allow the 
specification number packaging type to be included in the description.
     Dicumyl Peroxide, Sec. Sec.  172.102 and 173.225.
    We received an appeal from GEO requesting revisions to the Dicumyl 
peroxide, UN3110 entries in the Sec.  172.102 Special Provision IB52 
Table and the Sec.  173.225 Organic Peroxide Table. In the Special 
Provision IB52 Table, the appellant requested that we add the 
previously authorized rigid plastic (31H1) and composite (31HA1) 
intermediate bulk containers (IBCs). The two types of IBCs were 
contained in Special Provision IB52, but were inadvertently omitted 
during the printing of the final rule. We are making the correction as 
requested.
    In the Sec.  173.225 Organic Peroxide Table, GEO questioned the 
accuracy of the Diluent B column entry, ``<=48,'' and suggested that it 
belonged in the Diluent I column for inert solids. We agree and are 
correcting the error as requested.
     Lithium Batteries and Cells, Sec.  173.185.
    We received an appeal from Argonne requesting a revision to Sec.  
173.185 to clarify that, except for passenger-carrying aircraft, large 
batteries packaged in accordance with paragraph (k) in that section may 
be transported by all other modes of transportation, and that for 
transport by cargo aircraft, the packaging must be approved by the 
Associate Administrator. The appellant stated that the wording of the 
last sentence in paragraph (k) appears to limit the packaging 
provisions to use by cargo aircraft only and fails to provide for use 
by highway, rail or vessel. We agree that the sentence is incorrect and 
are editorially revising the paragraph as requested.

III. Corrections and Revisions

Part 171

    Section 171.14. Paragraphs (d), (d)(1), and (d)(6) are revised as 
follows:
     Paragraphs (d) and (d)(1) are revised to reflect the 
publication of the amendments in this final rule.
     Paragraph (d)(6) is revised to clarify that it is the 
requirement in Sec.  172.202(a)(6) specific to the number and type of 
packages on shipping papers that will become mandatory on October 1, 
2007. In the July 31, 2003 final rule, we referred to the correct 
paragraph (a)(6), but used the wording ``total quantity,'' which was in 
error.

Part 172

    Section 172.101 Hazardous Materials Table (HMT). We are correcting 
entries in the HMT as follows:
     The entry ``Air bag inflators, or Air bag modules, or 
Seat-belt pretensioners,'' UN3268 is revised by correcting the Column 
(7) Special Provision entry ``166'' to read ``160,'' as discussed in 
the preamble in the July 31, 2003 final rule.
     The entry ``N,N-Dimethylcyclo-hexylamine,'' UN2264 is 
corrected to read ``N,N-Dimethylcyclohexylamine.'' The correction 
appears as a ``Remove/Add'' in this rulemaking.
     The entry ``Ethylene,'' UN1962 is revised to correctly 
align Columns (7) through (10B).
     The entry ``Hydrazine, aqueous solution, with more than 
37% hydrazine, by mass,'' UN2030 is corrected by adding the bulk 
special provisions for the three Packing Group entries. See the 
preamble discussion under ``Discussion and Resolution of Appeals'' in 
this final rule.
     For the Packing Group I entry for ``Hydrocarbons, liquid, 
n.o.s,'' UN3295, Column (7) is corrected by adding Special Provision 
144. During the printing process ``144'' was inadvertently omitted. 
Special Provision 144 was added to the entry in a final rule published 
April 18, 2003, under RSPA Docket No. 98-3554 (HM-213) (68 FR 19275).
     For the entry ``Organophosphorus compound, toxic, 
flammable, n.o.s.,'' UN3279, Columns (9A) and (9B) are corrected to 
read ``1 L'' and ``30 L,'' respectively. The typographical errors in 
the two quantity limitations occurred during the printing process.
     The entry ``Self-reactive liquid type F,'' UN3229 is 
revised by correcting the Column (8B) non-bulk packaging authorization 
section number ``114'' to read ``224.''
     The entry ``1,1,1-Trifluoroethane, compressed or 
Refrigerant gas, R143a,'' UN2035 is corrected by removing the word 
``compressed.'' The correction appears as a ``Remove/Add'' in this 
rulemaking. In the July 31, 2003 final rule (page 44995 of the Federal 
Register), we revised certain proper shipping names for compressed and 
liquefied gases that were incorporated into the Twelfth Edition of the 
UN Recommendations and during the process we overlooked ``1,1,1-
Trifluoroethane.'' For additional preamble discussion see Sec.  173.115 
(page 45004) of the July 31, 2003 Federal Register. Additionally, see 
Sec.  171.14(d)(5) (page 44994) for continued use authorization for 
including the word ``compressed'' until October 1, 2007.
    Section 172.102, Special Provisions 15, 132 and IB52. We are making 
corrections to Special Provisions 15 and 132, and to the Special 
Provision IB52 Table.
    In the July 31, 2003 final rule, we revised Special Provision 15 
for consistency with packagings authorized for limited quantity 
exceptions. The special provision is assigned to ``Chemical kits,'' 
UN3316 and ``First aid kits,'' UN3316. We also relocated the authorized 
packagings to Sec.  173.161. After publication of the final rule, we 
received comments that the third and fourth sentences in the special 
provision conflict with the provisions in Sec.  173.161. We agree that 
the sentences are in error and are removing them in this final rule.
    In the July 31, 2003 final rule, we revised Special Provision 132 
by adding the criteria for use of the special provision. In a 
subsequent minor editorial final rule (HM-189U) published on December 
31, 2003, the special provision text in effect prior to the July 31, 
2003 final rule was inadvertently added back into the regulatory text. 
We are correcting the error by reinstating the special provision as 
printed in the July 31, 2003 final rule.
    For discussion regarding Special Provision IB52, see the preamble 
discussion on Dicumyl peroxide under ``Discussion and Resolution of 
Appeals'' in this final rule.
    Section 172.202(a)(2). We revised paragraph (a)(2) in the July 31, 
2003 final rule to require 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. The 
provision authorizing the hazard class names (for example, 
``oxidizer'') to be entered following the numerical hazard class or 
following the basic description was removed. We received a comment from 
Wilbur-Ellis requesting that we reinstate the provision as an option. 
Wilbur-Ellis stated that the hazard class names are valuable from a 
safety perspective because they more easily identify the hazard of the 
material for certain emergency response personnel. We agree and, with 
the addition of new paragraph (a)(2)(iii) and minor reformatting of 
paragraph (a)(2), we are reinstating the provision into the HMR as an 
option for domestic transport.
    Section 172.202(a)(6). See earlier preamble discussion on packaging 
type indication on shipping papers under ``Discussion and Resolution of 
Appeals'' in this final rule.

[[Page 34606]]

Part 173

    Section 173.185. See earlier preamble discussion on lithium 
batteries and cells, under ``Discussion and Resolution of Appeals'' in 
this final rule.
    Section 173.225. See earlier preamble discussion on Dicumyl 
peroxide under ``Discussion and Resolution of Appeals'' in this final 
rule.

Part 178

    In the July 31, 2003 final rule, we revised paragraph (c)(1)(ii) to 
clarify the information that the packaging manufacturer and each 
subsequent distributor are required to provide to packaging users. 
After publication of the final rule, we received a comment from DGAC 
requesting the removal of references to Sec. Sec.  173.24 and 173.27. 
DGAC stated that the revision imposes an unreasonable and impossible 
burden on packaging manufacturers by requiring them to ensure that the 
packaging meets the general requirements in Sec. Sec.  173.24 and 
173.27. DGAC stated that such requirements are the responsibility of 
the offeror as stated in Sec. Sec.  173.24 and 173.27. Upon further 
consideration, we agree that the references to Sec. Sec.  173.24 and 
173.27 may impose an unintended and unwarranted burden on the packaging 
manufacturer and imply that responsibility for compliance with the 
requirements of these sections rests with the packaging manufacturer 
rather than the shipper. The requirements in Sec. Sec.  173.24, 173.24a 
and 173.27 are the responsibility of the shipper. A package that meets 
the performance requirements of Part 178 does not necessarily meet the 
general requirements of Part 173. The shipper must undertake additional 
steps to ensure that a hazardous material packaging that is purchased 
from a packaging manufacturer meets all of the applicable requirements. 
Therefore, on our own initiative we are removing the phrase ``and the 
general packaging requirements in Sec. Sec.  173.24 and 173.27 of this 
subchapter'' from the paragraph. To the extent that a packaging 
manufacturer represents a packaging as meeting a requirement of Sec.  
173.24, Sec.  173.27, or any other provision of the HMR, it should be 
noted that under the provisions of Sec.  171.2(c), the packaging 
manufacturer is held responsible for any misrepresentation.
    Additionally, we are retaining the last sentence which makes 
reference to the pressure differential requirements in Sec.  173.27. As 
discussed in the July 31, 2003 final rule, we agree that the shipper 
must determine that the package is suitable for the intended hazardous 
material to be transported; however, 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 not beyond the capability of the packaging manufacturer 
(see preamble discussion on page 45007 of the July 31, 2003 final 
rule).

V. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. This final rule is a non-significant 
rule under the Regulatory Policies and Procedures of the Department of 
Transportation [44 FR 11034]. The revisions adopted in this final rule 
do not alter the cost-benefit analysis and conclusions contained in the 
Regulatory Evaluation prepared for the July 31, 2003 final rule. The 
Regulatory Evaluation is available for review in the public docket for 
this rulemaking.

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), and (3) 
above and would preempt State, local, and Indian tribe requirements not 
meeting the ``substantively the same'' standard. 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 September 20, 2004.

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 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. Based 
on comments and appeals to the July 31, 2003 final rule that we 
received from industry and associations representing large and small 
entities, this final rule revises certain requirements in the HMR to 
correct or clarify provisions, and is generally intended to provide 
relief to shippers, carriers and packaging manufacturers, including 
small entities. Therefore, I certify that these amendments will not 
have a significant economic impact on a substantial number of small 
entities.
    Need for the final rule. This final rule addresses appeals to a 
final rule published July 31, 2003, which harmonized certain 
requirements in the HMR with recently adopted

[[Page 34607]]

international transportation standards. RPSA's rulemaking procedures 
permit affected persons to appeal agency final rules if compliance with 
the final rule is not practical, reasonable, or in the public interest. 
49 CFR 106.115.
    Description of Actions. In this final rule, we are correcting a 
number of the provisions adopted in the July 31, 2003 final rule. The 
corrections are necessary to address inadvertent errors and omissions 
and printing mistakes and to clarify certain of the provisions adopted 
in the July 31, 2003 final rule. Further, we are permitting shippers 
additional flexibility in preparing shipping papers by reinstating a 
provision that permits inclusion of hazard class names following the 
basic shipping description. As well, we are revising the provision for 
inclusion of package type on a shipping paper to permit use of generic 
names for package types while permitting inclusion of the packaging 
specification as an option. Finally, we are clarifying that 
responsibility for compliance with the general packaging requirements 
in Sec. Sec.  173.24 and 173.37 rests with the shipper, not the 
packaging manufacturer.
    Identification of potentially affected small entities. Businesses 
likely to be affected by the final rule are persons who offer for 
transportation or transport hazardous materials in commerce, including 
hazardous materials manufacturers and distributors; transportation 
companies, including air, highway, rail, and vessel carriers; hazardous 
waste generators; and container and packaging manufacturers.
    Unless alternative definitions have been established by the agency 
in consultation with the Small Business Administration (SBA), the 
definition of ``small business'' has the same meaning as under the 
Small Business Act. Since no such special definition has been 
established, we employ the thresholds published by SBA for 
establishments that will be subject to this final rule. Based on data 
for 1997 compiled by the U.S. Census Bureau, it appears that upwards of 
95 percent of persons affected by this final rule are small businesses. 
These entities would incur no increased costs to comply with the 
provisions of this final rule. Rather, the final rule permits these 
entities additional flexibility to comply with its requirements.
    Reporting and recordkeeping requirements. This final rule includes 
no new requirements for reporting or recordkeeping.
    Related Federal rules and regulations. There are no related Federal 
rules or regulations governing the transportation of hazardous 
materials in domestic or international commerce.
    Alternate proposals for small businesses. The Regulatory 
Flexibility Act directs agencies to establish exceptions and differing 
compliance standards for small businesses, where it is possible to do 
so and still meet the objectives of applicable regulatory statutes. In 
the case of hazardous materials transportation, it is not possible to 
establish exceptions or differing standards and still accomplish our 
safety objectives.
    This final rule was developed under the assumption that small 
businesses make up the overwhelming majority of entities that will be 
subject to its provisions. Thus, the final rule provides additional 
flexibility for compliance with its provisions, including alternatives 
for compliance and extended compliance periods.
    Conclusion. We conclude that while this final rule applies to a 
substantial number of small entities, there will not be a significant 
economic impact on those small entities. There are no new compliance 
costs associated with the proposals in this final rule.
    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

    This final rule does not impose new information collection 
requirements.

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 
$120.7 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. The environmental assessment prepared 
for the July 31, 2003 final rule can be found in the public docket for 
this rulemaking. The revisions adopted in this final rule do not alter 
the conclusions contained in the environmental assessment. There are no 
significant environmental impacts associated with this final rule.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.


0
In consideration of the foregoing, amend 49 CFR Chapter I 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.  171.14, paragraphs (d) introductory text, (d)(1) and (d)(6) 
are revised 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, as amended in a final rule published 
in the Federal Register on June 22, 2004, effective June 22, 2004, 
resulted in revisions to this subchapter. During the transition period, 
until October 1, 2004, as provided in paragraph (d)(1) of this

[[Page 34608]]

section, a person may elect to comply with the applicable requirements 
of this subchapter in effect on September 30, 2003.
    (1) Transition dates. The effective date of the final rule 
published on July 31, 2003 is October 1, 2003 and the effective date of 
the final rule published on June 22, 2004 is June 22, 2004. Delayed 
compliance is authorized until October 1, 2004. Unless otherwise 
specified, on October 1, 2004, all applicable regulatory requirements 
adopted in these final rules must be met.
* * * * *
    (6) Section 172.202(a)(6) requires the number and types of packages 
to be indicated on shipping papers. Until October 1, 2007, a person may 
elect to comply with the requirements for the number and type of 
packages in effect on September 30, 2003.
* * * * *

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

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

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


0
4. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing, adding and revising, in the appropriate alphabetical 
sequence, the following entries to read as follows:

[[Page 34609]]



                                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                 (8) Packaging (Sec.   173.* * *)            (9) Quantity limitations           (10) Vessel stowage
                     materials and      Hazard      Identification                                            Special    ---------------------------------------------------------------------------------------------------------------
     Symbols        proper shipping    class or        numbers              PG            Label codes       provisions                                                       Passenger      Cargo  air-
                         names         division                                                                             Exceptions       Non-Bulk          Bulk        aircraft/rail    craft only       Location          Other
(1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
-----------------
 
                                                                                                              * * * * * * *
[REMOVE:]
                  N,N-                         8  UN2264...........  II.............  8,3...............  B2, IB2, T7,    154...........  202...........  243...........  1L............  30 L..........  A.............  40
                   Dimethylcyclohexy                                                                       TP2.
                   lamine.
                  1,1,1-                     2.1  UN2035...........  ...............  2.1...............  T50...........  306...........  304...........  314, 315......  Forbidden.....  150 kg........  B.............  40
                   Trifluoroethane,
                   compressed or
                   Refrigerant gas,
                   R143a.
 
                                                                                                              * * * * * * *
[ADD:]
 
                                                                                                              * * * * * * *
                  N,N-                         8  UN2264...........  II.............  8,3...............  B2, IB2, T7,    154...........  202...........  243...........  1 L...........  30 L..........  A.............  40
                   Dimethylcyclohexy                                                                       TP2.
                   lamine.
 
                                                                                                              * * * * * * *
                  1,1,1-                     2.1  UN2035...........  ...............  2.1...............  T50...........  306...........  304...........  314, 315......  Forbidden.....  150 kg........  B.............  40
                   Trifluoroethane
                   or Refrigerant
                   gas, R143a.
 
                                                                                                              * * * * * * *
[REVISE:]
 
                                                                                                              * * * * * * *
                  Air bag inflators,           9  UN3268...........  III............  9.................  160...........  166...........  166...........  166...........  25 kg.........  100 kg........  A.............  ..............
                   or Air bag
                   modules, or Seat-
                   belt
                   pretensioners.
 
                                                                                                              * * * * * * *
                  Ethylene..........         2.1  UN1962...........  ...............  2.1...............  ..............  306...........  304...........  302...........  Forbidden.....  150 kg........  E.............  40
 
                                                                                                              * * * * * * *
                  Hydrazine aqueous            8  UN2030...........  I..............  8, 6.1............  151, B16, B53,  None..........  201...........  243...........  Forbidden.....  2.5 L.........  D.............  40
                   solution with                                                                           T10, TP2,
                   more than 37%                                                                           TP13.
                   hydrazine, by
                   mass.
                                                                     II.............  8, 6.1............  B16, B53, IB2,  None..........  202...........  243...........  Forbidden.....  30 L..........  D.............  40
                                                                                                           T7, TP2, TP13.
                                                                     III............  8, 6.1............  B16, B53, IB3,  154...........  203...........  241...........  5 L...........  60 L..........  D.............  40
                                                                                                           T4, TP1.
 
                                                                                                              * * * * * * *
                  Hydrocarbons,                3  UN3295...........  I..............  3.................  144, T11, TP1,  150...........  201...........  243...........  1 L...........  30 L..........  E.............  ..............
                   liquid, n.o.s.                                                                          TP8.
 

[[Page 34610]]

 
                                                                                                              * * * * * * *
                  Organophosphorus           6.1  UN3279...........  I..............  6.1, 3............  5, T14, TP2,    None..........  201...........  243...........  1 L...........  30 L..........  B.............  40
                   compound, toxic,                                                                        TP13, TP27.
                   flammable, n.o.s.
 
                                                                                                              * * * * * * *
                  Self-reactive              4.1  UN3229...........  II.............  4.1...............  T23...........  None..........  224...........  None..........  10 L..........  25 L..........  D.............  61
                   liquid type F.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 34611]]

* * * * *

0
5. In Sec.  172.102:
0
a. In paragraph (c)(1), Special Provisions 15 and 132 are revised, and
0
b. In paragraph (c)(4), in Table 2, IBC Code IB52 is revised to 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. 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.
* * * * *
    132 This entry may only be used for uniform, ammonium nitrate-base 
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 (IBR, see Sec.  171.7 of this subchapter), not to be liable to 
self-sustaining decomposition.
* * * * *
    (4) * * *

                                   Table 2.--Organic Peroxide IBC Code (IB52)
----------------------------------------------------------------------------------------------------------------
                                                                   Maximum quantity      Control      Emergency
            UN no.               Organic peroxide   Type of IBC        (liters)        temperature   temperature
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
REVISE:
                                                  * * * * * * *
3110..........................  Dicumyl peroxide,  31A                          2000
                                 less than or      31H1
                                 equal to 100%.    31HA1
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
6. In Sec.  172.202, paragraph (a)(2) is revised; paragraphs (a)(2)(i), 
(a)(2)(ii), and (a)(2)(iii) are added; and paragraph (a)(6) is revised 
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.  172.202 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.
    In addition--
    (i) The words ``Class'' or ``Division'' may be included preceding 
the primary and subsidiary hazard class or division numbers.
    (ii) The hazard class need not be included for the entry 
``Combustible liquid.''
    (iii) For domestic shipments, primary and subsidiary hazard class 
or division names may be entered following the numerical hazard class 
or division or following the basic description. For example, ``Oxygen, 
compressed, 2.2 (non-flammable, non-poisonous compressed gas), 5.1 
(oxidizer), UN1072,'' or ``Oxygen, compressed, 2.2, 5.1, UN1072, (non-
flammable, non-poisonous compressed gas) (oxidizer)'';
* * * * *
    (6) The number and type of packages must be indicated. The type of 
packages must be indicated by description of the package (for example, 
``12 drums''). Indication of the packaging specification number 
(``1H1'') may be included in the description of the package (for 
example, ``12 1H1 drums'' or ``12 drums (UN 1A1).'' Abbreviations may 
be used for indicating packaging types (for example, ``cyl.'' for 
``cylinder'') provided the abbreviations are commonly accepted and 
recognizable.
* * * * *

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

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

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


0
8. In Sec.  173.185, in paragraph (k), the last sentence is revised to 
read as follows:


Sec.  173.185  Lithium batteries and cells.

* * * * *
    (k) * * * Batteries packaged in this manner are not permitted for 
transportation by passenger aircraft, and may be transported by cargo 
aircraft only if approved by the Associate Administrator prior to 
transportation.

0
9. In Sec.  173.225, in the Organic Peroxide Table, the entry 
``ADicumyl peroxide, UN3110'' is revised to read as follows:


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

* * * * *

[[Page 34612]]



                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Diluent (mass %)                                      Temperature
                                                                    ------------------------                                   ([deg]C)
          Technical name               ID  number     Concentration                            Water     Packing method  --------------------    Notes
                                                         (mass %)       A       B       I     mass %)
                                                                                                                          Control  Emergency
(1)                                 (2)                       (3)      (4a)    (4b)    (4c)       (5)  (6)..............     (7a)      (7b)          (8)
-----------------------------------
 
                                                                      * * * * * * *
[REVISE:]
                                                                      * * * * * * *
Dicumyl peroxide..................  UN3110                >52-100    ......  ......    <=48  ........  OP8, IBC, Bulk...  .......  .........   9, 11, 14
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
10. The authority citation for Part 178 continues to read as follows:

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

0
11. In `` 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. 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 sold or 
represented as being in conformance with the requirements of this 
subchapter applicable to 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 `` 173.27 of this subchapter.
* * * * *

    Issued in Washington, DC on June 3, 2004 under authority 
delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 04-12992 Filed 6-21-04; 8:45 am]
BILLING CODE 4910-60-P