[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Proposed Rules]
[Pages 52070-52138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19952]



[[Page 52069]]

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

Part II





Department of Transportation





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



Pipeline and Hazardous Materials Safety Administration



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



49 CFR Parts 171, 172, 173, et al.



Hazardous Materials: Harmonization With the United Nations 
Recommendations, International Maritime Dangerous Goods Code, and the 
International Civil Aviation Organization Technical Instructions for 
the Safe Transport of Dangerous Goods by Air; Proposed Rule

  Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / 
Proposed Rules  

[[Page 52070]]


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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket Nos. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE45


Hazardous Materials: Harmonization With the United Nations 
Recommendations, International Maritime Dangerous Goods Code, and the 
International Civil Aviation Organization Technical Instructions for 
the Safe Transport of Dangerous Goods by Air

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations 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. 
These revisions are necessary to harmonize the Hazardous Materials 
Regulations with recent changes made to the International Maritime 
Dangerous Goods Code, the International Civil Aviation Organization's 
Technical Instructions for the Safe Transport of Dangerous Goods by 
Air, and the United Nations Recommendations on the Transport of 
Dangerous Goods--Model Regulations.

DATES: Comments must be received by October 25, 2010.

ADDRESSES: You may submit comments by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Management System; U.S. Department of Transportation, 
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC 20590-0001.
    Hand Delivery: To U.S. Department of Transportation, Dockets 
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through 
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2009-
0126 (HM-215K) or RIN 2137-AE45 for this rulemaking at the beginning of 
your comment. Note that all comments received will be posted without 
change to http://www.regulations.gov including any personal information 
provided. If sent by mail, comments must be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477), or you 
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at 
http://www.regulations.gov or in person at the Docket Operations office 
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Michael Stevens, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, or Shane Kelley, 
International Standards, telephone (202) 366-0656, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC 
20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background
II. ANPRM
III. Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environment Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    In a final rule published December 21, 1990 (Docket HM-181; 55 FR 
52402), the Research and Special Programs Administration (RSPA), the 
predecessor agency to the Pipeline and Hazardous Materials Safety 
Administration (PHMSA), comprehensively revised the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171 to 180) to harmonize U.S. hazardous 
materials transportation requirements with the United Nations 
Recommendations on the Transport of Dangerous Goods (UN Model 
Regulations). The UN Model Regulations are not regulations, but rather 
are recommendations issued by the UN Committee of Experts on the 
Transport of Dangerous Goods (UNSCOE) and the Globally Harmonized 
System of Classification and Labeling of Chemicals (GHS). These Model 
Regulations are amended and updated biennially by the UNSCOE and serve 
as the basis for national, regional, and international modal 
regulations, including the International Maritime Organization's 
International Maritime Dangerous Goods Code (IMDG Code) and 
International Civil Aviation Organization Technical Instructions (ICAO 
TI) for the Transport of Dangerous Goods by Air.
    Since publication of the 1990 rule, we have issued eight additional 
international harmonization rules (Dockets HM-215A, 59 FR 67390; HM-
215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E, 
68 FR 44992; HM-215G, 69 FR 76044; HM-215I, 71 FR 78595; and HM-215J, 
74 FR 2200) based on the corresponding biennial updates of the UN Model 
Regulations, the IMDG Code, and the ICAO TI.
    To maintain alignment of the HMR with international requirements, 
in this NPRM, we are proposing to incorporate changes based on the 
Sixteenth revised edition of the UN Model Regulations, Amendment 35-10 
to the IMDG Code, and the 2011-2012 ICAO TI, which becomes effective 
January 1, 2011 (the IMDG Code is effective January 1, 2012).
    Federal law and policy strongly favor the harmonization of domestic 
and international standards for hazardous materials transportation. The 
Federal hazardous materials transportation law (Federal hazmat law; 49 
U.S.C. 5101 et seq.) permits PHMSA to depart from international 
standards in order to promote safety or other overriding public 
interest, but otherwise requires PHMSA to align the HMR with 
international transport standards and requirements to the extent 
practicable (see 49 U.S.C. 5120). Harmonization facilitates 
international trade by minimizing the costs and other burdens of 
complying with multiple or inconsistent safety requirements for 
transportation of hazardous materials to and from the United States and 
becomes increasingly important as the volume of hazardous materials 
transported in

[[Page 52071]]

international commerce grows. By facilitating compliance, harmonization 
also tends to enhance safety for international movements, but only if 
the international standards themselves provide an appropriate level of 
safety. To that end, PHMSA actively participates in the development of 
international standards for the transportation of hazardous materials, 
frequently advocating the adoption in international standards of 
particular HMR requirements.
    When considering the adoption of international standards under the 
HMR, we review and evaluate each amendment on its own merit, on the 
basis of its overall impact on transportation safety, and the economic 
implications associated with its adoption into the HMR. Our goal is to 
harmonize without diminishing the level of safety currently provided by 
the HMR and without imposing undue burdens on the regulated public.

II. ANPRM

    On October 21, 2009, PHMSA published an advance notice of proposed 
rulemaking (ANPRM; 74 FR 53982) highlighting issues under consideration 
for harmonization with international standards and requesting comments 
as to whether the HMR should be amended to incorporate specific 
international standards and the potential benefits and costs of doing 
so. The following companies and organizations submitted comments in 
response to the ANPRM:
    (1) Institute of Makers of Explosives (IME; PHMSA-2009-0126-0003);
    (2) United Parcel Service (UPS; PHMSA-2009-0126-0005);
    (3) Sporting Arms and Ammunition Manufacturers' Institute (SAAMI; 
PHMSA-2009-0126-0006);
    (4) Dangerous Goods Advisory Council (DGAC; PHMSA-2009-0126-0007);
    (5) Reusable Industrial Packaging Association (RIPA; PHMSA-2009-
0126-0008);
    (6) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2009-0126-
0009);
    (7) U.S. Fuel Cell Council (USFCC; PHMSA-2009-0126-0010);
    (8) The Council on Safe Transportation of Hazardous Articles, Inc. 
(COSTHA; PHMSA-2009-0126-0011);
    (9) Federal Express (FedEx; PHMSA-2009-0126-0012);
    (10) American Petroleum Institute (API; PHMSA-2009-0126-0013);
    (11) American Coatings Association, Inc. (ACA; PHMSA-2009-0126-
0014);
    (12) PPG Industries, Inc. (PPG; PHMSA-2009-0126-0016);
    (13) E.I. DuPont de Nemours and Company (DuPont; PHMSA-2009-0126-
0018);
    (14) The Alliance of Special Effects and Pyrotechnics Operators, 
Inc. (ASEPO; PHMSA-2009-0126-0020).
    Comments on specific harmonization issues are discussed below.

A. Classification of Sour Crude Oil

    Transportation of sour crude oil may pose risks due to its inherent 
potential of evolving hydrogen sulfide, a highly toxic and flammable 
gas. Sour crude oil, commonly found in North America, contains a high 
concentration of sulfur. The evolution of hydrogen sulfide vapors from 
crude oil is dependent on temperature, packaging confinement, transport 
conditions (e.g., sloshing), bacteria, and sulfur concentration, among 
many other potential factors. Based on the risk of toxic vapors, the UN 
Model Regulations were amended by assigning a new identification number 
and shipping description for sour crude oil with a flammable primary 
hazard and a toxic subsidiary hazard. Additionally, a new special 
provision was added specifying the assignment of a Packing Group (PG) 
based on the degree of danger presented by either the flammability or 
toxicity hazard of the sour crude oil. For example, sour crude oil 
meeting flammability criteria for Class 3, PG II, and toxicity criteria 
for Division 6.1, PG I, poisonous-by-inhalation, would be classified as 
a Class 3, PG I material.
    In the ANPRM, PHMSA invited commenters to provide data and 
information concerning the impact on domestic shippers and carriers if 
these requirements are adopted in the HMR. The agency also asked for 
comments addressing which hazard communication methods (e.g., package 
markings, shipping papers) and/or packaging requirements are most cost-
effective for communicating the hazards and reducing the risks of 
transporting sour crude oil.
    We received two comments (API, DGAC) opposing adoption of the UN 
amendments for the description and classification of sour crude oil 
into the HMR. DGAC recommends against requiring domestic use of the new 
proper shipping name for sour crude oil with a Division 6.1 subsidiary 
risk and recommends that use be limited to international transport. The 
DGAC states:

    [T]he new [proper shipping name] would introduce 
impracticalities into the collection and transport of crude oil * * 
* Crude oil carriers, who currently use flammable liquid placards 
displaying UN1267 and who typically use permanent shipping papers, 
would now be required to assess the inhalation hazard of each crude 
oil batch they transport and switch to other placards and shipping 
papers based on their assessment. In addition, Sec.  173.244 would 
suggest that some of these crude oils with a Division 6.1 subsidiary 
risk would be required to be transported in higher integrity bulk 
packagings. We consider this highly inappropriate. The concentration 
of [hydrogen sulfide] in the liquid crude oil phase under 
classification conditions will not predict the hydrogen sulfide 
concentration in the headspace during transport. It is not possible 
to use existing UN classification criteria for [D]ivision 6.1 in 
classifying crude oils as inhalation hazard substances or assigning 
the packing group. We also noted that classification on the basis of 
the possible evolution of [hydrogen sulfide] vapors is unprecedented 
and that there are other substances with the potential to evolve 
hydrogen sulfide vapors * * * Exposure to high concentrations of 
[hydrogen sulfide] is most likely when the cargo tank truck is 
opened or when a tank is reloaded * * * The hazard is essentially a 
workplace hazard. For purposes of the HMR, DGAC recommends limiting 
the provisions to cargo tank truck [loading and unloading] 
operations.

    DGAC recommends that PHMSA require drivers engaged in the loading 
and unloading of sour crude oil to wear a hydrogen sulfide monitoring 
device and have respiratory protection accessible, and require warning 
signs at the cargo tank manhole and area of operation.
    In its comments, API recognizes that hydrogen sulfide is a hazard, 
but suggests that classification of crude oil at the time of shipment 
may not reflect the toxicity of hydrogen sulfide in the vapor space of 
a cargo tank or other packaging after the crude oil has been in 
transportation. API also notes that there are best industry practices 
already in place. API states:

    [C]reation of a new classification scheme with the addition of a 
new [proper shipping name] for sour crude oil, and leaving the 
current classification and [proper shipping name] for ``other'' 
crude oils, will increase risks at this time, DOT should not 
harmonize the HMR with the new amendments in the UN Model 
Regulations regarding classification of sour crude. Before changing 
the HMR, criteria for sour crude should be defined and a valid test 
methodology should be developed * * * the occurrence of hazardous 
levels of [hydrogen sulfide] cannot be predicted from the liquid 
state [of crude oil]. Safe transport of these materials * * * is 
best accomplished through training, proper handling procedures, 
monitoring, and use of proper personal protective equipment, and not 
a separate identification number, shipping description, or packing 
group for sour crude oils * * * Until an accurate and accepted 
method for predicting [hydrogen sulfide] evolution [into the vapor 
space of packaging] and a corresponding toxicity and

[[Page 52072]]

hazard during transport is available. * * * The U.S. government 
should not propose adoption of the [UN] classification scheme in the 
HMR.

    API adds that the Occupational Safety and Health Administration 
(OSHA) has requirements in place to communicate the hazards of hydrogen 
sulfide in the workplace. API supports other means of hazard 
communication to ensure that workers are aware of the hazards of 
hydrogen sulfide such as a marking on a bulk packaging.
    Currently, petroleum crude oil is listed as a Class 3 flammable 
liquid in the Sec.  172.101 Hazardous Materials Table (HMT). PHMSA is 
aware that, in some instances, petroleum crude oil may evolve hydrogen 
sulfide gas, a toxic-by-inhalation material. When transported in bulk 
packagings such as cargo tanks, the evolved hydrogen sulfide gas may 
build up in the vapor space of the packaging, posing a potential risk, 
in particular, during loading and unloading. The following table 
illustrates the dangerous effects of hydrogen sulfide gas exposure to 
humans:

                Effects of Hydrogen Sulfide on Humans \1\
------------------------------------------------------------------------
                     Effect                        Concentration (ppm)
------------------------------------------------------------------------
Detectable odor................................                      0.2
Maximum allowable concentration for daily 8-                          20
 hour exposure.................................
Eye and respiratory irritation.................                       50
Olfactory nerve paralysis......................                      150
Exposure may cause pulmonary edema.............                      250
Systemic symptoms occur in \1/2\ hour..........                      500
Quickly unconscious; death without rescue......                      750
Rapid collapse; respiratory paralysis..........                    1,000
Immediate death................................                    5,000
------------------------------------------------------------------------

    The agency agrees with the commenters that a new proper shipping 
name is not necessary and that there are more cost-effective ways to 
communicate the potential inhalation hazard risk to transport workers. 
Therefore, in this NPRM, PHMSA proposes to include the new proper 
shipping name in the UN Model Regulations--``Petroleum sour crude oil, 
flammable, toxic''--with the letter ``I'' in Column (1) of the HMT 
indicating that this description may be used for international 
transportation. However, PHMSA is not proposing to require use of the 
new proper shipping name for domestic transportation. Additionally, 
PHMSA is proposing a new marking be applied to bulk packagings 
containing sour crude in order to communicate the potential inhalation 
risk in transportation. See Section 172.327 for a discussion of 
proposed marking requirements.
---------------------------------------------------------------------------

    \1\ References: Milby T. Baselt R. Hydrogen sulfide poisoning. 
Clarification of some controversial issues. Am J Ind Med. 1999; 35: 
192-195. Beauchamp R, Bus J, Popp J, Boreiko C, Andjelkovich D. A 
critical review of the literature on hydrogen sulfide toxicity. CRC 
Crit Rev Toxicol. 1984; 13:25-97. Deng J. Hydrogen sulfide. In: 
Sullivan J, Kreiger G, eds. Hazardous Materials Toxicology: Clinical 
Principles of Environmental Health. Baltimore: Williams and Wilkins; 
1997: 711-717. National Institute for Occupational Safety and 
Health. Criteria for a Recommended Standard for Occupational 
Exposure to Hydrogen Sulfide. Washington, DC: U.S. Government 
Printing Office; 1977: 23. DHEW (NIOSH) Publication No. 77-158.
---------------------------------------------------------------------------

B. Classification of Division 1.4S Explosives

    For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441, 
UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations 
have been amended to require a Type 6(d) test to determine whether an 
article may be assigned to Compatibility Group S. The test is performed 
on a single package containing an explosive substance or explosive 
article to determine if the package is capable of containing any 
hazardous effects in the event of an accidental initiation or ignition 
of its contents. The amendments include revisions to the explosives 
testing standards in the UN Manual of Tests and Criteria and include a 
new special provision that would allow the use of the above mentioned 
identification numbers only if the results of test Type 6(d) 
successfully demonstrate that any hazardous effects are confined within 
a package. In the ANPRM, we invited commenters to provide data and 
information concerning the possible safety impacts of the new test 
provisions and compliance costs that would be incurred if the new test 
is adopted in the HMR. In addition, we invited commenters to provide 
suggestions or recommendations concerning whether to apply the test to 
already-approved explosives.
    We received several comments both supporting (COSTHA, DGAC, and 
IME) and opposing (ASEPO and SAAMI) adoption of the Type 6(d) test to 
determine whether a Division 1.4 explosive article may be assigned to 
Compatibility Group S. All the commenters who addressed this issue 
indicate that, if adopted, the test must be applied to previously-
approved articles in a manner that is reasonable and not overly broad. 
A suggestion by both DGAC and IME is to allow the classification of 
previously-approved explosive articles to be based on results of 
testing of product groups by a PHMSA-approved laboratory or based on 
results of self-testing and video documentation by the manufacturer.
    Concerning compliance costs, IME states:

    [D]epending upon the laboratory, the cost of performing the test 
will range from $1,000 to $5,000 per article tested. This estimate 
includes the cost of samples consumed in testing, the cost of 
transporting those samples to the laboratory, and the cost of set 
up, performance, and evaluation of the test. In the case of already 
approved explosives, if self-testing is allowed, the cost per 
article tested might be somewhat reduced. Also, the cost of the test 
will be influenced by the extent to which testing is required * * * 
If the current practice of family classifications is maintained, 
where ``worst-case'' representative samples are allowed for 
evaluation of groups of similar articles, the number of tests and 
the cost of those tests will be reduced.

    ASEPO and SAAMI oppose adoption of the Type 6(d) test. SAAMI 
suggests that more research on the practical effect of this testing 
requirement is necessary and that the lack of grandfathering criteria 
for products already approved as Division 1.4S explosives (e.g., power 
device cartridges) is impractical, expensive, and impedes commerce. 
Concerning compliance costs, ASEPO states:

    [O]ur organization has contacted all the authorized laboratories 
regarding the cost of conducting the testing. While the ``several 
thousand dollars'' figure for testing alone often associated with 
discussions of such inquiries is not inaccurate, it is important to 
note that we also received a detailed proposal

[[Page 52073]]

from one laboratory for $10,000 and one for $13,000 for this [Type 
6(d)] test.

    ASEPO also indicates concern regarding the cost of articles 
consumed in testing in addition to the cost of pre-testing or redesign 
of an article by a manufacturer to ensure passing the Type 6(d) test, 
but did not quantify these costs.
    While PHMSA understands that additional required tests usually 
result in increased research and development costs, we believe there is 
merit to additional required tests when there is a credible and 
measureable increase in safety. Consequently, PHMSA proposes to require 
the incremental testing of all new and previously approved designs, 
depending on the intended mode of transport, under the newly adopted 
criteria for those affected articles expected to obtain or retain a 
Division 1.4S classification. For newly produced explosive articles, a 
person who successfully performs the Type 6(d) test would not be 
required to also perform the Type 6(a) test. PHMSA believes such 
initiatives will greatly reduce research and development costs without 
compromising safety.
    In this NPRM, PHMSA proposes to require the Type 6(d) test as 
prescribed in Section 16.7 of the Fifth revised edition of the UN 
Manual of Tests and Criteria in the new Sec.  172.102(c)(1), Special 
provision 347. PHMSA is proposing that for affected articles intended 
for transportation by aircraft, the effective date of this new 
requirement is April 1, 2011. If a manufacturer or approval holder of 
affected articles that previously classed and approved an article as 
Division 1.4S chooses to continue offering such shipments by aircraft, 
the articles must be successfully tested under Test Series 6(d) and a 
new approval obtained from PHMSA. Additionally, a previously classed 
and approved Division 1.4S article that is not successfully tested 
under Test Series 6(d) must be assigned to a compatibility group other 
than ``S'' (e.g., B, C, or D) prior to the April 1, 2011 effective date 
if intended for transportation by aircraft on or after that date. PHMSA 
is also proposing that the effective date of testing to maintain 
Division 1.4S classification or reclassification to a higher 
compatibility group other than ``S'' is no later than January 1, 2014 
for Division 1.4S articles approved prior to January 1, 2012 and are 
intended for domestic highway or rail transportation. For previously-
approved affected articles transported by highway, rail and vessel, 
reclassification to a compatibility group other than ``S'' may be 
accomplished by using existing data and when recommended by an 
authorized examination and testing agency approved by PHMSA. For 
international highway, rail and vessel transportation, the proposed 
effective date of Type 6(d) testing requirements or reclassification 
for new and previously produced affected articles is January 1, 2012 
(i.e., the compliance date of a final rule under this docket, if 
adopted as proposed).

C. IBC Rebottling

    Under both the UN Model Regulations and the HMR, replacement of the 
rigid plastic receptacle of a composite IBC is considered a ``repair'' 
under certain conditions and, thus, not subject to design qualification 
testing as a new or different design. The UN Model Regulations were 
amended to specify that a replacement bottle (i.e., rigid plastic 
receptacle) must be of the original tested design type and limits the 
replacement to a bottle from the original manufacturer. In the ANPRM, 
we invited comments on this amendment and how, if adopted in the HMR, 
it would impact the use of IBCs in domestic or international commerce.
    All commenters who addressed this issue (DGAC, DuPont, and RIPA) 
support the adoption of the UN Model Regulations definition of 
``repair'' for IBC rebottling purposes. The comments include a request 
for an extended compliance date of January 1, 2012, to provide users 
and manufacturers of composite IBCs adequate time to implement the 
provision and not place them at an economic disadvantage with 
international counterparts. In this NPRM, we are proposing to adopt the 
revised definition of ``repair'' for composite IBCs consistent with 
international standards. Additionally, to address commenter concern, 
PHMSA reminds them of the proposed compliance date of a final rule 
under this docket would be no earlier than January 1, 2012. See Section 
180.350 for a discussion of the proposed revision.

D. Limited Quantities and Consumer Commodities

    PHMSA has long recognized the need to authorize limited exceptions 
for the transportation of certain hazardous materials described as 
limited quantities or consumer commodities. Considerable efforts have 
recently been made internationally to harmonize multi-modal standards 
with regard to the transport of limited quantities, including consumer 
commodities. PHMSA held public meetings on this issue in February, 2006 
and March, 2008 to discuss potential impacts on domestic stakeholders. 
Additionally, this issue was discussed during the agency's pre-UN 
public meetings held in 2006 and 2007. There was considerable domestic 
interest in pursuing further harmonization internationally due to the 
potential for substantial savings in transportation costs and improved 
transportation efficiency. In the ANPRM, PHMSA invited comments on this 
issue with regard to aligning the HMR with the UN Model Regulations for 
the domestic and international transport of limited quantities and 
consumer commodities. Of particular concern, was any potential negative 
impact on the domestic transportation of hazardous materials reclassed 
as Consumer commodity, ORM-D. While some changes adopted in the UN 
Model Regulations are similar to those currently in the HMR (e.g., 
inner packaging limits and authorized use of non-specification outer 
packagings), some changes are not (e.g., marking, labeling and package 
gross mass). PHMSA suggested that, depending on comments received and 
our own evaluation, the agency may determine that the significance of 
any amendments on this issue may warrant a separate rulemaking action.
    We received several comments (ACA, AHS, COSTHA, DGAC, DuPont, 
FedEx, PPG, SAAMI, and UPS) supporting adoption of the UN Model 
Regulation limited quantity provisions into the HMR. UPS urges PHMSA to 
move to adopt the Limited Quantity provisions as contained in the UN 
Model Regulations, stating:

    [B]y * * * phasing out the current provisions of 49 CFR on a 
well-publicized schedule, PHMSA will improve the general 
understanding * * * [I]t is the understanding of UPS that PHMSA may 
be contemplating replacement of the current ORM-D classifications 
with the Limited Quantity provisions of the UN Model Regulations. 
UPS supports such a change * * * The U.S. is unique in its use of 
the ORM-D classification; other countries do not always recognize 
the meaning of the ORM-D marking, which means that packages intended 
for global commerce must be marked in more than one way. While PHMSA 
has held that such dual (or multiple) markings are authorized, 
multiple markings complicate hazard communication and have the 
potential to confuse both shipper and carrier personnel.
    AHS adds:
    To cut back to one system, using one mark, without shipping 
documents and descriptions for each separate inner receptacle, would 
enhance compliance and comprehension throughout the transportation 
system.

    However, several commenters (ACA, DGAC, DuPont, and SAAMI) express 
concern that this should not be done at

[[Page 52074]]

the expense of the ORM-D provisions currently in the HMR. ACA opposes 
the elimination of the existing provisions for ORM-D materials as part 
of HM-215K and recommends that any changes to the requirements be made 
through a separate rulemaking. SAAMI states:

    [SAAMI] welcome[s] changes to the Limited Quantities (LQ) system 
which will reduce the regulatory burden for lower hazard products in 
consumer sized packages * * * and government and industry need time 
to use the new system and work out any bugs. If in the future LQ is 
shown to have all the benefits of ORM-D, then ORM-D can be phased 
out. Meanwhile, the ORM-D system in the US should remain unchanged.
    DGAC notes:
    [S]ome items eligible for ORM-D classification are not permitted 
as limited quantities (e.g., small arms ammunition). In addition, we 
note that ORM-D provisions in Sec.  173.156 important to retail sale 
of consumer commodities are not applicable to limited quantities of 
hazardous materials. We also note that the US Postal Service 
regulations allow some ORM-D materials to be transported by mail. 
Eliminating ORM-D provisions could adversely impact use of the mail 
for packages of some ORM-D materials (e.g., recycling of small spent 
fuel cell devices).

    PHMSA believes that aligning the existing limited quantity 
provisions in the HMR with the international standards will 
substantially enhance safety. The agency emphasizes that the proposals 
in this NPRM do not include the immediate or short-term removal of the 
existing ``limited quantity'' provisions in the HMR (including Consumer 
commodities, Cartridges, small arms and Cartridges, power device in the 
ORM-D hazard class). Because the limited quantity provisions in the UN 
Model Regulations and the IMDG Code are closely aligned with those 
already contained in the HMR, domestic alignment for highway, rail and 
vessel transportation will result in minimal impact and regulatory 
burden. And, because of the inherent risk unique to air transportation, 
we believe full harmonization with the ICAO TI (where appropriate) is 
necessary with regard to the materials authorized and quantity limits 
for limited quantities (including consumer commodities) intended for 
transport by air. The following table is used to illustrate the 
differences that exist between the HMR and corresponding international 
modal standards regarding limited quantities and consumer commodities:

                                                       Limited Quantities and Consumer Commodities
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Requirement                      HMR LQ                 HMR ORM-D                UN LQ                ICAO TI LQ            IMDG CODE LQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marking............................  PSN or UN diamond/      ``ORM-D'' or ``ORM-D-   UN diamond/ID or    UN diamond/ID (Sec.       AIR'' ``Consumer        i> unless consumer     diamond and ``LTD      i> unless consumer
                                      Sec.   172.301 and      commodity'' (Sec.       commodity (ID not required).                             i> not required).
                                                                                                                                    Exception includes
                                                                                                                                    MARPOL.
Labeling...........................  None unless Division    None..................  None.................  Required.............  None (Placard-size
                                      6.1, Packing Groups                                                                           CTU LQ mark
                                      II and III.                                                                                   required).
Documentation......................  Required..............  ORM-D-AIR only unless   Required unless a      Required.............  Required unless
                                                              RQ, waste or MARPOL.    consumer commodity.                           consumer commodity.
Material Authorizations............  PSN entry must cite     Generally, all          Similar to HMR except   Aerosols      Generally, aligned
                                      exception section in    materials authorized    as follows:            (Divisions 2.1, 2.1    with UNMR with minor
                                      Column (8A) of HMT,     LQ except for           Division 2.2   w/sub risks) and       vessel-unique
                                      typically one of the    Division 6.1, PG II     only (except           Small receptacles      requirements.
                                      following:              (unless drug or         aerosols).             (Divisions 2.1, 2.2
                                      Divisions 2.1   medicine).              Certain        w/o sub risks).
                                      and 2.2 (gases and                              Class 9 materials      Class 3, PG
                                      aerosols).                                      not authorized LQ.     II, III..
                                      Class 3 (PG                            Compared to HMR, the    Division
                                      II, III).                                       UNMR:.                 4.1, PG II, III (no
                                      Division 4.1                            Permits (9)    self-reactives).
                                      (Flam solids), PG II,                           PG I Class 3           Division
                                      III.                                            materials as LQ.       4.3, PG II, III
                                      Division 4.3,                           Permits (10)   (solids only).
                                      PG II, III.                                     Class 9 materials as   Division
                                      Division 5.1,                           LQ..                   5.1, PG II,III.
                                      PG II, III.                                                            Division
                                      Division 5.2,                                                  5.2, Types C, D, E,
                                      Types B, C, D, E, F.                                                   F when part of PRK,
                                      Division 6.1,                                                  FAK or CK.
                                      PG II, III.                                                            Division
                                      Class 8, PG                                                    6.1, PG II, III.
                                      II, III.                                                               Class 8, PG
                                      Class 9......                                                  II, III excluding
                                     Compared to UNMR the                                                    2794, 2795, 2803,
                                      HMR:.                                                                  2809 and 3028
                                      Permits (23)                                                   (batteries, gallium,
                                      PG I Class 3                                                           mercury).
                                      materials as LQ..                                                      Class 9
                                      Permits (11)                                                   (1941, 1990, 2071,
                                      Class 9 materials as                                                   3077, 3082, 3316
                                      LQ.                                                                    only).

[[Page 52075]]

 
LQ Quantity Limits.................   Aerosols more  ORM-D-AIR inner         Generally, aligned      Aerosols/     Generally, aligned
                                      restrictive than        packaging quantity      with HMR w/minor       Small receptacles:     with UNMR with minor
                                      UNMR, ICAO TI and       limits are specified    differences (e.g.,     30 Kg G.               vessel-unique
                                      IMDG Code.              in Sec.   173.27 and    Division 6.1 and       Inner and      requirements.
                                      Classes and     are based on Column     Class 9 materials).    outer packaging
                                      Divisions 3-9           (9A) and (9B) values                           quantity limits
                                      generally aligned w/    in the HMT, or, in                             generally aligned
                                      int'l codes except      Sec.  Sec.   173.150-                          with UNMR.
                                      for materials w/        173.155 and 173.306,
                                      primary or sub risk     whichever value is
                                      of Division 6.1, PG     more restrictive.
                                      II and III.             They normally exceed
                                                              the ICAO TI inner
                                                              packaging quantity
                                                              limit values for LQ.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the favorable comments received in response to the ANPRM, 
PHMSA proposes to adopt limited quantities provisions into the HMR 
based on the UN Model Regulations, IMDG Code and the ICAO TI that 
include a transitional period sufficient in length to allow 
stakeholders adequate time to comply with the new requirements. We are 
proposing to authorize immediate voluntary compliance with the new 
requirements upon the effective date of any final rule. Additionally, 
we are proposing to eliminate the ORM-D and ORM-D-AIR hazard class 
limited quantities described as ``Consumer commodities'' after three 
years, effective January 1, 2014, if the amendments proposed in this 
notice are adopted in a final rule. Such materials or articles would 
simply become limited quantities based on risk rather than their 
intended end-use. Additionally, for transportation by domestic highway 
or rail, alignment of the HMR with international standards actually 
increases the number of exceptions provided to limited quantities and 
consumer commodities when compared to current HMR requirements for such 
materials and articles. To address comments regarding exceptions 
provided by the HMR to consumer commodities under Sec.  173.156, we are 
proposing to extend the exceptions to all limited quantities regardless 
of their end-use. To address the comment regarding the U.S. Postal 
Service (USPS) allowing certain packages classed as ORM-D in the postal 
system, we intend to work very closely with our USPS counterparts to 
ensure a seamless transition to the new HMR requirements and assist 
them in any way we can.
    For Cartridges, small arms and Cartridges, power device in the ORM-
D hazard class, we are proposing to also continue authorizing such 
articles indefinitely under the exceptions provided in Sec.  173.63 of 
the HMR for domestic transportation by highway or rail. For more 
discussion of proposed amendments to the HMR as a result of the further 
alignment with international standards, see the detailed discussion in 
the affected sections under the ``Section-by-Section Review.'' The 
following sections are affected by the amendments proposed in this NPRM 
regarding limited quantities and consumer commodities:
     Sec.  172.203 Additional description requirements.
     Sec.  172.315 Packages containing limited quantities.
     Sec.  172.316 Packages containing materials classed as 
ORM-D.
     Sec.  172.500 Applicability of placarding requirements.
     Sec.  173.25 Authorized packagings and overpacks.
     Sec.  173.27 General requirements for transportation by 
aircraft.
     Sec.  173.63 Packaging exceptions.
     Sec.  173.144 Other regulated materials (ORM)--
Definitions.
     Sec.  173.150 Exceptions for Class 3 (flammable and 
combustible liquids).
     Sec.  173.151 Exceptions for Class 4.
     Sec.  173.152 Exceptions for Division 5.1 (oxidizers) and 
Division 5.2 (organic peroxides).
     Sec.  173.153 Exceptions for Division 6.1 (poisonous 
materials).
     Sec.  173.154 Exceptions for Class 8 (corrosive 
materials).
     Sec.  173.155 Exceptions for Class 9 (miscellaneous 
hazardous materials).
     Sec.  173.156 Exceptions for ORM materials.
     Sec.  173.161 Chemical kits and first aid kits.
     Sec.  173.165 Polyester resin kits.
     Sec.  173.167 Consumer commodities.
     Sec.  173.230 Fuel cell cartridges containing hazardous 
material.
     Sec.  173.306 Limited quantities of compressed gases.

E. Metal Hydride Storage Systems in Conveyances

    A metal hydride storage system is a single complete hydrogen 
storage system that includes a receptacle, metal hydride, a pressure 
relief device, a shut-off valve, service equipment, and internal 
components. The HMR currently do not prescribe specific packaging or 
shipping methods for metal hydride storage systems containing hydrogen. 
However, PHMSA has issued a number of special permits to allow the use 
of these systems for transport. The UN Model Regulations, in new 
Packing Instruction P205, prescribe standards for the construction, 
qualification, marking and requalification of such systems. In the 
ANPRM, PHMSA invited comments on whether similar standards should be 
adopted in the HMR.
    One commenter (DGAC) supports adoption of the standards for the 
construction, qualification, marking, and requalification of metal 
hydride storage systems containing hydrogen. Thus, in this NPRM, PHMSA 
is proposing to adopt the standards for the construction, 
qualification, marking and requalification of hydrogen in metal hydride 
storage systems adopted in the UN Model Regulations. See Section 
173.311 for a detailed discussion of proposed requirements.

F. In Vitro Testing for Corrosivity

    In 1993, RSPA (the predecessor agency to PHMSA) began recognizing 
an alternative test method (i.e., in vitro testing) to determine the 
corrosivity of a hazardous material for transportation purposes under 
the terms and conditions specified in a special permit (DOT-SP 10904). 
Similar in vitro test

[[Page 52076]]

methods are prescribed in the following Organization for Economic 
Cooperation and Development (OECD) Guidelines for the Testing of 
Chemicals and were adopted in the UN Model Regulations:
     No. 430, In Vitro Skin Corrosion: Transcutaneous 
Electrical Resistance Test (TER) (2004);
     No. 431, In Vitro Skin Corrosion: Human Skin Model Test 
(2004); and,
     No. 435, In Vitro Membrane Barrier Test Method for Skin 
Corrosion (2006).
    Because methods 430 and 431 can be used to determine corrosivity 
for other than transportation purposes, they cannot be used to 
determine the Packing Group (PG) assignment of a material that tests 
positive for corrosivity for the purposes of hazardous materials 
transportation. A negative result for corrosivity under methods 430 and 
431 can, however, preclude further testing to determine the PG 
assignment using method 404, the current OECD Guideline involving in 
vivo testing or, method 435, the newly adopted OECD Guideline involving 
in vitro testing.
    We received three comments (DGAC, DuPont, and PPG) supporting 
adoption and use of the OECD in vitro test methods for determining 
corrosivity on the basis of reducing the number of tests requiring live 
animals.
    Based on the overwhelming support for adoption in the HMR, in this 
NPRM PHMSA is proposing to adopt and authorize the use of the OECD in 
vitro methods. See Sec.  173.137 for further discussion of such 
methods.

III. Harmonization Proposals in This NPRM

    In this NPRM, PHMSA is proposing the following amendments to 
harmonize the HMR with the most recent revisions to the UN Model 
Regulations, ICAO TI, and the IMDG Code:
     Hazardous Materials Table (HMT): Amendments to the HMT to 
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.
     Limited Quantity Exceptions: Amendments for the highway, 
rail, and vessel transportation of limited quantities are based on the 
recently adopted limited quantity provisions in the UN Model 
Regulations and IMDG Code. Amendments for the air transportation of 
limited quantities are based on the 2011-2012 revision of the ICAO TI. 
In addition, amendments are proposed to provide a transition period for 
complete alignment of the HMR limited quantity eligibility (including 
consumer commodities and certain articles of Class 2 and Division 1.4S 
reclassed as ORM-D), when transported by all modes (domestic and 
international), in accordance with HMR requirements that are based on 
international standards for limited quantities and consumer 
commodities.
     Organic Peroxide Tables: Amendments to the Organic 
Peroxide Tables to add, revise, or remove certain hazardous materials 
and provisions.
     Incorporation by Reference: Amendments to incorporate by 
reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and 
the Sixteenth Revised Edition of the UN Model Regulations. 
Additionally, we are proposing to update our incorporation by reference 
of the Canadian Transportation of Dangerous Goods Regulations to 
include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to 
miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22, 
2007 (pertains to highway cargo tanks). This incorporation by reference 
augments the broad reciprocity provided in 171.12 where the HMR allow 
the use of the Canadian TDG Regulations under certain conditions when 
transporting hazardous materials to or from Canada by highway or rail.
     Petitions for Rulemaking: We are addressing one petition 
for rulemaking: P-1550, from the People for the Ethical Treatment of 
Animals (PETA) requesting that PHMSA incorporate by reference OECD 
Guidelines 430, 431 and 435 into the HMR that prescribe in vitro 
testing methods for determining corrosivity.
     Classification of Sour Crude Oil: See ANPRM comment 
summary for discussion of issue and PHMSA proposal.
     Classification of Certain Division 1.4S Explosives: See 
ANPRM comment summary for discussion of issue and PHMSA proposal.
     IBC Rebottling: See ANPRM comment summary for discussion 
of issue and PHMSA proposal.
     Metal Hydride Storage Systems in Conveyances: See ANPRM 
comment summary for discussion of issue and PHMSA proposal.

IV. Amendments Not Being Considered for Adoption in This NPRM

    This NPRM proposes changes to the HMR based on amendments made in 
the UN Model Regulations (Sixteenth revised edition), IMDG Code 
(Amendment 35-10) and the ICAO TI (2011-2012), which become effective 
January 1, 2011 (the IMDG Code is effective January 1, 2012). We are 
not, however, proposing to adopt all the amendments made to the various 
international standards into the HMR. In many cases, amendments to the 
international recommendations and regulations have not been adopted 
because the framework or structure of the HMR makes adoption 
unnecessary. In other cases, we have handled, or will be handling, the 
amendments in separate rulemaking proceedings. If we have inadvertently 
omitted an amendment in this NPRM, we will attempt to include the 
omission in the final rule. However, our ability to make changes in a 
final rule is limited by requirements of the Administrative Procedure 
Act (5 U.S.C. 553). In some instances, we can adopt a provision 
inadvertently omitted in the NPRM if it is clearly within the scope of 
changes proposed in the notice, does not require substantive changes 
from the international standard on which it is based, and imposes 
minimal or no cost impacts on persons subject to the requirement. 
Otherwise, in order to provide opportunity for notice and comment, the 
change must first be proposed in an NPRM.
    One of the goals of this rulemaking is to continue to maintain 
consistency between the HMR and the international requirements. We are 
not striving to make the HMR identical to the international regulations 
but rather to remove or avoid potential barriers to international 
transportation.
    Below is a listing of those significant amendments to the 
international regulations that we are not proposing to adopt in this 
NPRM, with a brief explanation of why the amendment was not included:
    Requirements for Radioactive Materials. Notwithstanding two minor 
shipping paper and labeling amendments, we are not proposing to adopt 
provisions pertaining to the transportation of Class 7 (radioactive) 
materials. Amendments to requirements pertaining to the transportation 
of Class 7 (radioactive) materials are based on changes contained in 
the International Atomic Energy Agency (IAEA) publication, ``IAEA 
Safety Standards: Regulations for the Safe Transport of Radioactive 
Materials.'' Due to their complexity, these changes are being addressed 
in a separate rulemaking.
    Requirements for Lithium Batteries. On January 11, 2010, we 
published an NPRM (HM-224F; 75 FR 1302). The NPRM includes provisions 
to ensure all lithium batteries are packaged to reduce the possibility 
of damage that could lead to a catastrophic incident, and minimize the 
consequences of an incident should one occur. In addition, PHMSA

[[Page 52077]]

proposed to require lithium battery shipments to be accompanied by 
hazard communication that ensures appropriate and careful handling by 
air carrier personnel, including the flight crew, and informs both 
transport workers and emergency response personnel of actions to be 
taken in an emergency. The NPRM, which PHMSA developed in close 
coordination with our colleagues in the Federal Aviation 
Administration, is the latest in a series of actions PHMSA has taken to 
address the very serious risks posed by lithium batteries in 
transportation. The NPRM includes revisions to the HMR that are based 
on lithium battery provisions in the Sixteenth revised edition of the 
UN Model Regulations. Therefore, except for wheelchairs powered by 
lithium ion batteries, we are not proposing to adopt new provisions 
pertaining to the transportation of lithium cells and batteries in this 
rulemaking. The docket for the lithium battery rulemaking can be found 
elsewhere at http://www.regulations.gov under PHMSA-2009-0095.
    Requirements for Air Packaging. We are not proposing to adopt 
provisions pertaining to certain packagings offered for transportation 
by aircraft under this rulemaking. PHMSA is considering certain 
amendments to the HMR related to requirements for the packaging of 
hazardous materials intended for transportation by aircraft under a 
separate docket (HM-231A). These would include amendments based on the 
reformatted packing instructions in the 2011-2012 ICAO TI. PHMSA 
published an ANPRM on July 7, 2008 (73 FR 38361) and, on May 14, 2010, 
an NPRM (75 FR 27273). See http://www.regulations.gov under PHMSA-2007-
29364 for more information.

V. Section-by-Section Review

    Following is a section-by-section review of the amendments proposed 
in this NPRM:

Part 171

Section 171.7
    The ``National Technology Transfer and Advancement Act of 1996'' 
directs agencies to use voluntary consensus standards. According to the 
Office of Management and Budget (OMB), Circular A-119, ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities,'' government 
agencies must use voluntary consensus standards wherever practical in 
the development of regulations. Agency adoption of industry standards 
promotes productivity and efficiency in government and industry, 
expands opportunities for international trade, conserves resources, 
improves health and safety, and protects the environment.
    To these ends, PHMSA actively participates in the development and 
updating of consensus standards through representation on more than 20 
consensus standard bodies. PHMSA regularly reviews updated consensus 
standards and considers their merit for inclusion in the HMR.
    Section 171.7 lists all standards incorporated by reference into 
the HMR. For this rulemaking, we evaluated updated international 
consensus standards pertaining to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations, and vessel stowage requirements and 
determined that the revised standards provide an enhanced level of 
safety without imposing significant compliance burdens. These standards 
have a well-established and documented safety history; their adoption 
will maintain the high safety standard currently achieved under the 
HMR. Therefore, we propose to update by adding and revising the 
incorporation by reference materials under the following organizations:
     The American Society for Testing and Materials (ASTM)
    [cir] ASTM D56-05, Standard Test Method for Flash Point by Tag 
Closed Tester (Referenced in Sec.  173.120(c)(1)(i)(A); Added to Sec.  
171.7).
    [cir] ASTM D86-07a, Standard Test Method for Distillation of 
Petroleum Products at Atmospheric Pressure (Added; Referenced in Sec.  
173.121).
    [cir] ASTM D93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (Referenced in Sec.  173.120(c)(1)(ii)(A); 
Added to Sec.  171.7).
    [cir] ASTM D1078-05, Standard Test Method for Distillation Range of 
Volatile Organic Liquids (Added; Referenced in Sec.  173.121).
    [cir] ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point 
of Liquids by Small Scale Closed-Cup Apparatus (Referenced in Sec.  
173.120(c)(1)(i)(B); Added to Sec.  171.7).
    [cir] ASTM D3828-07a, Standard Test Methods for Flash Point by 
Small Scale Closed cup Tester (Referenced in Sec.  173.120(c)(1)(i)(C); 
Added to Sec.  171.7).
     The International Civil Aviation Organization (ICAO) 
Technical Instructions for the Safe Transport of Dangerous Goods by 
Air, 2009-2010 Edition would be revised to incorporate 2011-2012 
Edition.
     The International Convention for the Safety of Life at Sea 
(SOLAS) Amendments 2002, Chapter II-2/Regulation 19, Consolidated 
Edition 2004 would be revised to incorporate the 2009 Edition.
     The International Maritime Organization (IMO) 
International Maritime Dangerous Goods Code, 2008 Edition, 
Incorporating Amendment 33-08, English Edition, Volumes 1 and 2 would 
be revised to incorporate Amendment 35-10.
     The International Organization for Standardization (ISO)
    [cir] ISO 1516:2002 Determination of flash/no flash--Closed cup 
equilibrium method (Added; Referenced in Sec.  173.120).
    [cir] ISO 1523:2002 Determination of flash point--Closed cup 
equilibrium method (Added; Referenced in Sec.  173.120).
    [cir] ISO 2719:2002 Determination of flash point--Pensky-Martens 
closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3405:2000 Petroleum products--Determination of 
distillation characteristics at atmospheric pressure (Added; Referenced 
in Sec.  173.121).
    [cir] ISO 3679:2004 Determination of flash point--Rapid equilibrium 
closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3680:2004 Determination of flash/no flash--Rapid 
equilibrium closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3924:1999 Petroleum products--Determination of boiling 
range distribution--Gas chromatography method (Added; Referenced in 
Sec.  173.121).
    [cir] ISO 4626:1980 Volatile organic liquids--Determination of 
boiling range of organic solvents used as raw materials (Added; 
Referenced in Sec.  173.121).
    [cir] ISO 4706:2008, Gas cylinders--Refillable welded steel 
cylinders--Test pressure 60 bar and below (Added; Referenced in Sec.  
178.71).
    [cir] ISO 10297:1999, Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First edition, May 1999, (E) 
(Revised to incorporate 2006 Edition).
    [cir] ISO 10461:2005, Gas cylinders--Seamless aluminum-alloy gas 
cylinders, Periodic inspection and testing, Second edition, February 
2005, (E) (Revised to incorporate Addendum 1 (2006)).
    [cir] ISO 10692-2:2001 Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections 
(Added; Referenced in Sec.  173.40).

[[Page 52078]]

    [cir] ISO 13736:2008 Determination of flash point--Abel closed-cup 
method (Added; Referenced in Sec.  173.120).
    [cir] ISO 16111:2008 Transportable gas storage devices -- Hydrogen 
absorbed in reversible metal hydride (Added; Referenced in Sec. Sec.  
173.311, 178.71).
    [cir] ISO 18172-1:2007, Gas cylinders--Refillable welded stainless 
steel cylinders--Part 1: Test pressure 6 MPa and below (Added; 
Referenced in Sec.  178.71).
    [cir] ISO 20703:2006, Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing (Added; Referenced in 
Sec.  178.71).
     Organization for Economic Cooperation and Development 
(OECD)
    [cir] Guidelines for the Testing of Chemicals, No. 430, In Vitro 
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER) (2004) 
(Added; Referenced in Sec.  173.137);
    [cir] Guidelines for the Testing of Chemicals, No. 431, In Vitro 
Skin Corrosion: Human Skin Model Test (2004) (Added; Referenced in 
Sec.  173.137); and,
    [cir] Guidelines for the Testing of Chemicals, No. 435, In Vitro 
Membrane Barrier Test Method for Skin Corrosion (2006) (Added; 
Referenced in Sec.  173.137).
     Transport Canada, Transportation of Dangerous Goods 
Regulations, including Clear Language Amendments 1 through 5 (Revised 
to add Amendments 6 and 7).
     The United Nations Recommendations on the Transport of 
Dangerous Goods-- Model Regulations, Fifteenth revised edition (2007), 
Volumes I and II (Revised to incorporate the Sixteenth revised 
edition).
Section 171.8
    This section defines terms generally used throughout the HMR that 
have broad or multi-modal applicability. PHMSA is proposing to add the 
following defined terms based on their adoption in the UN Model 
Regulations:
    Metal hydride storage system. This term means a single complete 
hydrogen storage system that includes a receptacle, metal hydride, 
pressure relief device, shut-off valve, service equipment and internal 
components used for the transportation of hydrogen only.
    Open cryogenic receptacle. This term means a transportable 
thermally insulated receptacle for refrigerated liquefied gases 
maintained at atmospheric pressure by continuous venting of the 
refrigerated gas.
    Oxidizing gas. In this NPRM, PHMSA proposes to amend the definition 
of Oxidizing gas. Oxidizing gas is now defined as a gas that may, by 
providing oxygen, cause or contribute to combustion of other material 
more than air does. We are proposing to revise the definition to 
specify that an oxidizing gas is a pure gas or gas mixture with an 
oxidizing power greater than 23.5% as determined by a method specified 
in ISO 10156:1996 or 10156-2:2005. See also discussion of changes to 
the HMT entries ``Air, compressed, UN1002'' and ``Compressed gas, 
n.o.s., UN1956'' in Sections 172.101 and 173.115(k).
Section 171.23
    Section 171.23 prescribes the conditional requirements for specific 
materials and packages transported under the various international 
standards as permitted by the HMR. In this NPRM, except for 
transportation by aircraft, we are proposing to remove the condition in 
Sec.  171.23(b)(9) that stipulates certain Division 6.1 materials 
transported as limited quantities are not excepted from labeling as 
specified in Sec.  173.153(b). This proposed change aligns the labeling 
requirements in the HMR for limited quantities with the international 
standards without compromising safety. This is accomplished by the 
current inner packaging quantity limits for Division 6.1 materials in 
Packing Group (PG) II that are packaged under the exceptions provided 
for such materials in Sec. Sec.  173.150-173.156 of the HMR.
Section 171.25
    Section 171.25 prescribes the additional requirements for specific 
materials and packages transported under the IMDG Code as permitted by 
the HMR. In this notice, we are proposing to delete paragraphs (c)(5) 
and (d)(3) because the IMDG Code now requires cryogenic materials to be 
stowed on deck.
    Effective January 1, 1997, vehicles and mechanical equipment 
containing internal combustion engines were no longer subject to the 
IMDG Code as conditionally designated under Amendment 28-96. Effective 
January 1, 2012, such articles will once again be subject to the IMDG 
Code under Amendment 35-10. Because the new requirements in the IMDG 
Code are more stringent than requirements for similar articles in the 
HMR, PHMSA is proposing to amend Section 171.25 by revising paragraph 
(b)(1) and adding a new paragraph (b)(4) permitting use of the IMDG 
Code or the HMR to prepare and stow vehicles and mechanical equipment 
containing internal combustion engines when offered for transport by 
vessel.

Part 172

Section 172.101
    Introductory text to the Sec.  172.101 HMT contains explanatory 
text for each of the columns that comprise the HMT. Currently, Sec.  
172.101(c)(10) provides specific requirements regarding the selection 
of an appropriate proper shipping name for mixtures and solutions 
containing more than one hazardous material of the same hazard class. 
In many cases, such mixtures and solutions are best described by a 
generic or ``not otherwise specified'' entry (i.e., an ``n.o.s.'' 
entry). For example, a solution containing two or more flammable liquid 
constituents may best be described under the entry ``Flammable liquids, 
n.o.s., UN1993.'' However, in some cases where two or more hazardous 
materials may be present, a single hazardous material may predominate 
where the other hazardous materials may be present in only trace 
amounts. In such cases, a description applicable to the predominant 
material may be more appropriate. A recent incident underscores the 
importance of using the most specific and appropriate shipping 
description. In that incident, an aluminum cylinder containing 99.9% 
pure ethyl chloride ruptured in storage incidental to transport. It was 
determined that the root cause was a reaction between the cylinder's 
contents and the aluminum. The relevant construction standard for the 
cylinder indicated that ethyl chloride was reactive with aluminum and 
that aluminum was not recommended for the transport of ethyl chloride. 
However, the shipper selected a generic compressed gas shipping 
description rather than the ethyl chloride name due to the presence of 
trace amounts of other hazardous materials. While we note that the 
general requirements for packagings still broadly address the 
responsibility of the shipper in selecting a packaging that is 
compatible with its lading, and that these requirements were also 
applicable and apparently overlooked, the incident nonetheless 
highlights the benefit of using a more specific description, where 
appropriate, to help ensure that the most appropriate transport 
provisions are followed.
    To address this issue, the UN Model Regulations were amended to 
require, except as otherwise specified, that a mixture or solution of a 
single predominant hazardous material containing only traces of one or 
more additional hazardous materials listed by name in the HMT or 
additional non-hazardous constituents be assigned the UN number and 
proper shipping name

[[Page 52079]]

of the predominant material contributing to the overall hazard 
classification of the mixture or solution. Adopting a similar provision 
in the HMR will enhance a shipper's ability to select the most 
appropriate shipping description. Therefore, in this NPRM, PHMSA is 
proposing to add a new paragraph Sec.  172.101(c)(10)(iv) outlining the 
authorization to describe the mixture or solution based on the 
predominant material contributing to the hazard classification.
Identification Numbers Preceded by the Letters ``ID''
    Paragraph (e) of Sec.  172.101 provides explanations for the 
letters that precede identification numbers assigned to proper shipping 
names in the HMT. In this NPRM, PHMSA is proposing to add an 
explanation for identification numbers associated with those 
descriptions recognized under the ICAO Technical Instructions only and 
are preceded by the letters ``ID.'' Additionally, PHMSA is proposing to 
recognize the international air description, ``ID8000, Consumer 
commodity, 9'' in the HMT with material and article eligibility for use 
of the description based on Special provision A112 and Packing 
Instruction Y963 of the 2011-2012 ICAO Technical Instructions.
Hazardous Materials Table (HMT)
    In this NPRM, PHMSA is proposing to make various amendments to the 
HMT. Readers should review all changes for a complete understanding of 
the amendments. For purposes of the Government Printing Office's 
typesetting procedures, proposed changes to the HMT 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, appear as a ``remove'' and ``add.'' Proposed amendments to the 
HMT include, but are not limited to the following:

New HMT Entries

UN3482 Alkali metal dispersions, flammable or Alkaline earth metal 
dispersions, flammable.
UN3496 Batteries, nickel-metal hydride.

    This new HMT entry for UN3496 would include a ``W'' in Column (1) 
to indicate use of this hazardous materials description would be 
limited to vessel transport. PHMSA also proposes to include additional 
language in Column (2) to refer shippers transporting nickel-metal 
hydride batteries by modes other than vessel to the HMT entry 
``Batteries, dry, sealed, n.o.s.'' for instruction on the transport 
requirements for these batteries.

UN3485 Calcium hypochlorite, dry, corrosive or Calcium hypochlorite 
mixtures, dry, corrosive with more than 39% available chlorine (8.8% 
available oxygen).
UN3487 Calcium hypochlorite, hydrated, corrosive or Calcium 
hypochlorite, hydrated mixture, corrosive with not less than 5.5% but 
not more than 16% water.
UN3486 Calcium hypochlorite mixture, dry, corrosive with more than 10% 
but not more than 39% available chlorine.
ID8000 Consumer commodity.

    This description would be added to the HMT as a Class 9 
miscellaneous hazardous material to be used for the air transportation 
of limited quantities of certain Class 2 materials (non-toxic aerosols 
only), Class 3 materials (PG II and III only), Division 6.1 (PG III 
only), UN3077, UN3082, and UN3175 provided such materials do not have a 
subsidiary risk and are authorized aboard a passenger-carrying 
aircraft.

UN3484 Hydrazine aqueous solution, flammable, with more than 37% 
hydrazine, by mass.
UN3495 Iodine.

    Iodine is transported globally under a number of different shipping 
descriptions dependent on the shipper. In the interest of reducing 
risks associated with transport of iodine under various descriptions 
and therefore, varied packaging, we are proposing to add this unique UN 
number and shipping description to provide for specific packaging 
requirements and faster identification and access to emergency response 
information.

UN1471 Lithium hypochlorite, dry or Lithium hypochlorite mixture, 
Division 5.1, PG III.

    Lithium hypochlorite is a common commercial product used as a 
disinfectant that is often mixed with other non-hazardous organic 
salts. Currently, the HMT only provides for a Division 5.1, PG II 
designation for this material, yet testing conducted in accordance with 
the UN Manual of Tests and Criteria has indicated that some common 
commercial mixtures meet the criteria for classification in Division 
5.1, PG III. Therefore, PHMSA is proposing to add a line to the current 
entry to allow for classification of mixtures of lithium hypochlorite 
in PG III, where appropriate.

UN3483 Motor fuel anti-knock mixtures, flammable.
UN3494 Petroleum sour crude oil, flammable, toxic.

    This entry would be authorized for international transportation 
only.

UN3492 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an 
inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated 
vapor concentration greater than or equal to 500 LC50
UN3493 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an 
inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated 
vapor concentration greater than or equal to 10 LC50
UN3488 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an 
inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated 
vapor concentration greater than or equal to 500 LC50
UN3489 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an 
inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated 
vapor concentration greater than or equal to 10 LC50
UN3490 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. 
with an inhalation toxicity lower than or equal to 200 ml/m\3\ and 
saturated vapor concentration greater than or equal to 500 LC50
UN3491 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. 
with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and 
saturated vapor concentration greater than or equal to 10 LC50

    Amendments to the Column (1) symbols.
    The entries ``Elevated temperature liquid, flammable, n.o.s., with 
flash point above 37.8 [deg]C, at or above its flash point, UN3256,'' 
``Elevated temperature liquid, n.o.s., at or above 100 [deg]C and below 
its flash point (including molten metals, molten salts, etc.), 
UN3257,'' and ``Elevated temperature solid, n.o.s., at or above 240 
[deg]C, UN3258'' would be revised by adding the symbol G. The symbol G 
identifies proper shipping names for which a technical name of the 
hazardous material is required in parentheses in association with the 
basic description. Requiring the technical name(s) for certain elevated 
temperatures materials will help emergency responders in selecting the 
proper materials for extinguishing a fire involving these hazardous 
materials and will aid in estimating the temperature properties of the 
materials (e.g., the melting point).
    The entries ``Metal catalyst, dry, UN2881'' and ``Metal catalyst, 
wetted with a visible excess of liquid, UN1378'' would be revised by 
adding the symbol G. The symbol G identifies proper

[[Page 52080]]

shipping names for which a technical name of the hazardous material is 
required in parentheses in association with the basic description. 
Requiring the technical name(s) for metal catalysts will aid emergency 
responders in selecting the proper fire suppressant (e.g., 
CO2) in the event the hazardous material is involved in a 
fire or in identifying other materials the metal catalyst could react 
with.
    The entry ``Powder, smokeless, UN0509,'' would be revised by 
deleting the symbol D. The symbol D identifies a proper shipping name 
for domestic use only. This entry has been adopted into the UN Model 
Regulations, the ICAO TI, and the IMDG Code. This proposed deletion is 
consistent with our final rule published January 14, 2009 (HM-215J) (74 
FR 2200) in which we indicate our intent to remove the symbol D in a 
future rulemaking upon adoption of the entry into international 
regulations.
    For the following Division 5.1 (oxidizer) materials and Division 
6.1 (toxic) materials, the entries would be revised by adding the 
symbol G. The symbol G identifies proper shipping names for which one 
or more technical names of the hazardous material must be entered in 
parentheses in association with the basic description on a shipping 
paper. Knowledge of the technical name of toxic materials may aid 
emergency responders with implementing more appropriate first aid 
measures:

UN3141 Antimony compounds, inorganic, liquid, n.o.s.
UN1549 Antimony compounds, organic, liquid, n.o.s.
UN1556 Arsenic compounds, liquid, n.o.s. inorganic, including 
arsenates, n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and 
organic compounds of arsenic, n.o.s.
UN1557 Arsenic compounds, solid, n.o.s. inorganic, including arsenates, 
n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and organic 
compounds of arsenic, n.o.s.
UN1564 Barium compounds, n.o.s.
UN1566 Beryllium compounds, n.o.s.
UN3213 Bromates, inorganic, aqueous solution, n.o.s.
UN1450 Bromates, inorganic, n.o.s.
UN2570 Cadmium compounds
UN3210 Chlorates, inorganic, aqueous solution, n.o.s.
UN1461 Chlorates, inorganic, n.o.s.
UN1462 Chlorites, inorganic, n.o.s.
UN1583 Chloropicrin mixtures, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1935 Cyanide solutions, n.o.s.
UN2856 Fluorosilicates, n.o.s.
UN3212 Hypochlorites, inorganic, n.o.s.
UN2291 Lead compounds, soluble, n.o.s.
UN2024 Mercury compounds, liquid, n.o.s.
UN2025 Mercury compounds, solid, n.o.s.
UN3144 Nicotine compounds, liquid, n.o.s. or Nicotine preparations, 
liquid, n.o.s.
UN1665 Nicotine compounds, solid, n.o.s. or Nicotine preparations, 
solid, n.o.s.
UN3219 Nitrites, inorganic, aqueous solution, n.o.s.
UN2627 Nitrites, inorganic, n.o.s.
UN3214 Permanganates, inorganic, aqueous solution, n.o.s.
UN1482 Permanganates, inorganic, n.o.s.
UN2026 Phenylmercuric compounds, n.o.s.
UN2630 Selenates or Selenites.
UN3440 Selenium compound, liquid, n.o.s.
UN3283 Selenium compound, solid, n.o.s.
UN3284 Tellurium compound, solid, n.o.s.
UN3285 Vanadium compound, solid, n.o.s.

    Amendments to the Column (2) hazardous materials descriptions and 
proper shipping names.
    The proper shipping name for the entry ``Detonator, assemblies, 
non-electric, for blasting, UN0500,'' would be revised by removing the 
comma after ``Detonator'' to read ``Detonator assemblies, non-electric, 
for blasting.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Engines, internal 
combustion, flammable gas powered, UN3166,'' would be revised to read 
``Engines, internal combustion or Engines, fuel cell, flammable gas 
powered.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Engines, internal 
combustion, flammable liquid powered, UN3166,'' would be revised to 
read ``Engines, internal combustion or Engines, fuel cell, flammable 
liquid powered.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping names ``Formaldehyde, solutions, flammable, 
UN1198'' and ``Formaldehyde, solutions, with not less than 25 percent 
formaldehyde, UN2209'' would be revised to remove an errant comma 
between the words ``Formaldehyde'' and ``solutions.'' This revision 
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``1-Hydroxybenzotriazole, 
anhydrous, wetted with not less than 20 percent water, by mass, 
UN3474'' would be revised to read ``1-Hydroxybenzotriazole, 
monohydrate.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Nitric acid other than red 
fuming, with less than 65 percent nitric acid, UN2031'' would be 
revised to read ``Nitric acid other than red fuming, with more than 20 
percent and less than 65 percent nitric acid, UN2031.'' The proper 
shipping name for the Packing Group I entry ``Nitric acid other than 
red fuming, with more than 70 percent nitric acid, UN2031'' is added to 
the HMT. In a final rule published on January 14, 2009 (HM-215J; 74 FR 
2200), errors were made to both nitric acid entries and in this NPRM, 
PHMSA proposes to align them correctly in accordance with the various 
international standards. Additionally, we are proposing to remove the 
outdated Packing Group II entry ``Nitric acid other than red fuming, 
with not more than 70 percent nitric acid, UN2031'' that should have 
been removed from the HMT in the same final rule.
    The proper shipping name for the entry ``Tars, liquid including 
road asphalt and oils, bitumen and cut backs, UN1999'' would be revised 
to read ``Tars, liquid including road oils and cutback bitumens.'' The 
entries in the HMT applicable to transport of bitumen may cause 
confusion with respect to the proper classification of the material. 
The entries include ``Combustible liquid, n.o.s., NA1993, combustible 
liquid'' and ``Tars, liquid including road asphalt and oils, bitumen 
and cut backs, UN1999, 3,'' and the entries ``Elevated temperature 
liquid, flammable, n.o.s., UN3256, 3'' and ``Elevated temperature 
liquid, n.o.s., UN3257, 9,'' when the material is heated and offered 
for transport. Bitumen is a hydrocarbon material derived from crude oil 
having a flashpoint of 160 [deg]C or greater. Bitumens typically do not 
meet the classification for a Class 3 flammable liquid except for 
cutback bitumens which are blended with a flammable material such as 
kerosene. Also, road asphalt is bitumen mixed with sand and fillers 
which also does not meet the classification for a Class 3 flammable 
liquid. Therefore, we propose to revise the proper shipping name 
``Tars, liquid including road asphalt and oils, bitumen and cut backs'' 
by removing reference to asphalt and clarifying applicability to 
cutback bitumens to read ``Tars, liquid including road oils and cutback 
bitumens.'' This

[[Page 52081]]

revision appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Trinitro-meta-cresol, 
UN0216'' would be revised to read ``Trinitro-m-cresol.'' This revision 
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Vehicle, flammable gas 
powered, UN3166,'' would be revised to read ``Vehicle, flammable gas 
powered or Vehicle, fuel cell, flammable gas powered.'' This revision 
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Vehicle, flammable liquid 
powered, UN3166,'' would be revised to read ``Vehicle, flammable liquid 
powered or Vehicle, fuel cell, flammable liquid powered.'' This 
revision appears as a ``Remove/Add'' in this rulemaking.
    Amendments to the Column (3) hazard class or division.
    PHMSA is proposing to revise the classification of a number of 
entries to Division 6.1 toxic-by-inhalation primary hazards for 
consistency with the adoption of classification changes into the 16th 
revised edition of the UN Model Regulations. The changes are based on 
data provided from a thorough review of literature on toxic-by-
inhalation materials. The review of literature is provided in Informal 
Document UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN 
Sub-Committee of Experts on the Transport of Dangerous Goods which is 
available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
    For the entry ``Tetranitromethane, UN1510,'' the Class 5 oxidizer 
primary hazard would be revised to a Division 6.1 toxic-by-inhalation 
material primary hazard to read 6.1.
    For the following Class 3 flammable liquid materials, the Class 3 
primary hazard would be revised to a Division 6.1 toxic-by-inhalation 
material primary hazard to read 6.1.

UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
    For the following Class 8 corrosive materials, the Class 8 primary 
hazard would be revised to a Division 6.1 toxic-by-inhalation material 
primary hazard to read 6.1.

UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN1838 Titanium tetrachloride.
    Amendments to the Column (5) packing group (PG).
    The entry ``Carbon dioxide, solid or Dry ice, UN1845'' would be 
revised by deleting the PG III designation. In general, the PG assigned 
to a material identifies the degree of hazard the material represents 
and determines the performance level of the packaging required for the 
material. For example, a PG II material (i.e., a moderate hazard 
material) is considered more hazardous and requires more stringent 
packaging than a PG III material (i.e., a low hazard material). Dry ice 
presents minimal risk during transport except where concentrations may 
build up in a confined space. Therefore, in this NPRM, PHMSA proposes 
to delete the PG III designation from the entry.
    For the following Division 6.1 toxic-by-inhalation materials, the 
PG would be revised to read ``I''.

UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride .
    PHMSA is proposing this revision to the PG assignment for these 
entries for consistency with the adoption of changes into the Revised 
16th edition of the UN Model Regulations. The changes are based on data 
provided from a thorough review of literature on toxic-by-inhalation 
materials. The review of literature is provided in Informal Document 
UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN Sub-
Committee of Experts on the Transport of Dangerous Goods which is 
available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
    Amendments to the Column (6) label(s).
    For the following hazardous material entries, PHMSA is proposing to 
revise the labels for consistency with changes made to the 
classification of these materials under amendments to Column (3) (see 
above). The Class 3 (flammable liquid), Class 8 (corrosive), or 
Division 5.1 (oxidizer) primary hazard labels, as appropriate, and the 
Division 6.1 subsidiary hazard label would be revised to a Division 6.1 
toxic-by-inhalation material primary hazard label and Class 3, Class 8, 
or Division 5.1 subsidiary hazard label to read ``6.1, 3,'' ``6.1, 8,'' 
or ``6.1, 5.1,'' as appropriate.''

UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
UN1810 Phosphorous oxychloride.
UN1510 Tetranitromethane.
UN1838 Titanium tetrachloride.
    Amendments to the Column (7) special provisions.
    The entry ``Compressed gas, n.o.s., UN1956'' would be revised by 
deleting Special provision 77 which authorizes the use of this entry 
for mixtures of gases with less than 23.5% oxygen when no other 
oxidizing gases are present. Because we are proposing to modify the 
definition of oxidizing gas in Sec.  171.8 of the HMR to indicate that 
``a gas which may, by providing oxygen, cause or contribute to the 
combustion of other material more than air does means pure gases or gas 
mixtures with an oxidizing power greater than 23.5% oxygen'' and 
because the entry ``Compressed gas, oxidizing, n.o.s., UN3156'' is 
currently available in the HMT, the Special provision is redundant and 
no longer necessary.
    The entry ``1-Hydroxybenzotriazole, monohydrate, UN3474'' would be 
revised by deleting Special provision 162. Special provision 162 
requires that for the material to be transported as a Division 4.1 
desensitized material, it must be transported in such a manner that at 
no time during the course of transportation does the percentage 
concentration of water fall below 20%. Anhydrous hydroxybenzotriazole 
rapidly converts to the monohydrate form in the presence of water, that 
is, the thermally stable form of the substance. Additionally, tests 
have indicated that the monohydrate maintains its water content under 
temperature conditions encountered in storage and transport over 
extended periods of time. This conforms to the intent of the provisions 
specified in Special provision 162 and therefore, we are proposing to 
delete Special provision 162 from the entry.
    The entry ``Motor fuel anti-knock mixtures, UN1649'' would be 
revised by deleting Special provision 151. Special provision 151 
requires that if this material also meets the definition of a Class 3 
(flammable liquid) under Sec.  173.120 of the HMR, a FLAMMABLE LIQUID 
label is required and the basic description on the shipping paper must 
indicate the Class 3 subsidiary hazard. However, because of the 
proposed addition of the new entry ``Motor fuel anti-knock mixtures, 
flammable, UN3483'' which indicates a Class 3 subsidiary hazard, we 
believe it is no longer necessary to assign Special provision 151 to 
this entry.
    The entry ``Nitrogen, refrigerated liquid cryogenic liquid, 
UN1977'' would be revised by adding new Special provisions 345 and 346. 
See Section 172.102 Special Provisions for a discussion of new Special 
provisions 345 and 346.
    The entry ``Oxygen, compressed, UN1072'' would be revised by adding 
Special provision 110 authorizing an actuating cartridge (e.g., power 
device cartridges of Division 1.4, compatibility groups C and S) to be 
installed on a

[[Page 52082]]

cylinder containing oxygen without changing the classification of 
Division 2.2. See Section 172.102 Special provisions for a detailed 
discussion of our proposed revision to Special provision 110.
    The entry ``Pentaerythrite tetranitrate or Pentaerythritol 
tetranitrate or PETN, with not less than 7 percent wax by mass'' would 
be revised by assigning Special provision 120 to the entry. A final 
rule published in the Federal Register on May 6, 1997, under Docket HM-
215B (62 FR 24689), added Special provision 120 to Sec.  172.102(c)(1) 
of the HMR and assigned it to one of the phlegmatized HMT entries for 
PETN (UN0411). In this notice, PHMSA is reassigning Special provision 
120 to UN0411 in Column 7 of the HMT because it never appeared in the 
subsequent HMR when printed but remains valid.
    The entry ``Petroleum crude oil, UN1267'' would be revised by 
adding new Special provision 357 instructing a shipper, if applicable, 
to use the entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' 
for petroleum crude oil containing hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil can present an 
inhalation hazard when offered for transportation internationally.
    The entry ``Zinc ammonium nitrate, UN1512'' would be revised by 
deleting Special provision IP2 which requires IBCs other than metal or 
rigid plastic IBCs to be offered for transportation in a closed freight 
container or a closed transport vehicle.
    The following Division 1.4, Compatibility Group S (1.4S) explosive 
substance and article entries in the HMT would be revised by adding new 
Special provision 347 which limits the use of the entries to only those 
substances and articles that have passed Test series 6(d) of Part I of 
the UN Manual of Tests and Criteria. See Section 172.102 Special 
Provisions for a discussion of new Special provision 347.

UN0323 Cartridges, power device.
UN0460 Charges, bursting, plastics bonded.
UN0445 Charges, explosive, commercial without detonator.
UN0441 Charges, shaped, without detonator.
UN0500 Detonator assemblies, non-electric, for blasting.
UN0456 Detonators, electric for blasting.
UN0366 Detonators for ammunition.
UN0455 Detonators, non-electric, for blasting.
    The following Division 6.1 toxic-by-inhalation materials entries 
would be revised by replacing the portable tank instruction T Code T22 
with T20. The UN Committee of Experts on the Transport of Dangerous 
Goods revised the T Code assignment for a number of Division 6.1 toxic-
by-inhalation materials from T14 to T20. Assigning T20 requires a 
higher pressure for the periodic hydrostatic test (6 bar to 10 bar) and 
a thicker minimum shell thickness (6 mm to 8 mm). This change is 
consistent with the T Code assigned to the same materials in the HMT. 
However, for the materials listed below, we assigned a T Code T22 which 
requires a minimum shell thickness of 10 mm. We do not believe there 
would be a safety risk in reducing the minimum shell thickness for 
these materials from 10 mm to 8 mm. Therefore, for consistency with 
revisions made to the T Code assignments under the 16th revised edition 
of the UN Model Regulations as well as consistency with the current 
assignment of T20 to a number of other Division 6.1 toxic-by-inhalation 
material entries, the T Code T20 would be assigned for the following 
materials.

UN2484 tert-Butyl Isocyanate.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN2482 n-Propyl isocyanate.
    The following Division 6.1 toxic-by-inhalation materials would be 
revised by adding the portable tank special provision TP13 as a 
conforming amendment to the proposed changes to the PG assignment for 
these materials (see Amendments to Column (5) above). Special provision 
TP13 requires the use of self-contained breathing apparatus when the 
hazardous material is transported by vessel:

UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
    The following Division 5.1 oxidizers would be revised by adding new 
Special provision W1. Special provision W1 would except these materials 
from regulation for vessel transport when transported in non-friable 
prill or granule form. The material must be accompanied by a 
certificate from an accredited laboratory stating that the product has 
been tested in accordance with the UN Manual of Tests and Criteria.

UN1486 Potassium nitrate.
UN1498 Sodium nitrate.
UN1499 Sodium nitrate and potassium nitrate mixtures.
    Amendments to the Column (8) packaging authorizations.
    The four flammable liquid entries ``Alcohols, n.o.s., UN1987,'' 
``Ethanol, UN1170,'' ``Formaldehyde solutions, flammable, UN1198'' and 
``Isopropanol, UN1219'' would be revised in Column (8A) by adding 
section ``4b'' to the exceptions column. Section 173.4b prescribes the 
requirements for de minimis quantities of hazardous materials offered 
for transportation and transported by all modes, domestic or 
international. We are proposing to add a paragraph (b) to allow non-
infectious specimens (e.g., museum specimens) preserved with small 
amounts of certain Class 3 materials not to be subject to the HMR as 
recently adopted in the international standards. This amendment is 
consistent with previous interpretations we have issued on this matter.
    The entry ``Hydrogen in a metal hydride storage system or Hydrogen 
in a metal hydride storage system contained in equipment or Hydrogen in 
a metal hydride storage system packed with equipment, UN3468'' would be 
revised in Column (8B) by deleting the current reference to Sec.  
173.214 for authorized non-bulk packaging and adding new section 
reference Sec.  173.311. (See the Section 173.311 summary for a 
discussion of authorized packaging provisions for hydrogen in a metal 
hydride storage system.)
    The entry ``Polyester resin kit, UN3269'' would be revised by 
amending Columns (8A) and (8B) to read 173.165. Currently, Column (8A) 
for the entry refers to Sec.  173.152 and Column (8B) refers to Sec.  
173.225. For clarity and consistency, such articles should be 
incorporated in their own packing instruction.
    Amendments to the Column (9) quantity limitations.
    Maximum quantities per package by passenger air and rail are 
prescribed in Column (9A). Consistent with an amendment made to the 
2011-2012 ICAO Technical Instructions, the quantity limitation for the 
entry ``Silicon tetrachloride, UN1818'' would be revised from ``1 L'' 
to read ``Forbidden.''
    Columns 10 and 11 of Table 3-1 in the ICAO TI have long indicated 
the limited quantity packing instruction and net quantity per package, 
respectively, for substances and articles eligible to be packaged and 
transported as a limited quantity by air. The ICAO TI identify a 
limited quantity packing instruction with the letter ``Y'' preceding 
the three-digit packing instruction number. PHMSA is considering 
revising Column (9A) of the HMT in a future rulemaking by placing the 
letter ``Y'' following the net quantity per package authorized aboard a 
passenger-carrying aircraft for those substances or articles eligible 
to be packaged and transported as a limited

[[Page 52083]]

quantity by air under the HMR. We believe this simple and 
straightforward revision to the HMT will assist both shippers and 
carriers, while not adding length or bulk to the HMT or the HMR.
    Amendments to the Column (10) vessel stowage requirements.
    Vessel stowage location (10A). For the following materials, we 
propose to revise the authorized stowage locations in Column (10A) by 
revising the stowage category to ``D.'' Assignment of stowage category 
``D'' means the material must be stowed ``on deck only'' on a cargo 
vessel and on a passenger vessel carrying a number of passengers 
limited to not more than the larger of 25 passengers or one passenger 
per each 3 meters of overall vessel length. The material is prohibited 
on passenger vessels in which the limiting number is exceeded:

UN1951 Argon, refrigerated liquid (cryogenic liquid).
UN2187 Carbon dioxide, refrigerated liquid.
UN1143 Crotonaldehyde or Crotonaldehyde, stabilized.
UN1963 Helium, refrigerated liquid (cryogenic liquid).
UN1970 Krypton, refrigerated liquid (cryogenic liquid).
UN1647 Methyl bromide and ethylene dibromide mixtures, liquid.
UN2644 Methyl iodide.
UN2477 Methyl isothiocyanate.
UN2606 Methyl orthosilicate.
UN1913 Neon, refrigerated liquid (cryogenic liquid).
UN2201 Nitrous oxide, refrigerated liquid.
UN2337 Phenyl mercaptan.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride.
UN2591 Xenon, refrigerated liquid (cryogenic liquids).

    Vessel stowage codes (10B). For the following hazardous materials, 
we propose to remove from Column (10B) stowage code ``18'' (stowage 
code ``143'' for UN3392) which prohibits the material from being 
transported on any vessel carrying explosives (except Division 1.4S 
explosives), and we propose to add in its place stowage code 78 which 
requires the materials to be stowed ``separated longitudinally by an 
intervening complete compartment or hold from'' explosives.

UN1131 Carbon disulfide.
UN1259 Nickel carbonyl.
UN3392 Organometallic substance, liquid, pyrophoric.
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive.
UN3194 Pyrophoric liquid, inorganic, n.o.s.
UN2845 Pyrophoric liquids, organic, n.o.s.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
contain packaging requirements, prohibitions, and exceptions applicable 
to particular quantities or forms of hazardous materials. PHMSA is 
proposing the following revisions to the Sec.  172.102, Special 
provisions:
    Special provision 15 would be revised by removing extraneous and 
redundant regulatory text applicable to ``Chemical kits, UN3316'' and 
``First aid kits, UN3316.''
    Special provision 40 would be revised to indicate that ``Polyester 
resin kit, UN3269'' requires specification outer packaging based on the 
PG assigned to the base (Class 3) material unless excepted as a limited 
or excepted quantity. This revision is a clarification of the existing 
requirement.
    Special provision 77 would be deleted. Special provision 77 allows 
use of the entry ``Compressed gas, n.o.s., UN1956'' for mixtures of 
gases with less than 23.5% oxygen when no other oxidizing gases are 
present. PHMSA is proposing to modify the definition of oxidizing gas 
in Sec.  171.8 to state that ``a gas which may, by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does,'' meaning, pure gases or gas mixtures with an oxidizing power 
greater than 23.5% oxygen. Because of the availability of the entry 
``Compressed gas, oxidizing, n.o.s., UN3156'' in the HMT, we believe 
Special provision 77 is redundant and no longer necessary.
    Special provision 78 would be revised to direct shippers to use the 
entry ``Compressed gas, oxidizing, n.o.s., UN3156'' to describe 
compressed air that contains pure gases or gas mixtures with an 
oxidizing power greater than 23.5% oxygen. PHMSA is proposing to modify 
the definition of oxidizing gas in Sec.  171.8 of the HMR to indicate 
that ``a gas which may, by providing oxygen, cause or contribute to the 
combustion of other material more than air does,'' meaning, pure gases 
or gas mixtures with an oxidizing power greater than 23.5% oxygen. 
Therefore, we believe this Special provision should also be revised to 
emphasize the proposed revised definition and use of the proper 
shipping description.
    Special provision 110 would be revised to include oxygen cylinders 
for emergency use. Currently, fire extinguishers (UN1044) are assigned 
Special provision 110 which authorizes the installation of a cartridge 
power device (of Divisions 1.4C and S) on the fire extinguisher without 
changing its classification as Division 2.2 provided the actuating 
cartridge does not contain deflagrating (propellant) explosives 
exceeding 3.2 g. Many of these types of fire extinguishers are used in 
commercial aircraft applications where the actuating cartridge is 
necessary for remote activation to discharge the fire suppressant 
contained in the cylinder. Similarly, commercial aircraft are being 
designed to incorporate small oxygen cylinders in the overhead panels 
above passenger seats to provide emergency oxygen in the event of a 
depressurization. The design of the system is that a small actuating 
cartridge attached to each cylinder will be initiated once the 
passenger starts breathing into the mask, which will allow the flow of 
oxygen from these cylinders. In connection with the manufacturing and 
maintenance of the aircraft, it is necessary for these small cylinders 
to be transported with the actuator installed. The principal hazard 
presented by these oxygen cylinders remains that of Division 2.2, and 
not the Division 1.4 explosive hazard of the actuating cartridge; 
therefore, in this NPRM, PHMSA is proposing to authorize the transport 
of oxygen cylinders for emergency use with an installed actuating 
cartridge without changing the classification of Division 2.2 provided 
that the total quantity of deflagrating (propellant) explosives does 
not exceed 3.2 g per oxygen cylinder and further provided that the 
cylinders have an effective means of preventing inadvertent activation.
    For conformance with the addition of new proper shipping name(s) 
for UN3166, Special provision 134 would be revised to specify that a 
battery-powered vehicle or equipment that also contains an internal 
combustion engine must be consigned under the entry ``Engine, internal 
combustion, flammable gas powered'' or ``Engine, internal combustion, 
flammable liquid powered'' or ``Vehicle, flammable gas powered'' or 
``Vehicle, flammable liquid powered,'' as appropriate. These entries 
include hybrid electric vehicles powered by both an internal combustion 
engine and batteries. Furthermore, a battery-powered vehicle or 
equipment that contains a fuel cell engine must be consigned under the 
entries ``Engine, fuel cell, flammable gas powered'' or ``Engine, fuel 
cell, flammable liquid powered'' or ``Vehicle, fuel cell, flammable gas 
powered'' or ``Vehicle, fuel cell, flammable liquid powered, as 
appropriate. These entries include

[[Page 52084]]

hybrid electric vehicles powered by a fuel cell, an internal combustion 
engine, and batteries.
    Special provision 135 would be revised to specify that an internal 
combustion engine installed in a vehicle must be consigned to the 
entries ``Vehicle, flammable gas powered'' or ``Vehicle, flammable 
liquid powered,'' as appropriate. These entries include hybrid electric 
vehicles powered by both an internal combustion engine and wet, sodium 
or lithium batteries installed. If a fuel cell engine is installed in a 
vehicle, the vehicle must be consigned using the entries ``Vehicle, 
fuel cell, flammable gas powered'' or ``Vehicle, fuel cell, flammable 
liquid powered,'' as appropriate. These entries include hybrid electric 
vehicles powered by a fuel cell, an internal combustion engine, and 
batteries.
    Special provision 149 would be revised to indicate that the 
exception provided may not be used for transportation by aircraft. This 
special provision authorizes an increased amount of certain Class 3 
(flammable liquid) materials in PG II that are also consumer 
commodities and is not consistent with the limited quantities 
authorized for air transportation in Sec.  173.27(f) of the HMR.
    Special provision 157 would be deleted because the language of this 
provision has been combined with the language of revised Special 
provision 135. Special provision 157 is currently assigned to the 
entries ``Vehicle, fuel cell, flammable gas powered'' and ``Vehicle, 
fuel cell, flammable liquid powered'' and instructs shippers that these 
entries include hybrid electric vehicles powered by both an internal 
combustion engine and wet, sodium or lithium batteries installed.
    Special provision 167 would be revised to require metal hydride 
storage system(s) installed in conveyances, etc., to be approved by the 
competent authority before acceptance for transport. Special provision 
167 would also be applicable, where appropriate, to UN3166 entries 
powered by fuel cells.
    Special provision 198 would be revised to include ``Perfumery 
products, UN1266'' among the list of products that nitrocellulose 
solutions containing not more than 20% nitrocellulose can be 
transported as. PHMSA is also proposing to revise this provision to 
clarify that the nitrocellulose may not contain more that 12.6% 
nitrogen by dry mass.
    A new Special provision 340 would be added to provide special 
instruction for the vessel transport of nickel-metal hydride batteries 
(including cells). Except for nickel-metal hydride button cells or 
nickel-metal hydride cells or batteries packed with or contained in 
equipment, nickel-metal hydride cells or batteries would be required to 
be securely packed and protected against short circuits in the same 
manner as batteries transported as ``Batteries, dry, sealed, n.o.s.'' 
Additionally, when loaded in a vessel cargo transport unit in a total 
quantity of 100 kg gross mass or more, nickel-metal hydride batteries 
would be subject to the shipping paper and dangerous cargo manifest 
requirements under Sec.  176.30 of the HMR.
    A new Special provision 343 would be added and assigned to new HMT 
entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' indicating 
that for international transportation, this entry in the HMT must be 
used for petroleum crude oil containing hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil can present an 
inhalation hazard. As discussed in detail in response to comments 
submitted to the ANPRM, for domestic transportation only, consideration 
of vapor toxicity levels would not be required and the appropriate non-
toxic petroleum description may be used. However, a bulk packaging when 
used for the domestic transport of petroleum crude oil would be 
required to be marked in accordance with the new marking prescribed in 
Sec.  172.327 of the HMR to provide warning of the potential hazard 
from inhalation of hydrogen sulfide vapors.
    A new Special provision 345 would be added excepting from the 
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic 
liquid, UN1977'' transported in open cryogenic receptacles with a 
maximum capacity of 1 L. The receptacles must be constructed with glass 
double walls having the space between the walls vacuum insulated and 
each receptacle must be transported in an outer packaging with 
sufficient cushioning and absorbent materials to protect the receptacle 
from damage.
    A new Special provision 346 would be added excepting from the 
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic 
liquid, UN1977'' transported in accordance with the requirements for 
open cryogenic receptacles in Sec.  173.320 of the HMR. The receptacle 
must contain no hazardous materials other than the liquid nitrogen 
which must be fully absorbed in a porous material in the receptacle.
    A new Special provision 347 would be added restricting the use of 
certain HMT entries classed as Division 1.4S explosive materials to 
those substances and articles passing Test series 6(d) of Part I of the 
UN Manual of Tests and Criteria (see Section 172.101 Hazardous 
Materials Table (HMT) for the list of proper shipping names that would 
be assigned Special provision 347). A Division 1.4 explosive is defined 
as an explosive that presents a minor explosion hazard such that 
hazardous effects are confined to a package and no projection of 
fragments of appreciable size or range are expected; and that an 
external fire must not cause virtually instantaneous explosion of 
almost the entire contents of a package containing a Division 1.4 
explosive. Under Sec.  173.58 of the HMR, an explosive substance or 
article is subjected to Test series 6(a), 6(b), and 6(c) for assignment 
to an appropriate division (e.g. Division 1.4). Explosive substances or 
articles are assigned to Division 1.4, Compatibility Group S (1.4S) if 
hazardous effects are confined within a package or the blast and 
projection effects do not significantly hinder emergency response 
efforts. Test series 6(a), 6(b), and 6(c) address hazard effects from 
exposure of the package to a fire but do not address whether hazardous 
effects from functioning of the substance or articles is confined 
within the package. PHMSA is concerned that there is a possibility that 
products classified as Division 1.4S based on behavior in a fire 
according to test procedures of Type 6(c) may still produce a hazardous 
effect that, when initiated, is not confined to a package. Initiation 
or ignition as a result of fire, after the package is degraded, may 
produce different results from functioning with the intended means of 
ignition or initiation. Knowledge of the behavior of the article or 
substance in both cases is needed to allow proper classification.
    As discussed in the comment summary in response to the ANPRM, PHMSA 
is proposing to require the Type 6(d) test as prescribed in Section 
16.7 of the Fifth revised edition of the UN Manual of Tests and 
Criteria in the new Special provision 347. PHMSA is proposing that for 
affected articles intended for transportation by aircraft, the 
effective date of this new requirement is April 1, 2011. If a 
manufacturer or approval holder of affected articles previously classed 
and approved as Division 1.4S chooses to continue offering such 
shipments by aircraft, the articles must be successfully tested under 
Test Series 6(d) and a new approval obtained from PHMSA. Additionally, 
a previously classed and approved Division 1.4S article that is not 
successfully tested under Test Series

[[Page 52085]]

6(d) must be assigned to a compatibility group other than ``S'' (e.g., 
B, C, or D) prior to the April 1, 2011 effective date if intended for 
transportation by aircraft on or after that date. PHMSA is also 
proposing that for Division 1.4S articles approved prior to January 1, 
2012 and, are intended for domestic highway or rail transportation, the 
effective date of testing to maintain Division 1.4S classification or 
reclassification to a higher compatibility group other than ``S'' is no 
later than January 1, 2014. For previously approved affected articles, 
for transportation other than by aircraft, reclassification to a 
compatibility group other than ``S'' may be accomplished by using 
existing data and when recommended by an authorized examination and 
testing agency approved by PHMSA. For international highway, rail and 
vessel transportation, the proposed effective date of Type 6(d) testing 
requirements or reclassification for new and previously produced 
affected articles is January 1, 2012.
    A new Special provision 349 would be added and assigned to 
``Hypochlorites, inorganic, n.o.s., UN3212'' to specify that transport 
of mixtures of hypochlorite and an ammonium salt is forbidden.
    A new Special provision 350 would be added and assigned to 
``Bromates, inorganic, n.o.s., UN1450'' and ``Bromates, inorganic, 
aqueous solution, n.o.s., UN3213'' to specify that transport of 
ammonium bromate and its aqueous solutions and mixtures of a bromate 
and an ammonium salt is forbidden.
    A new Special provision 351 would be added and assigned to 
``Chlorates, inorganic, n.o.s., UN1461'' and ``Chlorates, inorganic, 
aqueous solution, n.o.s., UN3210'' to specify that transport of 
ammonium chlorate and its aqueous solutions and mixtures of a chlorate 
and an ammonium salt is forbidden.
    A new Special provision 352 would be added and assigned to 
``Chlorites, inorganic, n.o.s., UN1462'' to specify that transport of 
ammonium chlorite and its aqueous solutions and mixtures of a chlorite 
and an ammonium salt is forbidden.
    A new Special provision 353 would be added and assigned to 
``Permanganates, inorganic, n.o.s., UN1482'' and ``Permanganates, 
inorganic, aqueous solution, n.o.s., UN3214'' to specify that transport 
of ammonium permanganate and its aqueous solutions and mixtures of a 
permanganate and an ammonium salt is forbidden.
    A new Special provision 357 would be added and assigned to the 
entry ``Petroleum crude oil, UN1267'' to clarify that when transported 
internationally, petroleum crude oil containing hydrogen sulfide in 
sufficient concentration that vapors evolved from the crude oil can 
present an inhalation hazard must be transported under the entry 
``Petroleum sour crude oil, flammable, toxic, UN3494.'' As discussed in 
detail in response to comments submitted to the ANPRM, for domestic 
transportation, use of the toxic description is not required; however, 
a bulk package would be required to be marked in accordance with the 
requirement of new Sec.  172.327 of the HMR. See Section 173.327 for a 
discussion of the proposed marking requirement.
    Special provision A59 would be revised consistent with amendments 
made to Special provision A131 of the 2011-2012 ICAO TI. Special 
provision A59 allows for sterilization devices containing ethylene 
oxide to be offered for transportation and transported by air (and 
thereby all modes) under the excepted quantity provisions of Sec.  
173.4a of the HMR. In this NPRM, PHMSA is proposing to revise Special 
provision A59 to clarify that it is only applicable to glass inner 
packagings, such as ampoules or capsules, intended for use in 
sterilization devices and containing ethylene oxide. Currently, the 
special provision does not explicitly limit the material of 
construction to glass for inner packagings as intended.
    A new Special provision A112 would be added authorizing the 
transportation of certain IBCs by passenger and cargo-only aircraft 
that contain up to a maximum net quantity of 1,000 kg of a 
Environmentally hazardous substance, solid, n.o.s. (UN3077). This 
amendment is consistent with the authorization in the 2011-2012 ICAO 
TI.
    In paragraph (c)(4), Table 1 (IBC Codes) would be editorially 
revised to remove UN Specifications 31A, 31B and 31N from IBC Codes 
IB4, IB5, IB6, IB7, and IB8. This revision is consistent with 
amendments to international standards and removes the specifications 
from the indicated codes in the table because IBC Codes IB4 through IB8 
are assigned to solids whereas, UN Specifications 31A, 31B, and 31N are 
authorized for transportation of liquids in IBC Codes IB1 through IB3 
and assigned to liquid materials.
    A new portable tank special provision TP36 would be added 
authorizing the use of fusible elements in the vapor space of portable 
tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65 
bar). See Section 178.275 for a detailed discussion. This portable tank 
special provision is only applicable to the following organometallic 
materials:

UN3391 Organometallic substance, solid, pyrophoric.
UN3392 Organometallic substance, liquid, pyrophoric.
UN3393 Organometallic substance, solid, pyrophoric, water-reactive.
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive.
UN3395 Organometallic substance, solid, water-reactive.
UN3396 Organometallic substance, solid, water-reactive, flammable.
UN3397 Organometallic substance, solid, water-reactive, self-heating.
UN3398 Organometallic substance, liquid, water-reactive.
UN3399 Organometallic substance, liquid, water-reactive, flammable.
UN3400 Organometallic substance, solid, self-heating.
    A new Special provision W1 would be added indicating that the 
hazardous materials ``Potassium nitrate, UN1486,'' ``Sodium nitrate, 
UN1498,'' and ``Sodium nitrate and Potassium nitrate mixtures, UN1499'' 
are not subject to the HMR when transported by vessel in non-friable 
prills or granules form. The material would be required to be 
accompanied by a certificate from an accredited laboratory stating that 
the product has been properly sampled and tested by the laboratory 
according to the UN Manual of Tests and Criteria.
Section 172.203
    Section 172.203 specifies additional hazardous materials 
description requirements on shipping papers. Paragraph (b) is revised 
to indicate that when a shipping paper is required, a limited quantity 
must be indicated as such. This revision is necessary due to the 
shipping paper exception proposed in this notice for limited quantities 
intended for transportation by highway or rail.
Section 172.300
    Section 172.300 prescribes the applicability of the HMR marking 
requirements incorporated in subpart D. Paragraph (l)(1) of Sec.  
172.101 authorizes up to a one-year transition period for compliance 
when new amendments are made to the HMT. This transition period allows 
the continued use of preprinted shipping paper and marked packaging 
stock until depleted or for one year, whichever comes first. Consistent 
with the transition period authorized in Sec.  172.101(l)(1), in this 
NPRM we propose to amend Sec.  172.300 of the HMR to authorize the 
continued use of preprinted packaging stock for one-year or until 
depleted (whichever is less) regardless of whether the amendment is the 
result of a change made to the HMT, such as an amendment made to the 
text

[[Page 52086]]

of a required marking in a packaging section. This proposed amendment 
allows the continued use of preprinted packaging stock that is marked 
before the effective date of any final rule with markings in accordance 
with the manner previously authorized.
Section 172.312
    Section 172.312 prescribes the required orientation markings for 
non-bulk packages containing liquids. PHMSA is proposing to amend 
paragraph (c)(5) to clarify that the exception only applies to a 
hermetically sealed inner packaging or receptacle not exceeding 500 mL 
each.
Section 172.315
    Section 172.315 specifies the markings required on a package 
containing limited quantities of hazardous materials. These new 
markings are consistent with the UN Model Regulations, ICAO TI and IMDG 
Code and are required on packages of limited quantities offered for 
transportation by highway, rail, air and vessel. Additionally, PHMSA 
received positive comments submitted in response to the ANPRM 
concerning the new marking because the requirement specifies minimum 
dimensions on each side (100 mm) that substantially increases the 
visibility of the marking when compared with the current ORM-D marking 
prescribed in Sec.  172.316 of the HMR. Commenters stated that 
increased visibility of the mark will enhance safety while reducing 
regulatory burden.
    For limited quantities intended for transportation by vessel, this 
new marking with minimum dimensions of 250 mm on each side is required 
on cargo transport units containing limited quantities. For limited 
quantities intended for transportation by aircraft, the marking 
requirements are in accordance with the 2011-2012 ICAO TI (i.e., ``Y'' 
mark on a white square on point) in addition to any required labels.
Section 172.316
    Section 172.316 prescribes marking requirements for packages 
containing materials classed as ORM-D and ORM-D-AIR. If adopted in a 
final rule, the marking prescribed in this section will no longer be 
authorized for limited quantities three years after the effective date 
of the final rule.
Section 172.322
    Section 172.322 prescribes marking requirements for packages 
containing marine pollutants. PHMSA is proposing to add an exception 
from the marking requirement in new paragraph (d)(2)(iii) for packages 
of limited quantities marked in accordance with Sec.  172.315.
Section 172.324
    Section 172.324 prescribes marking requirements for packages 
containing hazardous substances in non-bulk packagings. PHMSA is 
proposing to revise paragraph (b) for packages containing hazardous 
substances marked in accordance with the limited quantity marking 
prescribed in Sec.  172.315.
Section 172.326
    Section 172.326 prescribes the marking requirements for portable 
tanks. In this notice, we are proposing to revise paragraph (a) to 
align the minimum height for a proper shipping name marked on a 
portable tank to 65 mm when offered for transportation and transported 
by vessel. This amendment is in response to a revision made in 
Amendment 35-10 of the IMDG Code.
Section 172.327
    New section 172.327 specifies the marking required for a bulk 
packaging containing petroleum crude oil to warn of the potential toxic 
inhalation hazard from vapors evolved from hydrogen sulfide present in 
the crude oil. PHMSA is proposing to require placement of the marking 
used for toxic materials under the Globally Harmonized System of 
Classification and Labeling of Chemicals (GHS) in the immediate 
vicinity of any location on a bulk packaging, such as loading heads and 
manholes that could pose a health risk to transportation workers if 
exposed to hydrogen sulfide vapors emitted from that location. This 
proposed hazard communication marking requirement is applicable to bulk 
packagings in domestic transportation only. The new hazardous materials 
description for ``Petroleum sour crude oil, flammable, toxic, UN3494'' 
proposed to be added to the HMT would be used for international 
transportation of petroleum crude oil with hydrogen sulfide in 
sufficient concentration that vapors evolved from the crude oil present 
an inhalation hazard (for both bulk and non-bulk packagings).
Section 172.500
    Section 172.500 specifies the applicability of placarding 
requirements to certain materials. PHMSA is proposing an amendment to 
paragraph (b)(3) to clarify that limited quantities marked in 
accordance with revised Sec.  172.315 of the HMR are not subject to 
placarding requirements.
Section 172.502
    Section 172.502 specifies prohibited and permissive placarding 
requirements. In this NPRM, PHMSA proposes to revise the exceptions 
provided in paragraph (b)(2) to include the sour crude oil marking and 
the limited quantity marking in Sec. Sec.  172.315 and 172.327 of the 
HMR, respectively.

Part 173

Section 173.4
    Section 173.4 prescribes the requirements for small quantities of 
hazardous materials offered for transportation and transported by 
domestic highway or rail. PHMSA is proposing to revise paragraph (a) 
and add new paragraph (a)(1)(v) to allow Division 2.2 (non-flammable, 
non-poisonous, compressed gas) material without a subsidiary hazard 
(except for aerosols) without applying for an approval from the 
Associate Administrator as prescribed under paragraph (c) of this 
section. Other Class 2 materials, including Division 2.2 aerosols, will 
still require approval under Sec.  173.4(c) of the HMR. These 
amendments are consistent with the authorization under Sec.  
173.4a(b)(1) for Division 2.2 gases without a subsidiary hazard as well 
as our proposal to exclude aerosols from authorized materials in Sec.  
173.4a of the HMR. See Section 173.4a for a discussion of revisions 
proposed for excepted quantities of hazardous materials.
Section 173.4a
    Section 173.4a prescribes the requirements for excepted quantities 
of hazardous materials offered for transportation and transported by 
all modes, domestic or international. PHMSA is proposing to amend 
paragraph (a) by adding a new paragraph (a)(4) for pressure 
differential capability for packages intended for transportation by 
aircraft in accordance with Sec.  173.27(c) of the HMR. PHMSA is also 
proposing to amend paragraph (b)(1) to clarify that the authorization 
for Division 2.2 (non-flammable, non-poisonous, compressed gas) 
excludes aerosols as an excepted quantity material. Such articles are 
authorized as a limited quantity under both domestic and international 
standards. Additionally, PHMSA is proposing to revise paragraph (b)(5) 
to add polyester resin kits to the types of Division 5.2 (organic 
peroxide) material authorized as an excepted quantity and to revise 
paragraph (d)(3) by correcting the outer packaging aggregate quantity 
limit for Division 5.2 liquids from 250 mL to 500 mL.

[[Page 52087]]

Section 173.4b
    Section 173.4b prescribes the requirements for de minimis 
quantities of hazardous materials offered for transportation and 
transported by all modes, domestic or international. Consistent with 
the international standards, PHMSA is proposing to add a new paragraph 
(b) to except non-infectious specimens preserved with small amounts of 
certain Class 3 (flammable liquid) materials for scientific purposes 
from the requirements of the HMR. This amendment is also consistent 
with previous interpretations we have issued on this matter indicating 
these specimens do not pose a risk to safety during the course of 
transportations.
Section 173.25
    Section 173.25 prescribes the requirements for certain authorized 
packagings and overpacks. Consistent with the international standards, 
PHMSA is proposing to require an overpack containing packages of 
limited quantity material marked with the new limited quantities 
marking proposed in this NPRM (see the Section 172.315 discussion) to 
be marked with the word ``OVERPACK'' if the markings are not visible, 
in addition to all other required package markings. This mark is an 
indication that the packages contained within the overpack are in 
accordance with the HMR. Additionally, for excepted quantities (see the 
Section 173.4a discussion) where the required package markings are not 
visible inside an overpack, the excepted quantities marking must also 
be placed on the overpack. An overpack containing packages of excepted 
quantities is not required to be marked with the word ``OVERPACK.''
Section 173.27
    Section 173.27 prescribes the general requirements for packaging 
offered or intended for air transportation. In this NPRM, PHMSA is 
proposing to amend paragraph (f) by adding a new Table 3 that outlines 
the requirements for limited quantities intended for air transportation 
consistent with the 2011-2012 ICAO TI where appropriate.
Section 173.40
    Section 173.40 specifies the general packaging requirements for 
toxic materials packaged in cylinders. PHMSA is proposing to amend 
paragraph (c)(1) concerning closure requirements by requiring the valve 
connections on UN Specification cylinders to be made by a taper thread 
or some other means in accordance with ISO Standard 10692-2:2001.
Section 173.59
    Section 173.59 provides definitions of explosive terms and are 
intended for information only. The UN recently defined the term 
``phlegmatized'' as applying to the addition of a substance to an 
explosive to enhance its safety in handling and transport. In this 
NPRM, PHMSA is proposing to adopt the definition in the HMR without 
modification.
Section 173.63
    Section 173.63 specifies packaging exceptions for certain Division 
1.4S explosive articles authorized for reclassification and transport 
as ORM-D material. Based on the proposed elimination of the ORM-D 
hazard class, in this NPRM, PHMSA is authorizing the current exceptions 
to continue to be used in all domestic modes of transportation for at 
least three years after the effective date of a final rule, if adopted. 
PHMSA invites comments or suggestions on how to facilitate a 
straightforward transition from transportation of explosives articles 
reclassed as ORM-D to transportation as limited quantity material such 
that it ensures no undue burdens are placed on shippers and carriers of 
such articles.
    PHMSA is also proposing in Sec.  173.63 to require ``Cartridges, 
power devices, ORM-D-AIR'' (UN0323), before being offered for 
transportation by aircraft, to have been successfully tested in 
accordance with the new UN Test Series 6(d) test effective April 1, 
2011. This proposed requirement is a precondition for reclassification 
from Division 1.4S to ORM-D for such articles intended for 
transportation by international highway, rail and vessel effective 
January 1, 2012. Articles approved as Division 1.4S prior to January 1, 
2012, may continue to be offered in domestic highway and rail 
transportation only until January 1, 2014.
Section 173.120
    Section 173.120 defines Class 3 (flammable liquid) material. PHMSA 
is proposing to revise paragraph (c) to add new testing methods for 
determining the flash point of a liquid.
Section 173.121
    Section 173.121 prescribes the packing group assignment for 
flammable liquids. Currently, the HMR do not specify test method for 
determining the boiling point of a liquid which may be necessary for 
liquids with very low flash points. PHMSA is proposing to revise 
paragraph (a) to add new testing methods for determining the boiling 
point of a liquid.
Section 173.124
    Section 173.124 defines Class 4 material. For consistency with a 
revision adopted in the UN Model Regulations, PHMSA proposes to amend 
the definition of ``self-heating'' in Sec.  173.124(b)(2) of the HMR to 
read: ``Self-heating of a substance is a process where the gradual 
reaction of that substance with oxygen (in air) generates heat. If the 
rate of heat production exceeds the rate of heat loss, then the 
temperature of the substance will rise which, after an induction time, 
may lead to self-ignition and combustion.''
Section 173.137
    Section 173.137 establishes test criteria and packing group 
assignments for Class 8 (corrosive) material. Since 1993, PHMSA has 
authorized under the terms of a special permit an in vitro test method 
as an alternative form of testing to that specified in the HMR to 
determine the corrosivity of certain substances. Substances authorized 
for analysis using the alternative test method include acids (and their 
derivatives), acyl halides, alkylamines and polyalkylamines, bases, 
chlorosilanes, metal halides, and oxyhalides.
    The UN Committee of Experts (COE) recently recognized and adopted 
in vitro test methods in the UN Model Regulations as an alternative 
form of testing to that specified in OECD Guideline for Testing of 
Chemicals, Number 404, ``Acute Dermal Irritation/Corrosion.'' These 
alternative in vitro test methods include:
     OECD Guidelines for the Testing of Chemicals, No. 430, 
``In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test 
(TER)'' (2004);
     No. 431, ``In Vitro Skin Corrosion: Human Skin Model 
Test'' (2004); and
     No. 435, ``In Vitro Membrane Barrier Test Method for Skin 
Corrosion'' (2006).
    A positive result under in vitro methods 430 and 431 may be used to 
determine corrosivity for transportation purposes but cannot be used to 
determine the PG assignment. A negative result for corrosivity under in 
vitro methods 430 and 431 can preclude further testing to determine PG 
assignment using method 404, the current OECD Guideline involving in 
vivo testing or, method 435, the newly adopted OECD Guideline involving 
in vitro testing.
    Based on the adoption of three new OECD guidelines for the in vitro 
testing of materials for corrosivity in the UN Model Regulations and 
our own initiative, PHMSA is proposing to adopt such guidelines as 
matter incorporated

[[Page 52088]]

by reference (IBR) in Sec. Sec.  171.7 and 173.137 of the HMR. This is 
consistent with a petition for rulemaking (P-1550) filed by the People 
for the Ethical Treatment of Animals (PETA), who voice strong support 
for such action.
Section 173.144
    Section 173.144 would be editorially revised by adding the 
descriptions ``Cartridges, small arms'' and ``Cartridges, power 
device'' and removing the description ``Consumer commodity.''
Sections 173.150, 173.151, 173.152, 173.153, 173.154, 173.155
    Sections 173.150 through 173.155 prescribe the exceptions from 
certain regulation as Class 3, 8 and 9 and Division 4.1, 4.2, 4.3, 5.1, 
5.2 and 6.1 materials under the HMR. PHMSA is proposing to revise each 
of these sections to recognize the UN Model Regulations and IMDG Code 
provisions for the highway, rail, and vessel transportation of limited 
quantities. No quantity limits are proposed to decrease; however, two 
are increased slightly to maintain alignment.
    Section 173.150 prescribes specific exceptions for Class 3 
(flammable and combustible liquid) materials. Paragraph (d) prescribes 
exceptions for alcoholic beverages (wine and distilled spirits) as 
defined in 27 CFR 4.10 and 5.11. In this NPRM, PHMSA is proposing to 
revise paragraph (d) only to clarify the exceptions by mode of 
transport in order to provide a better understanding of the 
applicability of the HMR to such materials.
    When we lowered the quantity limits for limited quantities of 
Division 6.1 (primary or subsidiary) hazardous materials in PG II in a 
final rule published June 13, 2005 (HM-215G) (70 FR 34065), we did not 
remove the labeling requirement for such materials when intended for 
transportation by highway, rail and vessel nor did we authorize them as 
``Consumer commodity, ORM-D'' material. In this NPRM, except for 
transportation by aircraft, we are proposing to remove the labeling 
requirement for all limited quantities of Division 6.1 materials in PG 
II and III as authorized under Sec.  173.153. When the exceptions 
Column (8A) of the HMT specifies Section 173.153, and the packaged is 
marked in accordance with Sec.  172.315, PHMSA is proposing not to 
require a Division 6.1 label for transportation by highway, rail and 
vessel. We believe this alignment with international standards will 
promote compliance without compromising safety.
Section 173.156
    Section 173.156 prescribes the conditions under which materials 
reclassed as ORM-D may be offered for transportation and transported in 
excepted types of packagings or in excess of authorized weight limits 
when transported to or from a manufacturer, a distribution center, 
retail outlet, or disposal facility. In this notice, PHMSA is proposing 
to eliminate the ORM-D hazard class (after three years), if adopted in 
a final rule. Until that time, use of exceptions provided in Sec.  
173.156 will be authorized and extended to all limited quantities 
marked in accordance with Sec.  172.315 regardless of whether they also 
meet the definition of a ``Consumer commodity'' or not. In this NPRM, 
PHMSA is proposing that markings prescribed in Sec.  172.316 (ORM-D and 
ORM-D-AIR) will no longer be authorized on or after January 1, 2014.
Section 173.161
    Section 173.161 prescribes packaging requirements for chemical kits 
and first aid kits containing small amounts of hazardous materials. In 
this notice, PHMSA is proposing to editorially revise the section. In 
addition, PHMSA is proposing to allow transport of dry ice in 
accordance with the packaging requirements of Sec.  173.217 in 
packaging authorized under this section when used as a refrigerant for 
the contents of a kit. For chemical and first aid kits intended for 
transportation by air, the reader is also directed to Sec.  173.27 of 
the HMR.
Section 173.165
    A new section 173.165 would be added to prescribe packaging and 
other requirements for ``Polyester resin kits, UN3269'' formerly 
contained in Sec.  172.102, Special provision 40 and Sec.  
173.152(b)(4) of the HMR. This amendment is intended to provide 
clarification of existing requirements while also harmonizing with 
international standards.
Section 173.167
    A new section 173.167 would be added to indicate authorized 
materials and quantity limits for articles and substances that may be 
described as ``Consumer commodity, ID8000'' when intended for 
transportation by aircraft. Such articles and substances eligible for 
classification or reclassification to Class 9 are Class 2 materials 
(non-toxic aerosols only), Class 3 materials (Packing Group II and III 
only), Division 6.1 (Packing Group III only), UN/NA3077, UN/NA3082, and 
UN3175 provided such materials do not have a subsidiary risk and are 
authorized aboard a passenger-carrying aircraft. Inner and outer 
packaging quantity limits are based on Packing Instruction Y963 of the 
2011-2012 ICAO TI. Specification outer packagings are not required 
under the conditions prescribed in this section.
Section 173.220
    Section 173.220 provides exceptions from regulation under the HMR 
for the transport of internal combustion engines, self-propelled 
vehicles, mechanical equipment containing internal combustion engines, 
and battery-powered vehicles or equipment. This section would be 
revised to include engines, vehicles, and equipment powered by fuel 
cells consistent with similar provisions under international standards.
Section 173.225
    Section 173.225 specifies packaging requirements and other 
provisions for organic peroxides. When the Sec.  172.101 HMT specifies 
this section, the organic peroxide must be packaged and offered for 
transportation in accordance with the provisions of this section. Each 
packaging must also conform to the general requirements of subpart B of 
part 173 and to the applicable requirements of part 178 of the HMR. 
Specifically, organic peroxides that require temperature control are 
subject to Sec.  173.21(f). When an IBC or bulk packaging is authorized 
and meets the requirements of paragraph (f) or (h) of Sec.  173.225, 
respectively, lower control temperatures than those specified for non-
bulk packaging may be required. An organic peroxide not identified in 
paragraph (c), (e), or (g) of Sec.  173.225 by technical name, or not 
assigned to a generic type in accordance with paragraph (b)(3) of this 
section, must conform to the requirements in paragraph (c) of Sec.  
173.128.
    The Organic Peroxides Table specifies by technical name those 
organic peroxides that are authorized for transportation and not 
subject to the approval provisions of Sec.  173.128. An organic 
peroxide identified by technical name is authorized for transportation 
only if it conforms to all applicable provisions of the table. In this 
NPRM, PHMSA is proposing to amend the Organic Peroxide Table in Sec.  
173.225(c)(8) by adding a new entry and revising current entries. We 
are also proposing to revise an entry to the Organic Peroxide IBC Table 
in paragraph (e) of this section.
    The following entries in the Organic Peroxide Table are being 
revised:

[[Page 52089]]

UN3106 Di-(2-tert-butylperoxyisopropyl) benzene(s).
Exempt Di-(2-tert-butylperoxyisopropyl) benzene(s).
UN3105 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.
    The following entry would be added to the Organic Peroxide Table:
UN3103 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.
    The following entry in the Organic Peroxide IBC Table is being 
revised:
UN3109 Peroxyacetic acid, stabilized, not more than 17%.
Section 173.230
    Section 173.230 prescribes the requirements for fuel cells offered 
for transportation by all modes. In paragraph (g), PHMSA is proposing 
to allow only those fuel cells containing flammable liquids and 
corrosive materials to be transported as a limited quantity by 
aircraft. In paragraph (h), PHMSA is also proposing to prohibit the 
reclassification to ``Consumer commodity, ORM-D-AIR'' for 
transportation by aircraft.
Section 173.301b
    Section 173.301b prescribes general requirements for shipment of UN 
pressure receptacles. PHMSA is proposing to revise paragraph 
(c)(2)(iii) to indicate that valve protection requirements for metal 
hydride storage systems are specified in ISO 16111. Additionally, we 
are proposing to revise paragraph (e) regarding the integrity of UN 
pressure receptacles used for pyrophoric gases or flammable mixtures of 
gases containing more than 1% pyrophoric compounds in accordance with 
the 16th revised edition of the UN Model Regulations.
Section 173.306
    Section 173.306 prescribes the requirements for limited quantities 
of compressed gases. PHMSA is proposing to revise paragraphs (i) and 
(k) of the section to recognize the proposed new marking for limited 
quantities of such materials and provide a transitional period for the 
eventual elimination of the ORM-D hazard class.
    PHMSA is proposing to revise paragraph (h) to clarify that except 
for transportation by aircraft, lighter refills in the ORM-D hazard 
class are eligible for the exceptions in paragraph (i) of the section 
and Sec.  173.156.
Section 173.307
    Section 173.307 establishes exceptions for compressed gases. In 
this NPRM, PHMSA is proposing to add certain light bulbs provided they 
are packaged appropriately so that if a bulb ruptures all pieces are 
contained within the package.
Section 173.311
    PHMSA is proposing to add a new Sec.  173.311 to prescribe the 
packaging requirements for Metal hydride storage systems, UN3468, used 
for the transport of hydrogen. A metal hydride storage system is a 
single complete hydrogen storage system that includes a receptacle, 
metal hydride, a pressure relief device, a shut-off valve, service 
equipment and internal components.
    The HMR currently do not prescribe specific packaging or shipping 
methods for metal hydride storage systems containing hydrogen. However, 
PHMSA has issued a number of special permits to allow the use of these 
systems for transport. The UN Model Regulations, in new Packing 
Instruction P205, prescribe standards for the construction, 
qualification, marking and requalification of such systems and is the 
basis for the proposed HMR requirements. Some amendments proposed in 
new Sec.  173.311 include:
     Applies to transportable metal hydride storage systems 
with pressure receptacles not exceeding 150 liters in water capacity 
and having a maximum developed pressure not exceeding 25 MPa.
     Requires transportable metal hydride storage systems to be 
designed, constructed, initially inspected and tested in accordance 
with ISO standard 16111:2008, ``Transportable gas storage devices--
Hydrogen absorbed in reversible metal hydride.'' as authorized under 
Sec.  178.71(f) (formerly reserved).
     Requires steel pressure receptacles or composite pressure 
receptacles with steel liners to be marked in accordance with Sec.  
173.301b(f) of the HMR which specifies that a steel UN pressure 
receptacle bearing an ``H'' mark must be used for hydrogen bearing 
gases or other gases that may cause hydrogen embrittlement.
     Requires a requalification interval of no more than five 
years as specified in Sec.  180.207 of the HMR in accordance with the 
requalification procedures prescribed in ISO 16111.
Section 173.320
    Section 173.320 provides exceptions from certain regulations for 
cryogenic liquids. In this NPRM, PHMSA is proposing to add a paragraph 
clarifying authorization of use of the IMDG Code for the transportation 
of cryogenic liquids aboard vessels consistent with amendments made to 
the IMDG Code concerning stowage of cryogenic liquids.
Section 173.322
    Section 173.322 prescribes various packaging methods for ethyl 
chloride. In this NPRM, PHMSA is proposing to adopt the amended 
provisions from packaging instruction P200 of the UN Model Regulations 
for ethyl chloride in a new paragraph (e). This new packaging method 
authorizes ethyl chloride in capsules not exceeding 150 g of gas each, 
closed with a secondary means applied, and placed in a strong outer 
packaging not to exceed 75 kg gross mass.

Part 175

Section 175.8
    Section 175.8 provides for exceptions from certain regulation for 
air carrier operator equipment and items of replacement. PHMSA is 
proposing to revise paragraph (b)(3) to clarify that transportation of 
alcoholic beverages, perfumes, colognes, and liquefied gas lighters 
carried aboard a passenger-carrying aircraft by an operator must be for 
use or sale of those items on that specific aircraft. See Ref. No. 09-
0207 under the ``Interpretations'' link on our Web site.
Section 175.9
    Section 175.9 prescribes the applicability of the HMR to special 
aircraft and rotocraft operations. This section also prescribes the 
conditions under which certain operations may be performed in 
accordance with 14 CFR and 49 CFR (e.g., avalanche and weather 
control). In this notice, PHMSA is emphasizing that rotocraft 
operations are fully subject to both sets of regulations.
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew 
members or an operator may carry hazardous materials aboard an 
aircraft. PHMSA is proposing to add a new paragraph (a)(17) to permit a 
mobility aid such as a wheelchair, containing a lithium-ion battery, to 
be transported in accordance with the exceptions provided in this 
section. A wheelchair or other mobility aid that contains a lithium 
metal battery is not permitted aboard a passenger-carrying aircraft. As 
a result of this proposed amendment, current paragraph (a)(17) is 
redesignated as paragraph (a)(18) and current paragraph (a)(18) is 
redesignated as paragraph (a)(19).
    Paragraph (a)(19) is being revised to allow passengers and crew 
members to place certain spare fuel cell cartridges in checked baggage. 
This exception does not apply to Divisions 2.1 or 4.3

[[Page 52090]]

materials contained in spare fuel cell cartridges. Although the ICAO TI 
only restricts spare fuel cell cartridges containing Division 4.3 
materials from checked baggage, PHMSA strongly believes that the 
restriction should also include spare cartridges containing Division 
2.1 materials. Thus, PHMSA is proposing a risk-based regulatory 
amendment to allow spare fuel cell cartridges containing flammable and 
corrosive liquids in checked baggage while continuing to require spare 
fuel cell cartridges containing Division 2.1 and 4.3 materials to be 
carried aboard in carry-on baggage only. This proposal is also 
consistent with the risk-based limited quantity authorization for fuel 
cells and cartridges containing Division 2.1 and 4.3 materials offered 
for transportation and transported by aircraft in amendments proposed 
in Sec.  173.230 of this notice.
Section 175.25
    PHMSA is proposing to require operators to provide certain 
information to passengers regarding what hazardous materials they may 
check-in or carry-on a flight. Effective January 1, 2011, this 
information is to be provided at points of ticket sale and, effective 
January 1, 2013, at automated or remote passenger check-in. Consistent 
with the ICAO TI, if adopted these amendments will require a passenger 
to acknowledge limitations before a ticket purchase and automated or 
remote check-in can be finalized. PHMSA believes these amendments only 
clarify existing regulatory requirements in Sec.  175.25 that have not 
been updated due to changing technologies used by air carriers to 
either sell tickets (Internet) or check-in passengers (automated 
kiosks). Additionally, these amendments provide air carriers greater 
flexibility in how the information they are required to provide 
passengers on hazardous materials is disseminated to them.
Section 175.30
    Section 175.30 prescribes inspection procedures for operators. 
PHMSA is revising paragraph (e) regarding overpack marking requirements 
for packages of limited quantities offered for transportation by 
aircraft.
Section 175.75
    Section 175.75 prescribes quantity limitations and cargo location 
requirements for hazardous materials transported by aircraft. PHMSA is 
proposing to revise paragraph (e) to correct an inadvertent cargo 
compartment restriction for passenger-authorized materials carried 
aboard a cargo-only aircraft published in a final rule under docket HM-
215J (January 14, 2009; 74 FR 2267). PHMSA is also proposing to revise 
the paragraph (f) Quantity and Loading Tables for clarity.
Section 175.78
    Section 175.78 prescribes the stowage compatibility of hazardous 
materials offered for transportation by aircraft. PHMSA is proposing to 
revise paragraph (c)(4)(iii) to specify that except as provided in 
paragraph (c)(4)(iv) of Sec.  175.78, Division 1.4B explosive materials 
may only be stowed together with Division 1.4S explosive materials. 
This revision is in accordance with an amendment made in the 2011-2012 
ICAO TI.

Part 176

Section 176.2
    Section 176.2 establishes definitions specific to the 
transportation of hazardous materials by vessel. PHMSA is proposing to 
revise the definition for ``Cargo transport unit'' to include a 
multiple-element gas container or MEGC.
Section 176.76
    Section 176.76 prescribes certain requirements for transport 
vehicles, freight containers, and portable tanks containing hazardous 
materials transported by vessel. In this notice, we are revising 
paragraph (a)(9) to require that when security devices, beacons or 
other tracking or monitoring equipment are used, they must be securely 
installed and must be of a certified safe type for the hazardous 
materials that will be carried within the freight container or 
transport vehicle.
Section 176.84
    Section 176.84 outlines additional requirements for stowage and 
segregation of hazardous materials transported by cargo and passenger 
vessels. In this NPRM, PHMSA is proposing to remove the redundant 
stowage code ``143.'' This provision is currently assigned to UN1259, 
UN2845, UN3194, UN3392, and UN3394 which prohibits the carriage of them 
aboard a vessel transporting Class 1 explosive material (except for 
explosive of Division 1.4S). See the Section 172.101 Hazardous 
Materials Table changes for our proposed amendment that adds stowage 
code ``78'' to the above materials of extreme flammability. Such 
materials are now required to be ``separated longitudinally by an 
intervening complete compartment or hold from explosives'' based on 
amendments adopted in the IMDG Code.
Section 176.142
    Section 176.142 prescribes the requirements for hazardous materials 
of extreme flammability transported on the same vessel as Class 1 
(explosive) materials. In this NPRM, PHMSA is proposing to delete this 
outdated section as the restriction no longer exists. Hazardous 
materials of extreme flammability are no longer prohibited from stowage 
on the same vessel as explosives. For these entries, the most 
restrictive stowage requirements will be required.
Section 176.905
    Section 176.905 prescribes specific requirements for motor vehicles 
or mechanical equipment powered by internal combustion engines that are 
offered for transportation and transported by vessel. For consistency 
with Amendment 35-10 of the IMDG Code, PHMSA is proposing to remove the 
signage requirement for such articles in paragraph (a)(5) and the 
ignition key removal provisions from paragraph (a)(6).

Part 178

Section 178.71
    Section 178.71 establishes the specifications for UN pressure 
receptacles. In this NPRM, we are proposing to amend the cylinder 
bundle marking requirements in Sec.  178.71(e) by adding a new 
paragraph (e)(8) specifying pressure vessel markings only apply to the 
pressure vessel itself and not to the assembly structure of the bundle. 
Additionally, we are proposing to add new paragraphs (f) and (m), that 
establish the design and construction requirements for UN metal hydride 
storage systems and refillable welded cylinders, respectively. To 
accomplish this, we are redesignating paragraphs (m) through (r) as 
paragraphs (n) through (s), and revising paragraphs (q) and (s) 
accordingly to correct paragraph references. Further, we are adding 
three ISO standards to the IBR table in Sec.  171.7 of this subchapter 
for UN refillable welded cylinders (4706, 18172-1 and 20703). Lastly, 
we are proposing to require that transportable metal hydride storage 
systems (see Sec.  173.311) be designed, constructed, initially 
inspected and tested in accordance with ISO 16111:2008, ``Transportable 
gas storage devices--Hydrogen absorbed in reversible metal hydride.'' 
as authorized under Sec.  178.71(m).
Section 178.275
    Section 178.275 prescribes requirements for UN portable tanks 
intended for transportation of liquid and

[[Page 52091]]

solid hazardous materials. Currently, Sec.  178.275(h) prohibits the 
use of fusible elements on portable tanks with a test pressure which 
exceeds 2.65 bar (265 kPa). In Sec.  172.102(c)(8), we proposed to add 
a new portable tank Special provision ``TP36'' authorizing the use of 
fusible elements in the vapor space of portable tanks with a gauge test 
pressure that exceeds 265 kPa (38.4 psig/2.65 bar) for certain 
organometallic substances. In this NPRM, we are proposing to authorize 
use of fusible elements based on a well-established history of safe 
transportation of these substances in portable tanks equipped with 
fusible elements capable of properly functioning at pressure of at 
least 1000 kPa (145 psig/10 bar). Past experience of the use of fusible 
elements indicates reliability and a proper functioning even in the 
event of a release during loading or unloading. Additionally, for 
organometallic materials that are shipped in rigid portable tanks with 
a minimum test pressure of more than 265 kPa (38.4 psig/2.65 bar), the 
tanks are required to be equipped with a depressurizing system that 
releases the inside pressure to avoid rupturing the tank as a result of 
an inadvertent release or fire. Fusible elements are used by shippers 
as a secondary pressure relief device, in addition to a re-closing 
pressure relief device. No regulatory amendments are proposed to this 
section.
Section 178.347-1
    Section 178.347-1 prescribes the general requirements for DOT 
Specification 407 cargo tank motor vehicles. Paragraph (d)(9) 
prescribes weld integrity, compliance and acceptance criteria for 
bulkheads.
    The exemption in Sec.  178.347-1(d)(8) currently provides an 
unconditional exemption from UW-12 for all joints. Section 178.347-
1(d)(9) applies a condition to one particular joint configuration in a 
head. In petition P-1333, TTMA requested that we adopt a weld joint 
efficiency of 0.85 for head seams in bulkheads on DOT 407 cargo tanks. 
Based on review of the TTMA petition and additional information that 
was provided, we proposed in the HM-213 NPRM (66 FR 63095; December 4, 
2001) that the strength of a weld seam in a bulkhead without 
radiographic examination of the weld must be 0.85 of the strength of 
the bulkhead. The welded seam must be a full penetration butt weld, no 
more than one seam may be used per bulkhead, and the welded seam must 
be completed before forming the dish radius and knuckle radius.
    TTMA commented on the above proposal to the NPRM regarding Sec.  
178.347-1(d)(9), General Requirements and stated, ``While we agree with 
the proposal to allow a provisional 85% weld joint efficiency for DOT 
407 heads with butt-welded seams, we would like to see the requirements 
of UW-12 of the ASME Code specifically exempted for this welded joint. 
Even though this section implies an exemption, the exemption is not 
specific. We suggest the following wording, * * * ``The strength of a 
weld seam in a bulkhead that has not been radiographically examined 
shall be 0.85 of the strength of the bulkhead and be exempted from the 
requirements of UW-12 of the ASME Code under the following condition;''
    In the final rule, we agreed with their comment and agreed to make 
the change; however, it was changed in a corrections document (68 FR 
52363; September 3, 2003). The final rule stated: ``In its comments to 
the NPRM, TTMA agrees with the provisional 85% weld joint efficiency 
for DOT 407 heads with butt-welded seams. However, TTMA suggests that 
we include the requirements of Part UW-12 of the ASME Code to the list 
of excepted requirements in Sec.  178.347-1(d)(8). We agree with TTMA. 
In this final rule, we are adding Part UW-12 of the ASME Code to the 
list of excepted requirements.''
    In October 2004, we added an exemption from the radiography/joint 
efficiency requirements of ASME VIII sec UW-12 for DOT 407 cargo tanks 
35 psig and less in Sec.  178.347-1(d)(8) and (9). The intent was to 
provide a conditional alternate means of determining a joint efficiency 
for certain head welds. Listing UW-12 in Sec.  178.347-1(d)(8) instead 
of (9), however, results in an unconditional exemption from UW-12 in 
all welds on these tanks. Therefore, we are proposing to revise Sec.  
178.347-1(d)(9), add a new subparagraph (i), and re-number accordingly 
in order to harmonize these requirements with the applicable Transport 
Canada Regulations.
Section 178.603
    Section 178.603 prescribes the drop test requirements for non-bulk 
packagings in the HMR. In this notice, PHMSA is proposing to revise 
paragraph (f)(4) to amend the criteria for passing the tests. 
Currently, the HMR only require that there is no leakage of filling 
substance from the inner packaging. In this notice, we are proposing to 
also require that inner receptacles, inner packagings and articles 
remain completely within the outer package when drop tested.
Section 178.703
    Section 178.703 prescribes the marking requirements for IBCs. PHMSA 
is proposing to align paragraph (a)(1)(viii) with the UN Model 
Regulations by requiring the gross mass, in kg, to be marked on all IBC 
types. Currently, the HMR require a net mass to be marked on flexible 
IBCs which is inconsistent with international standards. PHMSA 
inadvertently did not revise the HMR when the international standards 
were amended to specify that a maximum permissible gross mass be marked 
on all IBC types.
Section 178.955
    Section 178.955 establishes definitions used with regard to Subpart 
Q of Part 178 that prescribes the design and testing criteria for Large 
Packagings. PHMSA is proposing to add the following two new 
definitions, ``Remanufactured Large Packaging'' and ``Reused Large 
Packaging,'' in new paragraphs (c)(6) and (c)(7), respectively. A 
``remanufactured'' large packaging would be defined as a metal or rigid 
plastic large packaging that is produced as a UN type from a non-UN 
type or is converted from one UN design type to another UN design type. 
Remanufactured large packagings are subject to the same HMR 
requirements that apply to a new large packaging. A ``reused'' large 
packaging would be defined as a large packaging to be refilled which 
has been examined and found free of defects affecting the ability to 
withstand the performance tests. The term includes those which are 
refilled with the same or similar compatible contents and are 
transported within distribution chains controlled by the consignor of 
the product.

Part 180

Section 180.207
    Section 180.207 prescribes the requirements for the requalification 
of UN pressure receptacles. In this notice, PHMSA is proposing to 
require that metal hydride storage systems be requalified every five 
years in accordance with ISO 16111:2008 and the records of that 
requalification be retained in accordance with Sec.  180.215 of the 
HMR.
Section 180.350
    Section 180.350 prescribes applicability and defines certain terms 
regarding the qualification and maintenance of IBCs. PHMSA is proposing 
to revise paragraph (b) to indicate that the replacement of the inner 
receptacle of a composite IBC with one from the original manufacturer 
is

[[Page 52092]]

considered repair. This revision is consistent with the recent change 
in the definition of ``repair'' in the UN Model Regulations.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the following statutory 
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous materials in intrastate, interstate, and foreign commerce. 
This proposed rule amends regulations 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. To this end, as discussed 
in detail above, the proposed rule amends the HMR to more fully align 
them with the biennial updates of the UN Model Regulations, the IMDG 
Code and the ICAO TI.
    Harmonization serves to facilitate international commerce; at the 
same time, harmonization promotes the safety of people, property, and 
the environment by reducing the potential for confusion and 
misunderstanding that could result if shippers and transporters were 
required to comply with two or more conflicting sets of regulatory 
requirements. While the intent of this rulemaking is to align the HMR 
with international standards, we review and consider each amendment on 
its own merit based on its 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. 
Thus, as explained in the corresponding sections above, we are not 
proposing harmonization with certain specific provisions of the UN 
Model Regulations, the IMDG Code, and the ICAO TI. Moreover, we are 
maintaining a number of current exceptions for domestic transportation 
that should minimize the compliance burden on the regulated community.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities. This rule proposes to 
amend the HMR to maintain alignment with international standards by 
incorporating various amendments to facilitate the transport of 
hazardous material in international commerce. To this end, as discussed 
in detail above, PHMSA proposes to incorporate changes into the HMR 
based on the Sixteenth revised edition of the UN Model Regulations, 
Amendment 35-10 to the IMDG Code, and the 2011-2012 ICAO TI, which 
become effective January 1, 2011. The continually increasing amount of 
hazardous materials transported in international commerce warrants the 
harmonization of domestic and international requirements to the 
greatest extent possible.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. The proposed rule 
is not considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034]. This 
proposed rule applies to offerors and carriers of hazardous materials, 
such as chemical manufacturers, chemical users and suppliers, packaging 
manufacturers, distributors, radiopharmaceutical companies, and 
training companies. Benefits resulting from the adoption of the 
amendments in this proposed rule include enhanced transportation safety 
resulting from the consistency of domestic and international hazard 
communications and continued access to foreign markets by U.S. 
manufacturers of hazardous materials.
    The majority of amendments in this proposed 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.
    We propose a one-year transition period to allow for training of 
employees and to ease any burden on entities affected by the 
amendments. The total net increase in costs to businesses in 
implementing the proposed rule is considered to be minimal. Initial 
start-up and inventory costs would result from these changes; however, 
the costs would be offset by greater long-term savings of conformance 
with one set of regulations and a one-year transition period. A 
regulatory evaluation is available for review in the public docket for 
this rulemaking.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This proposed rule 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-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local and Indian Tribe requirements on certain covered 
subjects, as follows:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material 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 material; and
    (5) The design, manufacture, fabrication, inspection, marking, 
maintenance, recondition, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (1), (2), (3), 
(4) and (5) above and preempts State, local, and Indian Tribe 
requirements not meeting the ``substantively the same'' standard. This 
proposed rule is necessary to incorporate changes adopted in 
international standards, effective January 1, 2011. If the changes in 
this proposed rule are 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 a dual system of regulations. The changes in this proposed 
rulemaking are intended to avoid this result. Federal hazardous 
materials transportation law provides at 49 U.S.C. 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

[[Page 52093]]

preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of the final rule and not later than two 
years after the date of issuance. PHMSA proposes the effective date of 
Federal preemption be 90 days from publication of a final rule in this 
matter.

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this proposed 
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.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    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 
proposed rule facilitates the transportation of hazardous materials in 
international commerce by providing consistency with international 
standards. This proposed rule applies to offerors and carriers of 
hazardous materials, some of whom are small entities, such as chemical 
manufacturers, users and suppliers, packaging manufacturers, 
distributors and training companies. As discussed above, under 
Executive Order 12866, the majority of amendments in this proposed 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 these 
amendments. Additionally, the changes effected by this final rule will 
relieve U.S. companies, including small entities competing in foreign 
markets, from the burden of complying with a dual system of 
regulations. Therefore, I certify that these amendments will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
    This proposed 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.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office 
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous 
Materials Shipping Papers and Emergency Response Information,'' with an 
expiration date of May 31, 2011, and OMB Control Number 2137-0557, 
``Approvals for Hazardous Materials,'' with an expiration date of June 
30, 2011. This NPRM may result in an decrease in the annual burden and 
costs of OMB Control Number 2137-0034 due to proposed amendments to the 
exceptions for shipping paper requirements for limited quantities of 
Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, 
Division 5.2, Division 6.1, Class 8, and Class 9 materials for those 
limited quantities that are defined as consumer commodities. This NPRM 
may result in an increase in the annual burden and costs of OMB Control 
Number 2137-0557 due to proposed amendments to the classification 
criteria for eight Division 1.4 explosive articles to add the Type 6(d) 
test as prescribed in the 5th Revised Edition of the UN Manual of Tests 
and Criteria.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. Section 1320.8(d), title 5, 
Code of Federal Regulations requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information and recordkeeping requests.
    This notice identifies revised information collection requests that 
PHMSA will submit to OMB for approval based on the requirements in this 
proposed rule. PHMSA has developed burden estimates to reflect changes 
in this proposed rule, and estimates the information collection and 
recordkeeping burden as proposed in this rule to be as follows:

------------------------------------------------------------------------
                   OMB Control No.:                         2137-0034
------------------------------------------------------------------------
Annual Decrease in Number of Respondents..............        75,000,000
Annual Decrease in Annual Number of Responses.........        75,000,000
Annual Decrease in Annual Burden Hours................         1,875,000
Annual Decrease in Annual Burden Costs................     $1,875,000.00
------------------------------------------------------------------------
                   OMB Control No.:                         2137-0557
------------------------------------------------------------------------
Annual Increase in Number of Respondents..............               465
Annual Increase in Annual Number of Responses.........               465
Annual Increase in Annual Burden Hours................             2,325
Annual Increase in Annual Burden Costs................           $58,125
------------------------------------------------------------------------

    PHMSA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule. 
Requests for a copy of this information collection should be directed 
to Steven Andrews or T. Glenn Foster, Office of Hazardous Materials 
Standards (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, 
Telephone (202) 366-8553.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, Office of 
Management and Budget, at fax number 202-395-6974. If these proposed 
requirements are adopted in a final rule, PHMSA will submit the revised 
information collection and recordkeeping requirements to OMB for 
approval.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action

[[Page 52094]]

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.

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more, adjusted for inflation, to either State, local 
or Tribal governments, in the aggregate, or to the private sector in 
any one year, and is the least burdensome alternative that achieves the 
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that Federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
order Federal agencies to conduct an environmental review considering 
(1) the need for the proposed action, (2) alternatives to the proposed 
action, (3) probable environmental impacts of the proposed action and 
alternatives, and (4) the agencies and persons consulted during the 
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA is proposing to amend the Hazardous Materials Regulations 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. 
These revisions are necessary to harmonize the Hazardous Materials 
Regulations with recent changes to the International Maritime Dangerous 
Goods Code, the International Civil Aviation Organization's Technical 
Instructions for the Transport of Dangerous Goods by Air, and the 
United Nations Recommendations on the Transport of Dangerous Goods. The 
amendments are intended to enhance the safety of international 
hazardous materials transportation through better understanding of the 
regulations, an increased level of industry compliance, the smooth flow 
of hazardous materials from their points of origin to their points of 
destination, and effective emergency response in the event of a 
hazardous materials incident.
    The HMR regulate materials that meet the definition of a marine 
pollutant in all modes of transportation. The intended effect is to 
increase the level of safety associated with the transportation of 
substances hazardous to the marine environment by way of improved 
communication of their presence in transportation and establishing 
appropriate requirements for their packaging. The HMR uses a list based 
system designed to help shippers determine if a material meets the 
definition of a marine pollutant. Recently, the IMO adopted a criteria 
based system for identification of materials hazardous to the marine 
environment based on the Globally Harmonized System of Classification 
and Labeling of Chemicals (GHS).
2. Alternatives
    In developing this proposed rule, we considered three alternatives:
    (1) Do nothing.
    (2) Adopt the international standards in their entirety.
    (3) Adopt most of the international standards, with certain 
modifications based on safety or economic considerations.
    Alternative 1:
    Because our goal is to facilitate uniformity, compliance, commerce 
and safety in the transportation of hazardous materials, we rejected 
this alternative.
    Alternative 2:
    By adopting the international standards in their entirety, PHMSA 
could potentially adopt provisions that, in our view, do not provide an 
adequate safety level. Further, because we provide for domestic 
exceptions and extended compliance periods to minimize the potential 
economic impact of any revisions on the regulated community, this 
alternative was also rejected.
    Alternative 3:
    Consistency between U.S. and international regulations helps to 
assure the safety of international hazardous materials transportation 
through better understanding of the regulations, an increased level of 
industry compliance, the smooth flow of hazardous materials from their 
points of origin to their points of destination, and effective 
emergency response in the event of a hazardous materials incident. 
Under Alternative 3, we would harmonize the HMR with international 
standards to the extent consistent with U.S. safety and economic goals.
    Alternative 3 is the only alternative that addresses, in all 
respects, the purpose of this regulatory action, which is to facilitate 
the safe and efficient transportation of hazardous materials in 
international commerce. These actions will provide the greatest 
possible harmonization with international requirements without posing 
an undue increased cost burden on industry. For these reasons, 
alternative 3 is our recommended alternative.
3. Analysis of Environmental Impacts
    Hazardous materials are transported by aircraft, vessel, rail, and 
highway. The potential for environmental damage or contamination exists 
when packages of hazardous materials are involved in accidents or en 
route incidents resulting from cargo shifts, valve failures, package 
failures, or loading, unloading, or handling problems. The ecosystems 
that could be affected by a release include air, water, soil, and 
ecological resources (for example, wildlife habitats). The adverse 
environmental impacts associated with releases of most hazardous 
materials are short-term impacts that can be greatly reduced or 
eliminated through prompt clean-up of the accident scene. Most 
hazardous materials are not transported in quantities sufficient to 
cause significant, long-term environmental damage if they are released.
    The hazardous material regulatory system is a risk-management 
system that is prevention-oriented and focused on identifying hazards 
and reducing the probability and quantity of a hazardous material 
release. Amending the Hazardous Materials Regulations to maintain 
alignment with international standards enhances the safe transportation 
of hazardous materials in domestic and international commerce. When 
considering the adoption of international standards under the HMR, we 
review and consider each amendment on its own merit and assess their 
impact on transportation safety and the environment. It is our 
preliminary conclusion that the proposals being made in this notice 
will have no adverse affect on the environment we welcome public 
comment on the matter.
4. Consultations and Public Comment
    On June 20, 2007, November 27, 2007, June 18, 2008, and November 
19, 2008, PHMSA hosted public meetings with public and private 
stakeholders to discuss draft U.S. positions on the United Nation's 
Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) 
proposals for the Sixteenth revised edition of the UN Recommendations 
on the Transport of Dangerous Goods Model Regulations. In addition, 
PHMSA and the U.S. Coast

[[Page 52095]]

Guard hosted a public meeting on September 17, 2008, and hosted a 
second meeting on September 10, 2009, to discuss amendments to the IMDG 
Code. A public meeting was held on September 29, 2009 to discuss 
amendments to the ICAO TI. During these public meetings, U.S. positions 
on proposed amendments to the UN Recommendations were considered and 
discussed. Positions were established based on input received during 
these meetings in conjunction with internal review, including thorough 
technical review.
    We have identified a number of immediate and long-term actions that 
participants in the international community are taking or will take to 
enhance the safe transportation of hazardous materials. Through this 
integrated and cooperative approach, we believe we can be most 
successful in reducing incidents, enhancing safety, and protecting the 
public. We expect to receive comments from other agencies and affected 
members of the regulated and international communities during the 
comment period.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, so 
long as the standards have a legitimate domestic objective, such as 
providing for safety, and do not operate to exclude imports that meet 
this objective. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards. PHMSA participates in the establishment of 
international standards in order to protect the safety of the American 
public, and we have assessed the effects of the proposed rule to ensure 
that it does not exclude imports that meet this objective. Accordingly, 
this rulemaking is consistent with PHMSA's obligations under the Trade 
Agreement Act, as amended.

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, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
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, Incorporation by reference, 
Maritime carriers, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, PHMSA proposes to amend 49 CFR 
chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.

    2. In Sec.  171.7, in the paragraph (a)(3) table, the following 
changes are made:
    a. Under the entry ``American Society for Testing and Materials 
(ASTM),'' the entries ``ASTM D56-05'', ``ASTM D86-07a'', ``ASTM D93-
08'', ``ASTM D1078-05'', ``ASTM D3278-96(2004)e1'', and ``ASTM D3828-
07a'' are added in appropriate numerical order;
    b. Under the entry ``International Civil Aviation Organization 
(ICAO),'' the entry ``Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions)'' is revised;
    c. Under the entry ``International Maritime Organization (IMO)'' 
the entries ``International Maritime Dangerous Goods Code (IMDG Code), 
'' and ``International Convention for the Safety of Life at Sea 
(SOLAS)'' are revised;
    d. Under the entry ``International Organization for Standardization 
(ISO),'' the entries ``ISO 2592--1973(E)''; ``ISO 10297:1999'' and 
``ISO 10461:2005'' are revised; and the entries ``ISO 1516:2002''; 
``ISO 1523:2002''; ``ISO 2719:2002''; ``ISO 3405:2000''; ``ISO 
3679:2004''; ``ISO 3680:2004''; ``ISO 3924:1999''; ``ISO 4626:1980''; 
``ISO 4706:2008''; ``ISO 10692-2:2001''; ``ISO 13736:2008''; ``ISO 
16111:2008''; ``ISO 18172-1:2007'' and ``ISO 20703'' are added in 
numerical order;
    e. Under the entry ``Organization for Economic Cooperation and 
Development (OECD)'', the entries ``OECD Guideline for the Testing of 
Chemicals, Number 430, `In Vitro Skin Corrosion: Transcutaneous 
Electrical Resistance Test (TER) (2004)' '', ``OECD Guideline for the 
Testing of Chemicals, Number 431, `In Vitro Skin Corrosion: Human Skin 
Model Test (2004)' '', and ``OECD Guideline for the Testing of 
Chemicals, Number 435, `In Vitro Membrane Barrier Test Method for Skin 
Corrosion (2006)' '', are added in numerical order, and the entry 
``OECD Guideline for the Testing of Chemicals, Number 404, `Acute 
Dermal Irritation/Corrosion (1992)' '' is revised;
    f. Under the entry for ``Transport Canada,'' the entry 
``Transportation of Dangerous Goods Regulations'' is revised; and
    g. Under the entry ``United Nations,'' the entry ``UN 
Recommendations on the Transport of Dangerous Goods'' is revised.
    The additions and revisions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) * * *

[[Page 52096]]



------------------------------------------------------------------------
        Source and name of material                49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
            American Society for Testing and Materials (ASTM)
------------------------------------------------------------------------
 
                              * * * * * * *
ASTM D56-05, Standard test method for flash  173.120.
 point by tag closed cup tester.
ASTM D86-07a, Standard test method for       173.120.
 distillation of petroleum products at
 atmospheric pressure.
ASTM D93-08, Standard test methods for       173.120.
 flash point by Pensky-Martens closed cup
 tester.
ASTM D1078-05, Standard test method for      173.120.
 distillation range of volatile organic
 liquids.
 
                              * * * * * * *
ASTM D3278-96(2004) e1, Standard test        173.120.
 methods for flash point of liquids by
 small scale closed-cup apparatus.
ASTM D3828-07a, Standard test methods for    173.120.
 flash point by small scale closed tester.
 
                              * * * * * * *
------------------------------------------------------------------------
            International Civil Aviation Organization (ICAO)
------------------------------------------------------------------------
 
                              * * * * * * *
Technical Instructions for the Safe          171.8; 171.22; 171.23;
 Transport of Dangerous Goods by Air (ICAO    171.24; 172.202; 172.401;
 Technical Instructions), 2011-2012 Edition.  172.512; 172.602; 173.56;
                                              173.320; 175.33; 178.3.
 
                              * * * * * * *
------------------------------------------------------------------------
                International Maritime Organization (IMO)
------------------------------------------------------------------------
 
                              * * * * * * *
International Convention for the Safety of   176.63, 176.84.
 Life at Sea (SOLAS), Chapter II-2/
 Regulation 19, 2009.
International Maritime Dangerous Goods Code  171.22; 171.23; 171.25;
 (IMDG Code), 2010 Edition, Incorporating     172.101; Appendix B;
 Amendment 35-10 (English Edition), Volumes   172.202; 172.401; 172.502;
 1 and 2.                                     172.602; 173.21; 173.56;
                                              176.2; 176.5; 176.11;
                                              176.27; 176.30; 176.84;
                                              178.3.
------------------------------------------------------------------------
             International Organization for Standardization
------------------------------------------------------------------------
 
                              * * * * * * *
ISO 1516:2002 Determination of flash/no      173.120.
 flash--Closed cup equilibrium method.
ISO 1523:2002 Determination of flash point-- 173.120.
 Closed cup equilibrium method.
ISO 2592:2000 Petroleum products--           173.120.
 Determination of flash and fire points--
 Cleveland open cup method.
ISO 2719:2002 Determination of flash point-- 173.120.
 Pensky-Martens closed cup method.
ISO 3405:2000 Petroleum products--           173.121.
 Determination of distillation
 characteristics at atmospheric pressure.
ISO 3679:2004 Determination of flash point-- 173.120.
 Rapid equilibrium closed cup method.
ISO 3680:2004 Determination of flash/no      173.120.
 flash--Rapid equilibrium closed cup method.
ISO 3924:1999 Petroleum products--           173.121.
 Determination of boiling range
 distribution--Gas chromatography method.
ISO 4626:1980 Volatile organic liquids--     173.121.
 Determination of boiling range of organic
 solvents used as raw materials.
ISO 4706, Gas cylinders--Refillable welded   178.71.
 steel cylinders--Test pressure 60 bar and
 below, First edition, 2008.
ISO 10297, Gas cylinders--Refillable gas     173.301b, 178.71.
 cylinder valves Specification and type
 testing, Second edition, 2006, (E).
ISO 10461, Gas cylinders--Seamless aluminum- 180.207.
 alloy gas cylinders Periodic inspection
 and testing, Second edition, February
 2005, (E), and Addendum 1, (2006).
ISO 10692-2:2001 Gas cylinders--Gas          173.40.
 cylinder valve connections for use in the
 micro-electronics industry--Part 2:
 Specification and type testing for valve
 to cylinder connections'',.
ISO 13736:2008 Determination of flash        173.120.
 point--Abel closed-cup method.
ISO 16111:2008 Transportable gas storage     173.311, 178.71.
 devices--Hydrogen absorbed in reversible
 metal hydride.
ISO 18172-1, Gas cylinders--Refillable       178.71.
 welded stainless steel cylinders--Part 1:
 Test pressure 6 MPa and below, First
 edition, 2007.
ISO 20703, Gas cylinders--Refillable welded  178.71.
 aluminum-alloy cylinders--Design,
 construction and testing, First edition,
 2006.
 

[[Page 52097]]

 
                              * * * * * * *
------------------------------------------------------------------------
      Organization for Economic Cooperation and Development (OECD)
------------------------------------------------------------------------
OECD Guideline for the Testing of            173.137.
 Chemicals, Number 404, ``Acute Dermal
 Irritation/Corrosion'' (2002).
OECD Guideline for the Testing of            173.137.
 Chemicals, Number 430, ``In Vitro Skin
 Corrosion: Transcutaneous Electrical
 Resistance Test (TER)'' (2004).
OECD Guideline for the Testing of            173.137.
 Chemicals, Number 431, ``In Vitro Skin
 Corrosion: Human Skin Model Test'' (2004).
OECD Guideline for the Testing of            173.137.
 Chemicals, Number 435, ``In Vitro Membrane
 Barrier Test Method for Skin Corrosion''
 (2006).
 
                              * * * * * * *
------------------------------------------------------------------------
                            Transport Canada
------------------------------------------------------------------------
 
                              * * * * * * *
Transportation of Dangerous Goods            171.12; 171.22; 171.23;
 Regulations (Transport Canada TDG            172.401; 172.502; 172.519;
 Regulations), August 2001 including Clear    172.602; 173.31; 173.32;
 Language Amendments SOR 2001-286,            173.33.
 Amendment 1 (SOR/2002-306) August 8, 2002;
 Amendment 2 (SOR/2003-273) July 24, 2003;
 Amendment 3 (SOR/2003-400) December 3,
 2003; Amendment 4 (SOR/2005-216) July 13,
 2005; Amendment 5 (SOR/2005-279) September
 21, 2005; subsection 4.18(5) of Amendment
 6 (SOR/2008-34) February 7, 2008;
 Amendment 6 (SOR/2008-34) February 7,
 2008; and Amendment 7 (SOR/2007-179)
 August 22, 2007.
 
 
                              * * * * * * *
------------------------------------------------------------------------
                             United Nations
------------------------------------------------------------------------
 
                              * * * * * * *
UN Recommendations on the Transport of       171.12; 171.22; 171.23;
 Dangerous Goods, Sixteenth revised edition   172.202; 172.401; 172.502;
 (2009) Volumes I and II.                     173.22; 173.24; 173.24b;
                                              173.40; 173.56; 173.192;
                                              173.197; 173.302b;
                                              173.304b; 178.75; 178.274;
                                              178.801.
 
                              * * * * * * *
------------------------------------------------------------------------

    3. In Sec.  171.8, the definitions for ``Metal hydride storage 
system'' and ``Open cryogenic receptacle'' are added and the definition 
for ``Oxidizing gas'' is revised to read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Metal hydride storage system means a single complete hydrogen 
storage system that includes a receptacle, metal hydride, pressure 
relief device, shut-off valve, service equipment and internal 
components used for the transportation of hydrogen only.
* * * * *
    Open cryogenic receptacle means a transportable thermally insulated 
receptacle for refrigerated liquefied gases maintained at atmospheric 
pressure by continuous venting of the refrigerated gas.
* * * * *
    Oxidizing gas means a gas that may, generally by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does. Specifically, this means a pure gas or gas mixture with an 
oxidizing power greater than 23.5% as determined by a method specified 
in ISO 10156:1996 or 10156-2:2005 (IBR, see Sec.  171.7 of this 
subchapter) (see also Sec.  173.115(k)).
* * * * *
    4. In Sec.  171.23, paragraph (b)(9) is revised to read as follows: 
Sec.  171.23 Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
    (b) * * *
    (9) Poisonous materials, Division 6.1. Division 6.1 hazardous 
materials transported by aircraft as limited quantities are not 
excepted from labeling.
* * * * *
    5. In Sec.  171.25, the first sentence in paragraph (b)(1) is 
revised, a new paragraph (b)(4) is added, and paragraphs (c)(5) and 
(d)(3) are removed.
    The revision and addition read as follows:


Sec.  171.25  Additional requirements for the use of the IMDG Code.

* * * * *
    (b) * * *
    (1) Unless specified otherwise in this subchapter, a shipment must 
conform to the requirements in part 176 of this subchapter. * * *
    * * *
    (4) Articles consigned under UN3166 and UN3171 (e.g., Engines, 
internal combustion, etc., Vehicles, etc. and Battery-powered 
equipment) may be prepared in accordance with the IMDG Code or this 
subchapter.
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.


[[Page 52098]]


    7. In Sec.  172.101, the following amendments are made:
    a. A new paragraph (c)(10)(iv) is added.
    b. Paragraph (e) is amended by adding a new sentence at the end of 
the paragraph; and
    c. The Hazardous Materials Table is amended by removing, adding and 
revising entries, in the appropriate alphabetical sequence.
    The revisions, removals and additions read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (10) * * *
    (iv) A mixture or solution not identified in the Table specifically 
by name, comprised of a single predominant hazardous material and 
traces of one or more hazardous and non-hazardous materials not 
affecting the classification of the predominant hazardous material must 
be described using an appropriate shipping description for the 
predominant hazardous material.
* * * * *
    (e) * * * Those preceded by the letters ``ID'' are associated with 
proper shipping names considered appropriate for air transportation 
only and recognized by the ICAO Technical Instructions (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

[[Page 52099]]



                                                                                                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 codes    Special provisions
                 proper shipping    division        numbers                                          (Sec.   172.102)      Exceptions        Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                      names                                                                                                                                                aircraft/rail       only
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]
 
                                                                                                              * * * * * * *
               Detonator,                1.4S  UN0500...........  II.............  1.4S...........  ..................  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............
                assemblies, non-
                electric, for
                blasting.
 
                                                                                                              * * * * * * *
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............
                combustion,
                flammable gas
                powered.
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............
                combustion,
                flammable liquid
                powered.
 
                                                                                                              * * * * * * *
               Formaldehyde,                3  UN1198...........  III............  3, 8...........  B1, IB3, T4, TP1..  150............  203............  242...........  5 L...........  60 L..........  A.............  40.
                solutions,
                flammable.
               Formaldehyde,                8  UN2209...........  III............  8..............  IB3, T4, TP1......  154............  203............  241...........  5 L...........  60 L..........  A.............
                solutions, with
                not less than 25
                percent
                formaldehyde.
 
                                                                                                              * * * * * * *
               1-Hydroxybenzo-            4.1  UN3474...........  I..............  4.1............  162, N90..........  None...........  211............  None..........  0.5 kg........  0.5 kg........  D.............  28, 36.
                triazole,
                anhydrous, wetted
                with not less
                than 20 percent
                water, by mass.
 
                                                                                                              * * * * * * *
               Lithium                    5.1  UN1471...........  II.............  5.1............  A9, IB8, IP2, IP4,  152............  212............  240...........  5 kg..........  25 kg.........  A.............  4, 48, 52, 56,
                hypochlorite, dry                                                                    N34.                                                                                                                  58, 69, 106,
                with more than                                                                                                                                                                                             116.
                39% available
                chlorine (8.8%
                available oxygen)
                or Lithium
                hypochlorite
                mixtures, dry
                with more than
                39% available
                chlorine (8.8%
                available oxygen).
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  II.............  8..............  A6, B2, B47, B53,   None...........  158............  242...........  Forbidden.....  30 L..........  D.............  44, 66, 74,
                than red fuming,                                                                     IB2, IP15, T8,                                                                                                        89, 90.
                with less than 65                                                                    TP2.
                percent nitric
                acid.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  II.............  8..............  A6, B2, B47, B53,   None...........  158............  242...........  Forbidden.....  30 L..........  D.............  44, 66, 89,
                than red fuming,                                                                     IB2, T8, TP2.                                                                                                         90, 110, 111.
                with not more
                than 70 percent
                nitric acid.
 

[[Page 52100]]

 
                                                                                                              * * * * * * *
               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.
                                                                  III............  3..............  B1, B13, IB3, T1,   150............  203............  242...........  60 L..........  220 L.........  A.............
                                                                                                     TP3.
 
                                                                                                              * * * * * * *
               Trinitro-meta-            1.1D  UN0216...........  II.............  1.1D...........  ..................  None...........  62.............  None..........  Forbidden.....  Forbidden.....  10............  5E.
                cresol.
 
                                                                                                              * * * * * * *
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............
                gas powered.
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............
                liquid powered.
 
                                                                                                              * * * * * * *
               [ADD]
 
                                                                                                              * * * * * * *
               Alkali metal               4.3  UN3482...........  I..............  4.3, 3.........  A2, A3, A7........  None...........  201............  244...........  Forbidden.....  1 L...........  D.............  52.
                dispersions,
                flammable or
                Alkaline earth
                metal
                dispersions,
                flammable.
 
                                                                                                              * * * * * * *
W............  Batteries, nickel-           9  UN3496...........  ...............  9..............  130, 340..........  ...............  ...............  ..............  ..............  ..............  A.............  48.
                metal hydride.
 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3485...........  II.............  5.1, 8.........  165, 166, A7, A9,   152............  212............  None..........  ..............  ..............  D.............  4, 48, 52, 56,
                hypochlorite,                                                                        IB8, IP2, IP4,                                                                                                        58, 69, 142.
                dry, corrosive or                                                                    IP13, N34, W9.
                Calcium
                hypochlorite
                mixtures, dry,
                corrosive with
                more than 39%
                available
                chlorine (8.8%
                available oxygen).
 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3487...........  II.............  5.1, 8.........  165, IB8, IP2,      152............  212............  240...........  ..............  ..............  D.............  4, 48, 52, 56,
                hypochlorite,                                                                        IP4, IP13, W9.                                                                                                        58, 69, 142.
                hydrated,
                corrosive or
                Calcium
                hypochlorite,
                hydrated
                mixtures,
                corrosive with
                less than 5.5%
                but not more than
                16% water.
                                                                  III............  5.1, 8.........  165, IB8, IP4, W9.  152............  213............  240...........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                                                                                                                                                                                                                           58, 69, 142.
 

[[Page 52101]]

 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3486...........  III............  5.1, 8.........  165, A1, A29, IB8,  152............  213............  240...........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                hypochlorite                                                                         IP3, IP13, N34,                                                                                                       58, 69, 142.
                mixtures, dry,                                                                       W9.
                corrosive with
                more than 10% but
                not more than 39%
                available
                chlorine.
 
                                                                                                              * * * * * * *
A............  Consumer commodity           9  ID8000...........  ...............  9..............  ..................  167............  167............  None..........  30 kg gross...  30 kg gross.
 
                                                                                                              * * * * * * *
               Detonator                 1.4S  UN0500...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............
                assemblies, non-
                electric, for
                blasting.
 
                                                                                                              * * * * * * *
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............
                combustion, or
                Engines, fuel
                cell, flammable
                gas powered.
               Engines internal             9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............
                combustion, or
                Engines, fuel
                cell, flammable
                liquid powered.
 
                                                                                                              * * * * * * *
               Formaldehyde                 3  UN1198...........  III............  3, 8...........  B1, IB3, T4, TP1..  4b, 150........  203............  242...........  5 L...........  60 L..........  A.............  40.
                solutions,
                flammable.
               Formaldehyde                 8  UN2209...........  III............  8..............  IB3, T4, TP1......  154............  203............  241...........  5 L...........  60 L..........  A.............
                solutions, with
                not less than 25
                percent
                formaldehyde.
 
                                                                                                              * * * * * * *
               Hydrazine aqueous            8  UN3484...........  I..............  8, 3, 6.1......  B16, B53, T10,      None...........  201............  243...........  Forbidden.....  2.5 L.........  D.............  40, 52, 125.
                solution,                                                                            TP2, TP13.
                flammable with
                more than 37%
                hydrazine, by
                mass.
 
                                                                                                              * * * * * * *
               1-Hydroxybenzo-            4.1  UN3474...........  I..............  4.1............  N90...............  None...........  211............  None..........  0.5 kg........  0.5 kg........  D.............  28, 36.
                triazole,
                monohydrate.
 
                                                                                                              * * * * * * *
+............  Iodine............           8  UN3495...........  III............  8, 6.1.........  IB8, IP3, T1, TP33  154............  213............  240...........  ..............  ..............  B.............  40, 55.
 
                                                                                                              * * * * * * *
               Lithium                    5.1  UN1471...........  II.............  5.1............  A9, IB8, IP2, IP4,  152............  212............  240...........  5 kg..........  25 kg.........  A.............  4, 48, 52, 56,
                hypochlorite, dry                                                                    N34.                                                                                                                  58, 69, 106,
                with more than                                                                                                                                                                                             116.
                39% available
                chlorine (8.8%
                available oxygen)
                or Lithium
                hypochlorite
                mixtures, dry
                with more than
                39% available
                chlorine (8.8%
                available oxygen).
                                                                  III............  5.1............  IB8, IP3, N34, T1,  152............  213............  240...........  25 kg.........  100 kg........  A.............  4, 48, 52, 56,
                                                                                                     TP33.                                                                                                                 58, 69, 116.
 

[[Page 52102]]

 
                                                                                                              * * * * * * *
+............  Motor fuel anti-           6.1  UN3483...........  I..............  6.1, 3.........  14, T14, TP2, TP13  None...........  201............  244...........  Forbidden.....  30 L..........  D.............  25, 40.
                knock mixtures,
                flammable.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  II.............  8..............  A6, B2, B47, B53,   None...........  158............  242...........  Forbidden.....  30 L..........  D.............  44, 66, 89,
                than red fuming,                                                                     IB2, IP15, T8,                                                                                                        90, 110, 111.
                with more than 20                                                                    TP2.
                percent and less
                than 65 percent
                nitric acid.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  I..............  8, 5.1.........  A3, B47, B53, T10,  None...........  158............  242...........  Forbidden.....  2.5 L.........  D.............  44, 66, 89,
                than red fuming,                                                                     TP2, TP13.                                                                                                            90, 110, 111.
                with more than 70
                percent nitric
                acid.
 
                                                                                                              * * * * * * *
I............  Petroleum sour               3  UN3494...........  I..............  3, 6.1.........  343, T14, TP2,      None...........  201............  243...........  1 L...........  30 L..........  D.............  40.
                crude oil,                                                                           TP13.
                flammable, toxic.
                                                                  II.............  3, 6.1.........  343, IB2, T7, TP2.  150............  202............  243...........  5 L...........  60 L..........  D.............  40.
 
                                                                                                              * * * * * * *
                                                                  III............  3, 6.1.........  343, IB3, T4, TP1.  150............  203............  242...........  60 L..........  220 L.........  C.............  40.
               Tars, liquid                 3  UN1999...........  II.............  3..............  149, B13, IB2, T3,  150............  202............  242...........  5 L...........  60 L..........  B.............
                including road                                                                       TP3, TP29.
                oils and cutback
                bitumens.
                                                                  III............  3..............  B1, B13, IB3, T1,   150............  203............  242...........  60 L..........  220 L.........  A.............
                                                                                                     TP3.
 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3492...........  I..............  6.1, 8, 3......  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125.
                inhalation                                                                           B72, T22, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                corrosive,                                                                           TP44.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                200 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by                   6.1  UN3493...........  I..............  6.1, 8, 3......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125.
                inhalation                                                                           B74, T20, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                corrosive,                                                                           TP45.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                1,000 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.
 

[[Page 52103]]

 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3488...........  I..............  6.1, 3, 8......  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125.
                inhalation                                                                           B72, T22, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                flammable,                                                                           TP44.
                corrosive, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                200 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by                   6.1  UN3489...........  I..............  6.1, 3, 8......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125.
                inhalation                                                                           B74, T20, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                flammable,                                                                           TP45.
                corrosive, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                1,000 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.
 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3490...........  I..............  6.1, 4.3, 3....  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40,
                inhalation                                                                           B72, T22, TP2,                                                                                                        49.
                liquid, water-                                                                       TP13, TP27, TP38,
                reactive,                                                                            TP44.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                200 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by                   6.1  UN3491...........  I..............  6.1, 4.3, 3....  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40,
                inhalation                                                                           B74, T20, TP2,                                                                                                        49.
                liquid, water-                                                                       TP13, TP27, TP38,
                reactive,                                                                            TP45.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                1,000 ml/m\3\ and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.
 
                                                                                                              * * * * * * *
               Trinitro-m-cresol.        1.1D  UN0216...........  II.............  1.1D...........  ..................  None...........  62.............  None..........  Forbidden.....  Forbidden.....  10............  5E.
 
                                                                                                              * * * * * * *
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............
                gas powered or
                Vehicle, fuel
                cell, flammable
                gas powered.
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............
                liquid powered or
                Vehicle, fuel
                cell, flammable
                liquid powered.
 
                                                                                                              * * * * * * *
               [REVISE]
 
                                                                                                              * * * * * * *
               Air, compressed...         2.2  UN1002...........  ...............  2.2............  78................  306, 307.......  302............  302...........  75 kg.........  150 kg........  A.............
 

[[Page 52104]]

 
                                                                                                              * * * * * * *
               Alcohols, n.o.s...           3  UN1987...........  I..............  3..............  172, T11, TP1,      4b.............  201............  243...........  1 L...........  30 L..........  E.............
                                                                                                     TP8, TP27.
                                                                  II.............  ...............  172, IB2, T7, TP1,  4b, 150........  202............  242...........  5 L...........  60 L..........  B.............
                                                                                                     TP8, TP28.
                                                                  III............  ...............  172, B1, IB3, T4,   4b, 150........  203............  242...........  60 L..........  220 L.........  A.............
                                                                                                     TP1, TP29.
 
                                                                                                              * * * * * * *
G............  Antimony                   6.1  UN3141...........  III............  6.1............  35, IB3, T7, TP1,   153............  203............  241...........  60 L..........  220 L.........  A.............
                compounds,                                                                           TP28.
                inorganic,
                liquid, n.o.s.
G............  Antimony                   6.1  UN1549...........  III............  6.1............  35, IB8, IP3, T1,   153............  213............  240...........  100 kg........  200 kg........  A.............
                compounds,                                                                           TP33.
                inorganic, solid,
                n.o.s.
 
                                                                                                              * * * * * * *
               Argon,                     2.2  UN1951...........  ...............  2.2............  T75, TP5..........  320............  316............  318...........  50 kg.........  500 kg........  D.............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
G............  Arsenic compounds,         6.1  UN1556...........  I..............  6.1............  T14, TP2, TP13,     None...........  201............  243...........  1 L...........  30 L..........  B.............  40, 137.
                liquid, n.o.s.                                                                       TP27.
                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,      153............  202............  243...........  5 L...........  60 L..........  B.............  40, 137.
                                                                                                     TP13, TP27.
                                                                  III............  6.1............  IB3, T7, TP2, TP28  153............  203............  241...........  60 L..........  220 L.........  B.............  40, 137.
G............  Arsenic compounds,         6.1  UN1557...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  201............  242...........  5 kg..........  50 kg.........  A.............  137.
                solid, 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............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  137.
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  137.
 
                                                                                                              * * * * * * *
G............  Barium compounds,          6.1  UN1564...........  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                n.o.s.                                                                               TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
G............  Beryllium                  6.1  UN1566...........  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                compounds, n.o.s.                                                                    TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 

[[Page 52105]]

 
                                                                                                              * * * * * * *
G............  Bromates,                  5.1  UN3213...........  II.............  5.1............  350, IB2, T4, TP1.  152............  202............  242...........  1 L...........  5 L...........  B.............  56, 58, 133.
                inorganic,
                aqueous solution,
                n.o.s.
                                                                  III............  5.1............  350, IB2, T4, TP1.  152............  203............  241...........  2.5 L.........  30 L..........  B.............  56, 58, 133.
G............  Bromates,                  5.1  UN1450...........  II.............  5.1............  350, IB8, IP2,      152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58.
                inorganic, n.o.s.                                                                    IP4, T3, TP33.
 
                                                                                                              * * * * * * *
+............  tert-Butyl                 6.1  UN2484...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Cadmium compounds.         6.1  UN2570...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
               Carbon dioxide,            2.2  UN2187...........  ...............  2.2............  T75, TP5..........  306............  304............  314, 315......  50 kg.........  500 kg........  D.............
                refrigerated
                liquid.
A W..........  Carbon dioxide,              9  UN1845...........  ...............  None...........  ..................  217............  217............  240...........  200 kg........  200 kg........  C.............  40.
                solid or Dry ice.
               Carbon disulfide..           3  UN1131...........  I..............  3, 6.1.........  B16, T14, TP2,      None...........  201............  243...........  Forbidden.....  Forbidden.....  D.............  40, 78, 115.
                                                                                                     TP7, TP13.
 
                                                                                                              * * * * * * *
               Cartridges, power         1.4S  UN0323...........  II.............  1.4S...........  110, 347..........  63.............  62.............  None..........  25 kg.........  100 kg........  05............
                device.
 
                                                                                                              * * * * * * *
D............  Cartridges, power        ORM-D  None.............  ...............  None...........  347...............  63.............  None...........  None..........  30 kg gross...  30 kg gross...  A.............
                device (used to
                project fastening
                devices).
 
                                                                                                              * * * * * * *
               Charges, bursting,        1.4S  UN0460...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............
                plastics bonded.
 
                                                                                                              * * * * * * *
               Charges,                  1.4S  UN0445...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............
                explosive,
                commercial
                without detonator.
 
                                                                                                              * * * * * * *
               Charges, shaped,          1.4S  UN0441...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............
                without detonator.
 
                                                                                                              * * * * * * *
G............  Chlorates,                 5.1  UN3210...........  II.............  5.1............  351, IB2, T4, TP1.  152............  202............  242...........  1 L...........  5 L...........  B.............  56, 58, 133.
                inorganic,
                aqueous solution,
                n.o.s.
                                                                  III............  5.1............  351, IB2, T4, TP1.  152............  203............  241...........  2.5 L.........  30 L..........  B.............  56, 58, 133.
G............  Chlorates,                 5.1  UN1461...........  II.............  5.1............  351, A7, IB6, IP2,  152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58.
                inorganic, n.o.s.                                                                    N34, T3, TP33.
 
                                                                                                              * * * * * * *
G............  Chlorites,                 5.1  UN1462...........  II.............  5.1............  352, A9, IB6, IP2,  152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58.
                inorganic, n.o.s.                                                                    N34, T3, TP33.
 

[[Page 52106]]

 
                                                                                                              * * * * * * *
+............  Chloroacetonitrile         6.1  UN2668...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  12, 40, 52.
                                                                                                     IB9, T20, TP2,
                                                                                                     TP13, TP38, TP45.
 
                                                                                                              * * * * * * *
+............  Chloropicrin......         6.1  UN1580...........  I..............  6.1............  2, B7, B9, B14,     None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                                                                                                     B32, B46, T22,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Chloropicrin               6.1  UN1583...........  I..............  6.1............  5.................  None...........  201............  243...........  Forbidden.....  Forbidden.....  C.............  40.
                mixtures, n.o.s.
                                                                  II.............  6.1............  IB2...............  153............  202............  243...........  Forbidden.....  Forbidden.....  C.............  40.
                                                                  III............  6.1............  IB3...............  153............  203............  241...........  Forbidden.....  Forbidden.....  C.............  40.
 
                                                                                                              * * * * * * *
G............  Chlorosilanes,             6.1  UN3362...........  II.............  6.1, 3, 8......  T14, TP2, TP7,      None...........  206............  243...........  1 L...........  30 L..........  C.............  40, 125.
                toxic, corrosive,                                                                    TP13, TP27.
                flammable, n.o.s.
G............  Chlorosilanes,             6.1  UN3361...........  II.............  6.1, 8.........  T14, TP2, TP7,      None...........  206............  243...........  1 L...........  30 L..........  C.............  40.
                toxic, corrosive,                                                                    TP13, TP27.
                n.o.s.
 
                                                                                                              * * * * * * *
G............  Compressed gas,            2.2  UN1956...........  ...............  2.2............  ..................  306, 307.......  302, 305.......  314, 315......  75 kg.........  150 kg........  A.............
                n.o.s.
 
                                                                                                              * * * * * * *
               Crotonaldehyde or          6.1  UN1143...........  I..............  6.1, 3.........  2, 175, B9, B14,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                Crotonaldehyde,                                                                      B32, B77, T20,
                stabilized.                                                                          TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Cyanide solutions,         6.1  UN1935...........  I..............  6.1............  B37, T14, TP2,      None...........  201............  243...........  1 L...........  30 L..........  B.............  40, 52.
                n.o.s.                                                                               TP13, TP27.
                                                                  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  A.............  40, 52.
                                                                                                     TP13, TP27.
                                                                  III............  6.1............  IB3, T7, TP2,       153............  203............  241...........  60 L..........  220 L.........  A.............  40, 52.
                                                                                                     TP13, TP28.
 
                                                                                                              * * * * * * *
               Detonators,               1.4S  UN0456...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............
                electric for
                blasting.
 
                                                                                                              * * * * * * *
               Detonators for            1.4S  UN0366...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............
                ammunition.
 
                                                                                                              * * * * * * *
               Detonators, non-          1.4S  UN0455...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............
                electric, for
                blasting.
 

[[Page 52107]]

 
                                                                                                              * * * * * * *
G............  Elevated                     3  UN3256...........  III............  3..............  IB1, T3, TP3, TP29  None...........  None...........  247...........  Forbidden.....  Forbidden.....  A.............
                temperature
                liquid,
                flammable,
                n.o.s., with
                flash point above
                37.8 C, at or
                above its flash
                point.
G............  Elevated                     9  UN3257...........  III............  9..............  IB1, T3, TP3, TP29  None...........  None...........  247...........  Forbidden.....  Forbidden.....  A.............  85.
                temperature
                liquid, n.o.s.,
                at or above 100 C
                and below its
                flash point
                (including molten
                metals, molten
                salts, etc.).
G............  Elevated                     9  UN3258...........  III............  9..............  ..................  247(h)(4)......  None...........  247...........  Forbidden.....  Forbidden.....  A.............  85.
                temperature
                solid, n.o.s., at
                or above 240 C,
                see Sec.
                173.247(h)(4).
 
                                                                                                              * * * * * * *
G............  Environmentally              9  UN3077...........  III............  9..............  8, 146, A112, B54,  155............  213............  240...........  No limit......  No limit......  A.............
                hazardous                                                                            IB8, IP3, N20,
                substance, solid,                                                                    T1, TP33.
                n.o.s.
 
                                                                                                              * * * * * * *
               Ethanol or Ethyl             3  UN1170...........  II.............  3..............  24, IB2, T4, TP1..  4b, 150........  202............  242...........  5 L...........  60 L..........  A.............
                alcohol or
                Ethanol solutions
                or Ethyl alcohol
                solutions.
                                                                  III............  ...............  24, B1, IB3, T2,    4b, 150........  203............  242...........  60 L..........  220 L.........  A.............
                                                                                                     TP1.
 
                                                                                                              * * * * * * *
+............  Ethyl isocyanate..         6.1  UN2481...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52.
                                                                                                     T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Fluorosilicates,           6.1  UN2856...........  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  52.
                n.o.s.
 
                                                                                                              * * * * * * *
               Helium,                    2.2  UN1963...........  ...............  2.2............  T75, TP5..........  320............  316............  318...........  50 kg.........  500 kg........  D.............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
               Hydrogen in a              2.1  UN3468...........  ...............  2.1............  167...............  None...........  311............  None..........  Forbidden.....  100 kg gross..  D.............
                metal hydride
                storage system or
                Hydrogen in a
                metal hydride
                storage system
                contained in
                equipment or
                Hydrogen in a
                metal hydride
                storage system
                packed with
                equipment.
 
                                                                                                              * * * * * * *
G............  Hypochlorites,             5.1  UN3212...........  II.............  5.1............  349, A9, IB8, IP2,  152............  212............  240...........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                inorganic, n.o.s.                                                                    IP4, T3, TP33.                                                                                                        58, 69, 106,
                                                                                                                                                                                                                           116, 118.
 
                                                                                                              * * * * * * *
+............  Isobutyl                   6.1  UN2486...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP27.
 

[[Page 52108]]

 
                                                                                                              * * * * * * *
               Isopropanol or               3  UN1219...........  II.............  3..............  IB2, T4, TP1......  4b, 150........  202............  242...........  5 L...........  60 L..........  B.............
                Isopropyl alcohol.
 
                                                                                                              * * * * * * *
+............  Isopropyl                  6.1  UN2483...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
               Krypton,                   2.2  UN1970...........  ...............  2.2............  T75, TP5..........  320............  None...........  None..........  50 kg.........  500 kg........  D.............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
G............  Lead compounds,            6.1  UN2291...........  III............  6.1............  138, IB8, IP3, T1,  153............  213............  240...........  100 kg........  200 kg........  A.............
                soluble, n.o.s.                                                                      TP33.
 
                                                                                                              * * * * * * *
               Medicine, liquid,            3  UN3248...........  II.............  3, 6.1.........  IB2...............  150............  202............  243...........  1 L...........  60 L..........  B.............  40.
                flammable, toxic,
                n.o.s.
                                                                  III............  3, 6.1.........  IB3...............  150............  203............  242...........  60 L..........  220 L.........  A.............
               Medicine, liquid,          6.1  UN1851...........  II.............  6.1............  ..................  153............  202............  243...........  5 L...........  60 L..........  C.............  40.
                toxic, n.o.s.
                                                                  III............  6.1............  ..................  153............  203............  241...........  60 L..........  220 L.........  C.............  40.
               Medicine, solid,           6.1  UN3249...........  II.............  6.1............  T3, TP33..........  153............  212............  242...........  25 kg.........  100 kg........  C.............  40.
                toxic, n.o.s.
                                                                  III............  6.1............  T3, TP33..........  153............  213............  240...........  100 kg........  200 kg........  C.............  40.
 
                                                                                                              * * * * * * *
G............  Mercury compounds,         6.1  UN2024...........  I..............  6.1............  ..................  None...........  201............  243...........  1 L...........  30 L..........  B.............  40.
                liquid, n.o.s.
                                                                  II.............  6.1............  IB2...............  153............  202............  243...........  5 L...........  60 L..........  B.............  40.
                                                                  III............  6.1............  IB3...............  153............  203............  241...........  60 L..........  220 L.........  B.............  40.
G............  Mercury compounds,         6.1  UN2025...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............
                solid, n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
G............  Metal catalyst,            4.2  UN2881...........  I..............  4.2............  N34, T21, TP7,      None...........  187............  None..........  Forbidden.....  Forbidden.....  C.............
                dry.                                                                                 TP33.
                                                                  II.............  4.2............  IB6, IP2, N34, T3,  None...........  187............  242...........  Forbidden.....  50 kg.........  C.............
                                                                                                     TP33.
                                                                  III............  4.2............  IB8, IP3, N34, T1,  None...........  187............  241...........  25 kg.........  100 kg........  C.............
                                                                                                     TP33.
G............  Metal catalyst,            4.2  UN1378...........  II.............  4.2............  A2, A8, IB1, N34,   None...........  212............  None..........  Forbidden.....  50 kg.........  C.............
                wetted with a                                                                        T3, TP33.
                visible excess of
                liquid.
 
                                                                                                              * * * * * * *
+............  Methacrylonitrile,         6.1  UN3079...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  12, 40, 48.
                stabilized.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP45.
 

[[Page 52109]]

 
                                                                                                              * * * * * * *
+............  Methoxymethyl              6.1  UN2605...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
               Methyl bromide and         6.1  UN1647...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                ethylene                                                                             N65, T20, TP2,
                dibromide                                                                            TP13, TP38, TP44.
                mixtures, liquid.
 
                                                                                                              * * * * * * *
               Methyl iodide.....         6.1  UN2644...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  12, 40.
                                                                                                     T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
               Methyl                     6.1  UN2477...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isothiocyanate.                                                                      T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
               Methyl                     6.1  UN2606...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                orthosilicate.                                                                       T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
+............  Motor fuel anti-           6.1  UN1649...........  I..............  6.1............  14, B9, B90, T14,   None...........  201............  244...........  Forbidden.....  30 L..........  D.............  25, 40.
                knock mixtures.                                                                      TP2, TP13.
 
                                                                                                              * * * * * * *
               Neon, refrigerated         2.2  UN1913...........  ...............  2.2............  T75, TP5..........  320............  316............  None..........  50 kg.........  500 kg........  D.............
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
               Nickel carbonyl...         6.1  UN1259...........  I..............  6.1, 3.........  1.................  None...........  198............  None..........  Forbidden.....  Forbidden.....  D.............  40, 78.
 
                                                                                                              * * * * * * *
G............  Nicotine                   6.1  UN3144...........  I..............  6.1............  A4................  None...........  201............  243...........  1 L...........  30 L..........  B.............  40.
                compounds,
                liquid, n.o.s. or
                Nicotine
                preparations,
                liquid, n.o.s.
                                                                  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  B.............  40.
                                                                                                     TP27.
                                                                  III............  6.1............  IB3, T7, TP1, TP28  153............  203............  241...........  60 L..........  220 L.........  B.............  40.
G............  Nicotine                   6.1  UN1665...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  201............  242...........  5 kg..........  50 kg.........  B.............
                compounds, solid,
                n.o.s. or
                Nicotine
                preparations,
                solid, n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
G............  Nitrites,                  5.1  UN3219...........  II.............  5.1............  IB1, T4, TP1......  152............  202............  242...........  1 L...........  5 L...........  B.............  46, 56, 58,
                inorganic,                                                                                                                                                                                                 133.
                aqueous solution,
                n.o.s.
                                                                  III............  5.1............  IB2, T4, TP1......  152............  203............  241...........  2.5 L.........  30 L..........  B.............  46, 56, 58,
                                                                                                                                                                                                                           133.
G............  Nitrites,                  5.1  UN2627...........  II.............  5.1............  33, IB8, IP2, IP4,  152............  212............  None..........  5 kg..........  25 kg.........  A.............  46, 56, 58,
                inorganic, n.o.s.                                                                    T3, TP33.                                                                                                             133.
 
                                                                                                              * * * * * * *
               Nitrogen,                  2.2  UN1977...........  ...............  2.2............  345, 346, T75, TP5  320............  316............  318...........  50 kg.........  500 kg........  D.............
                refrigerated
                liquid cryogenic
                liquid.

[[Page 52110]]

 
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                                              * * * * * * *
               Nitrous oxide,             2.2  UN2201...........  ...............  2.2, 5.1.......  B6, T75, TP5, TP22  None...........  304............  314, 315......  Forbidden.....  Forbidden.....  D.............  40.
                refrigerated
                liquid.
 
                                                                                                              * * * * * * *
G............  Organometallic             4.2  UN3392...........  I..............  4.2............  B11, T21, TP2,      None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78.
                substance,                                                                           TP7, TP36.
                liquid,
                pyrophoric.
G............  Organometallic             4.2  UN3394...........  I..............  4.2, 4.3.......  B11, T21, TP2,      None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78.
                substance,                                                                           TP7, TP36.
                liquid,
                pyrophoric, water-
                reactive.
G............  Organometallic             4.3  UN3398...........  I..............  4.3............  T13, TP2, TP7,      None...........  201............  244...........  Forbidden.....  1 L...........  E.............  40, 52.
                substance,                                                                           TP36.
                liquid, water-
                reactive.
                                                                  II.............  4.3............  IB1, T7, TP2, TP7,  None...........  202............  243...........  1 L...........  5 L...........  E.............  40, 52.
                                                                                                     TP36.
                                                                  III............  4.3............  IB2, T7, TP2, TP7,  None...........  203............  242...........  5 L...........  60 L..........  E.............  40, 52.
                                                                                                     TP36.
G............  Organometallic             4.3  UN3399...........  I..............  4.3, 3.........  T13, TP2, TP7,      None...........  201............  244...........  Forbidden.....  1 L...........  D.............  40, 52.
                substance,                                                                           TP36.
                liquid, water-
                reactive,
                flammable.
                                                                  II.............  4.3, 3.........  IB1, IP2, T7, TP2,  None...........  202............  243...........  1 L...........  5 L...........  D.............  40, 52.
                                                                                                     TP7, TP36.
                                                                  III............  4.3, 3.........  IB2, IP4, T7, TP2,  None...........  203............  242...........  5 L...........  60 L..........  E.............  40, 52.
                                                                                                     TP7, TP36.
G............  Organometallic             4.2  UN3391...........  I..............  4.2............  T21, TP7, TP33,     None...........  187............  244...........  Forbidden.....  Forbidden.....  D.............
                substance, solid,                                                                    TP36.
                pyrophoric.
G............  Organometallic             4.2  UN3393...........  I..............  4.2, 4.3.......  B11, T21, TP7,      None...........  187............  244...........  Forbidden.....  Forbidden.....  D.............  52.
                substance, solid,                                                                    TP33, TP36.
                pyrophoric, water-
                reactive.
G............  Organometallic             4.2  UN3400...........  II.............  4.2............  IB6, T3, TP33,      None...........  212............  242...........  15 kg.........  50 kg.........  C.............
                substance, solid,                                                                    TP36.
                self-heating.
                                                                  III............  4.2............  IB8, T1, TP33,      None...........  213............  242...........  25 kg.........  100 kg........  C.............
                                                                                                     TP36.
G............  Organometallic             4.3  UN3395...........  I..............  4.3............  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  Forbidden.....  E.............  40, 52.
                substance, solid,                                                                    TP33,TP36.
                water-reactive.
                                                                  II.............  4.3............  IB4, T3, TP33,      151............  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52.
                                                                                                     TP36.
                                                                  III............  4.3............  IB6, T1, TP33,      151............  213............  241...........  25 kg.........  100 kg........  E.............  40, 52.
                                                                                                     TP36.
G............  Organometallic             4.3  UN3396...........  I..............  4.3, 4.1.......  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  Forbidden.....  E.............  40, 52.
                substance, solid,                                                                    TP33, TP36.
                water-reactive,
                flammable.
                                                                  II.............  4.3, 4.1.......  IB4, T3, TP33,      151............  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52.
                                                                                                     TP36.
                                                                  III............  4.3, 4.1.......  IB6, T1, TP33,      151............  213............  241...........  25 kg.........  100 kg........  E.............  40, 52.
                                                                                                     TP36.
G............  Organometallic             4.3  UN3397...........  I..............  4.3, 4.2.......  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  Forbidden.....  E.............  40, 52.
                substance, solid,                                                                    TP33, TP36.
                water-reactive,
                self-heating.
                                                                  II.............  4.3, 4.2.......  IB4, T3, TP33,      None...........  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52.
                                                                                                     TP36.
                                                                  III............  4.3, 4.2.......  IB6, T1, TP33,      None...........  213............  241...........  25 kg.........  100 kg........  E.............  40, 52.
                                                                                                     TP36.
 
                                                                                                              * * * * * * *
               Oxygen, compressed         2.2  UN1072...........  ...............  2.2, 5.1.......  110, A14..........  306............  302............  314, 315......  75 kg.........  150 kg........  A.............
 

[[Page 52111]]

 
                                                                                                              * * * * * * *
G............  Permanganates,             5.1  UN3214...........  II.............  5.1............  26, 353, IB2, T4,   152............  202............  242...........  1 L...........  5 L...........  D.............  56, 58, 133,
                inorganic,                                                                           TP1.                                                                                                                  138.
                aqueous solution,
                n.o.s.
G............  Permanganates,             5.1  UN1482...........  II.............  5.1............  26, 353, A30, IB6,  152............  212............  242...........  5 kg..........  25 kg.........  D.............  56, 58, 138.
                inorganic, n.o.s.                                                                    IP2, T3, TP33.
                                                                  III............  5.1............  26, 353, A30, IB8,  152............  213............  240...........  25 kg.........  100 kg........  D.............  56, 58, 138.
                                                                                                     IP3, T1, TP33.
 
                                                                                                              * * * * * * *
               Pentaerythrite            1.1D  UN0411...........  II.............  1.1D...........  120...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  10............
                tetranitrate or
                Pentaerythritol
                tetranitrate or
                PETN, with not
                less than 7
                percent wax by
                mass.
 
                                                                                                              * * * * * * *
               Petroleum crude              3  UN1267...........  I..............  3..............  144, 357, T11,      150............  201............  243...........  1 L...........  30 L..........  E.............
                oil.                                                                                 TP1, TP8.
                                                                  II.............  3..............  144, 357, IB2, T4,  150............  202............  242...........  5 L...........  60 L..........  B.............
                                                                                                     TP1, TP8.
                                                                  III............  3..............  144, 357, B1, IB3,  150............  203............  242...........  60 L..........  220 L.........  A.............
                                                                                                     T2, TP1.
 
                                                                                                              * * * * * * *
               Phenyl mercaptan..         6.1  UN2337...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52.
                                                                                                     B77, T20, TP2,
                                                                                                     TP13, TP38, TP45.
G............  Phenylmercuric             6.1  UN2026...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............
                compounds, n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
+............  Phosphorous                6.1  UN1810...........  I..............  6.1, 8.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                oxychloride.                                                                         B77, N34, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
               Polyester resin              3  UN3269...........  ...............  3..............  40, 149...........  165............  165............  None..........  5 kg..........  5 kg..........  B.............
                kit.
 
                                                                                                              * * * * * * *
               Potassium nitrate.         5.1  UN1486...........  III............  5.1............  A1, A29,IB8, IP3,   152............  213............  240...........  25 kg.........  100 kg........  A.............
                                                                                                     T1, TP33, W1.
 
                                                                                                              * * * * * * *
               Powder, smokeless.        1.4C  UN0509...........  ...............  1.4C...........  ..................  None...........  62.............  None..........  Forbidden.....  75 kg.........  09............
 
                                                                                                              * * * * * * *
+............  n-Propyl                   6.1  UN2482...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Pyrophoric liquid,         4.2  UN3194...........  I..............  4.2............  ..................  None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78.
                inorganic, n.o.s.
G............  Pyrophoric                 4.2  UN2845...........  I..............  4.2............  B11, T22, TP2, TP7  None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78.
                liquids, organic,
                n.o.s.
 
                                                                                                              * * * * * * *
G............  Selenates or               6.1  UN2630...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  E.............
                Selenites.
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 52112]]

 
                                                                                                              * * * * * * *
G............  Selenium compound,         6.1  UN3440...........  I..............  6.1............  T14, TP2, TP27....  None...........  201............  243...........  1 L...........  30 L..........  B.............
                liquid, n.o.s.
                                                                  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  B.............
                                                                                                     TP27.
                                                                  III............  6.1............  IB3, T7, TP1, TP28  153............  203............  241...........  60 L..........  220 L.........  A.............
G............  Selenium compound,         6.1  UN3283...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  201............  242...........  5 kg..........  50 kg.........  B.............
                solid, n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
               Sodium nitrate....         5.1  UN1498...........  III............  5.1............  A1, A29, IB8, IP3,  152............  213............  240...........  25 kg.........  100 kg........  A.............
                                                                                                     T1, TP33, W1.
               Sodium nitrate and         5.1  UN1499...........  III............  5.1............  A1, A29, IB8, IP3,  152............  213............  240...........  25 kg.........  100 kg........  A.............
                potassium nitrate                                                                    T1, TP33, W1.
                mixtures.
 
                                                                                                              * * * * * * *
+............  Sulfur chloride...         6.1  UN1834...........  I..............  6.1, 8.........  1, B6, B9, B10,     None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                                                                                                     B14, B30, B77,
                                                                                                     N34, T22, TP2,
                                                                                                     TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Tellurium                  6.1  UN3284...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  201............  242...........  5 kg..........  50 kg.........  B.............
                compound, solid,
                n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
                                                                                                              * * * * * * *
+............  Tetranitromethane.         6.1  UN1510...........  I..............  6.1, 5.1.......  2, B32, T20, TP2,   None...........  227............  None..........  Forbidden.....  Forbidden.....  D.............  40, 66.
                                                                                                     TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
+............  Thiophosgene......         6.1  UN2474...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52.
                                                                                                     N33, N34, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
+............  Titanium                   6.1  UN1838...........  I..............  6.1, 8.........  2, B7, B9, B14,     None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40.
                tetrachloride.                                                                       B32, B77, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Vanadium compound,         6.1  UN3285...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  201............  242...........  5 kg..........  50 kg.........  B.............
                solid, n.o.s.
                                                                  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............
                                                                                                     TP33.
                                                                  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............
 
 

[[Page 52113]]

 
                                                                                                              * * * * * * *
               Xenon,                     2.2  UN2591...........  ...............  2.2............  T75, TP5..........  320............  None...........  None..........  50 kg.........  500 kg........  D.............
                refrigerated
                liquid (cryogenic
                liquids).
 
                                                                                                              * * * * * * *
               Zinc ammonium              5.1  UN1512...........  II.............  5.1............  IB8, IP4, T3, TP33  None...........  212............  242...........  5 kg..........  25 kg.........  E.............
                nitrite.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 52114]]

* * * * *
    9. In Sec.  172.102, the following amendments are made:
    a. In paragraph (c)(1), Special provisions 77 and 157 are removed; 
Special provisions 15, 40, 78, 110, 134, 135, 149, 167 and 198 are 
revised; and new Special provisions 340, 343, 345, 346, 347, 349, 350, 
351, 352, 353, and 357 are added.
    b. In paragraph (c)(2), Special provision A59 is revised and new 
Special provision A112 is added.
    c. In paragraph (c)(4), Table 1--IB Codes (IBC Codes) is revised.
    d. In paragraph (c)(8), new Special provision TP36 is added.
    e. In paragraph (c)(9), new Special provision W1 is added.
    The revisions and additions 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, for example, are used for medical, analytical, 
diagnostic, testing, or repair purposes. Kits that are carried on board 
transport vehicles for first aid or operating purposes are not subject 
to the requirements of this subchapter.
* * * * *
    40 Polyester resin kits consist of two components: A base material 
(Class 3, Packing Group II or III) and an activator (organic peroxide), 
each separately packed in an inner packaging. The organic peroxide must 
be type D, E, or F, not requiring temperature control. The components 
may be placed in the same outer packaging provided they will not 
interact dangerously in the event of leakage. The Packing Group 
assigned will be II or III, according to the classification criteria 
for Class 3, applied to the base material. Additionally, unless 
otherwise excepted in this subchapter, polyester resin kits must be 
packaged in specification combination packagings based on the 
performance level of the base material contained within the kit.
* * * * *
    78 This entry may not be used to describe compressed air which 
contains more than 23.5 percent oxygen. Compressed air containing 
greater than 23.5 percent oxygen must be shipped using the description 
``Compressed gas, oxidizing, n.o.s., UN3156.''
* * * * *
    110 Fire extinguishers transported under UN1044 and Oxygen, 
compressed cylinders transported for emergency use under UN1072 may 
include installed actuating cartridges (cartridges, power device of 
Division 1.4C or 1.4S), without changing the classification of Division 
2.2, provided the aggregate quantity of deflagrating (propellant) 
explosives does not exceed 3.2 grams per cylinder. Oxygen cylinders 
with installed actuating cartridges as prepared for transportation must 
have an effective means of preventing inadvertent activation.
* * * * *
    134 This entry only applies to vehicles, machinery and equipment 
powered by wet batteries, sodium batteries, or lithium batteries that 
are transported with these batteries installed. Examples of such items 
are electrically-powered cars, lawn mowers, wheelchairs, and other 
mobility aids. Self-propelled vehicles or equipment that also contain 
an internal combustion engine must be consigned under the entry 
``Engine, internal combustion, flammable gas powered'' or ``Engine, 
internal combustion, flammable liquid powered'' or ``Vehicle, flammable 
gas powered'' or ``Vehicle, flammable liquid powered),'' as 
appropriate. These entries include hybrid electric vehicles powered by 
both an internal combustion engine and batteries. Additionally, self-
propelled vehicles or equipment that contain a fuel cell engine must be 
consigned under the entries ``Engine, fuel cell, flammable gas 
powered'' or ``Engine, fuel cell, flammable liquid powered'' or 
``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle, fuel cell, 
flammable liquid powered,'' as appropriate. These entries include 
hybrid electric vehicles powered by a fuel cell engine, an internal 
combustion engine, and batteries.
    135 Internal combustion engines installed in a vehicle must be 
consigned under the entries ``Vehicle, flammable gas powered'' or 
``Vehicle, flammable liquid powered,'' as appropriate. These entries 
include hybrid electric vehicles powered by both an internal combustion 
engine and wet, sodium or lithium batteries installed. If a fuel cell 
engine is installed in a vehicle, the vehicle must be consigned using 
the entries ``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle, 
fuel cell, flammable liquid powered,'' as appropriate. These entries 
include hybrid electric vehicles powered by a fuel cell, an internal 
combustion engine, and wet, sodium or lithium batteries installed.
* * * * *
    149 Except for transportation by aircraft, 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).
* * * * *
    167 These storage systems must always be considered as containing 
hydrogen. A metal hydride storage system installed in or intended to be 
installed in a vehicle or equipment or in vehicle or equipment 
components must be approved for transport by the Associate 
Administrator. A copy of the approval must accompany each shipment.
* * * * *
    198 Nitrocellulose solutions containing not more than 20% 
nitrocellulose may be transported as paint, perfumery products, or 
printing ink, as applicable, provided the nitrocellulose contains no 
more 12.6% nitrogen (by dry mass). See UN1210, UN1263, UN1266, UN3066, 
UN3469, and UN3470.
* * * * *
    340 Except for nickel-metal hydride button cells or nickel-metal 
hydride cells or batteries packed with or contained in equipment (which 
must be transported in accordance with Special provision 130 for the 
transport of ``Batteries, dry, sealed, n.o.s.,'' nickel-metal hydride 
batteries must be prepared and packaged for transport in a manner to 
prevent a dangerous evolution of heat, short circuits, and damage to 
terminals; and are subject to the incident reporting in accordance with 
Sec.  171.16 of this subchapter if a fire, violent rupture, explosion 
or dangerous evolution of heat (i.e., an amount of heat sufficient to 
be dangerous to packaging or personal safety to include charring of 
packaging, melting of packaging, scorching of packaging, or other 
evidence) occurs as a direct result of a nickel-metal hydride battery. 
When loaded in a cargo transport unit in a total quantity of 100 kg 
gross mass or more, nickel-metal hydride batteries are also subject to 
the shipping paper requirements of Subpart C of this Part, the manifest 
requirements of Sec.  176.30 of this subchapter, and the vessel stowage 
requirements assigned to this entry in Column (10) of the Sec.  172.101 
hazardous materials table.
* * * * *
    343 This entry must be used for international transportation of 
petroleum crude oil containing hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil presents an 
inhalation

[[Page 52115]]

hazard during the course of transportation. For domestic 
transportation, the entry ``Petroleum crude oil, UN1267'' may be used 
without consideration of a Division 6.1 subsidiary hazard 
classification. However, bulk packagings used to transport petroleum 
crude oil domestically are required to be marked in accordance with 
Sec.  172.327 of this Part.
    345 Nitrogen, refrigerated liquid cryogenic liquid, UN1977 
transported in open cryogenic receptacles with a maximum capacity of 1 
L are not subject to the requirements of this subchapter. The 
receptacles must be constructed with glass double walls having the 
space between the walls vacuum insulated and each receptacle must be 
transported in an outer packaging with sufficient cushioning and 
absorbent materials to protect the receptacle from damage.
    346 Nitrogen, refrigerated liquid cryogenic liquid, UN1977 
transported in accordance with the requirements for open cryogenic 
receptacles in Sec.  173.320 are not subject to the requirements of 
this subchapter. The receptacle must contain no hazardous materials 
other than the liquid nitrogen which must be fully absorbed in a porous 
material in the receptacle.
    347 Effective April 1, 2011, for transportation by aircraft this 
entry may only be used if the results of Test series 6(d) of Part I of 
the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter) have demonstrated that any hazardous effects from 
accidental functioning are confined to within the package. Effective 
January 1, 2014, for transportation domestically by highway or rail, 
this entry may only be used if the results of Test series 6(d) of Part 
I of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter) have demonstrated that any hazardous effects from 
accidental functioning are confined to within the package.
* * * * *
    349 Hypochlorite mixed with an ammonium salt is forbidden for 
transport. An aqueous solution of hypochlorite (re: UN1791) is a Class 
8 corrosive material.
    350 Ammonium bromate, ammonium bromate aqueous solutions, and 
mixtures of a bromate with an ammonium salt is forbidden for transport.
    351 Ammonium chlorate, ammonium chlorate aqueous solutions, and 
mixtures of a chlorate with an ammonium salt is forbidden for 
transport.
    352 Ammonium chlorite, ammonium chlorite aqueous solutions, and 
mixtures of a chlorite with an ammonium salt is forbidden for 
transport.
    353 Ammonium permanganate, ammonium permanganate aqueous solutions, 
and mixtures of a permanganate with an ammonium salt are forbidden for 
transport.
    357 For international transportation, petroleum crude oil 
containing hydrogen sulfide in sufficient concentration that vapors 
evolved from the crude oil can present an inhalation hazard may not be 
transported under this entry. Such crude oil must be transported under 
the entry ``Petroleum sour crude oil, flammable, toxic, UN3494.'' For 
domestic transportation in bulk packagings, consideration for inclusion 
in Division 6.1 is not required. However, bulk packagings in domestic 
transportation that do emit hydrogen sulfide in sufficient 
concentration that vapors evolved from the crude oil can present an 
inhalation hazard must be marked as specified in Sec.  172.327.
    (2) * * *
    A59 Glass inner packagings (such as ampoules or capsules) intended 
only for use in sterilization devices, when containing less than 30 mL 
of ethylene oxide per inner packaging with not more than 300 mL per 
outer packaging, may be transported in accordance with Sec.  173.4a of 
this subchapter, irrespective of Sec.  173.4a(b) provided that:
    a. After filling, each glass inner packaging must be determined to 
be leak-tight by placing the glass inner packaging in a hot water bath 
at a temperature and for a period of time sufficient to ensure that an 
internal pressure equal to the vapor pressure of ethylene oxide at 55 
[ordm]C is achieved. Any glass inner packaging showing evidence of 
leakage, distortion or other defect under this test must not be 
transported under the terms of this special provision;
    b. In addition to the packaging required in Sec.  173.4a, each 
glass inner packaging must be placed in a sealed plastic bag compatible 
with ethylene oxide and capable of containing the contents in the event 
of breakage or leakage of the glass inner packaging; and
    c. Each glass inner packaging is protected by a means of preventing 
puncture of the plastic bag (e.g., sleeves or cushioning) in the event 
of damage to the packaging (e.g., by crushing).
* * * * *
    A112 Notwithstanding the quantity limits shown in Column (9A) and 
(9B) for this entry, the following IBCs are authorized for 
transportation aboard passenger and cargo-only aircraft. Each IBC may 
not exceed a maximum net quantity of 1,000 kg:
    a. Metal: 11A, 11B, 11N, 21A, 21B and 21N
    b. Rigid plastics: 11H1, 11H2, 21H1 and 21H2
    c. Composite with plastic inner receptacle: 11HZ1, 11HZ2, 21HZ1 and 
21HZ2
    d. Fiberboard: 11G
    e. Wooden: 11C, 11D and 11F (with inner liners)
    f. Flexible: 13H2, 13H3, 13H4, 13H5, 13L2, 13L3, 13L4, 13M1 and 
13M2 (flexible IBCs must be sift-proof and water resistant or must be 
fitted with a sift-proof and water resistant liner).
    (4) * * *

                      Table 1--IB Codes (IBC Codes)
------------------------------------------------------------------------
                IBC code                         Authorized IBCs
------------------------------------------------------------------------
IB1....................................  Authorized IBCs: Metal (31A,
                                          31B and 31N).
                                         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.
IB2....................................  Authorized IBCs: Metal (31A,
                                          31B and 31N); Rigid plastics
                                          (31H1 and 31H2); Composite
                                          (31HZ1).
                                         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.
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 2 for
                                          UN2672).
IB4....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B and 21N).
IB5....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B and 21N);
                                          Rigid plastics (11H1, 11H2,
                                          21H1, 21H2, 31H1 and 31H2);
                                          Composite (11HZ1, 21HZ1 and
                                          31HZ1).
IB6....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B and 21N);
                                          Rigid plastics (11H1, 11H2,
                                          21H1, 21H2, 31H1 and 31H2);
                                          Composite (11HZ1, 11HZ2,
                                          21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2).
                                         Additional Requirement:
                                          Composite IBCs 11HZ2 and 21HZ2
                                          may not be used when the
                                          hazardous materials being
                                          transported may become liquid
                                          during transport.

[[Page 52116]]

 
IB7....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B and 21N);
                                          Rigid plastics (11H1, 11H2,
                                          21H1, 21H2, 31H1 and 31H2);
                                          Composite (11HZ1, 11HZ2,
                                          21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2); Wooden (11C, 11D and
                                          11F).
                                         Additional Requirement: Liners
                                          of wooden IBCs must be sift-
                                          proof.
IB8....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B and 21N);
                                          Rigid plastics (11H1, 11H2,
                                          21H1, 21H2, 31H1 and 31H2);
                                          Composite (11HZ1, 11HZ2,
                                          21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2); Fiberboard (11G);
                                          Wooden (11C, 11D and 11F);
                                          Flexible (13H1, 13H2, 13H3,
                                          13H4, 13H5, 13L1, 13L2, 13L3,
                                          13L4, 13M1 or 13M2).
IB9....................................  IBCs are only authorized if
                                          approved by the Associate
                                          Administrator.
------------------------------------------------------------------------

* * * * *
    (8) * * *

Code/Special Provisions

* * * * *
    TP36 Portable tanks may be equipped with fusible elements in the 
vapor space of the portable tank.
* * * * *
    (9) * * *

Code/Special Provisions

    W1 When offered for transportation by vessel, this material is not 
subject to the provisions of this subchapter. The material must be 
accompanied by a certificate from an accredited laboratory stating that 
the product has been sampled and tested according to the UN Manual of 
Tests and Criteria.
* * * * *
    10. In Sec.  172.200, paragraph (b)(3) is revised to read as 
follows:


Sec.  172.200  Applicability.

* * * * *
    (b) * * *
    (3) A limited quantity unless the material is offered or intended 
for transportation by air or vessel or is a hazardous waste, a 
hazardous substance or a marine pollutant, and, until December 31, 
2013, a limited quantity that conforms to the ORM-D reclassification 
and packaging requirements of this subchapter in effect on October 1, 
2010 when offered for transportation by highway or rail.
* * * * *
    11. In Sec.  172.203, paragraph (b) is revised to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (b) Limited quantities. When a shipping paper is required by this 
subchapter, the description for a material offered for transportation 
as ``limited quantity,'' as authorized by this subchapter, must include 
the words ``Limited Quantity'' or ``Ltd Qty'' following the basic 
description.
* * * * *
    12. In Sec.  172.300, a new paragraph (c) is added to read as 
follows:


Sec.  172.300  Applicability.

* * * * *
    (c) Stocks of preprinted packagings marked prior to the effective 
date of a final rule may be continued in use, in the manner previously 
authorized, until depleted or for a one-year period, subsequent to the 
effective date of the marking amendment, whichever is less.
    13. In Sec.  172.312, paragraph (c)(5) is revised to read as 
follows:


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

* * * * *
    (c) * * *
    (5) A non-bulk package with hermetically sealed inner packagings 
not exceeding 500 mL each.
* * * * *
    14. Section 172.315 is revised to read as follows:


Sec.  172.315  Limited quantities.

    Except for transportation by aircraft or as otherwise provided in 
this subchapter, a package and, for transportation by vessel, a cargo 
transport unit (see Sec.  176.2 of this subchapter) containing a 
limited quantity of hazardous materials is not required to be marked 
with the proper shipping name provided it is marked with the square-on-
point in accordance with the following:
    (a) The limited quantity marking must be durable, legible and of a 
size relative to the package as to be readily visible. The marking must 
be applied on at least one side or one end of the outer packaging. The 
width of line forming the square-on-point must be at least 2 mm and the 
minimum dimension on each side must be 100 mm unless the package size 
requires a reduced size label that must be no less than 50 mm on each 
side. When intended for transportation by vessel, a cargo transport 
unit must be suitably marked on the exterior of the unit with an 
identical mark except that it must have minimum dimensions on each side 
of 250 mm. The top and bottom portions of the square-on-point and the 
line forming the diamond must be black and the center white or of a 
suitable contrasting background as follows:

[[Page 52117]]

[GRAPHIC] [TIFF OMITTED] TP24AU10.000

    (b)(1) Effective January 1, 2012, packages of limited quantities 
intended for transportation by aircraft must be marked as prescribed in 
this paragraph when conforming to Table 3 of Sec.  173.27(f) of this 
subchapter or part 3;4 of the ICAO Technical Instructions and labeled 
as appropriate. When intended for transportation by aircraft, a limited 
quantity package is to be marked as follows:
[GRAPHIC] [TIFF OMITTED] TP24AU10.001

    (2) The limited quantity marking must be durable, legible and of 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 minimum 
dimension on each side must be 100 mm unless the package size requires 
a reduced size label that must be no less than 50 mm on each side. The 
top and bottom portions of the square-on-point and the line forming the 
diamond must be black and the center white or of a suitable contrasting 
background. The symbol ``Y'' must be located in the center of the 
square-on-point and be clearly visible. The marking must be applied on 
at least one side or one end of the outer packaging.
    (c) The applicable package markings required by this subpart (e.g., 
proper shipping name, technical name, ``RQ'') must be in association 
with the marking required by paragraph (a) or (b) of this section.
    15. In Sec.  172.316, paragraphs (a)(1) and (a)(2) are revised to 
read as follows:


Sec.  172.316  Packagings containing materials classed as ORM-D.

    (a) * * *
    (1) Until December 31, 2013, ORM-D-AIR for an ORM-D that is 
prepared for air shipment and packaged in accordance with Sec. Sec.  
173.63, 173.150 through 173.155, and 173.306 and the applicable 
requirements in Sec.  173.27.
    (2) Until December 31, 2013, ORM-D for an ORM-D other than as 
described in paragraph (a)(1) of this section.
* * * * *
    16. In Sec.  172.322, paragraph (d)(2)(iii) is added to read as 
follows:


Sec.  172.322  Marine pollutants.

* * * * *
    (d) * * *
    (2) * * *
    (iii) On a package of limited quantity material marked in 
accordance with Sec.  172.315 of this part.
* * * * *

[[Page 52118]]

    17. In Sec.  172.324, in paragraph (b), the words ``or the 
identification number'' are removed and the words ``and the limited 
quantity marking'' are added in their place.
    18. In Sec.  172.326, in paragraph (a), a second sentence is added 
to read as follows:


Sec.  172.326  Portable tanks.

    (a) Shipping name. * * * For transportation by vessel, the minimum 
height for a proper shipping name marked on a portable tank is 65 mm.
* * * * *
    19. Section 172.327 is added to read as follows:


Sec.  172.327  Sour crude oil toxic hazard marking.

    (a) When sour crude oil transported in a bulk packaging may release 
concentrations of hydrogen sulfide gas that pose a risk to persons in 
the immediate vicinity (e.g., manhole, loading head), except for the 
size, the bulk packaging must be marked as follows:
[GRAPHIC] [TIFF OMITTED] TP24AU10.002

    (b) Each side of the marking shown must be at least 100 mm (3.9 
inches).
    20. In Sec.  172.500, paragraph (b)(3) is revised to read as 
follows:


Sec.  172.500  Applicability of placarding requirements.

* * * * *
    (b) * * *
    (3) Hazardous materials authorized by this subchapter to be offered 
for transportation as a limited quantity when identified as such on a 
shipping paper in accordance with Sec.  172.203(b) or when marked as 
such in accordance with Sec.  172.315.
* * * * *
    21. In Sec.  172.502, paragraph (b)(2) is revised to read as 
follows:


Sec.  172.502  Prohibited and permissive placarding.

* * * * *
    (b) * * *
    (2) The restrictions of paragraph (a) of this section do not apply 
to the display of a Limited Quantity marking, a BIOHAZARD marking, a 
``HOT'' marking, a sour crude oil toxic hazard marking, or an 
identification number on a white square-on-point configuration in 
accordance with Sec. Sec.  172.323(c), 172.325(c), 172.327(a), or 
172.336(b) of this part, respectively.
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    23. In Sec.  173.4, paragraphs (a) introductory text and (c) are 
revised and a new paragraph (a)(1)(v) is added to read as follows:


Sec.  173.4  Small quantities for highway and rail.

    (a) When transported domestically by highway or rail in conformance 
with this section, quantities of Division 2.2 (except aerosols and with 
no subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and 
III), Division 4.3 (PG II and III), Division 5.1, Division 5.2, 
Division 6.1, Class 7, Class 8, and Class 9 materials that also meet 
the definition of one or more of these hazard classes, are not subject 
to any other requirements when--
    (1) * * *
    (v) Except for aerosols or a material with a subsidiary hazard, a 
Division 2.2 material when contained in an inner receptacle not 
exceeding a water capacity of 30 mL (1.8 cubic inches) or less.
* * * * *
    (c) Packages which contain a Class 2 (other than that authorized in 
paragraph (a)(1)(v) of this section), Division 4.2 (PG I), or Division 
4.3 (PG I) material conforming to paragraphs (a)(1) through (a)(10) of 
this section may be offered for transportation or transported if 
specifically approved by the Associate Administrator.
* * * * *
    24. In Sec.  173.4a, paragraph (a)(4) is added and paragraphs 
(b)(5) and (d)(3) are revised to read as follows:


Sec.  173.4a  Excepted quantities.

    (a) * * *
    (4) Packagings for which retention of liquid is a basic function 
must be capable of withstanding without leakage the pressure 
differential specified in Sec.  173.27(c).
    (b) * * *
    (5) Division 5.2 materials only when contained in a chemical kit, 
first aid kit or a polyester resin kit;
* * * * *
    (d) * * *
    (3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 500 
mL (0.1 gallons) for liquids.
* * * * *
    25. In Sec.  173.4b, paragraph (b) is added to read as follows:

[[Page 52119]]

Sec.  173.4b  De minimis exceptions.

* * * * *
    (b) Non-infectious specimens, such as specimens of mammals, birds, 
amphibians, reptiles, fish, insects and other invertebrates containing 
small quantities of Ethanol (UN1170), Formaldehyde solution, flammable 
(UN1198), Alcohols, n.o.s. (UN1987) and Isopropanol (UN1219) are not 
subject to the requirements of this subchapter provided the following 
packaging, marking and documentation provisions, as applicable, are 
met:
    (1) The specimens are:
    (i) Wrapped in a paper towel or cheesecloth moistened with alcohol 
or an alcohol solution and placed in a plastic bag that is heat-sealed. 
Any free liquid in the bag must not exceed 30 mL; or
    (ii) Placed in vials or other rigid containers with no more than 30 
mL of alcohol or alcohol solution. The containers are placed in a 
plastic bag that is heat-sealed;
    (2) The bagged specimens are placed in another plastic bag with 
sufficient absorbent material to absorb the entire liquid contents 
inside the primary receptacle. The outer plastic bag is then heat-
sealed;
    (3) The completed bag is placed in a strong outer packaging with 
sufficient cushioning material that conforms to subpart B of part 173;
    (4) The aggregate net quantity of flammable liquid in one outer 
packaging may not exceed 1 L; and
    (5) The outer package must be legibly marked ``Scientific research 
specimens, 49 CFR 173.4b applies.''
    (6) Documentation. (i) For transportation by highway or rail, no 
shipping paper is required.
    (ii) For transport by air, a shipping paper is not required, except 
that, if a document such as an air waybill accompanies a shipment of 
specimens containing hazardous materials excepted under the terms of 
this section, the document must include the statement ``Scientific 
research specimens, 49 CFR 173.4b applies'' and the number of packages 
indicated.
    (iii) For transport by vessel, a shipping paper is not required; 
however, the Dangerous Cargo Manifest must include the statement 
``Scientific research specimens, 49 CFR 173.4b applies'' and the number 
of packages indicated. Vessel stowage is the same as for hazardous 
materials in excepted quantities.
    (7) Training. Each person who offers or transports excepted 
quantities of hazardous materials must know about the requirements of 
this section.
    (8) Restrictions. For transportation by aircraft, hazardous 
material packaged in accordance with this special provision may not be 
carried in checked or carry-on passenger or crew member baggage.
    26. In Sec.  173.25, a new paragraph (a)(6) is added to read as 
follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (6) Where packages of limited quantity materials are overpacked 
and, until December 31, 2013, packages bearing the ORM-D or ORM-D AIR 
marking, must be marked ``OVERPACK'' unless all marking and labeling 
required by this subchapter are visible. Where packages of excepted 
quantities are overpacked and all required markings are not visible 
through the overpack, they must be repeated on the overpack.
* * * * *
    27. In Sec.  173.27, paragraph (f) introductory text is removed, 
paragraphs (f)(1) and (2) and a new Table 3 with notes 1 through 6 are 
added, and a new paragraph (j) is added to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) Combination packagings. (1) For authorized materials and inner 
and outer packaging quantity limits for combination packages of 
excepted quantities intended for transportation by aircraft, see Sec.  
173.4a. Unless otherwise specified in this part, or in Subpart C of 
Part 171 of this subchapter, when combination packagings are intended 
for transportation aboard an aircraft, inner packagings must conform to 
the quantity limitations set forth in table 1 of this paragraph for 
transport aboard passenger-carrying aircraft and table 2 of this 
paragraph for transport aboard cargo-only aircraft.
    (2) Limited quantity. For excepted quantities intended for 
transportation by aircraft, see Sec.  173.4a. Unless otherwise 
specified in this part, or in Subpart C of Part 171 of this subchapter, 
when a limited quantity of authorized hazardous material packaged in a 
combination packaging is intended for transportation aboard an 
aircraft, the inner packagings must conform to the quantity limitations 
set forth in table 3 of this paragraph and any applicable notes 
following the table. Materials must be eligible for transportation 
aboard a passenger-carrying aircraft. Materials not authorized as 
limited quantity by aircraft are those in Packing Group I, Class 1 and 
7 material, Divisions 2.1 (except Aerosols (UN1950) and Receptacles, 
small (UN2037) without subsidiary risk), 2.3, 4.1 (self-reactive), 4.2 
(primary or subsidiary risk), 4.3 (liquids), 5.2 (except when contained 
in a Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269) 
(Types D, E and F non-temperature controlled only)), Class 8 materials 
UN2794, UN2795, UN2803, UN2809, 3028, and all Class 9 materials except 
for UN1941, UN1990, UN2071, UN3077,UN3082, UN3316. The tables and notes 
are as follows:
* * * * *

    Table 3--Maximum Net Quantity of Each Inner Packaging and Materials Authorized Transportation as Limited
                                              Quantity by Aircraft
----------------------------------------------------------------------------------------------------------------
                                 Maximum authorized net quantity of each
                                             inner packaging                   Maximum
                              --------------------------------------------  authorized net
   Hazard class or division     Glass, earthenware                           quantity of            Notes
                                  or fiber inner       Metal or plastic       each outer
                                    packagings         inner packagings        package
----------------------------------------------------------------------------------------------------------------
Class 1......................  ....................  ....................  ...............  Forbidden.
Class 2......................  ....................  ....................  30 kg Gross....  Authorized
                                                                                             materials: UN 1950
                                                                                             (Aerosols) in
                                                                                             Divisions 2.1 and
                                                                                             2.2, and UN2037
                                                                                             (Receptacles,
                                                                                             small) in Divisions
                                                                                             2.1 and 2.2 without
                                                                                             subsidiary risk
                                                                                             only.
Class 3......................  PG I................  ....................  ...............  Forbidden.

[[Page 52120]]

 
                               PG II: 0.5L.........  PG II: 0.5L.........  PG II: 1L*.....  *Maximum net
                                                                                             quantity per outer
                                                                                             package with
                                                                                             corrosive
                                                                                             subsidiary risk
                                                                                             (e.g., UN2924,
                                                                                             UN3286) is 0.5L.
                                                                                             For Class 3
                                                                                             materials contained
                                                                                             in a ``Polyester
                                                                                             resin kit''
                                                                                             (UN3269), see Sec.
                                                                                              173.165. For
                                                                                             ``Fuel cell
                                                                                             cartridges
                                                                                             containing
                                                                                             flammable liquids''
                                                                                             (UN3473), see Sec.
                                                                                              173.230.
                               PG III: 2.5L*.......  PG III: 5.0L*.......  PG III: 10L*...  *Maximum net
                               *Corrosive            *Corrosive                              quantity per outer
                                subsidiary risk       subsidiary risk                        package with
                                (e.g., UN2924) or     (e.g., UN2924) or                      corrosive
                                toxic (e.g.,          toxic (e.g.,                           subsidiary risk
                                UN1992) is 1L.        UN1992) is 1L.                         (e.g., UN2924) is
                                                                                             1L and toxic
                                                                                             subsidiary risk
                                                                                             (e.g., UN1992) is
                                                                                             2L.
Division 4.1 (Excluding self-  PG I................  ....................  ...............  Forbidden.
 reactives).
                               PG II: 0.5 kg.......  PG II: 0.5 kg.......  PG II: 5 kg*...  *Maximum net
                                                                                             quantity per outer
                                                                                             package with toxic
                                                                                             subsidiary risk
                                                                                             (e.g., UN3179) is 1
                                                                                             kg.
                               PG III: 1 kg........  PG III: 1 kg........  PG III: 10 kg*.  *Maximum net
                                                                                             quantity per outer
                                                                                             package with
                                                                                             corrosive
                                                                                             subsidiary risk
                                                                                             (e.g., UN3180) is 5
                                                                                             kg.
Division 4.2.................  ....................  ....................  ...............  Forbidden.
Division 4.3 (Solids only)...  PG I................  ....................  ...............  Forbidden.
                               PG II: 0.5 kg.......  PG II: 0.5 kg.......  PG II: 5 kg*...  *Maximum net
                                                                                             quantity per outer
                                                                                             package with toxic
                                                                                             subsidiary risk
                                                                                             (e.g., UN3134) is 1
                                                                                             kg.
                               PG III: 1 kg........  PG III: 1 kg........  PG III: 10 kg*.  *Maximum net
                                                                                             quantity per outer
                                                                                             package with
                                                                                             corrosive or
                                                                                             flammable
                                                                                             subsidiary risk
                                                                                             (e.g., UN3131 or
                                                                                             UN3132,
                                                                                             respectively) is 5
                                                                                             kg.
Division 5.1.................  [Liquids] PG II:      [Liquids] PG II:      [Liquids] PG     ....................
                                0.1L.                 0.1L.                 II: 0.5L
                               [Liquids] PG III:     [Liquids] PGIII:      [Liquids] PG     ....................
                                0.5L.                 0.5L.                 III: 1.0L.
                               [Solids] PG II: 0.5   [Solids] PG II: 0.5   [Solids] PG II:  *Maximum net
                                kg.                   kg.                   2.5 kg*.         quantity per outer
                                                                                             package with toxic
                                                                                             subsidiary risk
                                                                                             (e.g., UN3087) is 1
                                                                                             kg.
                               [Solids] PG III: 1.0  [Solids] PG III: 1.0  [Solids] PG      *Maximum net
                                kg.                   kg.                   III: 10 kg*.     quantity per outer
                                                                                             package with
                                                                                             corrosive
                                                                                             subsidiary risk
                                                                                             (e.g., UN3085) is 1
                                                                                             kg.
Division 5.2.................  Liquids: 30 mL......  Liquids: 30 mL......  1 kg...........  Authorized
                               Solids: 100g........  Solids: 100g........                    materials: Types D,
                                                                                             E and F only
                                                                                             authorized as part
                                                                                             of a Chemical or
                                                                                             First Aid Kit
                                                                                             (UN3316) in
                                                                                             accordance with
                                                                                             Sec.   173.161 or a
                                                                                             Polyester Resin Kit
                                                                                             (UN3269) in
                                                                                             accordance with
                                                                                             Sec.   173.165.
Division 6.1.................  PG I................  ....................  ...............  Forbidden.
                               [Liquids] PG II:      [Liquids] PG II:      [Liquids] PG     *Maximum net
                                0.1L.                 0.1L.                 II: 1.0L*.       quantity per outer
                                                                                             package with
                                                                                             corrosive
                                                                                             subsidiary risk
                                                                                             (e.g., UN3289) is
                                                                                             0.5L.
                               [Liquids] PG III:     [Liquids] PGIII:      [Liquids] PG     ....................
                                0.5L.                 0.5L.                 III: 2.0L.
                               [Solids] PG II: 0.5   [Solids] PG II: 0.5   [Solids] PG II:  ....................
                                kg.                   kg.                   1.0 kg.
                               [Solids] PG III: 1.0  [Solids] PG III: 1.0  [Solids] PG      ....................
                                kg.                   kg.                   III: 10 kg.
Class 7......................  ....................  ....................  ...............  Forbidden (see Sec.
                                                                                              173.421).
Class 8......................  PG I................  ....................  ...............  Forbidden.

[[Page 52121]]

 
                               [Liquids] PG II:      [Liquids] PG II:      [Liquids] PG     For ``Fuel cell
                                0.1L.                 0.1L.                 II: 0.5L.        cartridges
                                                                                             containing
                                                                                             corrosive
                                                                                             substances''
                                                                                             (UN3477), see Sec.
                                                                                              173.230.
                               [Liquids] PG III:     [Liquids] PGIII:      [Liquids] PG     ....................
                                0.5L.                 0.5L.                 III: 1.0L.
                               [Solids] PG II: 0.5   [Solids] PG II: 0.5   [Solids] PG II:  *Maximum net
                                kg.                   kg.                   5.0 kg*.         quantity per outer
                                                                                             package for UN2430
                                                                                             is 1.0 kg. UN2794,
                                                                                             UN2795, UN2803,
                                                                                             UN2809, UN3028 not
                                                                                             authorized limited
                                                                                             quantity.
                               [Solids] PG III: 1.0  [Solids] PG III: 1.0  [Solids] PG      ....................
                                kg.                   kg.                   III: 5.0 kg.
Class 9......................  [Liquids]: 30 mL      [Liquids]: 30 mL      1 kg (UN3316);   Authorized
                                (UN3316); 5.0L        (UN3316); 5.0L        30 kg (all       materials: UN1941,
                                (UN1941, UN1990,      (UN1941, UN1990,      others).         UN1990, UN2071,
                                UN3082).              UN3082).                               UN3077, UN3082, and
                                [Solids]: 100g        [Solids]: 100g                         UN3316 only.
                                (UN3316); 5.0 kg      (UN3316); 5.0 kg                       Additionally,
                                (UN2071, UN3077).     (UN2071, UN3077).                      ``Consumer
                                                                                             commodity
                                                                                             (NA8000)'' in
                                                                                             accordance with
                                                                                             Sec.   173.167 and
                                                                                             ``Chemical kit'' or
                                                                                             ``First aid kit''
                                                                                             (UN3316), in
                                                                                             accordance with
                                                                                             Sec.   173.161 are
                                                                                             authorized.
----------------------------------------------------------------------------------------------------------------
Note 1: Effective January 1, 2012, packages must be marked with the limited quantity ``Y'' mark as prescribed in
  paragraph (j) of this section when conforming to Table 3 of this paragraph or part 3;4 of the ICAO Technical
  Instructions and labeled as appropriate. Until December 31, 2013, a package may be marked with the proper
  shipping name ``Consumer commodity'' and ``ORM-D-AIR'' if a limited quantity and consumer commodity, as
  authorized by this subchapter in effect on October 1, 2010.
Note 2: 30 kg gross weight maximum.
Note 3: Absorbent material is not required.
Note 4: Secondary means of closure required for all liquids contained in inner packagings. If this requirement
  cannot be satisfied, the use of an intermediate and leakproof form of containment, such as a liner, may be
  used.
Note 5: Packages must be capable of passing a 1.2 m drop test and a 24-hour stack test.
Note 6: Except for UN3082, inner packagings of combination packagings containing liquids must be capable of
  passing the pressure differential test in paragraph (c) of this section.

* * * * *
    (j) Limited quantity marking. (1) Effective January 1, 2012, 
packages of limited quantities intended for transportation by aircraft 
must be marked as prescribed in this paragraph when conforming to Table 
3 of this section or part 3;4 of the ICAO Technical Instructions and 
labeled as appropriate.
    (2) Until December 31, 2013, a package may be marked with the 
proper shipping name ``Consumer commodity'' (see Sec.  171.8) and 
reclassed as ``ORM-D-AIR'' if it contains a properly packaged limited 
quantity and consumer commodity, as authorized by this subchapter on 
October 1, 2010. A limited quantity package that is also a consumer 
commodity that is reclassed ORM-D-AIR is to be marked as prescribed in 
Sec.  172.316.
    28. In Sec.  173.40, in paragraph (c)(1), a new second sentence is 
added to read as follows:


Sec.  173.40  General packaging requirements for toxic materials 
packaged in cylinders.

* * * * *
    (c) * * *
    (1) * * * For UN pressure receptacles, each valve must be capable 
of withstanding the test pressure of the pressure receptacle and be 
connected directly to the pressure receptacle by either a taper thread 
or other means which meets the requirements of ISO 10692-2:2001.
* * * * *
    29. In Sec.  173.59, a new definition ``Phlegmatized'' is added in 
the appropriate alphabetical sequence to read as follows:


Sec.  173.59  Description of terms for explosives.

* * * * *
    Phlegmatized means that a substance (or ``phlegmatizer'') has been 
added to an explosive to enhance its safety in handling and transport. 
The phlegmatizer renders the explosive insensitive, or less sensitive, 
to the following actions: heat, shock, impact, percussion or friction. 
Typical phlegmatizing agents include, but are not limited to: Wax, 
paper, water, polymers (such as chlorofluoropolymers), alcohol and oils 
(such as petroleum jelly and paraffin).
* * * * *
    30. In Sec.  173.63, paragraph (b) is revised to read as follows:


Sec.  173.63  Packaging exceptions.

* * * * *
    (b) Cartridges, small arms, and cartridges power devices. (1)(i) 
Cartridges, small arms, and Cartridges power device (used to project 
fastening devices), that have been classed as a Division 1.4S explosive 
may be offered for transportation and transported when packaged in 
accordance with paragraph (b)(2) of this section. For transportation by 
aircraft, the package must conform to the applicable requirements of 
Sec.  173.27 and, effective April 1, 2011, Cartridge, power devices 
must have successfully been tested under the UN Test Series 6(d) to be 
reclassed as ORM-D-AIR material. Effective January 1, 2012, Cartridge, 
power devices must have successfully been tested under the UN Test 
Series 6(d) to be reclassed as ORM-D material for transportation by 
highway, rail or vessel. Packages must be marked as prescribed in Sec.  
172.315. Packages of such articles are not subject to the shipping 
paper requirements of subpart C of part 172 of this subchapter, unless 
the material meets the definition

[[Page 52122]]

of a hazardous substance, hazardous waste, marine pollutant, or is 
offered for transportation and transported by aircraft or vessel. 
Additionally, packages of such articles are excepted from the 
requirements of subparts E (Labeling) and F (Placarding) of part 172 of 
this subchapter.
    (ii) Until December 31, 2013, a package may be marked with the 
proper shipping name ``Cartridges, small arms, and Cartridges power 
device'' and reclassed as ``ORM-D'' or ``ORM-D-AIR'' material if it 
contains properly packaged articles as authorized by this subchapter on 
October 1, 2010. Additionally, for transportation by aircraft, 
Cartridge, power devices must have successfully been tested under the 
UN Test Series 6(d) to be reclassed as ORM-D-AIR material effective 
April 1, 2011.
    (iii) Cartridges, small arms and power devices that may be shipped 
as a limited quantity material are as follows:
    (A) Ammunition for rifle, pistol or shotgun;
    (B) Ammunition with inert projectiles or blank ammunition;
    (C) Ammunition having no tear gas, incendiary, or detonating 
explosive projectiles;
    (D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for 
rifle or pistol, cartridges or 8 gauge for shotshells; and
    (E) Cartridges, power devices which are used to project fastening 
devices.
    (2) Packaging for Cartridges, small arms, and eligible Cartridges, 
power devices as an ORM-D or ORM-D-AIR material must be as follows:
    (i) Ammunition must be packed in inside boxes, or in partitions 
which fit snugly in the outside packaging, or in metal clips;
    (ii) Primers must be protected from accidental initiation;
    (iii) Inside boxes, partitions or metal clips must be packed in 
securely-closed strong outside packagings;
    (iv) Maximum gross weight is limited to 30 kg (66 pounds) per 
package; and
    (v) Cartridges, power devices which are used to project fastening 
devices and 22 caliber rim-fire cartridges may be packaged loose in 
strong outside packagings.
* * * * *
    31. In Sec.  173.120, new paragraphs (c)(1)(ii)(C), (c)(1)(ii)(D), 
(c)(1)(ii)(E), (c)(1)(ii)(F), (c)(1)(ii)(G), and (c)(1)(ii)(H) are 
added to read as follows:


Sec.  173.120  Class 3--Definitions.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) ISO 1516:2002 Determination of flash/no flash--Closed cup 
equilibrium method (IBR; see Sec.  171.7 of this subchapter);
    (D) ISO 1523:2002 Determination of flash point--Closed cup 
equilibrium method (IBR; see Sec.  171.7 of this subchapter);
    (E) ISO 2719:2002 Determination of flash point--Pensky-Martens 
closed cup method (IBR; see Sec.  171.7 of this subchapter);
    (F) ISO 3679:2004 Determination of flash point--Rapid equilibrium 
closed cup method (IBR; see Sec.  171.7 of this subchapter);
    (G) ISO 3680:2004 Determination of flash/no flash--Rapid 
equilibrium closed cup method (IBR; see Sec.  171.7 of this 
subchapter); or
    (H) ISO 13736:2008 Determination of flash point--Abel closed-cup 
method (IBR; see Sec.  171.7 of this subchapter).
* * * * *
    32. In Sec.  173.121, paragraph (a) is revised to read as follows:


Sec.  173.121  Class 3--Assignment of packing group.

    (a)(1) The packing group of a Class 3 material is as assigned in 
column 5 of the Sec.  172.101 table. When the Sec.  172.101 table 
provides more than one packing group for a hazardous material, the 
packing group must be determined by applying the following criteria:

----------------------------------------------------------------------------------------------------------------
             Packing group                  Flash point (closed-cup)               Initial boiling point
----------------------------------------------------------------------------------------------------------------
I.....................................  ................................  <=35 [deg]C (95 [deg]F)
II....................................  <23 [deg]C (73 [deg]F)..........  >35 [deg]C (95 [deg]F)
III...................................  >=23 [deg]C, <=60 [deg]C (>=73    >35 [deg]C (95 [deg]F)
                                         [deg]F, <=140 [deg]F).
----------------------------------------------------------------------------------------------------------------

     (2) The initial boiling point of a Class 3 material may be 
determined by using one of the following test methods:
    (i) ASTM D86, Standard test method for distillation of petroleum 
products at atmospheric pressure (IBR; see Sec.  171.7 of this 
subchapter);
    (ii) ASTM D1078, Standard test method for distillation range of 
volatile organic liquids (IBR; see Sec.  171.7 of this subchapter);
    (iii) ISO 3405, Petroleum products--Determination of distillation 
characteristics at atmospheric pressure (IBR; see Sec.  171.7 of this 
subchapter);
    (iv) ISO 3924, Petroleum products--Determination of boiling range 
distribution--Gas chromatography method (IBR; see Sec.  171.7 of this 
subchapter); or
    (v) ISO 4626, Volatile organic liquids--Determination of boiling 
range of organic solvents used as raw materials (IBR; see Sec.  171.7 
of this subchapter).
* * * * *
    33. In Sec.  173.124, paragraph (b)(2) is revised to read as 
follows:


Sec.  173.124  Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

* * * * *
    (b) * * *
    (2) A self-heating material. A self-heating material is a material 
that through a process where the gradual reaction of that substance 
with oxygen (in air) generates heat. If the rate of heat production 
exceeds the rate of heat loss, then the temperature of the substance 
will rise which, after an induction time, may lead to self-ignition and 
combustion. A material of this type which exhibits spontaneous ignition 
or if the temperature of the sample exceeds 200 [deg]C (392 [deg]F) 
during the 24-hour test period when tested in accordance with UN Manual 
of Tests and Criteria, is classed as a Division 4.2 material.
* * * * *
    34. In Sec.  173.137, in the introductory text, the second sentence 
is revised and a third and fourth sentence are added to read as 
follows:


Sec.  173.137  Class 8--Assignment of packing group.

    * * * When the Sec.  172.101 Table provides more than one packing 
group for a Class 8 material, the packing group must be determined 
using data obtained from tests conducted in accordance with the OECD 
Guideline for the Testing of Chemicals, Number 435, ``In Vitro Membrane 
Barrier Test Method for Skin Corrosion'' (IBR, see Sec.  171.7 of this 
subchapter) or Number 404, ``Acute Dermal Irritation/Corrosion'' (IBR, 
see Sec.  171.7 of this subchapter). A material that is determined not 
to be corrosive in accordance with OECD Guideline for the Testing of 
Chemicals, Number 430, ``In Vitro Skin Corrosion: Transcutaneous 
Electrical Resistance Test (TER)'' or Number 431, ``In Vitro Skin 
Corrosion: Human Skin Model Test'' may be considered not to be 
corrosive to human skin for the

[[Page 52123]]

purposes of this subchapter without further testing. The packing group 
assignment using data obtained from tests conducted in accordance with 
OECD Guideline Number 404 must be as follows:
* * * * *
    35. Section 173.144 is revised to read as follows:


Sec.  173.144  Other Regulated Materials (ORM)--Definitions.

    For the purpose of this subchapter, ``ORM-D material'' means a 
material or article such as ``Cartridges, small arms'' or ``Cartridges, 
power device,'' which, although otherwise subject to the regulations of 
this subchapter, presents a limited hazard during transportation due to 
its form, quantity and packaging. It must be a material or article for 
which ORM-D exceptions are provided in the section indicated in Column 
(8A) of the Sec.  172.101 Hazardous Materials Table for a specific 
material or article.
    36. In Sec.  173.150, paragraphs (b), (c) and (d) are revised to 
read as follows:


Sec.  173.150  Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (b) Limited quantities of Class 3 materials. Limited quantities of 
flammable liquids (Class 3) and combustible liquids are excepted from 
labeling requirements, unless the material is offered for 
transportation or transported by aircraft, and the specification 
packaging requirements of this subchapter when packaged in combination 
packagings according to this paragraph. Unless otherwise specified in 
paragraph (c) of this section, packages of limited quantities intended 
for transportation by aircraft must conform to the applicable 
requirements (e.g., authorized materials, inner packaging quantity 
limits and closure securement) of Sec.  173.27. A limited quantity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
limited quantities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight. The following combination packagings are 
authorized:
    (1) For flammable liquids in Packing Group I, inner packagings not 
over 0.5 L (0.1 gallon) net capacity each, packed in strong outer 
packagings;
    (2) For flammable liquids in Packing Group II, inner packagings not 
over 1.0 L (0.3 gallons) net capacity each, unless the material has a 
subsidiary hazard of Division 6.1, Packing Group II, in which case the 
inner packagings may not exceed 100 mL (3.38 ounces) net capacity each, 
packed in a strong outer packaging.
    (3) For flammable liquids in Packing Group III and combustible 
liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity 
each, packed in strong outer packagings.
    (c) Until December 31, 2013, a limited quantity which conforms to 
the provisions of paragraph (b) of this section that is also a 
``consumer commodity'' as defined in 171.8 of this subchapter may be 
renamed ``Consumer commodity'' and reclassed and marked as ORM-D 
material in accordance with Sec.  172.316. Additionally, until December 
31, 2013, an ORM-D material that is prepared for air shipment and 
packaged in accordance with Sec.  173.27 in effect on October 1, 2010, 
may be renamed ``Consumer commodity'' and reclassed and marked as ORM-
D-AIR material in accordance with Sec.  172.316. A consumer commodity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
consumer commodities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
    (d) Alcoholic beverages. An alcoholic beverage (wine and distilled 
spirits as defined in 27 CFR 4.10 and 5.11) is not subject to the 
requirements of this subchapter if it--
    (1) Contains 24 percent or less alcohol by volume;
    (2) For other than air or vessel transportation, when contained in 
an inner packaging of 5 L (1.3 gallons) or less;
    (3) For other than air transportation, a Packing Group III 
alcoholic beverage when contained in a packaging 250 liters (66 
gallons) or less;
    (4) For air transportation, a Packing Group III alcoholic beverage 
when contained in a packaging of 5 L (1.3 gallons) or less; or
    (5) For transportation aboard a passenger-carrying aircraft in 
checked or carry-on baggage, a Packing Group III alcoholic beverage 
when contained in a packaging of 5 L (1.3 gallons) or less and 
conforming to Sec.  175.10(a)(4) of this subchapter.
* * * * *
    37. In Sec.  173.151, paragraphs (b), (c) and (d) are revised to 
read as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (b) Limited quantities of Division 4.1 and Division 4.2 materials. 
Limited quantities of flammable solids (Division 4.1) in Packing Group 
II and III and, where authorized, charcoal briquettes (Division 4.2) in 
Packing Group III, are excepted from labeling requirements, unless the 
material is offered for transportation or transported by aircraft, and 
the specification packaging requirements of this subchapter when 
packaged in combination packagings according to this paragraph. Unless 
otherwise specified in paragraph (c) of this section, packages of 
limited quantities intended for transportation by aircraft must conform 
to the applicable requirements (e.g., authorized materials, inner 
packaging quantity limits and closure securement) of Sec.  173.27. A 
limited quantity package which conforms to the provisions of this 
section is not subject to the shipping paper requirements of subpart C 
of part 172 of this subchapter, unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
or is offered for transportation and transported by aircraft or vessel, 
and is eligible for the exceptions provided in Sec.  173.156. In 
addition, packages of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
    (1) For flammable solids in Packing Group II, inner packagings not 
over 1.0 kg (2.2 pounds) net capacity each, unless the material has a 
subsidiary hazard of Division 6.1, Packing Group II, in which case the 
inner packagings may not exceed 0.5 kg (1.1 pounds) net capacity each, 
packed in a strong outer packaging.
    (2) For flammable solids in Packing Group III, inner packagings not 
over 5.0 kg (11 pounds) net capacity each, packed in a strong outer 
packaging.
    (3) Until December 31, 2013, Charcoal briquettes (NA1361) in 
Packing Group

[[Page 52124]]

III when contained in packagings not exceeding 25 kg net weight when 
intended for transportation by passenger-carrying aircraft, and 100 kg 
net weight when intended for transportation by cargo-only aircraft. 
After December 31, 2013, Charcoal briquettes (NA1361) may no longer be 
offered for transportation or transported by aircraft or vessel as a 
limited quantity material. For transportation by highway or rail, 
Charcoal briquettes (NA1361) may be packaged as a limited quantity in 
accordance with paragraph (b) of this section in packagings not 
exceeding 30 kg gross weight and are eligible for the exceptions 
provided in Sec.  173.156.
    (c) Until December 31, 2013, a limited quantity package (including 
Charcoal briquettes (NA1361)) which conforms to the provisions of 
paragraph (b) of this section that is also a ``consumer commodity,'' as 
defined in 171.8 of this subchapter, may be renamed ``Consumer 
commodity'' and reclassed and marked as ORM-D material in accordance 
with Sec.  172.316. Additionally, until December 31, 2013, an ORM-D 
material (including Charcoal briquettes (NA1361)) intended for 
transportation by aircraft and is packaged in accordance with Sec.  
173.27 in effect on October 1, 2010, may be renamed ``Consumer 
commodity'' and reclassed and marked as ORM-D-AIR material in 
accordance with Sec.  172.316. A consumer commodity package which 
conforms to the provisions of this section is not subject to the 
shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
consumer commodities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
    (d) Limited quantities of Division 4.3 materials. Limited 
quantities of Division 4.3 (dangerous when wet) solids in Packing Group 
II and III are excepted from labeling requirements, unless the material 
is offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. Unless otherwise 
specified in paragraph (c) of this section, packages of limited 
quantities intended for transportation by aircraft must conform to the 
applicable requirements (e.g., authorized materials, inner packaging 
quantity limits and closure securement) of Sec.  173.27. Packages of 
Limited quantities of Division 4.3 materials are not subject to the 
shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel. In addition, 
shipments of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
    (1) For Division 4.3 solids in Packing Group II, inner packagings 
not over 0.5 kg (1.1 pound) net capacity each, packed in strong outer 
packagings; and
    (2) For Division 4.3 solids in Packing Group III, inner packagings 
not over 1 kg (2.2 pounds) net capacity each, packed in strong outer 
packagings.
    38. In Sec.  173.152, paragraphs (b) and (c) are revised to read as 
follows:


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

* * * * *
    (b) Limited quantities of Division 5.1 and Division 5.2 materials. 
Limited quantities of oxidizers (Division 5.1) in Packing Group II and 
III and organic peroxides (Division 5.2) are excepted from labeling 
requirements unless the material is offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter when packaged in combination packagings according to 
this paragraph. Unless otherwise specified in paragraph (c) of this 
section, packages of limited quantities intended for transportation by 
aircraft must conform to the applicable requirements (e.g., authorized 
materials, inner packaging quantity limits and closure securement) of 
Sec.  173.27. A limited quantity package which conforms to the 
provisions of this section is not subject to the shipping paper 
requirements of subpart C of part 172 of this subchapter, unless the 
material meets the definition of a hazardous substance, hazardous 
waste, marine pollutant, or is offered for transportation and 
transported by aircraft or vessel, and is eligible for the exceptions 
provided in Sec.  173.156. In addition, packages of limited quantities 
are not subject to subpart F (Placarding) of part 172 of this 
subchapter. Each package must conform to the packaging requirements of 
subpart B of this part and may not exceed 30 kg (66 pounds) gross 
weight. The following combination packagings are authorized:
    (1) For oxidizers in Packing Group II, inner packagings not over 
1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg 
(2.2 pounds) net capacity each for solids, unless the material has a 
subsidiary hazard of Division 6.1, Packing Group II, in which case the 
inner packagings may not exceed 100 mL (3.38 ounces) for liquids or 0.5 
kg (1.1 pounds) for solids, packed in a strong outer packaging.
    (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.
    (3) Organic peroxides which do not require temperature control 
during transportation--
    (i) Except for transportation by aircraft, Type B or C organic 
peroxides, contained in inner packagings not over 25 mL (0.845 ounces) 
net capacity each for liquids or 100 g (3.528 ounces) net capacity for 
solids, packed in strong outer packagings.
    (ii) For Type D, E, or F organic peroxides, inner packagings not 
over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64 
ounces) net capacity for solids, packed in strong outer packagings.
    (c) Until December 31, 2013, a limited quantity which conforms to 
the provisions of paragraph (b) of this section that is also a 
``consumer commodity'' as defined in 171.8 of this subchapter, may be 
renamed ``Consumer commodity'' and reclassed and marked as ORM-D 
material in accordance with Sec.  172.316. Additionally, until December 
31, 2013, an ORM-D material that is prepared for air shipment and 
packaged in accordance with Sec.  173.27 in effect on October 1, 2010, 
may be renamed ``Consumer commodity'' and reclassed and marked as ORM-
D-AIR material in accordance with Sec.  172.316. A consumer commodity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
consumer commodities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part

[[Page 52125]]

and may not exceed 30 kg (66 pounds) gross weight.
    39. In Sec.  173.153, paragraphs (b) and (c) are 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-inhalation-hazard materials. 
Limited quantities of poisonous materials (Division 6.1) in Packing 
Group II and III are excepted from labeling requirements, unless the 
material is offered for transportation or transported by aircraft, and 
the specification packaging requirements of this subchapter when 
packaged in combination packagings according to this paragraph. Unless 
otherwise specified in paragraph (c) of this section, packages of 
limited quantities intended for transportation by aircraft must conform 
to the applicable requirements (e.g., authorized materials, inner 
packaging quantity limits and closure securement) of Sec.  173.27. A 
limited quantity package which conforms to the provisions of this 
section is not subject to the shipping paper requirements of subpart C 
of part 172 of this subchapter, unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
or is offered for transportation and transported by aircraft or vessel, 
and is eligible for the exceptions provided in Sec.  173.156. In 
addition, packages of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
    (1) For poisonous materials in Packing Group II, inner packagings 
not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) 
each for solids, packed in a strong outer packaging. Inner packagings 
containing a liquid poisonous material which is also a drug or medicine 
in Packing Group II may be increased to not over 250 mL (8 ounces) each 
and packed in a strong outer packaging.
    (2) For poisonous materials in Packing Group III, inner packagings 
not over 5 L (1.3 gallons) each for liquids or 5.0 kg (11 pounds) each 
for solids, packed in a strong outer packaging.
    (c) Until December 31, 2013, a limited quantity of poisonous 
material in Packing Group III and a drug or medicine in Packing Group 
II and III which conforms to the provisions of paragraph (b) of this 
section that is also a ``consumer commodity'' as defined in 171.8 of 
this subchapter may be renamed ``Consumer commodity'' and reclassed and 
marked as ORM-D material in accordance with Sec.  172.316. 
Additionally, until December 31, 2013, an ORM-D material that is 
prepared for air shipment and packaged in accordance with Sec.  173.27 
in effect on October 1, 2010, may be renamed ``Consumer commodity'' and 
reclassed and marked as ORM-D-AIR material in accordance with Sec.  
172.316. A consumer commodity package which conforms to the provisions 
of this section is not subject to the shipping paper requirements of 
subpart C of part 172 of this subchapter, unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
or is offered for transportation and transported by aircraft or vessel, 
and is eligible for the exceptions provided in Sec.  173.156. In 
addition, packages of consumer commodities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight.
    40. In Sec.  173.154, paragraphs (b) and (c) are revised to read as 
follows:


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

* * * * *
    (b) Limited quantities of Class 8 materials. Limited quantities of 
corrosive materials (Class 8) in Packing Group II and III are excepted 
from labeling requirements, unless the material is offered for 
transportation or transported by aircraft, and the specification 
packaging requirements of this subchapter when packaged in combination 
packagings according to this paragraph. Unless otherwise specified in 
paragraph (c) of this section, packages of limited quantities intended 
for transportation by aircraft must conform to the applicable 
requirements (e.g., authorized materials, inner packaging quantity 
limits and closure securement) of Sec.  173.27. A limited quantity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
limited quantities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight. The following combination packagings are 
authorized:
    (1) For corrosive materials in Packing Group II, inner packagings 
not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 
1.0 kg (2.2 pounds) net capacity each for solids, unless the material 
has a subsidiary hazard of Division 6.1, Packing Group II in which case 
the inner packagings may not exceed 100 mL (3.38 ounces) for liquids or 
0.5 kg (1.1 pounds) for solids, packed in a strong outer packaging.
    (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.
    (c) Until December 31, 2013, a limited quantity of corrosive 
material in Packing Group II and III which conforms to the provisions 
of paragraph (b) of this section that is also a ``consumer commodity,'' 
as defined in 171.8 of this subchapter, may be renamed ``Consumer 
commodity'' and reclassed and marked as ORM-D material in accordance 
with Sec.  172.316. Additionally, until December 31, 2013, an ORM-D 
material that is prepared for air shipment and packaged in accordance 
with Sec.  173.27 in effect on October 1, 2010, may be renamed 
``Consumer commodity'' and reclassed and marked as ORM-D-AIR material 
in accordance with Sec.  172.316. A consumer commodity package which 
conforms to the provisions of this section is not subject to the 
shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
consumer commodities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
* * * * *
    41. In Sec.  173.155, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  173.155  Exceptions for Class 9 (miscellaneous hazardous 
materials).

* * * * *
    (b) Limited quantities of Class 9 materials. Limited quantities of 
miscellaneous hazardous materials (Class 9) in Packing Group II and III 
are

[[Page 52126]]

excepted from labeling requirements, unless the material is offered for 
transportation or transported by aircraft, and the specification 
packaging requirements of this subchapter when packaged in combination 
packagings according to this paragraph. Unless otherwise specified in 
paragraph (c) of this section, packages of limited quantities intended 
for transportation by aircraft must conform to the applicable 
requirements (e.g., authorized materials, inner packaging quantity 
limits and closure securement) of Sec.  173.27. A limited quantity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
limited quantities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight. The following combination packagings are 
authorized:
    (1) For miscellaneous materials in Packing Group II, inner 
packagings not over 1.0 L (0.3 gallon) net capacity each for liquids, 
or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in 
a strong outer packaging.
    (2) For miscellaneous 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, packed in a 
strong outer packaging.
    (c) Until December 31, 2013, a limited quantity of miscellaneous 
material in Packing Group II and III which conforms to the provisions 
of paragraph (b) of this section that is also a ``consumer commodity,'' 
as defined in 171.8 of this subchapter, may be renamed ``Consumer 
commodity'' and reclassed and marked as ORM-D material in accordance 
with Sec.  172.316. Additionally, until December 31, 2013, an ORM-D 
material that is prepared for air shipment and packaged in accordance 
with Sec.  173.27 in effect on October 1, 2010, may be renamed 
``Consumer commodity'' and reclassed and marked as ORM-D-AIR material 
in accordance with Sec.  172.316. A consumer commodity package which 
conforms to the provisions of this section is not subject to the 
shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. In addition, packages of 
consumer commodities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
    42. Section 173.156 is revised to read as follows:


Sec.  173.156  Exceptions for limited quantity and ORM.

    (a) Exceptions for hazardous materials shipments in the following 
paragraphs are permitted only if this section is referenced for the 
specific hazardous material in the Sec.  172.101 table or in a 
packaging section in this part.
    (b) Packagings for limited quantity and ORM are specified according 
to hazard class in Sec. Sec.  173.150 through 173.155 and in Sec.  
173.306. In addition to other exceptions provided for limited quantity 
and ORM-D materials in this part:
    (1) Strong outer packagings as specified in this part, marking 
requirements specified in subpart D of part 172 of this subchapter, and 
the 30 kg (66 pounds) gross weight limitation are not required for 
packages of limited quantity materials marked in accordance with Sec.  
172.315, or, until December 31, 2013, materials classed and marked as 
ORM-D and described as a Consumer commodity, as defined in Sec.  171.8 
of this subchapter, when--
    (i) Unitized in cages, carts, boxes or similar overpacks;
    (ii) Offered for transportation or transported by:
    (A) Rail;
    (B) Private or contract motor carrier; or
    (C) Common carrier in a vehicle under exclusive use for such 
service; and
    (iii) Transported to or from a manufacturer, a distribution center, 
or a retail outlet, or transported to a disposal facility from one 
offeror.
    (2) The 30 kg (66 pounds) gross weight limitation does not apply to 
packages of limited quantity materials marked in accordance with Sec.  
172.315, or, until December 31, 2013, materials classed and marked as 
ORM-D and described as a Consumer commodity, as defined in Sec.  171.8 
of this subchapter, when offered for transportation, or transported, by 
highway or rail between a manufacturer, a distribution center, and a 
retail outlet provided--
    (i) Inner packagings conform to the quantity limits for inner 
packagings specified in Sec. Sec.  173.150(b), 173.152(b), 173.154(b), 
173.155(b) and 173.306 (a) and (b), as appropriate;
    (ii) The inner packagings are packed into corrugated fiberboard 
trays to prevent them from moving freely;
    (iii) The trays are placed in a fiberboard box which is banded and 
secured to a wooden pallet by metal, fabric, or plastic straps, to form 
a single palletized unit;
    (iv) The package conforms to the general packaging requirements of 
subpart B of this part;
    (v) The maximum net quantity of hazardous material permitted on one 
palletized unit is 250 kg (550 pounds); and
    (vi) The package is properly marked in accordance with Sec.  
172.315 or, until December 31, 2013, Sec.  172.316 of this subchapter.
    43. Section 173.161 is revised to read as follows:


Sec.  173.161  Chemical kits and first aid kits.

    (a) Applicability. Chemical kits and First aid kits contain one or 
more compatible items of hazardous materials in boxes, cases, etc. 
that, for example, are used for medical, analytical, diagnostic, 
testing, or repair purposes.
    (b) Authorized materials. (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. For transportation by 
aircraft, the kits may only contain quantities of hazardous materials 
authorized as excepted quantities in Sec.  173.4a or as limited 
quantities in Sec.  173.27(f). Materials forbidden for transportation 
by passenger aircraft or cargo aircraft may not be included in the 
kits.
    (2) The packing group assigned to the chemical kit and first aid 
kit as a whole must be the most stringent packing group assigned to any 
individual substance in the kit and must be shown on the shipping 
paper, if applicable, in accordance with Subpart C of Part 172 of this 
subchapter.
    (c) Packaging. Except for transportation by aircraft or vessel, 
chemical kits and first aid kits must be packaged in combination 
packagings conforming to the packaging requirements of subpart B of 
this part. For transportation by aircraft or vessel, chemical kits and 
first aid kits must be packaged in specification combination packagings 
based on the performance level of the most stringent packing group of 
material contained within the kit. For transportation by aircraft, 
friction-type closures must be secured by secondary means and inner 
packagings intended to contain liquids

[[Page 52127]]

must be capable of meeting the pressure differential requirements 
prescribed in Sec.  173.27(c). Inner and outer packaging quantity 
limits for packages are as follows:
    (1) Except for liquids of Division 5.2 (organic peroxide), inner 
packagings containing not more than 250 mL. Except for transportation 
by aircraft, for Division 5.2 (organic peroxide) liquids of Type B and 
C, inner packagings containing not more than 25 mL and for Division 5.2 
(organic peroxide) liquids of Type D, E and F, inner packagings 
containing not more than 125 mL. For transportation by aircraft, for 
Division 5.2 (organic peroxide) liquids of Type D, E and F (only), 
inner packagings containing not more than 125 mL;
    (2) Except for solids of Division 5.2 (organic peroxide) of Type B 
and C, inner packagings containing not more than 250 g. Except for 
transportation by aircraft, for a Division 5.2 (organic peroxide) solid 
of Type B and C, inner packagings containing not more than 100 g. For 
transportation by aircraft, for a Division 5.2 (organic peroxide) solid 
of Type D, E and F (only), inner packagings containing not more than 
250 g;
    (3) No more than 10 L or 10 kg of hazardous material may be 
contained in one outer package (excluding dry ice). For transportation 
by aircraft, no more than 1 L or 1 kg of hazardous material may be 
contained in one kit (excluding dry ice);
    (4) Each package must conform to the packaging requirements of 
subpart B of this part and may not exceed 30 kg (66 pounds) gross 
weight;
    (5) Except for Carbon dioxide, solid (Dry ice), UN1845, no other 
hazardous materials may be packed within the same outer packaging as 
the kits. Dry ice must be packaged in accordance with Sec.  173.217 of 
this subchapter;
    (6) 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; and
    (7) 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.
    (d) Exceptions. (1)(i) Chemical kits and first aid kits are 
eligible for the excepted quantity exceptions provided in Sec. Sec.  
173.4 and 173.4a. For transportation by aircraft, chemical kits and 
first aid kits and are also eligible for the limited quantity 
provisions provided in Sec.  173.27(f). For inner packaging quantity 
limits, see Sec.  173.27(f), Table 3.
    (ii) A package conforming to the provisions of this section is not 
subject to the shipping paper requirements of subpart C of part 172 of 
this subchapter, unless the material meets the definition of a 
hazardous substance, hazardous waste, marine pollutant, or is offered 
for transportation and transported by aircraft or vessel. Chemical kits 
and first aid kits conforming to this section may be marked as a 
limited quantity as prescribed in Sec.  172.315 and, if applicable, are 
eligible for the exceptions provided in Sec.  173.156. Additionally, 
chemical and first aid kits conforming to this section are not subject 
to part 174 (carriage by rail) or part 177 (carriage by highway) of 
this subchapter when marked in accordance with Sec.  172.315 of this 
subchapter.
    (2) Consumer commodities. Until December 31, 2013, a chemical kit 
or first aid kit conforming to the provisions of this section that is 
also a consumer commodity (see Sec.  171.8 of this subchapter) may be 
renamed ``Consumer commodity'' and reclassed and marked as ``ORM-D'' or 
``ORM-D-AIR'' material in accordance with Sec.  172.316 of this 
subchapter. Consumer commodities are excepted from the specification 
packaging requirements of this subchapter and each completed package 
must conform to Subpart B of this Part. A consumer commodity package 
which conforms to the provisions of this paragraph is not subject to 
the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156.
    (3) Kits that are carried on board transport vehicles for first aid 
or operating purposes are not subject to the requirements of this 
subchapter.
    44. New Sec.  173.165 is added to read as follows:


Sec.  173.165  Polyester resin kits.

    (a) Except for transportation by aircraft, polyester resin kits 
consisting of a base material component (Class 3, Packing Group II or 
III) and an activator component (Type D, E, or F organic peroxide which 
does not require temperature control)--
    (1) The organic peroxide component must be packed in inner 
packagings not over 125 mL (4.22 ounces) net capacity each for liquids 
or 500 g (17.64 ounces) net capacity each for solids;
    (2) 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
    (3) The flammable liquid component and the organic peroxide 
component may be packed in the same strong outer packaging provided 
they will not interact dangerously in the event of leakage.
    (b) For transportation by aircraft, polyester resin kits consisting 
of a base material component (Class 3, Packing Group II or III) and an 
activator component (Type D, E, or F organic peroxide which does not 
require temperature control)--
    (1) The organic peroxide component is limited to a quantity of 125 
mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if 
solid. The base material is limited to a quantity of 5 L (1.3 gallons) 
in metal or plastic inner packagings and 1 L (0.3 gallons) in glass 
inner packagings;
    (2) The components may be placed in the same outer packaging 
provided they will not interact dangerously in the event of leakage;
    (3) Packing group will be II or III, according to the criteria for 
Class 3, applied to the base material. Additionally, unless otherwise 
excepted in this subchapter, polyester resin kits must be packaged in 
specification combination packagings based on the performance level 
required of the base material (II or III) contained within the kit;
    (4) Closures must be secured by secondary means;
    (5) Inner packagings intended to contain liquids must be capable of 
meeting the pressure differential requirements prescribed in Sec.  
173.27(c); and
    (6) Except as provided in paragraph (b) of this section, exceptions 
for polyester resin kits intended for transportation by aircraft are 
provided in Sec. Sec.  173.4a (excepted quantities) and 173.27(f) 
(limited quantities).
    (c) Consumer commodities. Until December 31, 2013, a polyester 
resin kit conforming to the provisions of this section that is also a 
consumer commodity (see Sec.  171.8 of this subchapter) may be renamed 
``Consumer commodity'' and reclassed and marked as ``ORM-D'' or ``ORM-
D-AIR'' material in accordance with Sec.  172.316 of this subchapter. 
Consumer commodities are excepted from the specification packaging 
requirements of this subchapter and each completed package must conform 
to subpart B of this part 173. A consumer commodity package which 
conforms to the provisions of this paragraph is not subject to the 
shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the

[[Page 52128]]

material meets the definition of a hazardous substance, hazardous 
waste, marine pollutant, or is offered for transportation and 
transported by aircraft or vessel, and is eligible for the exceptions 
provided in Sec.  173.156.
    45. New Sec.  173.167 is added to read as follows:


Sec.  173.167  Consumer commodities.

    Consumer commodities (see Sec.  171.8 of this subchapter) when 
intended for transportation by aircraft may only include articles or 
substances of Class 2 (non-toxic aerosols only), Class 3 (Packing Group 
II and III only), Division 6.1 (Packing Group III only), UN3077, 
UN3082, and UN3175 provided such materials do not have a subsidiary 
risk and are authorized aboard a passenger-carrying aircraft. Friction-
type closures must be secured by secondary means. Inner packagings 
intended to contain liquids must be capable of meeting the pressure 
differential requirements prescribed in Sec.  173.27(c). Consumer 
commodities are excepted from the specification packaging requirements 
of this subchapter and each completed package must conform to subpart B 
of part 173 of this subchapter. Packages of consumer commodities must 
also be capable of withstanding a 1.2 m drop on solid concrete in the 
position most likely to cause damage and a 24-hour stack test. Inner 
and outer packaging quantity limits for consumer commodities are as 
follows:
    (a) Non-toxic aerosols, as defined in Sec.  171.8 and constructed 
in accordance with Sec.  173.306 of this subchapter, in non-refillable, 
non-metal containers not exceeding 120 mL (4 fluid ounces) each, or in 
non-refillable metal containers not exceeding 820 mL (28 ounces) each 
except that flammable aerosols may not exceed 500 mL (16.9 ounces) 
each;
    (b) Liquids, in inner packagings not exceeding 500 mL (16.9 ounces) 
each;
    (c) Solids, in inner packagings not exceeding 500 g (1.0 pounds) 
each; or
    (d) Any combination thereof, placed in an outer packaging not to 
exceed 30 kg (66 pounds) gross weight as prepared for shipment.
    46. In Sec.  173.225:
    a. In paragraph (c)(8), the Organic Peroxide Table is amended by 
removing and adding the following entries in the appropriate order.
    b. In paragraph (e), the Organic Peroxide IBC Table is amended by 
removing one entry and adding one entry in the appropriate order.


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

* * * * *
    (c) * * *
    (8) * * *

[[Page 52129]]



                                                                                     Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Concent.     Diluent      Diluent      Diluent       Water                                  Temp         Temp
            Technical name                      ID No.             (mass %)    (mass %) A   (mass %) B   (mass %) I    (mass %)        Packing method        control     emergency      Notes
(1)                                    (2).....................          (3)         (4a)         (4b)         (4c)          (5)  (6)....................         (7a)         (7b)          (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]
                                                                                          * * * * * * *
Di-(2-tert-butylperoxyisopropyl)       UN3106..................      >42-100  ...........  ...........         <=57  ...........  OP7....................  ...........  ...........         1, 9
 benzene(s).
Di-(2-tert-butylperoxyisopropyl)       Exempt..................         <=42  ...........  ...........         >=58  ...........  Exempt.................
 benzene(s).
 
                                                                                          * * * * * * *
2,5-Dimethyl-2,5-di-(tert-             UN3105..................      >52-100  ...........  ...........  ...........  ...........  OP7....................
 butylperoxy)hexane.
 
                                                                                          * * * * * * *
[Add]
 
                                                                                          * * * * * * *
Di-(tert-butylperoxyisopropyl)         UN3106..................      >42-100  ...........  ...........         <=57  ...........  OP7....................  ...........  ...........         1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)         Exempt..................         <=42  ...........  ...........         >=58  ...........  Exempt.................
 benzene(s).
 
                                                                                          * * * * * * *
2,5-Dimethyl-2,5-di-(tert-             UN3103..................      >90-100  ...........  ...........  ...........  ...........  OP5....................
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3105..................       >52-90         >=10  ...........  ...........  ...........  OP7....................
 butylperoxy)hexane.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 52130]]

* * * * *
    (e) * * *

                                           Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                           Maximum
             UN No.                  Organic peroxide      Type of IBC    quantity       Control      Emergency
                                                                          (liters)     temperature   temperature
----------------------------------------------------------------------------------------------------------------
[Remove]
 
                                                  * * * * * * *
3109...........................  ORGANIC PEROXIDE, TYPE
                                  F, LIQUID.
 
                                                  * * * * * * *
                                 Peroxyacetic acid,              31H1          1500
                                  stabilized, not more
                                  than 17%.
                                                                31HA1          1500
                                                                  31A          1500
 
                                                  * * * * * * *
[Add]
 
                                                  * * * * * * *
3109...........................  ORGANIC PEROXIDE, TYPE
                                  F, LIQUID.
 
                                                  * * * * * * *
                                 Peroxyacetic acid,               31A          1500
                                  stabilized, not more
                                  than 17%.
                                                                 31H1          1500
                                                                 31H2          1500
                                                                31HA1          1500
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    47. In Sec.  173.230, paragraphs (g) and (h) are revised to read as 
follows:


Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (g) Limited quantities. Limited quantities of hazardous materials 
contained in fuel cell cartridges are excepted from the labeling 
requirements, unless the cartridges are offered for transportation or 
transported by aircraft, and the placarding and specification packaging 
requirements of this subchapter when packaged according to this 
section. Each package must conform to the packaging requirements of 
subpart B of this part and may not exceed 30 kg (66 pounds) gross 
weight. Except as authorized in paragraph (h) of this section, a 
package containing a limited quantity of fuel cell cartridges must be 
marked as specified in Sec.  172.315 of this subchapter and, for 
transportation by highway or rail, are not subject to the shipping 
paper requirements of subpart C of part 172 of this subchapter, unless 
the material meets the definition of a hazardous substance, hazardous 
waste, or marine pollutant, and are eligible for the exceptions 
provided in Sec.  173.156. Limited quantities of fuel cell cartridges 
containing Division 2.1 (flammable gas) or Division 4.3 (water-
reactive) material are not permitted for transportation by aircraft. 
For transportation by highway, rail and vessel, the following 
combination packagings are authorized:
    (1) For flammable liquids, in fuel cell cartridges containing not 
more than 1.0 L (0.3 gallon), packed in strong outer packaging.
    (2) For water-reactive substances (Division 4.3 Dangerous when wet 
material), in fuel cell cartridges containing not more than 0.5 L (16.9 
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids, 
packed in strong outer packaging.
    (3) For corrosive materials, in fuel cell cartridges containing not 
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2 
pounds) for solids packed in strong outer packaging.
    (4) For liquefied (compressed) flammable gas, in fuel cell 
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed 
in strong outer packaging.
    (5) For hydrogen in metal hydride, in fuel cell cartridges not over 
120 mL (4 fluid ounces) net capacity each, packed in strong outer 
packaging.
    (6) For transportation by aircraft, the following combination 
packagings are authorized:
    (i) For flammable liquids, in fuel cell cartridges containing not 
more than 0.5 L (16.9 fluid ounces), packed in strong outer packaging. 
Additionally, each package may contain no more than 2.5 kg (net mass) 
of fuel cell cartridges.
    (ii) For corrosive materials, in fuel cell cartridges containing 
not more than 200 mL (6.7 fluid ounces) for liquids or not more than 
200 g (0.4 pounds) for solids packed in strong outer packaging. 
Additionally, each package may contain no more than 2.5 kg (net mass) 
of fuel cell cartridges.
    (h) Consumer commodities. Except for transportation by aircraft and 
until December 31, 2013, a limited quantity which conforms to the 
provisions of paragraph (g) of this section and is also a ``consumer 
commodity'' as defined in Sec.  171.8 of this subchapter may be renamed 
``Consumer commodity'' and reclassed as ORM-D. Shipments of ORM-D 
materials are not subject to the shipping paper requirements of subpart 
C of part 172 of this subchapter, unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
and are eligible for the exceptions provided in Sec.  173.156.
    48. In Sec.  173.301b, paragraphs (c)(2)(iii) and (e) are revised 
to read as follows:


Sec.  173.301b  Additional general requirements for shipment of UN 
pressure receptacles.

* * * * *
    (c) * * *
    (2) * * *
    (iii) By protecting the valves by shrouds or guards conforming to 
the requirements in ISO 11117. For metal hydride storage systems, valve 
protection in accordance with the requirements in ISO 16111 (IBR; see 
Sec.  171.7 of this subchapter);
* * * * *

[[Page 52131]]

    (e) Pyrophoric gases. A UN pressure receptacle must have valve 
outlets equipped with gas-tight plugs or caps when used for pyrophoric 
or flammable mixtures of gases containing more than 1% pyrophoric 
compounds. When these pressure receptacles are manifolded in a bundle, 
each of the pressure receptacles must be equipped with an individual 
valve that must be closed while in transportation, and the outlet of 
the manifold valve must be equipped with a pressure retaining gas-tight 
plug or cap. Gas-tight plugs or caps must have threads that match those 
of the valve outlets.
* * * * *
    49. In Sec.  173.306, paragraphs (h)(2), (i) and (k) are revised to 
read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (h) * * *
    (2)(i) Except for transportation by aircraft, special exceptions 
for shipment of lighter refills in the ORM-D class are provided in 
paragraph (i) of this section.
    (ii) Exceptions. For highway transportation, when no more than 
1,500 lighter refills covered by this paragraph are transported in one 
motor vehicle, the requirements of subparts C through H of part 172, 
and Part 177 of this subchapter do not apply. Lighter refills covered 
under this paragraph must be packaged in rigid, strong outer packagings 
meeting the general packaging requirements of subpart B of this part. 
Outer packagings must be plainly and durably marked, on two opposing 
sides or ends, with the word ``LIGHTER REFILLS'' and the number of 
devices contained therein in letters measuring at least 20 mm (0.79 in) 
in height. No person may offer for transportation or transport the 
lighter refills or prepare the lighter refills for shipment unless that 
person has been specifically informed of the requirements of this 
section.
    (i)(1) A limited quantity of compressed gas (Class 2) which conform 
to the provisions of paragraph (a)(1), (a)(3), (a)(5), (b) or, except 
for transportation by aircraft, paragraph (h) of this section are 
excepted from labeling requirements, unless the material is offered for 
transportation or transported by aircraft, and the specification 
packaging requirements of this subchapter when packaged in combination 
packagings according to this paragraph. Unless otherwise specified in 
paragraph (i)(2) of this section, packages of limited quantities 
intended for transportation by aircraft must conform to the applicable 
requirements (e.g., authorized materials, inner packaging quantity 
limits and closure securement) of Sec.  173.27. A limited quantity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. Outside packagings 
conforming to this paragraph are not required to be marked ``INSIDE 
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.'' In addition, packages 
of limited quantities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight. The following combination packagings are 
authorized:
    (2) Until December 31, 2013, a limited quantity of compressed gas 
which conforms to the provisions of paragraphs (a)(1), (a)(3), (a)(5), 
(b) or (h) of this section and is also a ``consumer commodity'' as 
defined in 171.8 of this subchapter in effect on October 1, 2010, may 
be renamed ``Consumer commodity'' and reclassed and marked as ORM-D 
material in accordance with Sec.  172.316. Additionally, until December 
31, 2013, an ORM-D material that is prepared for air shipment and 
packaged in accordance with Sec.  173.27 in effect on October 1, 2010, 
may be renamed ``Consumer commodity'' and reclassed and marked as ORM-
D-AIR material in accordance with Sec.  172.316. A consumer commodity 
package which conforms to the provisions of this section is not subject 
to the shipping paper requirements of subpart C of part 172 of this 
subchapter, unless the material meets the definition of a hazardous 
substance, hazardous waste, marine pollutant, or is offered for 
transportation and transported by aircraft or vessel, and is eligible 
for the exceptions provided in Sec.  173.156. Outside packagings 
conforming to this paragraph are not required to be marked ``INSIDE 
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.'' In addition, packages 
of consumer commodities are not subject to subpart F (Placarding) of 
part 172 of this subchapter. Each package must conform to the packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
* * * * *
    (k) For additional exceptions, see Sec.  173.307.
    50. In Sec.  173.307, a new paragraph (a)(6) is added to read as 
follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (6) Light bulbs provided they are packaged so that the projectile 
effects of any rupture of the bulb will be contained within the 
package.
* * * * *
    51. New Sec.  173.311 is added to read as follows:


Sec.  173.311  Metal hydride storage systems.

    The following packing instruction is applicable to transportable UN 
Metal hydride storage systems (UN3468) with pressure receptacles not 
exceeding 150 liters (40 gallons) in water capacity and having a 
maximum developed pressure not exceeding 25 MPa. Metal hydride storage 
systems be designed, constructed, initially inspected and tested in 
accordance with ISO 16111:2008, Transportable gas storage devices--
Hydrogen absorbed in reversible metal hydride (IBR, see Sec.  171.7 of 
this subchapter) as authorized under Sec.  178.71(f) of this 
subchapter. Steel pressure receptacles or composite pressure 
receptacles with steel liners must be marked in accordance with Sec.  
173.301b(f) which specifies that a steel UN pressure receptacle bearing 
an ``H'' mark must be used for hydrogen bearing gases or other gases 
that may cause hydrogen embrittlement. Requalification intervals must 
be no more than every five years as specified in Sec.  180.207 in 
accordance with the requalification procedures prescribed in ISO 16111.
    52. In Sec.  173.320, a new paragraph (d) is added to read as 
follows:


Sec.  173.320  Cryogenic liquids; exceptions.

* * * * *
    (d) For transportation aboard a vessel, see the IMDG Code (IBR, see 
Sec.  171.7 of this subchapter), Packing Instruction P203 and the 
packaging specifications in part 6, chapter 6.2.
    53. In 173.322, paragraph (e) is added to read as follows:


Sec.  173.322  Ethyl chloride.

* * * * *
    (e) In capsules under the following conditions:
    (1) The mass of gas must not exceed 150 g per capsule;
    (2) The capsule must be free of faults liable to impair its 
strength;
    (3) The leakproofness integrity of the closure must be maintained 
by a secondary means (e.g., cap, crown, seal, binding, etc.) capable of 
preventing any leakage of the closure while in transportation; and

[[Page 52132]]

    (4) The capsules must be placed in a strong outer packaging 
suitable for its contents and may not exceed a gross mass of 75 kg.

PART 175--CARRIAGE BY AIRCRAFT

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.

    55. In Sec.  175.8, in paragraph (b)(3), the first sentence is 
revised to read as follows:


Sec.  175.8  Exceptions for operator equipment and items of 
replacement.

* * * * *
    (b) * * *
    (3) Alcoholic beverages, perfumes, colognes, and liquefied gas 
lighters carried aboard a passenger-carrying aircraft by the operator 
for use or sale on that specific aircraft. * * *
* * * * *
    56. Section 175.9 is revised to read as follows:


Sec.  175.9  Special aircraft operations.

    (a) This subchapter applies to rotorcraft external load operations 
transporting hazardous material on board, attached to, or suspended 
from an aircraft. Additionally, operators must have all applicable 
requirements prescribed in 14 CFR part 133 approved by the FAA 
Administrator prior to accepting or transporting hazardous material.
    (b) Exceptions. This subchapter does not apply to the following 
materials used for special aircraft operations when applicable FAA 
operator requirements have been met, including training operator 
personnel on the proper handling and stowage of the hazardous materials 
carried:
    (1) Hazardous materials loaded and carried in hoppers or tanks of 
aircraft certificated for use in aerial seeding, dusting spraying, 
fertilizing, crop improvement, or pest control, to be dispensed during 
such an operation.
    (2) Parachute activation devices, lighting equipment, oxygen 
cylinders, flotation devices, smoke grenades, flares, or similar 
devices carried during a parachute operation.
    (3) Smoke grenades, flares, and pyrotechnic devices affixed to 
aircraft during any flight conducted as part of a scheduled air show or 
exhibition of aeronautical skill. The aircraft may not carry any 
persons other than required flight crewmembers. The affixed 
installation accommodating the smoke grenades, flares, or pyrotechnic 
devices on the aircraft must be approved for its intended use by the 
FAA Flight Standards District Office having responsibility for that 
aircraft.
    (4) Hazardous materials are carried and used during dedicated air 
ambulance, fire fighting, or search and rescue operations.
    (5) A transport incubator unit necessary to protect life or an 
organ preservation unit necessary to protect human organs, carried in 
the aircraft cabin, provided:
    (i) The compressed gas used to operate the unit is in an authorized 
DOT specification cylinder and is marked, labeled, filled, and 
maintained as prescribed by this subchapter;
    (ii) Each battery used is of the nonspillable type;
    (iii) The unit is constructed so valves, fittings, and gauges are 
protected from damage;
    (iv) The pilot-in-command is advised when the unit is on board, and 
when it is intended for use;
    (v) The unit is accompanied by a person qualified to operate it;
    (vi) The unit is secured in the aircraft in a manner that does not 
restrict access to or use of any required emergency or regular exit or 
of the aisle in the passenger compartment; and,
    (vii) Smoking within 3 m (10 feet) of the unit is prohibited.
    (6) Hazardous materials which are loaded and carried on or in cargo 
only aircraft, and which are to be dispensed or expended during flight 
for weather control, environmental restoration or protection, forest 
preservation and protection, fire fighting and prevention, flood 
control, or avalanche control purposes, when the following requirements 
are met:
    (i) Operations may not be conducted over densely populated areas, 
in a congested airway, or near any airport where carrier passenger 
operations are conducted.
    (ii) Each operator must prepare and keep current a manual 
containing operational guidelines and handling procedures, for the use 
and guidance of flight, maintenance, and ground personnel concerned in 
the dispensing or expending of hazardous materials. The manual must be 
approved by the FAA Principal Operations Inspector assigned to the 
operator.
    (iii) No person other than a required flight crewmember, FAA 
inspector, or person necessary for handling or dispensing the hazardous 
material may be carried on the aircraft.
    (iv) The operator of the aircraft must have advance permission from 
the owner of any airport to be used for the dispensing or expending 
operation.
    (v) When dynamite and blasting caps are carried for avalanche 
control flights, the explosives must be handled by, and at all times be 
under the control of, a qualified blaster. When required by a State or 
local authority, the blaster must be licensed and the State or local 
authority must be identified in writing to the FAA Principal Operations 
Inspector assigned to the operator.
    57. In Sec.  175.10:
    a. Paragraphs (a)(17) and (18) are redesignated as paragraphs 
(a)(18) and (19) respectively.
    b. New paragraph (a)(17) is added.
    c. In newly designated paragraph (a)(19), in the introductory text, 
the words ``and checked'' are added between the word ``carry-on'' and 
the word ``baggage.''
    d. In newly designated paragraph (a)(19) introductory text, after 
the phrase ``fuel cell systems'', the word ``and'' is removed.
    e. Newly designated paragraph (a)(19)(iv) is revised.
    f. In newly designated paragraph (a)(19)(x), at the end of the 
sentence, the period is replaced with a semicolon.
    g. New paragraphs (a)(19)(xi) and (xii) are added.
    The revisions and additions read as follows:


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

    (a) * * *
    (17) A wheelchair or other battery-powered mobility aid equipped 
with a lithium-ion battery, when carried as checked baggage, provided--
    (i) The lithium-ion battery must be of a type that successfully 
passed each test in the UN Manual of Tests and Criteria as specified in 
Sec.  173.185, unless approved by the Associate Administrator;
    (ii) Visual inspection including removal of the battery, where 
necessary, reveals no obvious defects (removal of the battery from the 
housing should be performed by qualified airline personnel only);
    (iii) Battery terminals must be protected from short circuits 
(e.g., by being enclosed within a battery container) that is securely 
attached to the mobility aid;
    (iv) The pilot-in-command is advised, either orally or in writing, 
prior to departure, as to the location of the wheelchair or mobility 
aid aboard the aircraft; and
    (v) The wheelchair or mobility aid is loaded, stowed, secured and 
unloaded in an upright position and in a manner that prevents 
unintentional activation and protects it from damage.
    (vi) A lithium metal battery is forbidden aboard a passenger-
carrying aircraft.
* * * * *

[[Page 52133]]

    (19) * * *
    (iv) Fuel cells containing fuel are permitted in carry-on baggage 
only; * * *
    (xi) Spare fuel cell cartridges containing flammable liquids or 
corrosive materials may be transported in checked or carry-on baggage.
    (xii) Spare fuel cell cartridges containing liquefied flammable 
gas, hydrogen in a metal hydride or water reactive substances may only 
be transported in carry-on baggage.
* * * * *
    58. Section 175.25 is revised to read as follows:


Sec.  175.25  Notification at air passenger facilities of hazardous 
materials restrictions.

    (a) Each person who engages in for-hire air transportation of 
passengers must display notices of the requirements applicable to the 
carriage of hazardous materials aboard aircraft, and the penalties for 
failure to comply with those requirements in accordance with this 
section.
    (b) Ticket purchase. An aircraft operator must ensure that 
information on the types of hazardous materials specified in paragraph 
(d) of this section which a passenger is permitted and forbidden to 
transport aboard an aircraft is provided at the point of ticket 
purchase. During the purchase process, regardless if the process is 
completed remotely (e.g. via the Internet or phone) or when completed 
at the airport, with or without assistance from another person (e.g. 
automated check-in facility), the aircraft operator must ensure that 
information on the types of hazardous materials which a passenger is 
forbidden to transport aboard an aircraft is provided to passengers. 
Information may be in text or in pictorial form and, effective January 
1, 2013, must be such that the final ticket purchase cannot be 
completed until the passenger, or a person acting on the person's 
behalf, has indicated that they understand the restrictions on 
hazardous materials in baggage.
    (c) An aircraft operator must ensure that information on the types 
of hazardous materials which a passenger is forbidden to transport 
aboard an aircraft is provided during the flight check-in process.
    (1) Effective January 1, 2013, when the flight check-in process is 
conducted remotely (e.g. via the Internet or phone) or when completed 
at the airport, without assistance from another person (e.g. automated 
check-in kiosk), the aircraft operator must ensure that information on 
the types of hazardous materials which a passenger is forbidden to 
transport aboard an aircraft is provided to passengers. Information may 
be in text or in pictorial form and should be such that the check in 
process cannot be completed until the passenger, or a person acting on 
the person's behalf, has indicated that they understand the 
restrictions on hazardous materials in baggage.
    (2) When the check-in process is not conducted remotely (e.g. at 
the airport with the assistance of an airline representative), 
passenger notification of permitted and forbidden hazardous materials 
may be completed through signage (electronic or otherwise) provided it 
is legible and prominently displayed so it can be seen by passengers in 
locations where the aircraft operator issues tickets, checks baggage, 
and maintains aircraft boarding areas.
    (d) An operator of passenger-carrying aircraft should have 
information on those hazardous materials which may be carried by 
passengers in accordance with Sec.  175.10 available prior to the 
check-in process (e.g., on their Web site) or conveyed through other 
sources of information.
    59. In Sec.  175.30, paragraph (e)(3) is revised to read as 
follows:


Sec.  175.30  Inspecting shipments.

* * * * *
    (e) * * *
    (3) Has determined that the word ``OVERPACK'' appears on the 
outside of the overpack when specification packagings are prescribed or 
the overpack contains packages of limited quantities conforming to 
Sec.  173.27.
    60. Section 175.75 is revised to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except 
as permitted by this subchapter.
    (b) Except as otherwise provided in this subchapter, no person may 
carry a hazardous material in the cabin of a passenger-carrying 
aircraft or on the flight deck of any aircraft, and the hazardous 
material must be located in a place that is inaccessible to persons 
other than crew-members. Hazardous materials may be carried in a main 
deck cargo compartment of a passenger aircraft provided that the 
compartment is inaccessible to passengers and that it meets all 
certification requirements for a Class B aircraft cargo compartment in 
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c). A package bearing a KEEP AWAY FROM HEAT handling marking 
must be protected from direct sunshine and stored in a cool and 
ventilated place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for 
carriage aboard passenger-carrying aircraft, no more than 25 kg (55 
pounds) net weight of hazardous material may be loaded in an 
inaccessible manner. In addition, an additional 75 kg (165 pounds) net 
weight of Division 2.2 (non-flammable compressed gas) may be loaded in 
an inaccessible manner. The requirements of this paragraph do not apply 
to ORM-D-AIR materials or Class 9 materials, except that lithium 
batteries, including lithium batteries packed with or contained in 
equipment may be loaded in an inaccessible manner only if they are 
packaged in a container approved by the FAA Administrator for such use 
or carried in a Class C cargo compartment.
    (d) For the purposes of this section--
    (1) Accessible means on passenger-carrying or cargo-only aircraft 
each package is loaded where a crew member or other authorized person 
can access, handle and when size and weight permit, separate such 
packages from other cargo during flight including a freight container 
in an accessible cargo compartment when packages are loaded in an 
accessible manner. Additionally, a package is considered accessible 
when transported on a cargo-only aircraft if:
    (i) In a cargo compartment certified by FAA as a Class C aircraft 
cargo compartment as defined in 14 CFR 25.857(c); or
    (ii) In an FAA-certified freight container that has an approved 
fire or smoke detection system and fire suppression system equivalent 
to that required by the certification requirements for a Class C 
aircraft cargo compartment.
    (2) Inaccessible means all other configurations including a freight 
container in an accessible compartment when packages are loaded 
inaccessibly.
    (e) For transport aboard cargo-only aircraft, the requirements of 
paragraphs (c) and (d) of this section do not apply to the following 
hazardous materials:
    (1) Class 3--Packing Group III (that do not meet the definition of 
another hazard class except CORROSIVE), Division 6.1 ((primary) except 
those also labeled FLAMMABLE LIQUID), Division 6.2, Class 7, Class 9 
except that lithium batteries, including lithium batteries packed with 
or contained in equipment may be loaded in an inaccessible manner only 
if they are packaged in a container approved by the FAA Administrator 
for such use or carried in a Class C cargo compartment, or ORM-D-AIR 
materials marked in

[[Page 52134]]

accordance with Sec.  172.316 of this subchapter.
    (2) Packages of hazardous materials transported aboard a cargo 
aircraft, when other means of transportation are impracticable or not 
available, in accordance with procedures approved in writing by the FAA 
Regional or Field Security Office in the region where the operator is 
located.
    (3) Packages of hazardous materials carried on small, single pilot, 
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an 
FAA inspector, the shipper or consignee of the material, a 
representative of the shipper or consignee so designated in writing, or 
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the 
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on 
board, the new pilot is briefed under a hand-to-hand signature service 
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the 
following quantity and loading table must be followed to maintain 
acceptable quantity and loading between packages containing hazardous 
materials. The quantity and loading table is as follows:

                                           Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
                                                                Quantity limitation: 25 kg
                                                                  net weight of hazardous
                                                                  material plus 75 kg net
           Applicability                     Forbidden            weight of Division 2.2          No limit
                                                                 (non-flammable compressed
                                                                           gas)
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft.......  Cargo Aircraft Only         Inaccessible..............  Accessible.
                                     labeled packages.
Cargo-only aircraft--Packages       Not applicable............  Inaccessible (See Note)...  Accessible.
 authorized aboard a passenger-
 carrying aircraft.
Cargo-only aircraft--Packages not   Inaccessible (See Note)...  Not applicable............  Accessible.
 authorized aboard a passenger-
 carrying aircraft and displaying
 a Cargo Aircraft Only label.
----------------------------------------------------------------------------------------------------------------
Note: The following materials are not subject to this loading restriction--
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except
  CORROSIVE).
b. Primary Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9 (except lithium batteries) or ORM-D-AIR materials marked in accordance with Sec.   172.316.

    61. In Sec.  175.78, paragraph (c)(4)(iii) is revised to read as 
follows:


Sec.  175.78  Stowage compatibility of cargo.

* * * * *
    (c) * * *
    (4) * * *
    (iii) Except for Division 1.4B explosives and as otherwise provided 
in this note, explosives of different compatibility groups may be 
stowed together whether or not they belong to the same division. 
Division 1.4B explosives must not be stowed together with any other 
explosive permitted aboard aircraft except Division 1.4S unless 
segregated as prescribed in paragraph (iv) of this note.
* * * * *

PART 176--CARRIAGE BY VESSEL

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


    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
    63. In Sec.  176.2, in the definition for ``Cargo transport unit,'' 
the first sentence is revised to read as follows:


Sec.  176.2  Definitions.

* * * * *
    Cargo transport unit means a transport vehicle, a freight 
container, a portable tank or a MEGC. * * *
* * * * *
    64. In Sec.  176.76, paragraph (a)(9) is added to read as follows:


Sec.  176.76  Transport vehicles, freight containers, and portable 
tanks containing hazardous materials.

    (a) * * *
    (9) When security devices, beacons or other tracking or monitoring 
equipment are used, they must be securely installed and must be of a 
certified safe type for the hazardous materials that will be carried 
within the freight container or transport vehicle.
* * * * *
    65. In Sec.  176.84, in paragraph (b) Table of provisions, Code 
Number ``143'' and its corresponding provision are removed.
    66. Section 176.142 is removed and reserved.
    67. In Section 176.905, paragraphs (a)(5) and (a)(6) are removed 
and reserved.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    69. Section 178.71 is revised to read as follows:


Sec.  178.71  Specifications for UN pressure receptacles.

    (a) General. Each UN pressure receptacle must meet the requirements 
of this section. Requirements for approval, qualification, maintenance, 
and testing are contained in Sec.  178.70 and subpart C of part 180 of 
this subchapter.
    (b) Definitions. The following definitions apply for the purposes 
of design and construction of UN pressure receptacles under this 
subpart:
    Alternative arrangement means an approval granted by the Associate 
Administrator for a MEGC that has been designed, constructed or tested 
to the technical requirements or testing methods other than those 
specified for UN pressure receptacles in part 178 or part 180 of this 
subchapter.
    Bundle of cylinders. See Sec.  171.8 of this subchapter.
    Design type means a pressure receptacle design as specified by a 
particular pressure receptacle standard.
    Design type approval means an overall approval of the 
manufacturer's quality system and design type of each pressure 
receptacle to be produced within the manufacturer's facility.

[[Page 52135]]

    UN tube. See Sec.  171.8 of this subchapter.
    (c) General design and construction. UN pressure receptacles and 
their closures must be designed, manufactured, tested and equipped in 
accordance with the requirements contained in this section.
    (1) Following the final heat treatment, all cylinders, except those 
selected for batch testing, must be subjected to a hydraulic volumetric 
expansion test.
    (2) The standard requirements applicable to UN pressure receptacles 
may be varied only if approved in writing by the Associate 
Administrator.
    (3) The test pressure of UN cylinders, tubes, and bundles of 
cylinders must conform to the requirements in part 178 of this 
subchapter.
    (d) Service equipment. (1) Except for pressure relief devices, UN 
pressure receptacle equipment, including valves, piping, fittings, and 
other equipment subjected to pressure must be designed and constructed 
to withstand at least 1.5 times the test pressure of the pressure 
receptacle.
    (2) Service equipment must be configured or designed to prevent 
damage that could result in the release of the pressure receptacle 
contents during normal conditions of handling and transport. Manifold 
piping leading to shut-off valves must be sufficiently flexible to 
protect the valves and the piping from shearing or releasing the 
pressure receptacle contents. The filling and discharge valves and any 
protective caps must be secured against unintended opening. The valves 
must conform to ISO 10297 (IBR, see Sec.  171.7 of this subchapter) and 
be protected as specified in Sec.  173.301b(f) of this subchapter.
    (3) UN pressure receptacles that cannot be handled manually or 
rolled, must be equipped with devices (e.g. skids, rings, straps) 
ensuring that they can be safely handled by mechanical means and so 
arranged as not to impair the strength of, nor cause undue stresses, in 
the pressure receptacle.
    (4) Pressure receptacles filled by volume must be equipped with a 
level indicator.
    (e) Bundles of cylinders. UN pressure receptacles assembled in 
bundles must be structurally supported and held together as a unit and 
secured in a manner that prevents movement in relation to the 
structural assembly and movement that would result in the concentration 
of harmful local stresses. The frame design must ensure stability under 
normal operating conditions.
    (1) The frame must securely retain all the components of the bundle 
and must protect them from damage during conditions normally incident 
to transportation. The method of cylinder restraint must prevent any 
vertical or horizontal movement or rotation of the cylinder that could 
cause undue strain on the manifold. The total assembly must be able to 
withstand rough handling, including being dropped or overturned.
    (2) The frame must include features designed for the handling and 
transportation of the bundle. The lifting rings must be designed to 
withstand a design load of 2 times the maximum gross weight. Bundles 
with more than one lifting ring must be designed such that a minimum 
sling angle of 45 degrees to the horizontal can be achieved during 
lifting using the lifting rings. If four lifting rings are used, their 
design must be strong enough to allow the bundle to be lifted by two 
rings. Where two or four lifting rings are used, diametrically opposite 
lifting rings must be aligned with each other to allow for correct 
lifting using shackle pins. If the bundle is filled with forklift 
pockets, it must contain two forklift pockets on each side from which 
it is to be lifted. The forklift pockets must be positioned 
symmetrically consistent with the bundle center of gravity.
    (3) The frame structural members must be designed for a vertical 
load of 2 times the maximum gross weight of the bundle. Design stress 
levels may not exceed 0.9 times the yield strength of the material.
    (4) The frame must not contain any protrusions from the exterior 
frame structure that could cause a hazardous condition.
    (5) The frame design must prevent collection of water or other 
debris that would increase the tare weight of bundles filled by weight.
    (6) The floor of the bundle frame must not buckle during normal 
operating conditions and must allow for the drainage of water and 
debris from around the base of the cylinders.
    (7) If the frame design includes movable doors or covers, they must 
be capable of being secured with latches or other means that will not 
become dislodged by operational impact loads. Valves that need to be 
operated in normal service or in an emergency must be accessible.
    (8) For bundles of cylinders, pressure receptacle marking 
requirements only apply to the individual cylinders of a bundle and not 
to any assembly structure.
    (f) Design and construction requirements for UN refillable welded 
cylinders. In addition to the general requirements of this section, UN 
refillable welded cylinders must conform to the following ISO 
standards, as applicable:
    (1) ISO 4706: Gas cylinders--Refillable welded steel cylinders--
Test pressure 60 bar and below (IBR, see Sec.  171.7 of this 
subchapter).
    (2) ISO 20703: Gas cylinders--Refillable welded aluminum-alloy 
cylinders--Design, construction and testing (IBR, see Sec.  171.7 of 
this subchapter).
    (3) ISO 18172-1: Gas cylinders--Refillable welded stainless steel 
cylinders--Part 1: Test pressure 6 MPa and below (IBR, see Sec.  171.7 
of this subchapter).
    (g) Design and construction requirements for UN refillable seamless 
steel cylinders. In addition to the general requirements of this 
section, UN refillable seamless steel cylinders must conform to the 
following ISO standards, as applicable:
    (1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa. 
(IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1 100 MPa. (IBR, see Sec.  171.7 of this subchapter).
    (3) ISO 9809-3: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (h) Design and construction requirements for UN refillable seamless 
aluminum alloy cylinders. In addition to the general requirements of 
this section, UN refillable seamless aluminum cylinders must conform to 
ISO 7866: Gas cylinders--Refillable seamless aluminum alloy gas 
cylinders--Design, construction and testing. (IBR, see Sec.  171.7 of 
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is 
prohibited.
    (i) Design and construction requirements for UN non-refillable 
metal cylinders. In addition to the general requirements of this 
section, UN non-refillable metal cylinders must conform to ISO 11118: 
Gas cylinders--Non-refillable metallic gas cylinders--Specification and 
test methods. (IBR, see Sec.  171.7 of this subchapter.)
    (j) Design and construction requirements for UN refillable seamless 
steel tubes. In addition to the general requirements of this section, 
UN refillable seamless steel tubes must conform to ISO 11120: Gas 
cylinders--

[[Page 52136]]

Refillable seamless steel tubes of water capacity between 150 L and 
3000 L--Design, construction and testing. (IBR, see Sec.  171.7 of this 
subchapter).
    (k) Design and construction requirements for UN acetylene 
cylinders. In addition to the general requirements of this section, UN 
acetylene cylinders must conform to the following ISO standards, as 
applicable:
    (1) For the cylinder shell:
    (i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa.
    (ii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.
    (2) The porous mass in an acetylene cylinder must conform to ISO 
3807-2: Cylinders for acetylene--Basic requirements--Part 2: Cylinders 
with fusible plugs. (IBR, see Sec.  171.7 of this subchapter).
    (l) Design and construction requirements for UN composite 
cylinders. (1) In addition to the general requirements of this section, 
UN composite cylinders must be designed for unlimited service life and 
conform to the following ISO standards, as applicable:
    (i) ISO 11119-1: Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (ii) ISO 11119-2: Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced 
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.  
171.7 of this subchapter).
    (iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load sharing metallic or non-metallic 
liners. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite 
construction manufactured in accordance with the requirements for 
underwater use must bear the ``UW'' mark.
    (m) Design and construction requirements for UN metal hydride 
storage systems. In addition to the general requirements of this 
section, metal hydride storage systems must conform to the following 
ISO standards, as applicable:
    ISO 16111: Transportable gas storage devices--Hydrogen absorbed in 
reversible metal hydride (IBR, see Sec.  171.7 of this subchapter).
    (n) Material compatibility. In addition to the material 
requirements specified in the UN pressure receptacle design and 
construction ISO standards, and any restrictions specified in part 173 
for the gases to be transported, the requirements of the following 
standards must be applied with respect to material compatibility:
    (1) ISO 11114-1: Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 1: Metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11114-2: Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 2: Non-metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (o) Protection of closures. Closures and their protection must 
conform to the requirements in Sec.  173.301(f) of this subchapter.
    (p) Marking of UN refillable pressure receptacles. UN refillable 
pressure receptacles must be marked clearly and legibly. The required 
markings must be permanently affixed by stamping, engraving, or other 
equivalent method, on the shoulder, top end or neck of the pressure 
receptacle or on a permanently affixed component of the pressure 
receptacle, such as a welded collar. Except for the ``UN'' mark, the 
minimum size of the marks must be 5 mm for pressure receptacles with a 
diameter greater than or equal to 140 mm and 2.5 mm for pressure 
receptacles with a diameter less than 140 mm. The minimum size of the 
``UN'' mark must be 5 mm for pressure receptacles with a diameter less 
than 140 mm and 10 mm for pressure receptacles with a diameter of 
greater than or equal to 140 mm. The depth of the markings must not 
create harmful stress concentrations. A refillable pressure receptacle 
conforming to the UN standard must be marked as follows:
    (1) The UN packaging symbol.
    [GRAPHIC] [TIFF OMITTED] TP24AU10.003
    
    (2) The ISO standard, for example ISO 9809-1, used for design, 
construction and testing. Acetylene cylinders must be marked to 
indicate the porous mass and the steel shell, for example: ``ISO 3807-
2/ISO 9809-1.''
    (3) The mark of the country where the approval is granted. The 
letters ``USA'' must be marked on UN pressure receptacles approved by 
the United States. The manufacturer must obtain an approval number from 
the Associate Administrator. The manufacturer approval number must 
follow the country of approval mark, separated by a slash (for example, 
USA/MXXXX). Pressure receptacles approved by more than one national 
authority may contain the mark of each country of approval, separated 
by a comma.
    (4) The identity mark or stamp of the IIA.
    (5) The date of the initial inspection, the year (four digits) 
followed by the month (two digits) separated by a slash, for example 
``2006/04''.
    (6) The test pressure in bar, preceded by the letters ``PH'' and 
followed by the letters ``BAR''. The test pressure must be obtained 
from the results of a hydraulic volumetric expansion test.
    (7) The rated charging pressure of the metal hydride storage system 
in bar, preceded by the letters ``RCP'' and followed by the letters 
``BAR.''
    (8) The empty or tare weight. Except for acetylene cylinders, empty 
weight is the mass of the pressure receptacle in kilograms, including 
all integral parts (e.g., collar, neck ring, foot ring, etc.), followed 
by the letters ``KG''. The empty weight does not include the mass of 
the valve, valve cap or valve guard or any coating. The empty weight 
must be expressed to three significant figures rounded up to the last 
digit. For cylinders of less than 1 kg, the empty weight must be 
expressed to two significant figures rounded down to the last digit. 
For acetylene cylinders, the tare weight must be marked on the 
cylinders in kilograms (KG). The tare weight is the sum of the empty 
weight, mass of the valve, any coating and all permanently attached 
parts (e.g. fittings and accessories) that are not removed during 
filling. The tare weight must be expressed to two significant figures 
rounded down to the last digit. The tare weight does not include the 
cylinder cap or any outlet cap or plug not permanently attached to the 
cylinder.
    (9) The minimum wall thickness of the pressure receptacle in 
millimeters followed by the letters ``MM''. This mark is not required 
for pressure receptacles with a water capacity less than or equal to 
1.0 L or for composite cylinders.
    (10) For pressure receptacles intended for the transport of 
compressed gases and UN 1001 acetylene, dissolved, the working pressure 
in bar, preceded by the letters ``PW''.
    (11) For liquefied gases, the water capacity in liters expressed to 
three significant digits rounded down to the last digit, followed by 
the letter ``L''. If

[[Page 52137]]

the value of the minimum or nominal water capacity is an integer, the 
digits after the decimal point may be omitted.
    (12) Identification of the cylinder thread type (e.g., 25E).
    (13) The country of manufacture. The letters ``USA'' must be marked 
on cylinders manufactured in the United States.
    (14) The serial number assigned by the manufacturer.
    (15) For steel pressure receptacles, the letter ``H'' showing 
compatibility of the steel, as specified in ISO 11114-1.
    (16) Identification of aluminum alloy, if applicable.
    (17) Stamp for nondestructive testing, if applicable.
    (18) Stamp for underwater use of composite cylinders, if 
applicable.
    (19) For metal hydride storage systems having a limited life, the 
date of expiration indicated by the word ``FINAL,'' followed by the 
year (four digits), the month (two digits) and separated by a slash.
    (q) Marking sequence. The marking required by paragraph (p) of this 
section must be placed in three groups as shown in the example below:
    (1) The top grouping contains manufacturing marks and must appear 
consecutively in the sequence given in paragraphs (p)(12) through (19) 
of this section.
    (2) The middle grouping contains operational marks described in 
paragraphs (p)(6) through (11) of this section.
    (3) The bottom grouping contains certification marks and must 
appear consecutively in the sequence given in paragraphs (p)(1) through 
(5) of this section.
[GRAPHIC] [TIFF OMITTED] TP24AU10.004

    (r) Other markings. Other markings are allowed in areas other than 
the side wall, provided they are made in low stress areas and are not 
of a size and depth that will create harmful stress concentrations. 
Such marks must not conflict with required marks.
    (s) Marking of UN non-refillable pressure receptacles. Unless 
otherwise specified in this paragraph, each UN non-refillable pressure 
receptacle must be clearly and legibly marked as prescribed in 
paragraph (p) of this section. In addition, permanent stenciling is 
authorized. Except when stenciled, the marks must be on the shoulder, 
top end or neck of the pressure receptacle or on a permanently affixed 
component of the pressure receptacle, for example a welded collar.
    (1) The marking requirements and sequence listed in paragraphs 
(p)(1) through (19) of this section are required, except the markings 
in paragraphs (p)(8), (9), (12) and (18) are not applicable. The 
required serial number marking in paragraph (p)(14) may be replaced by 
the batch number.
    (2) Each receptacle must be marked with the words ``DO NOT REFILL'' 
in letters of at least 5 mm in height.
    (3) A non-refillable pressure receptacle, because of its size, may 
substitute the marking required by this paragraph with a label. 
Reduction in marking size is authorized only as prescribed in ISO 7225, 
Gas cylinders--Precautionary labels. (IBR, see Sec.  171.7 of this 
subchapter).
    (4) Each non-refillable pressure receptacle must also be legibly 
marked by stenciling the following statement: ``Federal law forbids 
transportation if refilled-penalty up to $500,000 fine and 5 years in 
imprisonment (49 U.S.C. 5124).''
    (5) No person may mark a non-refillable pressure receptacle as 
meeting the requirements of this section unless it was manufactured in 
conformance with this section.
    70. In Sec.  178.347-1, paragraph (d)(9) is revised to read as 
follows:


Sec.  178.347-1  General requirements.

* * * * *
    (d) * * *
    (9) UW-12 in Section VIII of the ASME Code does not apply to a weld 
seam in a bulkhead that has not been radiographically examined under 
the following conditions:
    (i) The strength of the weld seam is assumed to be 0.85 of the 
strength of the bulkhead.
    (ii) The welded seam must be a full penetration butt weld.
    (iii) No more than one seam may be used per bulkhead.

[[Page 52138]]

    (iv) The welded seam must be completed before forming the dish 
radius and knuckle radius.
    (v) Compliance test: Two test specimens of materials representative 
of those to be used in the manufacture of a cargo tank bulkhead must be 
tested to failure in tension. The test specimen must be of the same 
thickness and joined by the same welding procedure. The test specimens 
may represent all the tanks that are made in the same facility within 6 
months after the tests are completed. Before welding, the fit-up of the 
joints on the test specimens must represent production conditions that 
would result in the least joint strength. Evidence of joint fit-up and 
test results must be retained at the manufacturers' facility for at 
least 5 years.
    (vi) Acceptance criteria: The ratio of the actual tensile stress at 
failure to the actual tensile strength of the adjacent material of all 
samples of a test lot must be greater than 0.85.
    71. In Sec.  178.603, paragraph (f)(4) is revised to read as 
follows:


Sec.  178.603  Drop test.

* * * * *
    (f) * * *
    (4) The packaging or outer packaging of a composite or combination 
packaging must not exhibit any damage liable to affect safety during 
transport. Inner receptacles, inner packagings, or articles must remain 
completely within the outer packaging and there must be no leakage of 
the filling substance from the inner receptacles or inner packagings.
* * * * *
    72. In Sec.  178.703, paragraph (a)(1)(viii) is revised to read as 
follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (viii) The maximum permissible gross mass, in kg.
* * * * *
    73. In Sec.  178.955, published February 2, 2010 (75 FR 5400), and 
effective October 1, 2010, new paragraphs (c)(6) and (c)(7) are added 
to read as follows:


Sec.  178.955  General requirements.

* * * * *
    (c) * * *
    (6) Remanufactured Large Packaging is a metal or rigid Large 
Packaging that is produced as a UN type from a non-UN type or is 
converted from one UN design type to another UN design type. 
Remanufactured Large Packagings are subject to the same requirements of 
this subchapter that apply to new Large Packagings of the same type.
    (7) Reused Large Packaging is a Large Packaging intended to be 
refilled and has been examined and found free of defects affecting its 
ability to withstand the performance tests. See also Sec.  173.36(c) of 
this subchapter.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    75. In Sec.  180.207, in paragraph (c), in Table 1, between the 
right-hand column entries ``Composite pressure receptacles'' and 
``Pressure receptacles used for,'' a new entry ``Metal hydride storage 
systems'' is added in the right-hand column and the number''5'' is 
added for the entry in the left-hand column.
    76. In Sec.  180.350, in paragraph (b), the second sentence is 
revised to read as follows:


Sec.  180.350  Applicability and definitions.

* * * * *
    (b) * * * For the purposes of this subchapter, the replacement of 
the rigid inner receptacle of a composite IBC with one from the 
original manufacturer is considered repair. * * *
* * * * *

    Issued in Washington, DC, on August 6, 2010, under authority 
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-19952 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-60-P