Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Proposed Rules]
[Pages 87510-87529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28403]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172 and 175

[Docket No. PHMSA-2015-0100 (HM-259)]
RIN 2137-AF10

Hazardous Materials: Notification of the Pilot-in-Command and
Response to Air Related Petitions for Rulemaking (RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In consultation with the Federal Aviation Administration
(FAA), PHMSA proposes to amend the Hazardous Materials Regulations
(HMR) to align with current international standards for the air
transportation of hazardous materials. The proposals in this rule would
amend certain special provisions, packaging requirements, notification
of pilot-in-command (NOTOC) requirements, and exceptions for passengers
and crew members. In addition to harmonization with international
standards, several of the proposals in this rule are responsive to
petitions for rulemaking submitted by the regulated community. PHMSA
invites all interested persons to provide comments regarding these
proposed revisions.

DATES: Comments must be received by February 3, 2017.

ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online 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-2015-
0100 (HM-259) or RIN 2137-AF10 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 online at http://www.regulations.gov or in person at the Docket Operations Office at the
above address (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Office of Hazardous
Materials Standards, International Standards, (202) 366-4579, Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC
20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Overview of Proposals in This NPRM
A. Transportation by Air Intermediate Packaging Requirements for
Certain Low and Medium Danger Hazardous Materials (P-1637)
B. Quantity Limits for Portable Electronic Medical Devices
Carried by Passengers, Crewmembers, and Air Operators (P-1649)
C. NOTOC Harmonization With the ICAO TI (P-1487)
D. Amendments to Package Inspection (P-1671) and Securing
Requirements
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act V. List of
Subjects and Regulations Text

I. Background

In consultation with the Federal Aviation Administration (FAA),
PHMSA (also ``we'' or ``us'') proposes to amend the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) to more closely align with
certain provisions of the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods (ICAO
TI). This NPRM also responds to four petitions for rulemaking submitted
by the regulated community. The intended effect of these amendments is
to update miscellaneous regulatory requirements for hazardous materials
offered for transportation, or transported, in commerce by aircraft.
The petitions are included in the docket for this proceeding and are
discussed at length in Section II (``Overview of Proposals in this
NPRM'') of this rulemaking.

[[Page 87511]]

II. Overview of Proposals in This NPRM

A. Transportation by Air Intermediate Packaging Requirements for
Certain Low and Medium Danger Hazardous Materials (P-1637)

The Dangerous Goods Advisory Council petitioned PHMSA to remove the
additional intermediate packaging requirements found in special
provisions A3 and A6, see 49 CFR 172.102(b)(2), by deleting these
special provisions and all references to them in the Hazardous
Materials Table (HMT) in Sec. 172.101. See P-1637.\1\ Special
provisions A3 and A6 apply to certain commodities as assigned in column
(7) of the HMT when transported by aircraft:
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\1\ https://www.regulations.gov/docket?D=PHMSA-2014-0094.
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Special provision A3 states that if glass inner packagings
are used for transportation of referenced commodities, they must be
packed with absorbent material in tightly closed metal receptacles
before being packed in outer packagings.
Special provision A6 states that if plastic inner
packagings are used for transportation of referenced commodities, they
must be packed in tightly closed metal receptacles before being packed
in outer packagings.
The petitioner notes that the packaging requirements imposed by
special provisions A3 and A6 are domestic provisions not found in the
ICAO TI and that maintaining these differences creates both a trade
barrier to U.S. exports and a burden to the domestic market. The
petitioner contends that the requirement for ``metal receptacles'' is
overly restrictive and provides a competitive advantage to shippers in
countries that allow these products to be shipped without additional
intermediate packagings.

The petitioner further notes that the following requirements in Sec.
173.27(d) and (e) of the HMR make special provisions A3 and A6
unnecessary: (1) When transported by air, inner packagings of Packing
Group (PG) I materials currently assigned A3, A6, or both are already
required to be packed in either a rigid and leakproof receptacle or an
intermediate packaging containing sufficient absorbent material to
absorb the entire contents of the inner packaging before packing the
inner packaging in its outer package; and (2) PG II and III commodities
are already subject to secondary closure requirements. Therefore, the
petitioner asks that the intermediate packaging requirements in special
provisions A3 and A6 be removed.
Section 173.27(d) establishes the type of closure required for
transportation of liquid hazardous materials by air. It states that the
inner packaging for PG I liquid hazardous materials must have a
secondary means of closure applied. The inner packaging for PG II or PG
III liquid hazardous materials must have a secondary closure applied
unless the secondary closure is impracticable. If the secondary closure
is impracticable, the closure requirements for PG II and PG III liquids
may be satisfied by securely closing the inner packaging and placing it
in a leakproof liner or bag before placing the inner packaging in the
outer packaging.
Section 173.27(e) sets the absorbency requirements for PG I liquid
hazardous materials of Classes 3, 4, or 8, or Divisions 5.1 or 6.1,
when the materials are packaged in glass, earthenware, plastic, or
metal inner packagings and offered or transport by air. It requires
that inner packagings be packed in a rigid and leakproof receptacle or
intermediate packaging that that is sufficiently absorbent to absorb
the entire contents of the inner packaging before the inner package is
packed in the outer package.
After reviewing the petition, PHMSA agrees that current
requirements in Sec. 173.27(d) and (e) make special provisions A3 and
A6 redundant for liquid PG I materials. We also agree that the
requirements in Sec. 173.27(d) for inner packagings to have a
secondary means of closure or a leakproof liner or bag adequately
address the hazards that special provision A6 was designed to mitigate
for PG II and III materials. However, we maintain that the material of
construction of the inner packaging referenced in special provision A3
(glass) necessitates an intermediate package to perform a containment
function in the event an inner packaging breaks.
Therefore, we propose to: (1) Amend special provision A3 in Sec.
172.102 to authorize rigid and leakproof receptacles for intermediate
packaging; (2) remove references to special provision A3 from assigned
PG I entries in the HMT; and (3) remove references to special provision
A6 from assigned liquids in the HMT.
Four solid materials (UN Nos. 1326, 1390, 1889 and 3417) are
currently assigned special provisions A6 in the HMT. Unlike the liquids
currently assigned special provision A6, these solid materials are not
subject to the intermediate or secondary packaging provisions in Sec.
173.27. PHMSA solicits public comment on maintaining special provision
A6 for currently assigned solid materials or whether revisions to the
packaging provisions for these materials should be considered in a
future rulemaking

B. Quantity Limits for Portable Electronic Medical Devices Carried by
Passengers, Crewmembers, and Air Operators (P-1649)

Phillips Healthcare petitioned PHMSA to revise Sec.
175.10(a)(18)(i) to increase the quantity limits applicable to the
transportation of portable medical electronic devices (e.g., automated
external defibrillators (AED); nebulizers; continuous positive airway
pressure (CPAP) devices containing lithium metal batteries; and spare
batteries) carried on aircraft by passengers and crewmembers. See P-
1649.\2\ The current HMR requirements limit all lithium metal batteries
carried on an aircraft by passengers or crew for personal use to a
lithium content of not more than 2 grams per battery. The ICAO TI allow
portable medical electronic devices containing lithium metal batteries
and spare batteries for these devices to contain up to 8 grams of
lithium content per battery to be carried by passengers with the
approval of the operator. The petitioner states:
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\2\ https://www.regulations.gov/docket?D=PHMSA-2015-0107.

A global increase in air travel, as well as a growing aged
population in many countries, makes it reasonable to assume that
there will be a significant increase in older passengers and
passengers with illness. An automated external defibrillator can
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make the difference between life and death during cardiac arrest.

The petitioner further asserts that the current HMR requirements
prohibit many people who need to travel with their portable medical
electronic devices from doing so because the lithium content exceeds
the amount allowed.
In addition, the petitioner notes that increasing the quantity
limits for portable medical electronic devices containing lithium metal
batteries and spare batteries would be consistent with section 828 of
the ``FAA Modernization and Reform Act of 2012'' (Pub. L. 112-98, 126
Stat. 133; Feb. 14, 2012),\3\ which prohibits the Secretary of
Transportation from issuing or enforcing any regulation or other
requirement regarding the air transportation of lithium cells or
batteries if the requirement is more stringent than the requirements of
the ICAO TI.
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\3\ See http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt381/pdf/CRPT-112hrpt381.pdf.
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PHMSA agrees that harmonizing the HMR with the ICAO TI on the issue

[[Page 87512]]

portable medical electronic devices with lithium batteries is
consistent with the intent of section 828 of the FAA Modernization and
Reform Act. Therefore, we propose to amend Sec. 175.10 to align HMR
provisions with those in the ICAO TI.
The petitioner further asks that portable medical electronic
devices with increased lithium contents be authorized for transport by
passengers or crew members without the approval of the operator. PHMSA
points the petitioner to the ICAO TI part 8, table 8-1 provisions with
which we are proposing to harmonize and notes that, under the ICAO TI,
approval of the operator is required for lithium metal battery powered
portable medical electronic devices and their spare batteries exceeding
2 grams of lithium content but not exceeding 8 grams of lithium
content. PHMSA is not compelled by the reasoning in the petition to be
less restrictive than what international standards currently prescribe.
Moreover, we believe that operator approval can be an important safety
provision, especially in the context of large lithium metal batteries
otherwise forbidden for transportation in carry-on or checked baggage.
Accordingly, PHMSA does not propose to eliminate the operator approval
provision.
In this NPRM, we propose to amend Sec. 175.10(a)(18)(i) to
authorize passengers and crewmembers to carry on board an aircraft
lithium metal battery-powered portable medical electronic devices and
two spare batteries for those devices exceeding 2 grams of lithium
content per battery, but not exceeding 8 grams of lithium content per
battery, with the approval of the operator.
Consistent with the ICAO TI and the current HMR prohibitions, spare
lithium batteries (i.e., batteries that are not packed with or
contained in equipment) of any type and for any application continue to
be prohibited from checked baggage. FAA's Safety Alert to Operators
(SAFO) 15010 Carriage of Spare Lithium Batteries in Carry-on and
Checked Baggage provides additional guidance to operators on this
issue.

C. NOTOC Harmonization With the ICAO TI (P-1487)

The United Parcel Service petitioned PHMSA to revise the
notification of the captain/pilot-in-command (NOTOC) requirements to
match the ICAO TI. The pilot-in-command must receive the NOTOC in order
to appropriately consider the presence, amount and location of
hazardous materials onboard the aircraft in an emergency. See P-
1487.\4\ This information, which also includes the hazard
classification, proper shipping name, and packing group of the hazmat
onboard the aircraft can help to inform the flight crew's decision-
making. If an in-flight emergency did occur, the flight crew or the air
carrier's ground personnel would need to convey information to air
traffic control and/or emergency responders in order to support a safe
and effective response.
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\4\ https://www.regulations.gov/docket?D=PHMSA-2006-26159.
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In its petition, the United Parcel Services asks PHMSA to amend the
domestic NOTOC requirements in Sec. 175.33 to reduce what it considers
extraneous information and more closely align the HMR with existing
international practices. The petitioner stated that harmonization with
more elements of the ICAO TI's NOTOC requirements will reduce the
regulatory burden for operators, as well as the costs associated with
training employees and contract personnel to two sets of standards.
PHMSA proposes adding each of the following requirements to the
HMR: (a) The operator must provide to the flight dispatcher the same
information as provided on the NOTOC; (b) the information must be
provided to pilots and dispatchers prior to an aircraft moving under
its own power; (c) the air operator must retain the pilot-in-command's
confirmation via signature or other appropriate indication that the
required information was received; and (d) the person responsible for
loading must provide a signed confirmation or other form of indication
that no damaged or leaking packages or packages showing evidence of
damage or leakage were loaded on the aircraft. These changes and other
general changes discussed below will result in PHMSA harmonizing more
closely with the ICAO TI in regards to the information required to be
provided in the NOTOC.
Requirement that the operator provide the same information
to the flight dispatcher that is required to be provided to the pilot-
in-command. In an emergency, a dispatcher may be more readily able to
communicate with air traffic control and emergency responders about the
nature and location of hazardous materials onboard an aircraft than the
flight crew. Harmonizing with the ICAO TI and requiring dispatchers to
have the same information as pilots regarding the nature, amounts, and
locations of hazardous materials improves information sharing in an
emergency situation. The current ICAO requirement to provide
information to the dispatcher was proposed by the U.S. Panel Member on
the ICAO Dangerous Goods Panel after consultation with stakeholders.\5\
Incorporating this provision into the HMR is also relevant to NTSB
Safety Recommendation A-11-042, which recommends that the FAA ``develop
a method to quickly communicate information regarding the number of
persons on board and the presence of hazardous materials to emergency
responders when airport emergency response or search and rescue is
activated.'' \6\
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\5\ See ICAO Dangerous Goods Panel Working Paper DGP/23-WP/35
(October 2011). In addition to regularly occurring public meetings
before ICAO meetings, the FAA and PHMSA held a public meeting
specific to NOTOCs in March 2011. For background information, visit:
https://www.federalregister.gov/articles/2011/03/01/2011-4237/notification-of-pilot-in-command-notice-of-public-meeting.
\6\ See http://www.ntsb.gov/safety/safety-recs/recletters/A-11-039-047.pdf.
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For operations subject to the HMR where no dispatcher is required,
other personnel with responsibilities for operational control of the
aircraft (e.g., the flight operations officer or designated ground
personnel responsible for flight operations) would serve as the
additional contact. Consistent with the ICAO TI, operators are
responsible for addressing in their relevant manuals the job title and
specific functions of the person who will receive this information.
Providing an additional and potentially quicker means for airport
rescue and firefighting (ARFF) personnel to receive the NOTOC
underscores that the ARFF community is as much an intended consumer of
the NOTOC as flight crews. We note that ARFF training in hazardous
materials incidents is required under 14 CFR 139, which specifies the
FAA's requirements for certificated airports.
Requirement that the NOTOC be provided to pilots and
dispatchers prior to an aircraft moving under its own power. The
current HMR require pilots-in-command to receive written information
meeting the requirements in Sec. 175.33 as early as practicable before
departure of the aircraft. Consistent with the ICAO TI, PHMSA believes
that this information should be provided to both the pilot-in-command
and dispatchers prior to the aircraft moving under its own power. The
flight crew should not be burdened with additional information or
processes during taxiing and final preparations for takeoff. This
proposed change would also allow the flight crew additional time to
address any safety concerns identified after a

[[Page 87513]]

review of the NOTOC before taxiing. For example, flight crews will be
more likely to have the opportunity to physically inspect (e.g.,
packages, paperwork, etc.), ask questions, or otherwise act on the
information in the NOTOC if they so choose.
Requirement that the air operator obtains and retains a
confirmation (e.g., a signed confirmation from the pilot-in-command or
notation via an operator's computer system) that the NOTOC was received
by the pilot in command. The current HMR require the information to be
provided to the pilot-in-command by the operator and for the operator
to maintain a record of the NOTOC for 90 days, but there is no
requirement for the pilot to indicate receipt of the NOTOC. To be
consistent with the ICAO TI, PHMSA is proposing to require the operator
to obtain and retain documentation of the pilot-in-command's receipt of
the NOTOC.
Requirement for a signed confirmation or some other
indication from the person responsible for loading the aircraft that no
evidence of damaged or leaking packages were loaded on the aircraft.
The current HMR require a confirmation that no damaged or leaking
packages were loaded on board an aircraft, but there is no requirement
for a signature or other means of verification from the person
responsible for loading the aircraft. Requiring a signed confirmation
or other indication from the person responsible for loading results in
a more accountable safety system that helps to ensure that there is no
evidence of damage to or leakage from the packages or evidence of
leakage from the unit load device loaded on an aircraft. Operators are
responsible for addressing in their relevant manuals the job title and
specific functions of the ``responsible loader,'' as well as how
information should be communicated from other loaders to the
responsible loader for each flight prior to this confirmation/
indication being provided on the NOTOC.
General harmonization with the ICAO TI in regards to
information required to be provided in the NOTOC associated with (and
linked to) requirements for shipping papers. The current HMR require
the additional description requirements of Sec. Sec. 172.202 and
172.203 to be provided in the NOTOC. These additional information
requirements necessitate the inclusion of items such as descriptions of
the physical or chemical form of radioactive materials, an indication
that the materials being transported are packaged under limited
quantity exceptions, an indication that marine pollutants are present,
etc. By more closely aligning with the ICAO TI, PHMSA believes that the
removal of additional description requirements from the NOTOC will
result in decreased complexity and training costs for operators without
negatively impacting safety. However, we invite comment from the ARFF
community pertaining to the effect this proposed rule would have had on
past incident or accident responses.
The current HMR contain a requirement that a notification prepared
in accordance with the ICAO TI must also include any additional
elements required to be shown on shipping papers by subpart C of part
171 of this subchapter. The additional elements currently required are:
An indication of the ``EX Number'' for Division 1.4G safety devices; an
indication of ``RQ'' and technical names if applicable for hazardous
substances; an indication that the hazardous material is a ``Waste''
for hazardous wastes; and the inclusion of the words ``Poison-
Inhalation Hazard'' or ``Toxic-Inhalation Hazard'' and the words ``Zone
A,'' ``Zone B,'' ``Zone C,'' or ``Zone D'' for gases, or ``Zone A'' or
``Zone B'' for liquids, as appropriate for Division 2.3 materials
meeting the definition of a material poisonous by inhalation. PHMSA
proposes to remove the requirement for a NOTOC made in accordance with
the ICAO TI to include these additional elements. This information
would still be required on shipping papers.
General harmonization between the HMR NOTOC requirements and those
found in the ICAO TI will ensure consistency for operators subject to
both regulatory systems, thus reducing inconsistencies and the cost of
complying with two different sets of standards. However, minor
differences between the two regulations will remain even if PHMSA
adopts the provisions of this NPRM into a final rule. One noteworthy
difference is that the HMR requires that the date of the flight be
included on the NOTOC. We believe that maintaining the flight date
provides a benefit by adding another safety control to ensure pilots
have the correct form and will result in a negligible compliance burden
by those required to prepare and maintain a NOTOC under the HMR.

D. Amendments to Package Inspection (P-1671) and Securing Requirements

Labelmaster Services petitioned PHMSA to amend Sec. 175.30(c)(1)
by removing language prohibiting any package, outside container, or
overpack containing hazardous materials from being transported on an
aircraft if it has holes. See P-1671.\7\ The petitioner notes that
airlines and freight forwarders have declined to transport packages
with minor abrasions, tears, dents, cuts, small holes, or other minor
damage from normal conditions of transportation and handling. Even
where these examples of minor damage or holes did not compromise the
packaging's integrity, airlines and freight forwarders declined to
transport them on the basis of Sec. 175.30(c)(1). The petitioner asks
that PHMSA add a new paragraph Sec. 173.24(b)(5) to provide transport
guidance on packages with minor damage, as the HMR do not presently
address this issue.
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\7\ https://www.regulations.gov/docket?D=PHMSA-2015-0281.
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PHMSA agrees that the wording of the current requirement may be
construed to prohibit carriage of such items whenever any hole is found
in the package, outside container, or overpack. PHMSA believes the
current restriction prohibiting acceptance of any of these containment
methods with holes to be overly prescriptive, especially as the
paramount safety requirement is that there must not be any indication
that the integrity of the containment method has been compromised. In
this NPRM, consistent with the ICAO TI, PHMSA proposes to amend Sec.
175.30(c)(1) to remove language prohibiting packages, outside
containers, or overpacks containing hazardous materials from being
transported on an aircraft simply due to the presence of holes when the
holes do not compromise the integrity of the containment device. Under
the proposed amendment to Sec. 175.30(c)(1), aircraft operators would
be authorized to accept packages with small holes that do not
compromise the integrity of the containment method during
transportation aboard an aircraft. However, we note that operators may
continue to have more restrictive standards as a part of their business
practice. Moreover, operators are ultimately responsible for their
decision to accept such a package for transportation, as the acceptance
of the package is tantamount to the operator's determination that the
hole will not compromise the integrity of the package.
The petitioner's request to add a new paragraph in Sec. 173.24 is
outside the scope of this rulemaking and may be considered in a future
rule.
Additionally, we propose to amend Sec. 175.88(c) to require
hazardous materials loaded in an aircraft be protected from damage,
including by the

[[Page 87514]]

movement of baggage, mail, stores,\8\ or other cargo and during loading
operations, so that accidental damage is not caused through dragging or
mishandling.
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\8\ References to stores in this rule are consistent the ICAO
TI's definition under ICAO TI Part 1; 3.1.1.
Stores (supplies). a) Stores (supplies) for consumption; and b)
Stores (supplies) to be taken away.
Stores (supplies) for consumption. Goods, whether or not sold,
intended for consumption by the passengers and the crew on board
aircraft, and goods necessary for the operation and maintenance of
aircraft, including fuel and lubricants.
Stores (supplies) to be taken away. Goods for sale to the
passengers and the crew of aircraft with a view to being landed.
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III. Section-by-Section Review

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

Part 172

Section 172.101
Section 172.101 contains the Hazardous Materials Table (HMT) and
provides instructions for its use. Section 172.101(h) describes column
(7) of the HMT, which specifies codes for special provisions applicable
to hazardous materials. PHMSA proposes revisions to the column (7)
special provisions. Please review all changes for a complete
understanding of the amendments and see ``Section 172.102 special
provisions'' for a detailed discussion of the proposed deletions to the
special provisions addressed in this NPRM.
PHMSA specifically proposes to remove: (1) Special provision A3
from all assigned PG I HMT entries in column (7); and (2) special
provision A6 from all assigned liquid HMT entries in column (7). Table
1 illustrates the HMT entries for which changes are proposed:

Table 1
------------------------------------------------------------------------
SP deletion
Proper shipping name UN ID No. proposed
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Acetaldehyde...................... UN1089 A3.
Acetic acid, glacial or Acetic UN2789 A6.
acid solution, with more than 80
percent acid, by mass.
Acetic acid solution, not less UN2790 A6.
than 50 percent but not more than
80 percent acid, by mass.
Acetic anhydride.................. UN1715 A6.
Acetyl chloride................... UN1717 A6.
Alkali metal alloys, liquid, n.o.s UN1421 A3.
Alkali metal amalgam, liquid...... UN1389 A3.
Alkali metal dispersions, UN3482 A3.
flammable or Alkaline earth metal
dispersions, flammable.
Alkali metal dispersions, or UN1391 A3.
Alkaline earth metal dispersions.
Alkylphenols, liquid, n.o.s. UN3145 A6.
(including C2-C12 homologues) (PG
I).
Allyl iodide...................... UN1723 A6.
Amines, liquid, corrosive, UN2734 A3, A6.
flammable, n.o.s. or Polyamines,
liquid, corrosive, flammable,
n.o.s. (PG I).
Amines, liquid, corrosive, n.o.s, UN2735 A3, A6.
or Polyamines, liquid, corrosive,
n.o.s. (PG I).
Amyl mercaptan.................... UN1111 A6.
Antimony pentafluoride............ UN1732 A6.
Benzyl chloroformate.............. UN1739 A3, A6.
Boron trifluoride diethyl etherate UN2604 A3.
Butyl mercaptan................... UN2347 A6.
Chlorite solution................. UN1908 A6.
2-Chloropropene................... UN2456 A3.
Chromium oxychloride.............. UN1758 A3, A6.
Chromosulfuric acid............... UN2240 A3, A6.
Corrosive liquid, acidic, UN3264 A6.
inorganic, n.o.s. (PG I).
Corrosive liquid, acidic, organic, UN3265 A6.
n.o.s. (PG I).
Corrosive liquid, basic, UN3266 A6.
inorganic, n.o.s. (PG I).
Corrosive liquid, basic, organic, UN3267 A6.
n.o.s. (PG I).
Corrosive liquid, self-heating, UN3301 A6.
n.o.s. (PG I).
Corrosive liquids, flammable, UN2920 A6.
n.o.s. (PG I).
Corrosive liquids, n.o.s. (PG I).. UN1760 A6.
Corrosive liquids, oxidizing, UN3093 A6.
n.o.s..
Corrosive liquids, toxic, n.o.s. UN2922 A6.
(PG I).
Corrosive liquids, water-reactive, UN3094 A6.
n.o.s..
Dichloroacetic acid............... UN1764 A6.
Dichloroacetyl chloride........... UN1765 A6.
Difluorophosphoric acid, anhydrous UN1768 A6.
Disinfectant, liquid, corrosive, UN1903 A6.
n.o.s..
Dyes, liquid, corrosive, n.o.s. or UN2801 A6.
Dye intermediates, liquid,
corrosive, n.o.s (PG I).
Ethyl mercaptan................... UN2363 A6.
Ethyldichlorosilane............... UN1183 A3.
Fluoroboric acid.................. UN1775 A6.
Fluorophosphoric acid anhydrous... UN1776 A6.
Fluorosilicic acid................ UN1778 A6.
Fluorosulfonic acid............... UN1777 A3, A6.
Hexafluorophosphoric acid......... UN1782 A6.
Hydrazine, anhydrous.............. UN2029 A3, A6.
Hydriodic acid (PG II)............ UN1787 A6.
Hydrobromic acid, with not more UN1788 A6.
than 49 percent hydrobromic acid
(PG II).
Hydrochloric acid (PG II)......... UN1789 A6.
Hydrofluoric acid and Sulfuric UN1786 A6.
acid mixtures.
Hydrofluoric acid, with more than UN1790 A6.
60 percent strength.
Hydrofluoric acid, with not more UN1790 A6.
than 60 percent strength.
Hydrogen peroxide and peroxyacetic UN3149 A6.
acid mixtures, stabilized with
acids, water, and not more than 5
percent peroxyacetic acid.
Hydrogen peroxide, aqueous UN2014 A6.
solutions with not less than 20
percent but not more than 40
percent hydrogen peroxide
(stabilized as necessary).
Lithium aluminum hydride, ethereal UN1411 A3.

[[Page 87515]]

Mercaptans, liquid, flammable, UN1228 A6.
toxic, n.o.s. or Mercaptan
mixtures, liquid, flammable,
toxic, n.o.s (PG III).
Mercaptans, liquid, toxic, UN3071 A6.
flammable, n.o.s. or Mercaptan
mixtures, liquid, toxic,
flammable, n.o.s., flash point
not less than 23 degrees C.
Methyldichlorosilane.............. UN1242 A3.
Morpholine........................ UN2054 A6.
Nitric acid other than red fuming, UN2031 A6.
with at least 65 percent, but not
more than 70 percent nitric acid.
Nitric acid other than red fuming, UN2031 A6.
with more than 20 percent and
less than 65 percent nitric acid.
Nitric acid other than red fuming, UN2031 A6.
with not more than 20 percent
nitric acid.
Nitric acid other than red fuming, UN2031 A3.
with more than 70 percent nitric
acid.
Nitrohydrochloric acid............ UN1798 A3.
Nitrosylsulfuric acid, liquid..... UN2308 A6.
Organotin compounds, liquid, UN2788 A3.
n.o.s. (PG I).
Oxidizing liquid, corrosive, n.o.s UN3098 A6.
(PG I).
Oxidizing liquid, n.o.s (PG I).... UN3139 A6.
Oxidizing liquid, toxic, n.o.s (PG UN3099 A6.
I).
Perchloric acid with more than 50 UN1873 A3.
percent but not more than 72
percent acid, by mass.
Phosphorus tribromide............. UN1808 A6.
Propanethiols..................... UN2402 A6.
Propylene oxide................... UN1280 A3.
1,2-Propylenediamine.............. UN2258 A6.
Propyleneimine, stabilized........ UN1921 A3.
Selenium oxychloride.............. UN2879 A3, A6.
Silicon tetrachloride............. UN1818 A6.
Sulfur chlorides.................. UN1828 A3.
Sulfuric acid, fuming with less UN1831 A3.
than 30 percent free sulfur
trioxide.
Trichloroacetic acid, solution.... UN2564 A6.
Trifluoroacetic acid.............. UN2699 A3, A6.
Valeryl chloride.................. UN2502 A6.
Vanadium oxytrichloride........... UN2443 A6.
Vanadium tetrachloride............ UN2444 A3, A6.
Vinyl ethyl ether, stabilized..... UN1302 A3.
Xylyl bromide, liquid............. UN1701 A6.
------------------------------------------------------------------------

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
proposes, to replace the existing requirement for tightly closed metal
receptacles in special provision A3 from Sec. 172.102(b)(2), which
applies only to transportation by aircraft, with a requirement for
rigid and leakproof receptacles or intermediate packaging packed with
absorbent material.

Part 175

Section 175.10
Section 175.10 provides exceptions for passengers, crewmembers, and
air operators. PHMSA proposes to revise Sec. 175.10(a)(18)(i) to
authorize passengers and crewmembers to carry on board aircraft
portable medical electronic devices containing lithium metal batteries
with a lithium content exceeding 2 grams per battery, but not exceeding
8 grams of lithium content per battery, and no more than two
individually protected lithium metal spare batteries for these portable
medical electronic devices each exceeding 2 grams of lithium content,
but not exceeding 8 grams of lithium content, with the approval of the
operator. Consistent with the ICAO TI and the current HMR prohibitions,
spare lithium batteries (i.e. batteries that are not packed with or
contained in equipment) of any type and for any application continue to
be prohibited from checked baggage. FAA's Safety Alert to Operators
(SAFO) 15010 Carriage of Spare Lithium Batteries in Carry-on and
Checked Baggage provides additional guidance to operators on this
issue.
Section 175.30
Section 175.30 prescribes requirements for the inspection and
acceptance of hazardous materials. PHMSA proposes revising Sec.
175.30(c)(1) to no longer prohibit packages, outside containers,
overpacks, or ULDs containing hazardous materials from being
transported on an aircraft if there are one or more holes present when
the hole(s) or other indications do not indicate compromised integrity
to the package, overpack, freight container, or ULD. This change will
harmonize the HMR with language in ICAO TI part 7; 1.3.1(i), which
states ``the package, overpack, freight container or unit load device
is not leaking and there is no indication that its integrity has been
compromised.''
Section 175.33
Section 175.33 establishes requirements for shipping papers and for
the notification of the pilot-in-command (NOTOC) when hazardous
materials are transported by aircraft. PHMSA proposes to harmonize the
HMR NOTOC requirements with those found in the ICAO TI. Specifically,
we propose to more closely align the information that is required to be
provided in the NOTOC; ensure the NOTOC is provided to dispatchers or
when dispatchers are not utilized, other ground support personnel
designated in the operator's manual assigned to the flight; harmonize
with ICAO requirements addressing when the NOTOC must be provided to
the pilots and dispatchers; require confirmation via signature or other
appropriate indication by the pilot-in-command (PIC) to indicate that
the required information was received; and require confirmation via
signature or other appropriate indication by the person responsible for
loading the aircraft that no damaged or leaking packages or packages
showing evidence of damage or leakage have been loaded on the aircraft.

[[Page 87516]]

Finally, and consistent with the ICAO TI, we propose to amend Sec.
175.33 by removing the requirement to include additional informational
requirements in Sec. 175.33(a)(1)(i) and (ii). This information will
continue to be required on shipping papers.
Section 175.88
Section 175.88 prescribes requirements for inspection, orientation,
and securing packages of hazardous materials aboard aircraft. PHMSA
proposes revisions to Sec. 175.88(c) to require hazardous materials
loaded in an aircraft to be protected from damage, including by the
movement of baggage, mail, stores, or other cargo, consistent with
general loading requirements found in the ICAO TI. This proposed change
would require that packages be protected from damage during loading
operations through dragging or mishandling of packages containing
hazardous materials and further harmonize specific portions of the
general loading/securement requirements pertaining to appropriate
securing and loading practices of the HMR with those found in the ICAO
TI.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This proposed rule is published under the statutory authority of
the Federal hazardous materials transportation law (Federal hazmat
law). 49 U.S.C. 5101 et seq. Section 5103(b) of the Federal hazmat law
authorizes the Secretary of Transportation to prescribe regulations for
the safe transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. Section 5120(b) of the
Federal hazmat law 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. The Secretary has
delegated these authorizations to the Administrator for PHMSA. See 49
CFR 1.97.
This rule proposes to amend regulations to increase alignment with
international standards by incorporating various amendments, including
changes to special provisions, packaging requirements, air transport
notification of pilot-in-command (NOTOC) requirements, and allowances
for hazardous materials to be carried on board an aircraft by
passengers and crewmembers. To this end, this rule proposes to more
fully align the HMR with the ICAO TI. The large volume of hazardous
materials transported in international commerce warrants the
harmonization of domestic and international requirements to the
greatest extent possible.
Harmonization serves to facilitate international commerce, while
also promoting the safety of people, property, and the environment by
reducing the potential for confusion and misunderstanding that could
result if shippers and operators were required to comply with two or
more conflicting sets of regulatory requirements. PHMSA's goal is to
harmonize without sacrificing the current HMR level of safety or
imposing undue burdens on the regulated community. Additionally, we
consulted the Federal Aviation Administration in the development of
this rule.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993), and, therefore, was
not reviewed by the Office of Management and Budget. This proposed rule
is not considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation. 44 FR 11034 (Feb. 26,
1979).
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' 76 FR 3821 (Jan. 21, 2011), supplements and reaffirms
Executive Order 12866, stressing that, to the extent permitted by law,
an agency rulemaking action must be based on benefits that justify its
costs, impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives.
Benefits of Harmonization
Pursuant to Executive Order 13563, PHMSA analyzed the expected
benefits of these proposed provisions. Typically the benefits of rules
are derived from (1) enhanced health and safety factors and (2) reduced
expenditures, such as private-sector savings, government administrative
savings, gains in work time, harmonization impacts, and costs of
compliance. In the case of this NPRM, most of the benefits from the
rule will be derived from health and safety factors, and reduced
compliance costs.
The quantifying health and safety benefits specifically
attributable to modifications of the NOTOC requirements are not easily
calculable with any degree of accuracy. The pilot signature and
stronger confirmation requirements from the person responsible for
loading the aircraft will result in more effective and efficient
response in the event of an aviation incident. The proposed requirement
that packages be protected from damage during loading operations will
result in increased safety and environmental protection. Benefits would
also be realized through a more efficient response time as a result of
emergency response personnel having quicker access to hazardous
materials information for each flight.
The primary reduced expenditures benefits expected from this NPRM
result from reduced packaging costs in relation to the removal of
special provision A3 from all assigned PG I HMT entries and special
provision A6 from all assigned liquid HMT entries, as well as cost
savings from general harmonization of NOTOC requirements.
Currently, compliance with special provisions A3 and A6 requires
domestic shippers to use extra \9\ or more expensive \10\ materials.
Shippers also incur higher freight charges for shipping packages with
higher package weights.\11\ PHMSA estimates that the partial removal of
A3 and complete removal of A6 for liquids, as well as that of the
associated intermediate packaging requirements, from the HMR will
provide an undiscounted annual benefit of $1,814,643 in reduced
packaging costs to shippers.
---------------------------------------------------------------------------

\9\ A metal container enclosing either a plastic or glass
container.
\10\ A metal or glass container rather than a plastic container.
\11\ Having a metal container enclosing a plastic/glass
container will add weight. Likewise using a metal or glass container
rather than a plastic container will add weight.
---------------------------------------------------------------------------

To arrive at this benefit, PHMSA (1) analyzed commodity flow survey
data for commodities assigned A3, A6, or both in the HMR, (2)
determined an estimate of total tons of freight for affected
commodities offered for transportation by aircraft annually, (3) used
this general commodity flow survey data to estimate the number of
impacted packages, and (4) determined a cost basis for packages
prepared under existing requirements versus proposed requirements.
The reduced expenditure cost savings associated with general
harmonization are not easily calculable with any degree of accuracy.
Inconsistent hazardous materials regulations result in additional
compliance costs for industry and increase compliance training efforts,
whereas consistency of regulations reduces regulatory compliance costs
and helps to avoid rejected or frustrated shipments.

[[Page 87517]]

PHMSA expects the increased harmonization of the HMR and ICAO TI NOTOC
provisions to generate cost savings by streamlining the processes for
NOTOC generation.
Costs of Harmonization
The primary costs associated with this NPRM are time costs related
to proposed requirements for (1) confirmation via signature or other
appropriate indication by the person responsible for loading the
aircraft that no damaged or leaking packages were loaded on the
aircraft, and (2) confirmation via signature or other appropriate
indication by the pilot-in-command to indicate that the required
information was received. PHMSA estimates the annual costs associated
with harmonizing the HMR NOTOC requirements with those found in the
ICAO TI to be $705,590. PHMSA notes that many air operators already
comply with the ICAO TI NOTOC requirements; therefore, the estimated
cost of harmonizing likely is overestimated in this analysis. The HMR
currently requires confirmation that no damaged or leaking packages
have been loaded on the aircraft. In satisfying this current
requirement, it is assumed that many operators are already using the
proposed specific confirmation requirement (signature or other
indication) from the person responsible loading the aircraft and are
already be accounted for in time costs. Under current practice, the
NOTOC is transmitted to the pilot-in-command. We assume the additional
provision of identical NOTOC information to the dispatcher (or other
personnel) will incur negligible costs, if any, especially as we
understand this to be a common industry practice. PHMSA invites
comments on this assumption and on any unanticipated costs associated
with this proposed requirement.
PHMSA expects the adoption of the proposal to eliminate the
intermediate packaging requirements provided in special provision A6
for liquids (and A3 for PG I materials) to yield a modest increase in
safety costs due to increased transport volumes that may result from
the reduced packaging costs. Based on an estimated 10 percent increase
in transport volumes of commodities currently assigned special
provisions A3 and A6, PHMSA estimates the annual increased safety cost
attributable to the removal of these special provisions as proposed in
this NPRM is $2,051.
Net Benefit
Based on the previous discussions of benefits and costs, PHMSA
estimates the net benefit associated with this NPRM (2137-AF10) to be
$1,107,002.

C. Executive Order 13132

This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132, ``Federalism,'' 64 FR
43255 (Aug. 10, 1999). This proposed rule may preempt 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 (2), (3), and
(5) above and preempts State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This proposed rule is
necessary to harmonize with international standards. If the proposed
changes are not adopted into the HMR, U.S. companies--including
numerous small entities competing in foreign markets--would be at an
economic disadvantage because of their need 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
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,'' 65 FR 67249 (Nov. 9,
2000). 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 Policies
and Procedures

This proposed rule was developed in accordance with Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (Aug. 16, 2002), and DOT's Policies and Procedures to
promote compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., and ensure that potential impacts of draft rules on small
entities are properly considered. The Regulatory Flexibility Act
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 increasing consistency with
international standards. It applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
manufacturers, users and suppliers, packaging manufacturers,
distributors, aircraft operators, and training companies. As previously
discussed in Section IV, Subsection B (``Executive Order 12866,
Executive Order 13563, and DOT Regulatory Policies and Procedures''),
PHMSA expects that the majority of amendments in this proposed rule
will 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 NPRM will relieve U.S.
companies, including small entities competing in foreign markets, from
the

[[Page 87518]]

burden of complying with a dual system of regulations. However, PHMSA
requests comment on the economic impacts of the proposed rule on a
small entities.

F. Paperwork Reduction Act

PHMSA currently has approved information collection under Office of
Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information.'' We
anticipate that this proposed rule will result in an increase in the
annual burden of this information collection because of an increase in
the amount of time needed to complete the NOTOC due to additional
requirements for (1) confirmation via signature or other appropriate
indication by the person responsible for loading the aircraft that no
damaged or leaking packages were loaded on the aircraft, and (2)
confirmation via signature or other appropriate indication by the
pilot-in-command that the required information was received.
This rulemaking identifies a revised information collection that
PHMSA will submit to OMB for approval based on the requirements in this
NPRM. PHMSA has developed burden estimates to reflect changes in this
NPRM and estimates that the information collection and recordkeeping
burden in this rule are as follows:
OMB Control Number: 2137-0034.
Annual Increase in Number of Respondents: 150.
Annual Increase in Annual Number of Responses: 1,976,475.
Annual Increase in Annual Burden Hours: 5,474.
Annual Increase in Annual Burden Costs: $483,083.
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) of 5 CFR
requires that PHMSA provide interested members of the public and
affected agencies an opportunity to comment on information and
recordkeeping requests. PHMSA specifically invites comments on the
information collection and recordkeeping burdens associated with
developing, implementing, and maintaining these proposed requirements.
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 as identified in the DATES section of this rulemaking.
In addition, you may submit comments specifically related to the
information collection burden to PHMSA Desk Officer, Office of
Management and Budget, at fax number 202-395-6974. Requests for a copy
of this information collection should be directed to Steven Andrews or
T. Glenn Foster, Standards and Rulemaking Division (PHH-10), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. 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 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 of 1969, 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
that implement NEPA, 40 CFR parts 1500-1508, require 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 both the proposed action and the
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
In this NPRM, PHMSA proposes to amend the HMR in to increase
harmonization with international standards and to address four
petitions for rulemaking submitted by shippers, carriers,
manufacturers, and industry representatives. These proposed revisions
are intended to harmonize with international standards, while also
maintaining or enhancing safety. Specifically, PHMSA, consistent with
P-1487, proposes to harmonize the HMR with the 2015-2016 ICAO TI
requirements for the NOTOC, the ICAO TI requirement for the air
operator to provide a copy of the NOTOC to the flight dispatcher, and
the ICAO TI requirement for the air operator to obtain and retain a
confirmation that the NOTOC was received and agreed to by the pilot.
This NPRM addresses three additional petitions for rulemaking (P-1637,
P-1649, and P-1671), proposing to: (1) More closely harmonize with the
ICAO TI in regard to intermediate packaging requirements for certain
low and medium danger hazardous materials; (2) add an exception to
allow passengers to bring on board an aircraft portable medical
electronic devices containing lithium batteries that exceed the lithium
battery limits in Sec. 175.10(a)(18)(i), as well as spare batteries
for these devices with the approval of the operator; and (3) remove
language prohibiting any package, outside container, or overpack
containing hazardous materials from being transported on an aircraft if
it has holes when there is no indication that the integrity of the
containment method has been compromised. All of these proposals more
closely harmonize U.S. regulations with international standards.
This action is necessary to: (1) Fulfill our statutory directive to
promote transportation safety; (2) fulfill our statutory directive
under the Administrative Procedure Act (APA) that requires Federal
agencies to give interested persons the right to petition an agency to
issue, amend, or repeal a rule, 5 U.S.C. 553(e); (3) align the HMR with
international transport standards and requirements to the extent
practicable in accordance with Federal hazmat law, see 49 U.S.C. 5120;
and (4) simplify and clarify the regulations in order to promote
understanding and compliance. Specifically, this rulemaking achieves
these goals by responding to petitions (P-1487, P-1637, P-1649, and P-
1671).
With this action, we intend to more closely align the HMR with
international transport standards and requirements, without diminishing
the level of safety currently provided by the HMR or imposing undue
burdens on the regulated public.

[[Page 87519]]

2. Alternatives
In proposing this rulemaking, PHMSA is considering the following
alternatives:
No Action Alternative:
If PHMSA were to choose this alternative, we would not proceed with
any rulemaking on this subject and the current regulatory standards
would remain in effect.
Preferred Alternative:
This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by air. The proposed
amendments included in this alternative are more fully addressed in the
preamble and regulatory text sections of this NPRM. However, they
generally include the following:
(1) More closely harmonize the HMR and ICAO TI notification
requirements. In this NPRM, PHMSA proposes to more closely align NOTOC
requirements between the HMR and the ICAO TI. This includes information
required in the notification, when the NOTOC must be provided to pilots
and dispatchers, and requirements for verifying that the information
was received by the pilot-in-command.
(2) More closely harmonize with ICAO TI in regard to intermediate
packaging requirements for certain low and medium danger hazardous
materials. In this NPRM, PHMSA proposes to remove all references to
special provision A6 assigned to liquids in the Hazardous Materials
Table. Additionally, this NPRM proposes to amend special provision A3
to authorize additional intermediate packagings.
(3) Add an exception to allow passengers, with the approval of the
operator, to bring on board an aircraft a portable medical electronic
device that exceeds the lithium battery limits in Sec.
175.10(a)(18)(i). In this NPRM, PHMSA proposes to amend Sec.
175.10(a)(18)(i) to increase the quantity limits applicable to the
transportation of portable medical electronic devices containing
lithium metal batteries and spare batteries for these devices carried
on an aircraft. The current HMR limit all lithium metal batteries to a
lithium content of not more than 2 grams per battery regardless of end
use, whereas the ICAO TI allow portable medical electronic devices
containing lithium metal batteries to contain up to 8 grams of lithium
(as well as spare batteries for these devices) to be carried on board
an aircraft.
(4) Amend the Package Inspection and Securing Requirements. In this
NPRM, PHMSA proposes to amend Sec. 175.30(c)(1) to remove language
prohibiting any package, outside container, or overpack containing
hazardous materials from being transported on an aircraft if it has
holes. Additionally, PHMSA proposes revisions to Sec. 175.88(c) to
require hazardous materials loaded in an aircraft to be protected from
damage, including by the movement of baggage, mail, stores, or other
cargo, consistent with general loading requirements found in the ICAO
TI.
3. Probable Environmental Impacts of the Alternatives
No Action Alternative:
If PHMSA were to choose the No Action Alternative, we would not
proceed with any rulemaking on this subject and the current regulatory
standards would remain in effect. However, efficiencies gained through
harmonization in updates to transport standards would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on air transport hazard communication
(hazcom) issues of potentially much greater environmental impact.
Additionally, the Preferred Alternative encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and less environmental and safety incidents. Not adopting
the proposed environmental and safety requirements in the NPRM under
the No Action Alternative would result in a lost opportunity for
reducing environmental and safety-related incidents.
Greenhouse gas emissions would remain the same under the No Action
Alternative.
Preferred Alternative:
If PHMSA selects the provisions as proposed in this NPRM, we
believe that safety and environmental risks would be reduced and that
protections to human health and environmental resources would be
increased. Consistency between U.S. and international notification
requirements can enhance the safety and environmental protection of
hazardous materials transportation, reduce compliance costs, increase
the flow of hazardous materials from their points of origin to their
points of destination (or diversion airport when required), and improve
the emergency response in the event of a hazardous materials incident
or accident.
Overall, harmonization will result in more targeted and effective
training and thereby enhanced environmental protection. These proposed
amendments will reduce inconsistent hazardous materials regulations,
which can increase the time and cost of compliance training. For ease
of compliance with appropriate regulations, air carriers engaged in the
transportation of hazardous materials generally elect to accept and
transport hazardous materials in accordance with the ICAO TI, as
appropriate. Increasing consistency between these international
regulations and the HMR allows shippers and carriers to more
efficiently train hazmat employees in their responsible functions.
PHMSA believes that these proposed amendments, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment:
(1) More closely harmonize the HMR and ICAO TI notification
requirements. Harmonizing the HMR and ICAO TI notification requirements
will (1) allow air carriers to streamline compliance and training
programs, (2) result in emergency response personnel having quicker
access to hazmat information for each flight, (3) remove the
requirement to supply data elements required under shipping paper
provisions, and (4) provide dispatchers access to hazmat information
and relieve the flight crew of the responsibility of communicating this
information to Air Traffic Control (ATC) and Aircraft Rescue and
Firefighting (ARFF) personnel.
Greenhouse gas emissions would remain the same under this proposed
amendment.
(2) More closely harmonize with the ICAO TI in regard to
intermediate packaging requirements for certain low and medium danger
hazardous materials. Deleting the assignment of special provisions A3
(partial) and A6 (for liquids) more closely harmonizes the HMR with the
packing instructions of the ICAO TI and removes a requirement that,
according to the petitioner, is a barrier to trade for U.S. exports,
while still maintaining an appropriate level of safety. Existing
requirements in Sec. 173.27(d) and (e) for inner packagings to have a
secondary means of closure and to be placed in either a rigid and
leakproof receptacle or an intermediate packaging with absorbent
material make special provisions A3 and A6 redundant for PG I
commodities. Additionally, the requirements in Sec. 173.27(d) for
inner packagings to have a secondary means of closure or a leakproof
liner or bag adequately address the hazards that special provision A6
was designed to mitigate for PG II and III liquid materials.
Greenhouse gas emissions would remain the same under this proposed
amendment.

[[Page 87520]]

(3) Add an exception to allow passengers, with the approval of the
operator, to bring on board an aircraft a portable medical electronic
device that exceeds the lithium battery limits in Sec.
175.10(a)(18)(i). Harmonizing with the ICAO TI in this area would
assist the traveling public who rely on their portable medical
electronic devices. This revision will be consistent with the FAA
Modernization and Reform Act. PHMSA has found no data on increased
incidents in countries allowing the ICAO TI lithium battery limits for
portable electronic medical devices.
Greenhouse gas emissions would remain the same under this proposed
amendment.
(4) Amend the Package Inspection and Securing Requirements.
Harmonizing with the ICAO TI in this area will address the overly
prescriptive requirements for package inspection and securing, which
currently result in acceptance rejections from airlines and freight
forwarders. Further, harmonization will result in more targeted and
effective training and thereby enhanced environmental protection. These
proposed amendments will reduce inconsistent hazardous materials
regulations, which hamper compliance training efforts.
Greenhouse gas emissions would remain the same under this proposed
amendment.
4. Agencies Consulted
PHMSA has coordinated with the U.S. Federal Aviation Administration
in the development of this proposed rule. PHMSA will consider the views
expressed in comments to the NPRM submitted by members of the public,
State and local governments, and industry.
5. Conclusion
The provisions of this proposed rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by aircraft, thereby
reducing the risks of an accidental or intentional release of hazardous
materials and consequent environmental damage. PHMSA believes the net
environmental impact will be positive and that there are no significant
environmental impacts associated with this proposed rule.
PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and their environmental
impacts.

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, 65 FR 19477 (April 11, 2000) or you may visit
http://www.dot.gov/privacy.html.

K. Executive Order 13609 and International Trade Analysis

Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary or may
impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as
amended by the Uruguay Round Agreements Act, Public Law 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 and the FAA participate in the establishment of international
standards to protect the safety of the American public, and we have
assessed the effects of the proposed rule to ensure that it does not
cause unnecessary obstacles to foreign trade. In fact, the proposed
rule is designed to facilitate international trade by eliminating
differences between the domestic and international air transportation
requirements. Accordingly, this rulemaking is consistent with Executive
Order 13609 and PHMSA's obligations under the Trade Agreement Act, as
amended.

L. National Technology Transfer and Advancement Act

The National Technology Transfer and Advancement Act of 1995, 15
U.S.C. 272 note, directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
proposed rule does not involve voluntary consensus standards.

List of Subjects

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 175

Air carriers, Hazardous materials transportation, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:

Regulations Text

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

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

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
2. In Sec. 172.101, the Hazardous Materials Table is amended by
revising the following entries in the appropriate alphabetical
sequence:

Sec. 172.101 Purpose and use of the hazardous materials table.

* * * * *

[[Page 87521]]

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
-----------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.***) Quantity limitations (see Vessel stowage
materials Special ------------------------------------ Sec. Sec. 173.27 and --------------------------
Symbols descriptions and Hazard class or Identification PG Label provisions 175.75)
proper shipping division No. codes (Sec. ---------------------------
names 172.102) Exceptions Non-bulk Bulk Passenger Location Other
aircraft/ Cargo air-
rail craft only
(1) (2)............ (3)............ (4)........... (5)...... (6)....... (7)............ (8A)....... (8B)..... (8C)...... (9A)....... (9B)........ (10A)..... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Acetaldehyde.... 3.............. UN1089........ I........ 3......... B16, T11, TP2, None....... 201...... 243....... Forbidden.. 30 L........ E.........
TP7.

* * * * * * *
Acetic acid, 8.............. UN2789........ II....... 8, 3...... A3, A7, A10, 154........ 202...... 243....... 1 L........ 30 L........ A.........
glacial or B2, IB2, T7,
Acetic acid TP2.
solution, with
more than 80
percent acid,
by mass.
Acetic acid 8.............. UN2790........ II....... 8......... 148, A3, A7, 154........ 202...... 242....... 1 L........ 30 L........ A.........
solution, not A10, B2, IB2,
less than 50 T7, TP2.
percent but not
more than 80
percent acid,
by mass.

* * * * * * *
Acetic anhydride 8.............. UN1715........ II....... 8, 3...... A3, A7, A10, 154........ 202...... 243....... 1 L........ 30 L........ A......... 40.
B2, IB2, T7,
TP2.

* * * * * * *
Acetyl chloride. 3.............. UN1717........ II....... 3, 8...... A3, A7, IB1, 150........ 202...... 243....... 1 L........ 5 L......... B......... 40.
N34, T8, TP2.

* * * * * * *
Alkali metal 4.3............ UN1421........ I........ 4.3....... A2, A7, B48, None....... 201...... 244....... Forbidden.. 1 L......... D......... 13, 52, 148.
alloys, liquid, N34.
n.o.s.
Alkali metal 4.3............ UN1389........ I........ 4.3....... A2, A7, N34.... None....... 201...... 244....... Forbidden.. 1 L......... D......... 13, 40, 52,
amalgam, liquid. 148.

* * * * * * *
Alkali metal 4.3............ UN3482........ I........ 4.3, 3.... A2, A7......... None....... 201...... 244....... Forbidden.. 1 L......... D......... 13, 52, 148.
dispersions,
flammable or
Alkaline earth
metal
dispersions,
flammable.
Alkali metal 4.3............ UN1391........ I........ 4.3....... A2, A7......... None....... 201...... 244....... Forbidden.. 1 L......... D......... 13, 52, 148.
dispersions, or
Alkaline earth
metal
dispersions.

* * * * * * *
Alkylphenols, 8.............. UN3145........ I........ 8......... T14, TP2....... None....... 201...... 243....... 0.5 L...... 2.5 L....... B.........
liquid, n.o.s.
(including C2-
C12 homologues).
II....... 8......... IB2, T11, TP2, 154........ 202...... 242....... 1 L........ 30 L........ B.........
TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A.........
TP28.

* * * * * * *
Allyl iodide.... 3.............. UN1723........ II....... 3, 8...... A3, IB1, N34, 150........ 202...... 243....... 1 L........ 5 L......... B......... 40.
T7, TP2, TP13.

* * * * * * *
G.......... Amine, liquid, 8.............. UN2734........ I........ 8, 3...... N34, T14, TP2, None....... 201...... 243....... 0.5 L...... 2.5 L....... A......... 52.
corrosive, TP27.
flammable,
n.o.s. or
Polyamines,
liquid,
corrosive,
flammable,
n.o.s.
II....... 8, 3...... IB2, T11, TP2, None....... 202...... 243....... 1 L........ 30 L........ A......... 52.
TP27.
G.......... Amines, liquid, 8.............. UN2735........ I........ 8......... B10, N34, T14, None....... 201...... 243....... 0.5 L...... 2.5 L....... A......... 52.
corrosive, TP2, TP27.
n.o.s.,or
Polyamines,
liquid,
corrosive,
n.o.s.

[[Page 87522]]

II....... 8......... B2, IB2, T11, 154........ 202...... 242....... 1 L........ 30 L........ A......... 52.
TP1, TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A......... 52.
TP28.

* * * * * * *
Amyl mercaptan.. 3.............. UN1111........ II....... 3......... A3, IB2, T4, None....... 202...... 242....... 5 L........ 60 L........ B......... 95, 102.
TP1.

* * * * * * *
Antimony 8.............. UN1732........ II....... 8, 6.1.... A3, A7, A10, None....... 202...... 243....... Forbidden.. 30 L........ D......... 40, 44, 89,
pentafluoride. IB2, N3, N36, 100, 141.
T7, TP2.

* * * * * * *
Benzyl 8.............. UN1739........ I........ 8......... B4, N41, T10, None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 40.
chloroformatef. TP2, TP13.

* * * * * * *
Boron 8.............. UN2604........ I........ 8, 3...... A19, T10, TP2.. None....... 201...... 243....... 0.5 L...... 2.5 L....... D......... 40.
trifluoride
diethyl
etherate.

* * * * * * *
Butyl mercaptan. 3.............. UN2347........ II....... 3......... A3, IB2, T4, 150........ 202...... 242....... 5 L........ 60 L........ D......... 52, 95, 102.
TP1.

* * * * * * *
Chlorite 8.............. UN1908........ II....... 8......... A3, A7, B2, 154........ 202...... 242....... 1 L........ 30 L........ B......... 26, 44, 89,
solution. IB2, N34, T7, 100, 141.
TP2, TP24.
III...... 8......... A3, A7, B2, 154........ 203...... 241....... 5 L........ 60 L........ B......... 26, 44, 89,
IB3, N34, T4, 100, 141.
TP2, TP24.

* * * * * * *
2-Chloropropene. 3.............. UN2456........ I........ 3......... N36, T11, TP2.. 150........ 201...... 243....... 1 L........ 30 L........ E.........

* * * * * * *
Chromium 8.............. UN1758........ I........ 8......... A7, B10, N34, None....... 201...... 243....... 0.5 L...... 2.5 L....... C......... 40, 66, 74,
oxychloride. T10, TP2. 89, 90.

* * * * * * *
Chromosulfuric 8.............. UN2240........ I........ 8......... A7, B4, B6, None....... 201...... 243....... 0.5L....... 2.5L........ B......... 40, 66, 74,
acid. N34, T10, TP2, 89, 90.
TP13.

* * * * * * *
G.......... Corrosive 8.............. UN3264........ I........ 8......... B10, T14, TP2, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40.
liquid, acidic, TP27.
inorganic,
n.o.s.
II....... 8......... 386, B2, IB2, 154........ 202...... 242....... 1 L........ 30 L........ B......... 40.
T11, TP2, TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A......... 40.
TP28.
G.......... Corrosive 8.............. UN3265........ I........ 8......... B10, T14, TP2, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40.
liquid, acidic, TP27.
organic, n.o.s.
II....... 8......... 148,B2, IB2, 154........ 202...... 242....... 1 L........ 30 L........ B......... 40.
T11, TP2, TP27.
III...... 8......... 386, IB3, T7, 154........ 203...... 241....... 5 L........ 60 L........ A......... 40.
TP1, TP28.
G.......... Corrosive 8.............. UN3266........ I........ 8......... T14, TP2, TP27. None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40, 52.
liquid, basic,
inorganic,
n.o.s.
II....... 8......... 386, B2, IB2, 154........ 202...... 242....... 1 L........ 30 L........ B......... 40, 52.
T11, TP2, TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A......... 40, 52.
TP28.
G.......... Corrosive 8.............. UN3267........ I........ 8......... B10, T14, TP2, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40, 52.
liquid, basic, TP27.
organic, n.o.s.

[[Page 87523]]

II....... 8......... B2, IB2, T11, 154........ 202...... 242....... 1 L........ 30 L........ B......... 40, 52.
TP2, TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A......... 40, 52.
TP28.
G.......... Corrosive 8.............. UN3301........ I........ 8, 4.2.... B10............ None....... 201...... 243....... 0.5 L...... 2.5 L....... D.........
liquid, self-
heating, n.o.s.
II....... 8, 4.2.... B2, IB1........ 154........ 202...... 242....... 1 L........ 30 L........ D.........
G.......... Corrosive 8.............. UN2920........ I........ 8, 3...... B10, T14, TP2, None....... 201...... 243....... 0.5 L...... 2.5 L....... C......... 25, 40.
liquids, TP27.
flammable,
n.o.s.
II....... 8, 3...... B2, IB2, T11, 154........ 202...... 243....... 1 L........ 30 L........ C......... 25, 40.
TP2, TP27.
G.......... Corrosive 8.............. UN1760........ I........ 8......... A7, B10, T14, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40.
liquids, n.o.s. TP2, TP27.
II....... 8......... B2, IB2, T11, 154........ 202...... 242....... 1 L........ 30 L........ B......... 40.
TP2, TP27.
III...... 8......... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ A......... 40.
TP28.
G.......... Corrosive 8.............. UN3093........ I........ 8, 5.1.... A7............. None....... 201...... 243....... Forbidden.. 2.5 L....... C......... 89.
liquids,
oxidizing,
n.o.s.
II....... 8, 5.1.... A7, IB2........ None....... 202...... 243....... 1 L........ 30 L........ C......... 89.
G.......... Corrosive 8.............. UN2922........ I........ 8, 6.1.... A7, B10, T14, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 40.
liquids, toxic, TP2, TP13,
n.o.s. TP27.
II....... 8, 6.1.... B3, IB2, T7, 154........ 202...... 243....... 1 L........ 30 L........ B......... 40.
TP2.
III...... 8, 6.1.... IB3, T7, TP1, 154........ 203...... 241....... 5 L........ 60 L........ B......... 40
TP28.
G.......... Corrosive 8.............. UN3094........ I........ 8, 4.3.... A7............. None....... 201...... 243....... Forbidden.. 1 L......... E......... 13, 148.
liquids, water-
reactive, n.o.s.
II....... 8, 4.3.... A7............. None....... 202...... 243....... 1 L........ 5 L......... E......... 13, 148.

* * * * * * *
Dichloroacetic 8.............. UN1764........ II....... 8......... A3, A7, B2, 154........ 202...... 242....... 1 L........ 30 L........ A.........
acid. IB2, N34, T8,
TP2.

* * * * * * *
Dichloroacetyl 8.............. UN1765........ II....... 8......... A3, A7, B2, B6, 154........ 202...... 242....... 1 L........ 30 L........ D......... 40.
chloride. IB2, N34, T7,
TP2.

* * * * * * *
Difluorophosphor 8.............. UN1768........ II....... 8......... A7, B2, IB2, None....... 202...... 242....... 1 L........ 30 L........ A......... 40.
ic acid, N5, N34, T8,
anhydrous. TP2.

* * * * * * *
G.......... Disinfectant, 8.............. UN1903........ I........ 8......... A7, B10, T14, None....... 201...... 243....... 0.5 L...... 2.5 L....... B.........
liquid, TP2, TP27.
corrosive,
n.o.s.

* * * * * * *
G.......... Dyes, liquid, 8.............. UN2801........ I........ 8......... 11, B10, T14, None....... 201...... 243....... 0.5 L...... 2.5 L....... A.........
corrosive, TP2, TP27.
n.o.s. or Dye
intermediates,
liquid,
corrosive,
n.o.s.
II....... 8......... 11, B2, IB2, 154........ 202...... 242....... 1 L........ 30 L........ A.........
T11, TP2, TP27.
III...... 8......... 11, IB3, T7, 154........ 203...... 241....... 5 L........ 60 L........ A.........
TP1, TP28.

* * * * * * *
Ethyl mercaptan. 3.............. UN2363........ I........ 3......... T11, TP2, TP13. None....... 201...... 243....... Forbidden.. 30 L........ E......... 95, 102.

* * * * * * *
Ethyldichlorosil 4.3............ UN1183........ I........ 4.3, 8, 3. A2, A7, N34, None....... 201...... 244....... Forbidden.. 1 L......... D......... 21, 28, 40,
ane. T14, TP2, TP7, 49, 100.
TP13.

* * * * * * *
Fluoroboric acid 8.............. UN1775........ II....... 8......... A7, B2, B15, 154........ 202...... 242....... 1 L........ 30 L........ A.........
IB2, N3, N34,
T7, TP2.
Fluorophosphoric 8.............. UN1776........ II....... 8......... A7, B2, IB2, None....... 202...... 242....... 1 L........ 30 L........ A.........
acid anhydrous. N3, N34, T8,
TP2.

* * * * * * *
Fluorosilicic 8.............. UN1778........ II....... 8......... A7, B2, B15, None....... 202...... 242....... 1 L........ 30 L........ A.........
acid. IB2, N3, N34,
T8, TP2.
Fluorosulfonic 8.............. UN1777........ I........ 8......... A7, A10, B6, None....... 201...... 243....... 0.5 L...... 2.5 L....... D......... 40.
acid. B10, N3, N36,
T10, TP2.

[[Page 87524]]

* * * * * * *
Hexafluorophosph 8.............. UN1782........ II....... 8......... A7, B2, IB2, None....... 202...... 242....... 1 L........ 30 L........ A.........
oric acid. N3, N34, T8,
TP2.

* * * * * * *
Hydrazine, 8.............. UN2029........ I........ 8, 3, 6.1. A7, A10, B7, None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 40, 52, 125.
anhydrous. B16, B53.

* * * * * * *
Hydriodic acid.. 8.............. UN1787........ II....... 8......... A3, B2, IB2, 154........ 202...... 242....... 1 L........ 30 L........ C.........
N41, T7, TP2.
III...... 8......... IB3, T4, TP1... 154........ 203...... 241....... 5 L........ 60 L........ C......... 8.

* * * * * * *
Hydrobromic 8.............. UN1788........ II....... 8......... A3, B2, B15, 154........ 202...... 242....... 1 L........ 30 L........ C.........
acid, with not IB2, N41, T7,
more than 49 TP2.
percent
hydrobromic
acid.
III...... 8......... A3, IB3, T4, 154........ 203...... 241....... 5 L........ 60 L........ C......... 8.
TP1.

* * * * * * *
Hydrochloric 8.............. UN1789........ II....... 8......... 386, A3, B3, 154........ 202...... 242....... 1 L........ 30 L........ C.........
acid. B15, B133,
IB2, N41, T8,
TP2.
III...... 8......... A3, IB3, T4, 154........ 203...... 241....... 5 L........ 60 L........ C......... 8.
TP1.

* * * * * * *
Hydrofluoric 8.............. UN1786........ I........ 8, 6.1.... A7, B15, B23, None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 40.
acid and N5, N34, T10,
Sulfuric acid TP2, TP13.
mixtures.

* * * * * * *
Hydrofluoric 8.............. UN1790........ I........ 8, 6.1.... A7, B4, B15, None....... 201...... 243....... 0.5 L...... 2.5 L....... D......... 12, 25, 40.
acid, with more B23, N5, N34,
than 60 percent T10, TP2, TP13.
strength.
Hydrofluoric 8.............. UN1790........ II....... 8, 6.1.... A7, B15, IB2, 154........ 202...... 243....... 1 L........ 30 L........ D......... 12, 25, 40.
acid, with not N5, N34, T8,
more than 60 TP2.
percent
strength.

* * * * * * *
Hydrogen 5.1............ UN3149........ II....... 5.1, 8.... 145, A2, A3, None....... 202...... 243....... 1 L........ 5 L......... D......... 25, 66, 75.
peroxide and B53, IB2, IP5,
peroxyacetic T7, TP2, TP6,
acid mixtures, TP24.
stabilized with
acids, water,
and not more
than 5 percent
peroxyacetic
acid.

* * * * * * *
Hydrogen 5.1............ UN2014........ II....... 5.1, 8.... A2, A3, B53, None....... 202...... 243....... 1 L........ 5 L......... D......... 25, 66, 75.
peroxide, IB2, IP5, T7,
aqueous TP2, TP6,
solutions with TP24, TP37.
not less than
20 percent but
not more than
40 percent
hydrogen
peroxide
(stabilized as
necessary).

* * * * * * *
Lithium aluminum 4.3............ UN1411........ I........ 4.3, 3.... A2, A11, N34... None....... 201...... 244....... Forbidden.. 1 L......... D......... 13, 40, 148.
hydride,
ethereal.

[[Page 87525]]

* * * * * * *
Mercaptans, 3.............. UN1228........ II....... 3, 6.1.... IB2, T11, TP2, None....... 202...... 243....... Forbidden.. 60 L........ B......... 40, 95, 102.
liquid, TP27.
flammable,
toxic, n.o.s.
or Mercaptan
mixtures,
liquid,
flammable,
toxic, n.o.s.
III...... 3, 6.1.... B1, IB3, T7, 150........ 203...... 242....... 5 L........ 220 L....... A......... 40, 95, 102.
TP1, TP28.
Mercaptans, 6.1............ UN3071........ II....... 6.1, 3.... IB2, T11, TP2, 153........ 202...... 243....... 5 L........ 60 L........ C......... 40, 102, 121.
liquid, toxic, TP13, TP27.
flammable,
n.o.s. or
Mercaptan
mixtures,
liquid, toxic,
flammable,
n.o.s., flash
point not less
than 23 degrees
C.

* * * * * * *
Methyldichlorosi 4.3............ UN1242........ I........ 4.3, 8, 3. A2, A7, B6, None....... 201...... 243....... Forbidden.. 1 L......... D......... 21, 28, 40,
lane. B77, N34, T14, 49, 100.
TP2, TP7, TP13.

* * * * * * *
Morpholine...... 8.............. UN2054........ I........ 8, 3...... T10, TP2....... None....... 201...... 243....... 0.5 L...... 2.5 L....... A.........

* * * * * * *
Nitric acid 8.............. UN2031........ II....... 8, 5.1.... B2, B47, B53, None....... 158...... 242....... Forbidden.. 30 L........ D......... 66, 74, 89,
other than red IB2, IP15, T8, 90.
fuming, with at TP2.
least 65
percent, but
not more than
70 percent
nitric acid.
Nitric acid 8.............. UN2031........ II....... 8......... B2, B47, B53, None....... 158...... 242....... Forbidden.. 30 L........ D......... 44, 66, 74,
other than red IB2, IP15, T8, 89, 90.
fuming, with TP2.
more than 20
percent and
less than 65
percent nitric
acid.
Nitric acid 8.............. UN2031........ II....... 8......... B2, B47, B53, None....... 158...... 242....... 1 L........ 30 L........ D.........
other than red IB2, T8, TP2.
fuming with not
more than 20
percent nitric
acid.

* * * * * * *
Nitric acid 8.............. UN2031........ I........ 8, 5.1.... B47, B53, T10, None....... 158...... 243....... Forbidden.. 2.5 L....... D......... 44, 66, 89,
other than red TP2, TP12, 90, 110,
fuming, with TP13. 111.
more than 70
percent nitric
acid.

* * * * * * *
Nitrohydrochlori 8.............. UN1798........ I........ 8......... B10, N41, T10, None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 40, 66, 74,
c acid. TP2, TP13. 89, 90.

* * * * * * *
Nitrosylsulfuric 8.............. UN2308........ II....... 8......... A3, A7, B2, 154........ 202...... 242....... 1 L........ 30 L........ D......... 40, 66, 74,
acid, liquid. IB2, N34, T8, 89, 90.
TP2.

* * * * * * *
Organotin 6.1............ UN2788........ I........ 6.1....... N33, N34, T14, None....... 201...... 243....... 1 L........ 30 L........ B......... 40.
compounds, TP2, TP13,
liquid, n.o.s. TP27.
II....... 6.1....... A3, IB2, N33, 153........ 202...... 243....... 5 L........ 60 L........ A......... 40.
N34, T11, TP2,
TP13, TP27.
III...... 6.1....... IB3, T7, TP2, 153........ 203...... 241....... 60 L....... 220 L....... A......... 40.
TP28.

* * * * * * *
G.......... Oxidizing 5.1............ UN3098........ I........ 5.1, 8.... 62............. None....... 201...... 244....... Forbidden.. 2.5 L....... D......... 13, 56, 58,
liquid, 138.
corrosive,
n.o.s.
II....... 5.1, 8.... 62, IB1........ None....... 202...... 243....... 1 L........ 5 L......... B......... 13, 56, 58,
138.
III...... 5.1, 8.... 62, IB2........ 152........ 203...... 242....... 2.5 L...... 30 L........ B......... 13, 56, 58,
138.
G.......... Oxidizing 5.1............ UN3139........ I........ 5.1....... 62, 127, A2.... None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 56, 58, 138.
liquid, n.o.s.
II....... 5.1....... 62, 127, 148, 152........ 202...... 242....... 1 L........ 5 L......... B......... 56, 58, 138.
A2, IB2.
III...... 5.1....... 62, 127, 148, 152........ 203...... 241....... 2.5 L...... 30 L........ B......... 56, 58, 138.
A2, IB2.
G.......... Oxidizing 5.1............ UN3099........ I........ 5.1, 6.1.. 62............. None....... 201...... 244....... Forbidden.. 2.5 L....... D......... 56, 58, 138.
liquid, toxic,
n.o.s.
II....... 5.1, 6.1.. 62, IB1........ 152........ 202...... 243....... 1 L........ 5 L......... B......... 56, 58, 95,
138.

[[Page 87526]]

III...... 5.1, 6.1.. 62, IB2........ 152........ 203...... 242....... 2.5 L...... 30 L........ B......... 56, 58, 95,
138.

* * * * * * *
Perchloric acid 5.1............ UN1873........ I........ 5.1, 8.... A2, N41, T10, None....... 201...... 243....... Forbidden.. 2.5 L....... D......... 66.
with more than TP1.
50 percent but
not more than
72 percent
acid, by mass.

* * * * * * *
Phosphorus 8.............. UN1808........ II....... 8......... A3, A7, B2, None....... 202...... 242....... Forbidden.. 30 L........ C......... 40.
tribromide. B25, IB2, N34,
N43, T7, TP2.

* * * * * * *
Propanethiols... 3.............. UN2402........ II....... 3......... IB2, T4, TP1, 150........ 202...... 242....... 5 L........ 60 L........ E......... 95, 102.
TP13.

* * * * * * *
Propylene oxide. 3.............. UN1280........ I........ 3......... N34, T11, TP2, None....... 201...... 243....... 1 L........ 30 L........ E......... 40.
TP7.

* * * * * * *
1,2- 8.............. UN2258........ II....... 8, 3...... A3, IB2, N34, None....... 202...... 243....... 1 L........ 30 L........ A......... 40.
Propylenediamin T7, TP2.
e.
Propyleneimine, 3.............. UN1921........ I........ 3, 6.1.... N34, T14, TP2, None....... 201...... 243....... 1 L........ 30 L........ B......... 40.
stabilized. TP13.

* * * * * * *
Selenium 8.............. UN2879........ I........ 8, 6.1.... A7, N34, T10, None....... 201...... 243....... 0.5 L...... 2.5 L....... E......... 40.
oxychloride. TP2, TP13.

* * * * * * *
Silicon 8.............. UN1818........ II....... 8......... A3, B2, B6, None....... 202...... 242....... Forbidden.. 30 L........ C......... 40.
tetrachloride. T10, TP2, TP7,
TP13.

* * * * * * *
Sulfur chlorides 8.............. UN1828........ I........ 8......... 5, A7, A10, None....... 201...... 243....... Forbidden.. 2.5 L....... C......... 40.
B10, B77, N34,
T20, TP2.

* * * * * * *
Sulfuric acid, 8.............. UN1831........ I........ 8......... A7, N34, T20, None....... 201...... 243....... Forbidden.. 2.5 L....... C......... 14, 40.
fuming with TP2,TP13.
less than 30
percent free
sulfur trioxide.

* * * * * * *
Trichloroacetic 8.............. UN2564........ II....... 8......... A3, A7, B2, 154........ 202...... 242....... 1 L........ 30 L........ B.........
acid, solution. IB2, N34, T7,
TP2.
III...... 8......... A3, A7, IB3, 154........ 203...... 241....... 5 L........ 60 L........ B......... 8.
N34, T4, TP1.

* * * * * * *
Trifluoroacetic 8.............. UN2699........ I........ 8......... A7, B4, N3, None....... 201...... 243....... 0.5 L...... 2.5 L....... B......... 12, 25, 40.
acid. N34, N36, T10,
TP2.

* * * * * * *
Valeryl chloride 8.............. UN2502........ II....... 8, 3...... A3, A7, B2, 154........ 202...... 243....... 1 L........ 30 L........ C......... 40.
IB2, N34, T7,
TP2.

* * * * * * *
Vanadium 8.............. UN2443........ II....... 8......... A3, A7, B2, 154........ 202...... 242....... Forbidden.. 30 L........ C......... 40.
oxytrichloride. B16, IB2, N34,
T7, TP2.

[[Page 87527]]

* * * * * * *
Vanadium 8.............. UN2444........ I........ 8......... A7, B4, N34, None....... 201...... 243....... Forbidden.. 2.5 L....... C......... 40.
tetrachloride. T10, TP2.

* * * * * * *
Vinyl ethyl 3.............. UN1302........ I........ 3......... T11, TP2....... None....... 201...... 243....... 1 L........ 30 L........ D.........
ether,
stabilized.

* * * * * * *
Xylyl bromide, 6.1............ UN1701........ II....... 6.1....... A3, A7, IB2, None....... 340...... None...... Forbidden.. 60 L........ D......... 40.
liquid. N33, T7, TP2,
TP13.

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

[[Page 87528]]

* * * * *
0
3. In Sec. 172.102 paragraph (c)(2), special provision A3 is revised
as follows:

Sec. 172.102 Special provisions.

* * * * *
(c) * * *
(2) * * *
A3 For combination packagings, if glass inner packagings (including
ampoules) are used, they must be packed with absorbent material in
tightly closed rigid and leakproof receptacles before packing in outer
packagings.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

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

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0
5. In Sec. 175.10, paragraphs (a)(18) and (a)(18)(i) are revised to
read as follows:

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

(a) * * *
(18) Except as provided in Sec. 173.21 of this subchapter,
portable electronic devices (e.g., watches, calculating machines,
cameras, cellular phones, laptop and notebook computers, camcorders,
medical devices etc.) containing dry cells or dry batteries (including
lithium cells or batteries) and spare dry cells or batteries for these
devices, when carried by passengers or crew members for personal use.
Portable electronic devices powered by lithium batteries may be carried
in either checked or carry-on baggage. Spare lithium batteries must be
carried in carry-on baggage only. Each installed or spare lithium
battery must be of a type proven to meet the requirements of each test
in the UN Manual of Tests and Criteria, part III, sub-section 38.3 and
each spare lithium battery must be individually protected so as to
prevent short circuits (e.g., by placement in original retail
packaging, by otherwise insulating terminals by taping over exposed
terminals, or placing each battery in a separate plastic bag or
protective pouch). In addition, each installed or spare lithium battery
must not exceed the following:
(i) For a lithium metal battery, the lithium content must not
exceed 2 grams. With the approval of the operator, portable medical
electronic devices (e.g. automated external defibrillators (AED),
nebulizer, continuous positive airway pressure (CPAP), etc.) may
contain lithium metal batteries exceeding 2 grams but not exceeding 8
grams. No more than two individually protected lithium metal batteries
each exceeding 2 grams, but not exceeding 8 grams, may be carried as
spare batteries for portable medical electronic devices in carry-on
baggage and must be carried with the portable medical electronic device
they are intended to operate;
* * * * *
0
6. In Sec. 175.30, paragraphs (c) and (c)(1) are revised to read as
follows:

Sec. 175.30 Inspecting shipments.

* * * * *
(c) A hazardous material may be carried aboard an aircraft only if,
based on the inspection by the operator, the package, outside
container, freight container, overpack, or unit load device containing
the hazardous material:
(1) Has no leakage or other indication that its integrity has been
compromised; and
* * * * *
0
7. Section 175.33 is revised to read as follows:

Sec. 175.33 Shipping paper and notification of pilot-in-command.

(a) When a hazardous material subject to the provisions of this
subchapter is carried in an aircraft, a copy of the shipping paper
required by Sec. 175.30(a)(2) must accompany the shipment it covers
during transportation aboard the aircraft. The operator of the aircraft
must provide the pilot-in-command and dispatcher (or other ground
support personnel with responsibilities for operational control of the
aircraft as designated in the operator's manual) assigned to the flight
with accurate and legible written information as early as practicable
before departure of the aircraft, but in no case later than when the
aircraft moves under its own power, which specifies at least the
following:
(1) The air waybill number (when issued);
(2) The proper shipping name, hazard class, subsidiary risk(s)
corresponding to a required label(s), packing group and identification
number of the material, including any remaining aboard from prior
stops, as specified in Sec. 172.101 of this subchapter or the ICAO
Technical Instructions (IBR, see Sec. 171.7 of this subchapter). In
the case of Class 1 materials, the compatibility group letter also must
be shown.
(3) The total number of packages;
(4) The location of the packages aboard the aircraft;
(5) The net quantity or gross weight, as applicable, for each
package except those containing Class 7 (radioactive) materials. For a
shipment consisting of multiple packages containing hazardous materials
bearing the same proper shipping name and identification number, only
the total quantity and an indication of the quantity of the largest and
smallest package at each loading location need to be provided. For
consumer commodities, the information provided may be either the gross
mass of each package or the average gross mass of the packages as shown
on the shipping paper;
(6) For Class 7 (radioactive) materials, the number of packages,
overpacks or freight containers, their category, transport index (if
applicable), and their location aboard the aircraft;
(7) Confirmation that the package must be carried only on cargo
aircraft if its transportation aboard passenger-carrying aircraft is
forbidden;
(8) The airport at which the package(s) is to be unloaded;
(9) An indication, when applicable, that a hazardous material is
being carried under terms of a special permit;
(10) The telephone number of a person not aboard the aircraft from
whom the information contained in the notification of pilot-in-command
can be obtained. The aircraft operator must ensure the telephone number
is monitored at all times the aircraft is in flight. The telephone
number is not required to be placed on the notification of pilot-in-
command if the phone number is in a location in the cockpit available
and known to the flight crew; and
(11) The date of the flight;
(12) For UN1845, Carbon dioxide, solid (dry ice), only the UN
number, proper shipping name, hazard class, total quantity in each hold
aboard the aircraft, and the airport at which the package(s) is to be
unloaded must be provided.
(13) For UN 3480, Lithium ion batteries, and UN 3090, Lithium metal
batteries, the information required by paragraph (a) of this section
may be replaced by the UN number, proper shipping name, class, total
quantity at each specific loading location, and whether the package
must be carried on cargo aircraft only. UN 3480 (Lithium ion batteries)
and UN 3090 (Lithium metal batteries) carried under an approval must
meet all of the requirements of this section.
(b)(1) The information provided to the pilot-in-command must also
include a signed confirmation or some other indication from the person
responsible for loading the aircraft that there was no evidence of any
damage to or leakage from the packages or any leakage from the unit
load devices loaded on the aircraft;

[[Page 87529]]

(2) A copy of the written notification to pilot-in-command shall be
readily available to the pilot-in-command and dispatcher during flight.
Emergency response information required by subpart G of part 172 of
this subchapter must be maintained in the same manner as the written
notification to pilot-in-command during transport of the hazardous
material aboard the aircraft.
(3) The pilot-in-command must indicate on a copy of the information
provided to the pilot-in-command, or in some other way, that the
information has been received.
(c) The aircraft operator must--
(1) Retain a copy of the shipping paper required by Sec.
175.30(a)(2) or an electronic image thereof, that is accessible at or
through its principal place of business and must make the shipping
paper available, upon request, to an authorized official of a federal,
state, or local government agency at reasonable times and locations.
For a hazardous waste, each shipping paper copy must be retained for
three years after the material is accepted by the initial carrier. For
all other hazardous materials, each shipping paper copy must be
retained by the operator for one year after the material is accepted by
the initial carrier. Each shipping paper copy must include the date of
acceptance by the carrier. The date on the shipping paper may be the
date a shipper notifies the air carrier that a shipment is ready for
transportation, as indicated on the air waybill or bill of lading, as
an alternative to the date the shipment is picked up or accepted by the
carrier. Only an initial carrier must receive and retain a copy of the
shipper's certification, as required by Sec. 172.204 of this
subchapter.
(2) Retain a copy of each notification of pilot-in-command, an
electronic image thereof, or the information contained therein for 90
days at the airport of departure or the operator's principal place of
business.
(3) Have the information required to be retained under this
paragraph readily accessible at the airport of departure and the
intended airport of arrival for the duration of the flight leg.
(4) Make available, upon request, to an authorized official of a
Federal, State, or local government agency (which includes emergency
responders) at reasonable times and locations, the documents or
information required to be retained by this paragraph. In the event of
a reportable incident, as defined in Sec. 171.15 of this subchapter,
the aircraft operator must make immediately available to an authorized
official of a Federal, State, or local government agency (which
includes emergency responders), the documents or information required
to be retained by this paragraph.
(d) The documents required by paragraphs (a) and (b) this section
may be combined into one document if it is given to the pilot-in-
command before departure of the aircraft.
* * * * *
0
8. In Sec. 175.88, paragraph (c) is revised to read as follows:

Sec. 175.88 Inspection, orientation and securing packages of
hazardous materials.

* * * * *
(c) Packages containing hazardous materials must be:
(1) Secured in an aircraft in a manner that will prevent any
shifting or change in the orientation of the packages;
(2) Protected from being damaged, including by the movement of
baggage, mail, stores, or other cargo;
(3) Handled so that accidental damage is not caused through
dragging or mishandling; and
(4) When containing Class 7 (radioactive) materials, secured in a
manner that ensures that the separation requirements of Sec. Sec.
175.701 and 175.702 will be maintained at all times during flight.

Issued in Washington, DC, on November 21, 2016 under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2016-28403 Filed 12-2-16; 8:45 am]
BILLING CODE 4910-60-P